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<DATE>2008-11-03</DATE>
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<NAME>Mona Logarbo</NAME>
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<HEAD>The CASE of the Town of <HI>Great-Yarmouth</HI> in <HI>Norfolk,</HI> against <HI>South-Town.</HI></HEAD>
<P>SIr <HI>Robert Pa&s;ton</HI> prefers a Bill in Parliament on the behalf of him&s;elf and the men of <HI>South-Town</HI> (as he calls them, being two Farmers of his) thereby &s;ugge&s;ting, That they have by Charter the Priviledges of Lading and Unlading their own Merchandize and Goods out of their own Bottoms, at <HI>South-Town,</HI> or el&s;-where they plea&s;e, and to make their profits and &s;ale of them, fir&s;t paying at <HI>Great-Yarmouth</HI> to the Kings Collector the Cu&s;toms for Goods whereof Cu&s;tom is to be paid; and prays, That this may be confirmed to them, their Heirs, and Succe&s;&s;ors.</P>
<P><HI>[Note.]</HI> The place for which Sir <HI>Robert Pa&s;ton</HI> de&s;ires this Priveledge con&s;i&s;ts of Two Farm-hou&s;es at <HI>Great-Yarmouth</HI> Bridg|foot, and of certain of his Mar&s;h-grounds lying along the We&s;t &s;ide of the Haven of <HI>Great-Yarmouth;</HI> hath neither Boat nor Fi&s;her-man, nor had time out of minde; have no Charter, nor are or ever were Incorporated, or capable to take by Charter, or to have their Priveledg go in &s;ucce&s;&s;ion, as they de&s;ire.</P>
<P>Again&s;t the pa&s;&s;ing of this Bill the Town of <HI>Great-Yarmouth</HI> object and &s;ay, That the &s;ole right of di&s;charging of all Ve&s;&s;els, and &s;ale of all Goods, as well of Fi&s;h as other Mecrhandi&s;e coming into the Haven of <HI>Great-Yarmouth,</HI> belong to them only, and ought to be at the Town of <HI>Great-Yarmouth,</HI> and not el&s;e-where within that Port: And for maintenance hereof they produce,</P>
<P>Their Charter of King <HI>John</HI> fir&s;t Incorporating them, and re&s;erving to the Crown a Fee-farm of 55 l. <HI>per Annum.</HI></P>
<P>Their Charter 40 <HI>H.</HI> 3. and their Charter 34 <HI>Ed.</HI> 1. That all Merchandi&s;es and Wares, as well of Fi&s;h as of other things what&s;oever, which within the Haven of the Town of <HI>Great-Yarmouth,</HI> in Ships, or Boats, or otherwi&s;e, &s;hould be brought, that the &s;ame &s;hould be there bought and &s;old, and not el&s;e-where within the &s;aid Port &s;hould be di&s;charged, but &s;hould be there put to &s;ale to whom the bringers would, being Freemen, without any Fore&s;talment, Abroker&s;hip, or other let what&s;oever.</P>
<P>The Proce&s;s in the Exchequer, 34. <HI>Ed.</HI> 1. and in Chancery, 19. <HI>Ed.</HI> 2. wherein Judgments are given for the Town of <HI>Great-Yarmouth</HI> again&s;t the Towns of <HI>South-Town</HI> and <HI>Gorle&s;ton,</HI> upon the Point now in que&s;tion; And the men of tho&s;e Towns there|by adjudged Fore-&s;tallers and Abrokers within the Purview of the afore&s;aid Charters, if they Unlade their own Ve&s;&s;els or Sell their own Goods there.</P>
<P>Their Charter, 6. <HI>Ed.</HI> 3. That <HI>Little-Yarmouth</HI> make no Sale upon the Water. And,</P>
<P>Their Charter, 7. <HI>Ed.</HI> 3. Whereby Tronage, and the Profits thereof coming, are Granted to the Town of <HI>Great-Yarmouth.</HI> for their help towards the payment of their Fee-Farm, which duty they mu&s;t loo&s;e, or be much hindred in, if Goods whereof Cu&s;toms &s;hall be paid; to the King &s;hould be di&s;charged el&s;ewhere in that Haven.</P>
<P>Their Charter, 10. <HI>F.</HI> 3. That the Free Fair be kept, and Buying and Selling of Herrings be at <HI>Great-Yarmouth</HI> only, and not el&s;ewhere within &s;even Miles of the Port or Town of <HI>Great-Yarmouth</HI> during the Fair, which is by the &s;pace of forty days from St. <HI>Michael</HI> to St. <HI>Martine</HI> yearly.</P>
<P>Their Charter, 46. <HI>Ed.</HI> 3. Whereby a place in the High Sea called <HI>Kirkeley</HI> Road is granted to the Town of <HI>Great-Yarmouth,</HI> and united unto, and made parcel of their Haven of <HI>Great-Yarmouth,</HI> and that &s;uch Duties and Cu&s;toms &s;hall be paid for the Unlading of Ve&s;&s;els in that Road, as at <HI>Great-Yarmouth;</HI> And an Additional Fee-Farm of 5. l. <HI>per ann.</HI> therefore re&s;erved to the Crown.</P>
<P>The Act of Parliament, 10. <HI>Rich.</HI> 2. Confirming all the former Charters and Liberties of <HI>Great-Yarmouth,</HI> which Act is &s;ub|&s;equent to 35. <HI>Ed.</HI> 3. the time of the pretended Charter to <HI>South-Town,</HI> and to other the Printed Acts, 31. <HI>Ed.</HI> 3. <HI>&amp;c.</HI> alledged by them for their rights: And which (notwith&s;tanding any precedent Repeals of the Charters of <HI>Great-Yarmouth,</HI> if any there were in Parliament, or otherwi&s;e) hath &s;et on foot and confirmed all the afore-mentioned Charters of <HI>Great-Yarmouth;</HI> And the &s;ame Charters have been &s;ince confirmed by all &s;ucceeding Kings and Queens of <HI>England,</HI> and their Liberties enjoyed accord|ingly to this day.</P>
<P>And particularly their Charter, 6. <HI>Jac.</HI> prohibiting Sale on <HI>Suffolk</HI> &s;ide, within four Furlong, of the Bridge of <HI>Great-Yarmouth,</HI> (which comprehends the place in que&s;tion) and that confirmed by His Maje&s;ty that now is.</P>
<P>And many other Charters for like purpo&s;es.</P>
<P>They &s;ay, That &s;uch Unlading on <HI>South-Town &s;ide</HI> would be a means either of hindring the King in His Cu&s;toms, or of putting him to more charge in Officers to look after them.</P>
<P>They alledge, the &s;avings of the Liberties of Great <HI>Yarmouth,</HI> in the <HI>Stat.</HI> 5. <HI>Eliz.</HI> cap. 5. and other Statutes: They alledge di|vers Statutes for Regulation of the Herring, and other the Fi&s;hing-Trade, 22. <HI>Ed.</HI> 4. <HI>cap.</HI> 2. 11. <HI>H.</HI> 7. <HI>cap.</HI> 23.13. <HI>Eliz. cap.</HI> 11. and particularly the Act of this pre&s;ent Parliament, wherein for prevention of abu&s;es in the Packing and Ordering of Herrings, and bringing of that Commodity into Credit in Foreign Parts, it is Enacted, That no Herrings of Engli&s;h-catching &s;hall be put to Sale, but what &s;hall be Packed in lawful Barrels, in &s;uch &s;ort as <HI>is</HI> there provided, by a &s;worn Packer, the Ve&s;&s;el marked with a Brand, denoting its Gage, the Quantity and Condition of the Herrings, and the Town whence they are Packed; and that the Bayliffs of <HI>Great-Yarmouth</HI> &s;hall yearly for their Haven appoint and &s;wear able Packers, to view and pack all Herrings brought into that Haven, upon the penalty of 100 l. that by the&s;e Statutes great Penalties are inflicted upon the Offenders, and &s;ome of them to be to the Town of <HI>Great-Yarmouth,</HI> and that particularly toward the repair of their Haven; from all which, if this Act pa&s;&s;es, the Two Men of <HI>South-Town</HI> at pre&s;ent, and probably more of them hereafter, will be totally ex|empt, they not being; within the Juri&s;diction of <HI>Great-Yarmouth,</HI> and there being no Provi&s;ion made for the regulating of their Fi&s;heries or Trade, but they to be at large, and priviledged and tru&s;ted to be hone&s;t beyond the whole Kingdom.</P>
<P>They alledge, as the truth is, their great burthens in maintaining their Poor, 2000 l. <HI>per annum,</HI> their Pier at the mouth of their Haven, a great and co&s;tly undertaking, &s;carce maintained at 1000 l. <HI>per Ann. Communibus Annis,</HI> and which at fir&s;t making co&s;t above 30000 l. and that it is not rea&s;onable others &s;hould partake of the benefit, without proportionable &s;hare in the Charge; much le&s;s that by Con&s;equence of immunity and ca&s;e from the&s;e common burthens on <HI>South-Town</HI> &s;ide, they &s;hould in time draw away and rob the Men of <HI>Great-Yarmouth</HI> of their Trades and Livelyhoods.</P>
<P>That without continual Supplies of great quantities of Timber (of which the Town u&s;eth &s;eldom to have le&s;s then 500 l. worth lying ready by for pre&s;ent occa&s;ions and Dangers, but have not now one Tree there, and are indebted at lea&s;t 2000 l. for Timber already &s;pent; and if this Act pa&s;s, will have no further Credit to borrow, nor have any Common-&s;tock or Lands) and without daily labour and co&s;t, their Pier will be &s;oon wa&s;ht away with the Rage of the Sea, and the Mouth of the Haven &s;topped by the Sands, and con&s;equently, that Famous Harbour lo&s;t; the Town of <HI>Great-Yarmouth,</HI> one of the mo&s;t con&s;iderable Ports in his Maje&s;tie's Dominions, de&s;troyed and become de&s;olate; the Merchants and other Trade&s;-men decaying, or with|drawing them&s;elves, many thou&s;ands of Families peri&s;h, many thou&s;ands of Acres of Mar&s;h and Low Grounds &s;urrounded; the Re|venews of the Lands of all tho&s;e parts of <HI>Norfolk</HI> and <HI>Suffolk</HI> by thirty miles at lea&s;t, much le&s;&s;end; the Strength and Defence of that part of the Kingdom weakened and indangered, and other inconveniencies follow not to be fore-&s;een, and after not to be prevented.</P>
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