The Case of South-Town, ( ALIAS) LITTLE-YARMOUTH in the County of SUFFOLCK, Concerning their Fishery and merchandise. THere is a Bill preferred in Parliament; Praying that it may be declared by Act of Parliament, that the Men and Inhabitants of Little-Yarmouth, alias, South-Town for the time being; may lad and Unlade their own Goods and merchandise out of their own Vessels at Little-Yarmouth, and make Sale of them there, paying the Kings customs at Great-Yarmouth, without impediment by Great-Yarmouth. Note. The Town of Little-Yarmouth consists now of about Thirty Houses, whereof divers are Inhabited by considerable Farmers of about a Hundred or Sevenscore pound per Annum, besides Salt-Pans; to which the Controversies with the Town of Great-Yarmouth hath reduced that place, which heretofore was a Great Town, and had two Parish Churches, and still is part of the Port of Yarmouth, and is the only instance in all the Kings Dominions, that one part of the same Port should be so oppressed by another, that they may not Fish or Trade by Sea or Land, but for the benefit of their Neighbour-Town, though they pay the Kings customs at Great-Yarmouth. And for passing this Bill, the Town of Little-Yarmouth say; That by the Statutes of 9. E. 3.1. and 2. R. 2.1. All Merchants, aliens, Denizens, and others whatsoever, that will buy or sell Flesh, Fish, and other things Vendible within Franchise, or without, may freely without Interruption sell them; and if any shall disturb, he shall Forfeit double Damages to the Party, be Imprisoned for Twelve Months, and be Fined to the King; And this shall be Observed, Performed and Kept, in every City, burrow, Port of the Sea and other places, notwithstanding, Charters of Franchise granted to them to the Contrary, nor Usage, nor custom, nor judgement given thereupon that they can allege. Which Charters, Usages and customs, the King, Lords and Commons hold of no Force, as things Granted, or Used, to the Damage of the King and Great Men of His Realm, and to the Oppression of the Commons. That by the Statute 11. R. 2. c. 7. the Statute 9. E. 3.1. and the Statute 25. E. 3.2. to the same effect, are Confirmed, and if any Statute, Ordinance, Charter, Letters-Pattents, Proclamation, Franchise, Commandment, Usage Allowance, or judgement be made or used to the Contrary, it shall be utterly Repealed, Avoided and holden for none. ☞ Note. The Charter under which the Men of Great-Yarmouth, do more especially Shelter their Oppressive Usages was made, 10. R. 2. and stands therefore Repealed and Avoided by the Subsequent Act, of 11 R. 2.7. That the purpose of the Bill is the Enlargement of the Fishing-Trade, and Encouragement of all merchandise, and especially of Fishers that come from the West-Country, Kent, Newcastle, and other Sea Towns, and Places, whose hazards and Industry are much discouraged by the inconveniences they find in the by-Laws of Great-Yarmouth, contrary to the fore-mentioned Statutes, and more particularly. The Fisher cannot sell his Herring to any Man but his Host, in Great-Yarmouth,( which might not be used, but only in the case of Merchant-Strangers;) nor can he capitulate with the Host for price, but must take what the Host please to give for them, by which means the Fisher often-times sees his Herring sold before his face to foreign Buyers for almost double the rate he receives; And in case of a plentiful Fishing, the Fishers are forced to carry their Herrings to London, or other Ports at great distance, and thereby loose the rest of the season of Fishing, or throw what they have taken overboard, that they may return to catch fresh for other Ports, because the Free-men of Yarmouth will not buy them, and no body else may. The Charters and Grants in Parliament, by which Great-Yarmouth claim these Exorbitant privileges of Monopoly have been very often complained of in Parliament; divers times Repealed by Acts of Parliament; As 6. E. 3.35. E. 3.50. E. 3. and 5. R. 2. never thought Just or Reasonable, as appears by the Arbitrations by the King and Council; 34. E. 1.6. E. 3. and by Order of the Queen and Council, 21. Eliz. by all which it is affirmed that those of Little-Yarmouth may Unlade and Sell their own Goods in their own Ships, at their own Town. Great-Yarmouth receives yearly towards Repair of their Peer above Three Thousand Pound, as by Peerage, Anchorage, &c. and other Town-Duties, at the least to the value of Fifteen Hundred Pounds per Annum: by Profits of the Hayning-Chamber, Communibus Annis Fifteen Hundred pounds; by the half Doles, Three or Four Hundred pounds, out of which they say they are at One Thousand pound Charge( others believe half the Money) for preserving of the Peer; And their profits of this nature, or any other justifiable gains will not be abated if the Liberty be confirmed to Little-Yarmouth, as is desired by the Bill. The Laws for Regulating the Herring-Fishing, and the late Act concerning the well packing of Herrings, extend as well into South-Town as now they do to Great-Yarmouth, and the Fishery and merchandise there, is by the Ordinance of Herrings, under the Care and Government of the Wardens of the Cinque Ports; therefore there is as little Ground for fear that Little-Yarmouth will by abuses, bring the Herring-Trade into Dis-repute, as there is for hopes that the Herring-Trade will enlarge till the receptions of Fishers, and their liberty of Selling be extended beyond the Limits of Great-Yarmouth. The Port of London is the most Considerable in all England, yet merchandise for which customs are paid at the customhouse in London, may as lawfully be Unladen at Greenwich, Ratclift, or South-warke, as at Tower-wharff: But South-Town, is nearer to Great-Yarmouth, then South-warke to London, and is part of the Port of Yarmouth. This Bill though it receive the Particular Countenance of a very Honourable and Worthy Member, Sir Robert Paston, yet it is his Zeal to the Neighbouring Counties that Engage his Patronage, not his Private Advantage, for most of the Lands in South-Town belong to Persons of Quality their Owners, and not to Sir Robert Paston; but it is an Artifice of the Adversary to Reproach a public Good, with the Name of Private Design.