King John Charter

A Market is presumed to have existed at Yarmouth before the granting of King John’s Charter of 18 March, 1207/8, during the time that the Borough was in the King’s hand. Henry Manship, writing in 1619, states (History of Yarmouth, p.176

)that “Yarmouth hath, time out of mind, enjoyed by prescription a very fair Market”. In origin then, it is prescriptive, but the Corporation’s title is based on the clause in King John’s Charter granting “quod burgus ille sit liber burgus in perpetuum et habeat socam & sacam. thol & theam. & infangenthief & outfangenthief” (“that the same borough should be free borough for ever and should have soc and sac, toll and team, and infangentheof and outfangentheof”). It is the grant of toll that is relevant here; toll is defined (Whishaw’s Law dictionary) as a “payment in towns, markets and fairs for goods and cattle bought and sold”. Hence it was stated in 1862 that “under this Charter the Corporation have always claimed and exercised dominion over … Market …” (Reference to the Property of the Mayor & c. of Gt. Yarmouth 1861”, vol.1).

The Market is not mentioned in royal grants to the Borough thereafter (save by implication in periodic confirmations of King John’s Charter) until Queen Elizabeth’s Letters Patent of 26 May, 1559 – “And further we … do grant … that the bailiffs of the borough … for ever hereafter are and shall be clerks of the Market … so that the clerk of the Market of our household … for the breaking of the assizes of bread, wine and ale, or weights and measures … by no means may intermeddle”. Under this clause the Corporation was empowered to hold a special Market Court or “market quest” for such matters as the trial of weights and measures. The records of this court have survived among the Corporation’s archives for the years 1562-94 and 1691-1834.

The Market was specifically confirmed to the Corporation by the Letters Patent of James I (22 July, 1608) Charles II (8 January, 1633/4 and 22 July, 1684) and Queen Anne (11 March, 1702/3).

Accounts for the receipt of stallage from the Market (stallage is “a sum of money paid to the Lord or owner of the soil for the liberty to erect stalls” – Whishaw’s Law Dictionary) have survived among the Corporation’s archives from 1446 onwards.

The Corporation’s title to the soil of the Market was vindicated in a case Corporation v. Groom (1862). The inhabitants of Ormesby claimed exemption from toll as tenants of ancient demesue. This exemption was upheld by the Court of Exchequer, but it was rendered valueless by the decision that, as the Corporation were owners of the soil, tenants of ancient demesue could not expose goods for sale without becoming liable to stallage.

The Assembly Books show that the Corporation has regularly made orders controlling the Market since at least the 16th century.

The Charter

John 1208 - Charter of Incorporation of the Town of Yarmouth as a Free Borough

John by the Grace of God King of England Lord of Ireland Duke of Normandy and Aquitain and Earl of Anjou, to the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Justices, Sheriffs, Provosts and to all Bailiffs and other faithful subjects Greeting, Know ye that we have granted and by our present Charter confirmed to our Burgesses of Yarmouth, that they have the Burgh of Yarmouth in fee farm forever and that the Burgh be a free Burgh forever and have soc and sac toll and theam and infangenthief and outfangenthief. And that the same Burgesses through our whole land and all through the sea ports be quit of toll, lastage, passage, page, pontage, stallage and of leve and of Danegeld and every other custom saving the liberty of the City of London and that they do not suit of counties or hundreds for tenures within the Burgh of Yarmouth. We have also granted to the same Burgesses and by this our Charter have confirmed that none of them plead out of the Burgh of Yarmouth inane pleas except the leas of outward tenures. We have also granted to them acquittance of murdur within the Burgh of Yarmouth and that none of them shall fight the combat and that they may try the pleas of the Crown among themselves according to the law and custom of Oxford and that within the Burgh aforesaid none shall take quarters by force or by assignment of the marshals and that in that Burgh there shall be no plea of miskenning and that hustings be holden but once in a week. We have also granted to them a merchant guild and that they shall justly have their lands and tenures their securities and all their debts which any one shall owe them and concerning their lands and tenures which are within the Burgh aforesaid the writ of right shall be tried by tried by them according to the law and custom of the Burgh of Oxford and concerning all their debts which shall be contracted at Yarmouth and concerning securities there made the pleas (or actions) shall be held at Yarmouth. And if any one in all England shall take tolls or custom from the Burgesses of Yarmouth, except as above, the said City of London and afterward that person shall desist from (or not prosecute his writ of) right, the Provost of Yarmouth shall take out (the writ of) Naam at Yarmouth Moreover for the amendment of the said Burgh of Yarmouth we have granted, that whatever merchants shall come to the Burgh of Yarmouth with their wares of whatever place they shall be whether foreigners or others who are at peace with us, or by permission shall come into our land they may come stay and depart in our safe peace paying the right customs of that Burgh. We also prohibit that no one injure or damage or molest the aforesaid Burgesses upon forfeiture of ten pounds. Wherefore we will and strictly command that the aforesaid Burgesses of Yarmouth and their heirs have and hold forever all the franchises aforesaid, hereditarily truly and peaceably, freely, quietly and wholly fully and honourably paying thereout annually fifty and five pounds by tale, by the hand of the Provost of Yarmouth into our Exchequer at the term of St.Michael. And the Burgesses of Yarmouth shall yearly choose such Provosts out of themselves as shall be agreeable to us and them.

Witness. Lord Peter of Winchester, Lord John of Norwich, Lord S. of Salisbury. Bishops: G. FitzPeter; William Marshall, Early of Pembroke, W. Our brother, Earl of Salisbury: William Earl de Farrars; Peter Fitz Herbert W. Brewer; Hugh de Nevill; Adam de Port; Garin Fitz Gerald; William de Cantilupe; John de Baffing; Jeffrey Lutterell; Thomas Fitz Adam.

DATED by the hand of H De Wells, Archdeacon of Wells, at Marlborough the eighteenth day of March in the Ninth year of our Reign.

For more information on Great Yarmouth Markets, please contact:

Duncan Mallett or Gary McHugh
Market Manager
Property Services
Town Hall
Great Yarmouth
Norfolk
NR30 2QF
Tel. 01493 846403
Fax.01493 846350
email: drm@great-yarmouth.gov.uk or gdm@great-yarmouth.gov.uk