Such being the intention of the Charter you will not be surprised to
learn that it met with strenuous opposition from Lowestoft.
LOWESTOFT MEN PROSECUTED BY THE YARMOUTH BAILIFFS FOR CONTRAVENTION OF
THIS CHARTER.
When the foreign and west country fishing boats appeared in the Roads in
the autumn, and the Lowestoft men went out, as usual, with their boats to
buy herring from the ships at anchor off the denes, officers appeared
from Yarmouth armed with authority from the Bailiffs, to enforce the new
law, and to seize any ships selling or discharging herrings in
contravention of their charter. They found a large number of Lowestoft
men purchasing herrings from ships within the prohibited area, but
instead of attempting to seize the ships, which was their proper remedy
under the charter, they took the more prudent course of prosecuting the
buyers, and some 25 Lowestoft men were summoned before the Yarmouth
Bailiffs. They met the indictment brought against them by an appeal, and
it was removed by writ of certiorari to the King’s court in Westminster
Hall. The indictment states, after reciting the charter,—
“That on Friday next after the feast of St. Luke the Evangelist (18th
October) John Botild of Lowestoft bought of John Trampt of Ostend, an
alien, in the said place called Kirkley Road, which is within the 7
leuks, twenty-five lasts of new herring (value 50 pounds.) and the
said alien took his boat, (value 20 shilling) out of the ship, and in
the night elongated himself (i.e. ran away) to his own proper house,
and hauled the boat ashore, so that the said bailiffs could not touch
the said herring, nor the boat, nor the ship, to arrest them, because
the aforesaid alien had by the advice of the said John Botild
elongated himself, nor could they thence by any means answer it as a
forteiture to the Lord the King.”
The defence of the Lowestoft men was that the prohibited area only
extended as far as a place called “Stampard” (the Stanford channel?)
construing the term “leuca”, as equivalent to “mile,” (which was the
construction afterwards put upon it); and that the ships from which they
bought herrings were lying beyond this distance. The trial of the appeal
came on before the King at Westminster Hall in the Spring term of 1374,
but was adjourned for further hearing; a proceeding caused probably by
the congested state of business in the Law Courts, an inconvenience to
suitors not unknown even at the present time. What the end of the case
was we are not informed, but it evidently went against Lowestoft.
Meanwhile the Lowestoft people had appealed to another power. In 1376
they presented a petition to Parliament for the repeal of the obnoxious
charter.
FIRST REVOCATION OF EDWARD’S CHARTER TO YARMOUTH.
Public-domain text, read in full here on John Shaqi.
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