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<DATE>2014-04-07</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140221.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B18622">
<STC T="W">C1005aA</STC>
<STC T="G">816.m.16[29*]</STC>
<STC T="C">R225200</STC>
<BIBNO T="umi">99885928</BIBNO>
<VID>188532</VID>
</IDG><!-- alt.stc G816.m.16[29*] --><!-- alt.stc CR225200 -->
<TEXT LANG="eng">
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<DIV1 TYPE="appeal">
<PB REF="1" MS="y">
<HEAD>The Ca&s;e of South-Town, <HI>(ALIAS) LITTLE-YARMOUTH</HI> in the County of <HI>SUFFOLCK,</HI> Concerning their Fi&s;hery and Merchandize.</HEAD>
<P>_THere is a Bill preferred in Parliament; Praying that it may be declared by Act of Parliament, that the Men and Inhabitants of <HI>Little-Yarmouth,</HI> alias, <HI>South-Town</HI> for the time being; may Lade and Unlade their own Goods and Merchandize out of their own Ve&s;&s;els at <HI>Little-Yar|mouth,</HI> and make Sale of them there, paying the Kings Cu&s;tomes at <HI>Great-Yarmouth,</HI> without impediment by <HI>Great-Yarmouth.</HI></P>
<P><HI>Note.</HI> The Town of <HI>Little-Yarmouth</HI> con&s;i&s;ts now of about Thirty Hou&s;es, whereof di|vers are Inhabited by con&s;iderable Farmers of about a Hundred or Seven&s;core pound <HI>per An|num,</HI> be&s;ides Salt-Pans; to which the Controver&s;ies with the Town of <HI>Great-Yarmouth</HI> hath re|duced that place, which heretofore was a Great Town, and had two Pari&s;h Churches, and &s;till is part of the Port of <HI>Yarmouth,</HI> and is the only in&s;tance in all the Kings Dominions, that one part of the &s;ame Port &s;hould be &s;o oppre&s;t by another, that they may not Fi&s;h or Trade by Sea or Land, but for the benefit of their Neighbour-Town, though they pay the Kings Cu&s;tomes at <HI>Great-Yarmouth.</HI></P>
<P>And for pa&s;&s;ing this Bill, the Town of <HI>Little-Yarmouth</HI> &s;ay; That by the Statutes of 9. <HI>E.</HI> 3.1. and 2. <HI>R.</HI> 2.1. All Mer|chants, Alians, Denizens, and others what&s;oever, that will buy or &s;ell Fle&s;h, Fi&s;h, and other things Vendible within Fran|chi&s;e, or without, may freely without Interruption &s;ell them; and if any &s;hall di&s;turb, he &s;hall Forfeit double Dama|ges to the Party, be Impri&s;oned for Twelve Months, and be Fined to the King; And this &s;hall be Ob&s;erved, Performed and Kept, in every City, Burrough, Port of the Sea and other places, notwith&s;tanding, Charters of Franchi&s;e granted to them to the Contrary, nor U&s;age, nor Cu&s;tome, nor Judgment given thereupon that they can alledge. Which Charters, U&s;ages and Cu&s;tomes, the King, Lords and Commons hold of no Force, as things Granted, or U&s;ed, to the Damage of the King and Great Men of His Realm, and to the Oppre&s;&s;ion of the Commons.</P>
<P>That by the Statute 11. <HI>R.</HI> 2. <HI>c.</HI> 7. the Statute 9. <HI>E.</HI> 3.1. and the Statute 25. <HI>E.</HI> 3.2. to the &s;ame effect, are Confirmed, and if any Statute, Ordinance, Charter, Letters-Pattents, Proclamation, Franchi&s;e, Commandment, U&s;age Allowance, or Judgment be made or u&s;ed to the Contrary, it &s;hall be utterly Repealed, Avoided and holden for none.</P>
<P>&rindx; <HI>Note.</HI> The Charter under which the Men of <HI>Great-Yarmouth,</HI> doe more e&s;pecially Shelter their Oppre&s;&s;ive U&s;ages was made, 10. <HI>R.</HI> 2. and &s;tands therefore Repealed and Avoided by the Sub&s;equent Act, of 11 <HI>R.</HI> 2.7.</P>
<P>That the purpo&s;e of the Bill is the Enlargement of the Fi&s;hing-Trade, and Encouragement of all Merchandize, and e|&s;pecially of Fi&s;hers that come from the <HI>We&s;t-Country, Kent, Newca&s;tle,</HI> and other Sea Towns, and Places, who&s;e Hazzards and Indu&s;try are much di&s;couraged by the inconveniences they find in the by-Laws of <HI>Great-Yarmouth,</HI> contrary to the fore-mentioned Statutes, and more particularly.</P>
<P>The Fi&s;her cannot &s;ell his Herring to any Man but his Ho&s;t, in <HI>Great-Yarmouth,</HI> (which might not be u&s;ed, but only in the ca&s;e of Merchant-Strangers;) nor can he capitulate with the Ho&s;t for price, but mu&s;t take what the Ho&s;t plea&s;e to give for them, by which means the Fi&s;her often-times &s;ees his Herring &s;old before his face to forreign Buyers for almo&s;t double the rate he receives; And in ca&s;e of a plentiful Fi&s;hing, the Fi&s;hers are forced to carry their Herrings to <HI>London,</HI> or other Ports at great di&s;tance, and thereby loo&s;e the re&s;t of the &s;ea&s;on of Fi&s;hing, or throw what they have taken over-board, that they may return to catch fre&s;h for other Ports, becau&s;e the Free-men of <HI>Yarmouth</HI> will not buy them, and no body el&s;e may.</P>
<P>The Charters and Grants in Parliament, by which <HI>Great-Yarmouth</HI> claim the&s;e Exorbitant Priviledges of Monopoly have been very often complained of in Parliament; divers times Repealed by Acts of Parliament; As 6. <HI>E.</HI> 3.35. <HI>E.</HI> 3.50. <HI>E.</HI> 3. and 5. <HI>R.</HI> 2. never thought Ju&s;t or Rea&s;onable, as appears by the Arbitrations by the King and Council; 34. <HI>E.</HI> 1.6. <HI>E.</HI> 3. and by Order of the Queen and Council, 21. <HI>Eliz.</HI> by all which it is affirmed that tho&s;e of <HI>Little-Yarmouth</HI> may Unlade and Sell their own Goods in their own Ships, at their own Town.</P>
<P><HI>Great-Yarmouth</HI> receives yearly towards Repair of their Peer above Three Thou&s;and Pound, as by Peerage, Anchorage, <HI>&amp;c.</HI> and other Town-Duties, at the lea&s;t to the value of Fifteen Hundred Pounds <HI>per Annum:</HI> by Profits of the <HI>Hayning-Cham|ber, Communibus Annis</HI> Fifteen Hundred pounds; by the half Doles, Three or Four Hundred pounds, out of which they &s;ay they are at One Thou&s;and pound Charge (others believe half the Money) for pre&s;erving of the Peer; And their pro|fits of this nature, or any other ju&s;tifiable gains will not be abated if the Liberty be confirmed to <HI>Little-Yarmouth,</HI> as is de&s;ired by the Bill.</P>
<P>The Laws for Regulating the Herring-Fi&s;hing, and the late Act concerning the well packing of Herrings, extend as well into <HI>South-Town</HI> as now they do to <HI>Great-Yarmouth,</HI> and the Fi&s;hery and Merchandize there, is by the Ordinance of Her|rings, under the Care and Government of the Wardens of the Cinque Ports; therefore there is as little Ground for fear that <HI>Little-Yarmouth</HI> will by abu&s;es, bring the Herring-Trade into Di&s;-repute, as there is for hopes that the Herring-Trade will enlarge till the receptions of Fi&s;hers, and their liberty of Selling be extended beyond the Limits of <HI>Great-Yarmouth.</HI></P>
<P>The Port of <HI>London</HI> is the mo&s;t Con&s;iderable in all <HI>England,</HI> yet Merchandize for which Cu&s;tomes are paid at the Cu|&s;tome-hou&s;e in <HI>London,</HI> may as lawfully be Unladen at <HI>Greenwich, Ratclift,</HI> or <HI>South-warke,</HI> as at <HI>Tower-wharff:</HI> But <HI>South-Town,</HI> is nearer to <HI>Great-Yarmouth,</HI> then <HI>South-warke</HI> to <HI>London,</HI> and is part of the Port of <HI>Yarmouth.</HI></P>
<P>This Bill though it receive the Particular Countenance of a very Honourable and Worthy Member, Sir <HI>Robert Pa&s;ton,</HI> yet it is his Zeal to the Neighbouring Counties that Engage his Patronage, not his Private Advantage, for mo&s;t of the Lands in <HI>South-Town</HI> belong to Per&s;ons of Quality their Owners, and not to Sir <HI>Robert Pa&s;ton;</HI> but it is an Artifice of the Ad|ver&s;ary to Reproach a Publique Good, with the Name of Private De&s;ign.</P>
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