It appears that the Yarmouth Bailiffs had not only sent their officers
into the roads off Lowestoft to require the foreign fishermen to carry
their fish into Yarmouth, but that they had taken active measures against
the buyers, and had carried off “seven men’s goods which they have
brought thither to be sold and have committed the owners thereof to
prison and constrained them to buy their goods again.”
Lowestoft merchants were also warned to discontinue the illegal practice
of buying fish in Kirkley Road. They at once joined in the petition of
the Ketchman to the Privy Council, and a suit against Yarmouth was
commenced in the Court of the Star chamber. The managers of the
Lowestoft case retained the services of Mr. Counsellor Bacon, then a
rising barrister, afterwards the great Lord Bacon. In conjunction with
two senior counsel he gave the following very decided opinion in favour
of Lowestoft;—
“That by the statutes and charters aforesaid any man may sell or buy
herrings in the road called Kirkley Road, without the lawful let or
hindrance of the town of Yarmouth; and if any proclamation be made by
the said men of Yarmouth, or any other of the subjects of this realm
to the contrary, the same, in our opinion, is unlawful, whether it be
within or without this time of the Fair.”
Chas. Drew; Ja. Bargrave; Fr. Bacon.
The case was referred by the Star Chamber to the judges for their opinion
on the questions of law involved. They at once cut the knot by deciding
that the old statutes and charters were still in force, but that the “7
leuks” mentioned in them, could only mean 7 miles; the measure recently
established by statute, and the only legal measure which the word “leuca”
could then mean. Such a decision would at once settle the appeal in
favour of Lowestoft. The Star Chamber however refused to accept this
interpretation, and sent the case back to the Judges. The Judges adhered
to their construction of the word “leuca,” but advised that question
should be referred to Parliament for settlement. The decision of the
Judges was convenient, but in holding that the word “leuca” in the old
charters meant a “mile” as determined by the recent statute, they clearly
ignored the whole purport and intention of the enactment against which
Lowestoft had fought in the Parliaments of Edward and Richard. A Bill
appears to have been prepared to be introduced into the following Session
(1597) for giving Parliamentary sanction to this construction, and
ordering that the distance of 7 miles should be measured along the shore
from Yarmouth towards Lowestoft, and that a mark should be set up at the
end of that distance. This Bill, although set out by Gillingwater, does
not appear to have been passed. The result however, of these proceedings
was that in pursuance of the advice of the judges, the distance was
measured, and a pole set up at the end of the 7 miles on Gunton Denes.
Public-domain text, read in full here on John Shaqi.
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