The free trade policy of the Statute of Herrings had not the desired
effect of reducing the price of herrings, and the condition of Yarmouth
was getting worst. Her haven was again becoming unnavigable, and
merchants were leaving the town. On the cliff, a mile south of the mouth
of the harbour, the little town of Lowestoft was growing up, and
beginning to take an important share in the trade on which Yarmouth
depended for her existence. It was under these circumstances that
Yarmouth petitioned the King to giant her a charter which could protect
her trade against the competition of Lowestoft, and mitigate the evil
caused by the blocking up of the mouth of her harbour.
Edward III. had every reason to befriend Yarmouth, and to prevent the
ruin of an important naval town. So in 1371 he issued a Commission to
enquire how far the charter demanded by Yarmouth would be advantageous or
disadvantageous to the country. The Commission reported in favour of the
grant, and in 1373 the charter was granted which was to put the towns of
Yarmouth and Lowestoft at loggerheads for some 300 years, and involve
them in bouts of costly litigation.
The effect of the charter was to give Yarmouth two strings to her bow
against Lowestoft.
(1) It annexed to Yarmouth the “place in the high seas called Kirkley
Road” _i.e._ the whole of the roads along the coast from Pakefield to the
mouth of Yarmouth harbour, wherever that might happen to be, and gave the
Yarmouth Bailiffs the right of taking the same tolls from ships
discharging cargo in any part of these roads, which they were empowered
to take from ships inside the harbour.
(2) It prohibited the buying and selling of herrings during the time of
the Autumnal fair at any place on sea or land, within “7 leucæ” of the
town of Great Yarmouth, except at the town itself, and gave the Bailiffs
authority to seize any ship &c. from which any herrings were sold in
contravention of the charter.
As it was stated in the report of the Commission, on which this charter
was granted, that Lowestoft was 5 “leucæ” from Yarmouth, it is clear that
it was intended to include Lowestoft in the prohibition. It is also
clear than the word “leuca” was used to denote a distance of nearly two
miles. There was no legally established measure of distance at this
time. Our statute mile was not established until 200 years afterwards,
in Queen Elizabeth’s reign.
That the Yarmouth merchants had some reason to desire the protection of
their trade against the competition of Lowestoft, is shown by a statement
in a letter of complaint written from Yarmouth to the Barons of the
Cinque Ports some years afterwards, in which they are blamed for not
enforcing the observance of the charter by their own fishermen, and
requiring them to take their fish to Yarmouth, “for if they can deliver
at Lowestoft, they will bring very few or none to us.” {39}
Public-domain text, read in full here on John Shaqi.
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