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 16
th century.
For more information on Great Yarmouth Markets, please contact:Duncan Mallett
Market Manager
Property Services
Town Hall
Great Yarmouth
Norfolk
NR30 2QF
Tel. 01493 846403
Fax.01493 846350
email:
drm@great-yarmouth.gov.uk