The first step taken by the Lowestoft men after their cause was referred

by the House of Lords to the opinion of the judges, was to present a

petition to Sir Robert Foster, Lord Chief Justice of England; and also to

Sir Orlando Bridgeman, Lord Chief Justice of the Court of Common Pleas;

wherein they represented, that the House of Lords having referred to

their Lordships for their opinion, whether the statute of the 31st of

Edward III be repealed by the statute of the 2nd of Richard II, or by any

other statute; and that their poor petitioners having attended upon this

business for six months, were not able to support the expense thereof, or

to contend any longer with such powerful adversaries as the rich

inhabitants of Yarmouth, who endeavour to weary them out by delays, to

ruin their poor petitioners and the whole western fishery, and monopolise

the whole trade of herring fishing to themselves, to the great prejudice

of the kingdom in general, and of their petitioners in particular.

Therefore they humbly prayed that their Lordships would be graciously

pleased to appoint a day, in order to meet the rest of the judges, that

the counsel on both sides might attend their lordships, and a report of

their opinion be delivered to the parliament as soon as possible.

TO THE RIGHT HONOURABLE SIR ROBERT FOSTER, KNT., LORD CHIEF JUSTICE

OF ENGLAND; AND SIR ORLANDO BRIDGEMAN, BART., LORD CHIEF JUSTICE OF

THE COMMON PLEAS.

THE HUMBLE PETITION OF THE INHABITANTS OF LOWESTOFT IN THE COUNTY OF

SUFFOLK,

Sheweth,

That your poor petitioners having had several hearings before his

Majesty in council, concerning the differences between them and the

rich inhabitants of Yarmouth, respecting the free trade of herring

fishery; who thereupon was pleased to refer the same to the right

honourable the Lords assembled in Parliament, who, upon a full

hearing thereof, were pleased to refer the matter of law to the

reverend judges, to consider whether the statute of 31 Edward III,

ch. i and ii be repealed by the statute 2 Richard II, ch. vii., or by

any other statute, and to report their opinion to the house

accordingly. And your petitioners having awaited six months for

relief, and being quite worn out with expense and attendance, and are

not able any longer to contend with such powerful adversaries, who,

by delays and all other possible means, strive to ruin your poor

petitioners and the whole western fishery, and to monopolise the

whole trade of herring fishing, to the great prejudice of the kingdom

in general, as appears by the certificate of many hundreds of the

western fishermen, the certificate of the fishmongers in London, and

a remonstrance of the burgesses of parliament for the sea coast towns

in the county of Suffolk.

They therefore most humbly pray, That your lordships would be

graciously pleased to appoint a day of meeting, with the rest of the

reverend judges; and that the counsel on both sides may attend your

lordships, so that in a convenient time you may report your sense to

their lordships in parliament, as is desired in their orders of the

20th of this present June.

And your petitioners, as in duty bound, shall ever pray.

A petition was also presented from the town of Lowestoft to the House of

Peers, wherein, after reciting the order of reference to the judges, they

doubted not but that their Lordships would evidently foresee the ruin

which threatened the town of Lowestoft, the western and northern fishery,

and the great damage that would accrue to the city of London and the

nation in general; as appears from the certificates of many hundreds of

fishermen, and the remonstrance of the fishmongers in London, and the

burgesses of the sea-coast towns in Suffolk, if the Yarmouth men were

suffered to persevere in the cruel depredations which they had lately

practiced; for, exclusive of distressing them in late unhappy wars,

assisting Oliver Cromwell in taking and plundering the town, imprisoning

many of their principal inhabitants, and causing others to fly beyond the

sea, they now distressed them again by sending a vessel, called a man of

war to ride in the roads before the town of Lowestoft during the whole

herring season, and not suffering the fishers to deliver any herrings in

those roads, but compelling them to go to Yarmouth, whereby their

petitioners and the western and northern fishermen were greatly injured,

and a thousand last of herrings were thereby prevented from being caught.

Therefore they humbly beseech their lordships to afford them such relief

as they in their great wisdom should deem meet and reasonable; that so

they might follow the trade of herring fishing as usual, and prevent

their becoming the most miserable people in his Majesty’s dominions.

TO THE RIGHT HONOURABLE THE LORDS SPIRITUAL AND TEMPORAL IN

PARLIAMENT ASSEMBLED,

THE HUMBLE PETITION OF THE INHABITANTS OF THE TOWN OF LOWESTOFT, IN

THE COUNTY OF SUFFOLK.

Sheweth, That your Lordships having been graciously pleased, after

several hearings before his sacred Majesty in Council and your

lordships in Parliament to recommend the difference between your poor

petitioners and the rich inhabitants of Yarmouth unto the reverend

judges, to report to your Lordships their sense therein; we doubt not

but your Lordships will further understand the threatening ruin which

attends both them and the western and northern fishery the damage to

the city of London and to the kingdom in general, as appears by the

certificate of many hundreds of fishermen, the remonstrance of the

fishmongers in London, and the burgesses of this present Parliament

for the sea-coasts towns of the county of Suffolk, if the Yarmouth

men persevere in their cruel practices, as of late these have done,

by spoiling your poor petitioners, as in the late unhappy wars,

assisting Oliver Cromwell in taking and plundering the town,

imprisoning many of the chief inhabitants, and others, who left their

relations, fled beyond the sea into his Majesty’s maritime service;

and as if that were not sufficient, when upon his majesty’s most

happy restoration, your petitioners hope for a happy and comfortable

issue of all their calamaties, even then the men of Yarmouth, taking

advantage of your petitioners’ poverty, most cruelly practiced their

utter ruin, by sending a man of war as they called her, to ride in

the roads before the town the whole season of the herring-fishing,

not suffering the fishers to deliver any herrings in the said roads,

but forced them to carry them all to Yarmouth; whereby your

petitioners and the poor fishermen were despoiled of their trade, and

fewer herrings were taken that year by at least one thousand lasts,

than otherwise would have been.

And whereas his most excellent majesty, with the advice of his privy

council, hath been graciously pleased, by his royal proclamation, to

promote and encourage the trade of herring-fishery, as his royal

progenitors have done; and also sent forth a fleet of burses, which

must necessarily suffer proportionably with the other fishery, if the

Yarmouth men be suffered to continue such oppressive courses.

They therefore most humbly pray. That your lordships would be

graciously pleased, out of your great wisdom and pious regard to your

poor petitioners and the fishermen, to afford them such relief in

this their sad condition as in your grave wisdom shall seem just and

fit. That after their so great sufferings expense and delays, they

may not be rendered the most miserable people in all his majesty’s

dominions, but encouraged to follow their trade of herring-fishing

(which time out of mind, they have used as their sole subsistence,

and whereby many thousands of families may live and be maintained)

the fishery being the nursery of seamen, may be preserved, navigation

increased, to the great benefit of the kingdom in general, and the

freedom of your poor petitioners from inevitable ruin, and who are no

longer able to contend with such powerful adversaries.

And your poor petitioners, as in duty bound, shall ever pray, etc.

The House of Lords being assembled on the 27th of June, the witnesses

which were subpœned by the respective parties were called to the bar, to

make their several depositions.

THE DEPOSITIONS OF THE LOWESTOFT WITNESSES, JAMES MUNDES, RICHARD

GILLAM, SIDRICH SEAGER, JOHN GILL, WILLIAM FOX, AND JOHN HUMPHREY

DEPOSED,

1st. That the western fishers and others have frequently delivered

herrings in Lowestoft roads in the time of the free fair held at

Yarmouth, until this last year, when they were prevented by a man of

war.

2nd, That the fishers, if they be compelled to carry all their

herrings at Yarmouth, will lose a third part of their time, as well

as ruin their voyage; because Yarmouth is to the north of Lowestoft,

and the choicest sea for herrings is off Lowestoft, and to the

southwards twenty miles, so that of necessity the fishermen must come

first to Lowestoft, which they can oftentimes gain when it is

impossible to get Yarmouth, when the wind is against their course,

and may thereby save their night’s drift; but if compelled to go to

Yarmouth, must loss sometimes three or four nights, and lose the

taking a great quantity of herrings.

3rd. That the fishermen may have quicker dispatch at Lowestoft than

at Yarmouth, and herrings may be brought fresher to land, and better

to furnish the country; and also the ketches and pikers that

frequently lay for London, Colchester, Ipswich, and other places,

will meet with quicker dispatch than they had lately done.

4th. That although the fishers freely sell at Lowestoft, yet

Yarmouth may be sufficiently, and as plentifully served with herrings

as formerly they have been; and the whole coast may be well supplied,

to the great advantage of the nation, the benefit of the country, and

the supply of the city of London with fresh victuals. (The above

witnesses also proved the inconveniences which would attend the

fishermen in particular, as well as the kingdom in general, if there

be not free liberty to sell herrings in Lowestoft roads.)

5th. That when the fishers come first to Yarmouth, they must sell to

none but their hosts, who give them what price they please.

Mr. PALGRAVE deposed, “That the Yarmouth men frequently discharge

herrings out of the fishers before they come to the place where the fair

is kept.”

MR. PALGRAVE and MR. SAMUEL WILD proved the place where the fair is held,

and at what place proclaimed first.

MR. LOCKINGTON, MR. NOY, MR. GREEN, and the Fishmongers’ certificate also

proved the general damage which the fishmongers in London, as well as

several other places, and also the kingdom in general would sustain, from

their not being privileged to buy herrings at Lowestoft as well as at

Yarmouth, as they could not be had so good nor so cheap at the latter

place as at the former.

The fishermen’s and the fishmongers’ certificate do testify all the

aforesaid matters, and the burgesses in Parliament for the county of

Suffolk, do certify the same also.

After hearing the above evidence, their Lordships still declined passing

a final determination upon the affair, until the judges, to whom they had

referred for their opinion, concerning a point of law, had made their

report; and therefore a second order to the judges was issued by their

Lordships; wherein, after informing them that the witnesses belonging to

both parties in the cause between Lowestoft and Yarmouth having been

heard that day at the bar of that House, and being desirous to hear the

opinion of the judges, concerning the point of law referred to them,

before any resolution was formed, it was ordered, that the judges should

be as expeditious as possible in hearing the counsel on both sides

relative to the matter in reference, and make their report accordingly,

that so their Lordships might speedily terminate the business so long

depending before them.

DIE JOVIS, 27º Junij, 1661.

This day the witnesses on both sides, in the controversy between the

inhabitants of Lowestoft and the bailiffs of Great Yarmouth, were

heard at the bar, concerning the usage and custom of fishing and

selling of fish, and the House being desirous to hear the judges

opinions before any resolution be given between them; it is ordered

by the Lords in Parliament assembled, That the judges be desired to

expedite the hearing of the counsel on both sides upon the matter of

reference mentioned in the order of the 20th of this instant June,

and to make their report unto this House, with what convenient speed

they can; that so their Lordships may put an end to the business now

depending before them.

JO. BROWNE, Cleric. Parliamenti.

The judges returned for answer to their Lordships, that their attention

being wholly engaged with the great and important affairs of the nation,

and also that upon account of the approaching assizes, they were under

the necessity of setting off very shortly upon their circuit; therefore

they begged to inform their Lordships, that they were unable to deliver

their opinion concerning the matter of reference mentioned in the order

of the 20th instant, until the months of October or December next. Thus

the final decision of this long-contested difference was further

protracted, and the herring season being now nearly approaching, wherein

the Lowestoft men and also the northern and west country fishermen would

be exposed to the usual insults and depredations of the Yarmouth men they

were seized with the most alarming apprehensions that the moment was now

hastily approaching wherein they were to be sacrificed to the malice and

revenge of their inveterate enemies. In order, therefore, to divert the

impending ruin, and to guard against the danger which threatened them,

they once more made application to their former and only protectors, the

House of Lords; to whom they addressed themselves in a petition,

representing to their Lordships, that they had presented an address to

the judges, beseeching them to appoint a day for the counsel belonging to

the respective parties to attend them, but by reason of the great and

weighty affairs of the nation, and the approaching assizes, they could

not deliver their report before the months of October or December next;

but that lest, during the interval, their petitioners and the northern

and western fishermen should be interrupted in the free exercise of their

trade of herring-fishing, which was now approaching, as they were the

last year, by the outrageous violences of the Yarmouth men; they implored

their lordships, that they might be protected from the oppressions of the

enemies during the ensuing herring season, and also until such time as

the judges shall have made a report to their Lordships concerning the

point of law referred to them in the order of the 20th June last.

TO THE RIGHT HONOURABLE THE PEERS OF ENGLAND, ASSEMBLED IN

PARLIAMENT.

THE HUMBLE PETITION OF THE INHABITANTS OF THE TOWN OF LOWESTOFT IN

THE COUNTY OF SUFFOLK,

Sheweth,

That your Lordships having been graciously pleased, upon the humble

suit and prayer of your poor petitioners, to hear the difference

between them and the rich inhabitants of Yarmouth, concerning the

herring fishing, and to refer to the judges for their consideration,

a matter of law, whether the statute of 31 Edward III, ch. i and ii

be repealed by the statute of 2 Richard II, ch. vii, or by any other

statute. And your petitioners having accordingly made their humble

address to their Lordships to appoint a day for the counsel on both

sides to attend them, who, by reason of the great and weighty affairs

of the nation, and the approaching assizes, and not answer your

Lordships’ desires therein before the months of October or December

next. And lest, in the meantime, your petitioners and the poor

fishermen should be disturbed in the free exercise of their trade of

herring-fishing now nearly approaching, to the threatening ruin of

them and their families, as the men of Yarmouth practised the last

year by force and violence.

They therefore most humbly pray, That your Lordships would be

pleased, out of your great wisdom and pious regard to your poor

petitioners, to afford them relief in this their so great sufferings

in the late war, a lamentable fire, and great expenses in this

unhappy contest, that they be not rendered the most miserable people

in his Majesty’s dominions; but that they may, by your Lordships’

protection, be encouraged to exercise their trade of herring-fishing,

without molestation from the Yarmouth men, the purchasing a present

subsistence for themselves and families, until the judges shall

deliver their opinion to your Lordships, in pursuance of your orders.

And your petitioners, as in duty bound, shall ever pray, etc.

In consequence of this petition, an order was immediately issued by the

Lordships, directing that town of Lowestoft, and also the northern and

west country fishermen, should be permitted to carry on the said fishery

as usual, without any interruption or molestation from the Yarmouth men,

until such time as the judges had delivered their report concerning the

statutes of 31 Edward III, and 2 Richard II.

DIE LUNÆ, 22º July, 1661.

Ordered by the Lords in Parliament assembled, that the northern and

western fishermen are hereby empowered to fish this season of the

herring fishery about the town of Yarmouth, as formerly they have

done, for three years before the last year, with a salvo to the said

town of Yarmouth and the town of Lowestoft; the right of which

fishing now depends before the Lords in Parliament.

JOHN BROWNE, Cleric Parliamenti.

THE ORDER.

Whereas there is a controversy depending in the House of Lords

assembled in Parliament, between the inhabitants of the town of

Lowestoft in the county of Suffolk, and the town of Great Yarmouth,

in the county of Norfolk, concerning the right and free trade of

herring fishing, and of buying and selling the said fish. And

whereas upon hearing of the counsel on both sides, it is ordered, by

the said Lords, That it be referred to the judges, to consider

whether the statute of 31 Edward III, ch. i and ii be repealed by the

statute of 2 Richard II, ch. vii, or by any other statute; and that

the judges are to deliver their opinion unto the said House of Lords.

And in regard much damage may arise, not only to the inhabitants of

the aforesaid towns of Lowestoft and Yarmouth, and also to the

northern and western fishermen, as well as to his Majesty’s kingdom

in general, if some course be not taken for the preservation of the

said free trade of herring fishing: be it therefore enacted, by the

King’s most excellent Majesty, with the Lords and Commons assembled

in Parliament, that fishermen from henceforth shall and may have free

liberty and full power to sell herring at all times, at their

pleasure, at the town of Lowestoft, or elsewhere, and shall not be

compelled to carry the same to Yarmouth; any statute, custom, or

usage to the contrary thereof, in any wise notwithstanding: provided

that this Act is only to continue and stand in force until the judges

have certified their opinions to the House of Lords as aforesaid, and

the said differences be settled, and the rights be established and

confirmed to such party as the same by law doth properly appertain.

The judges soon after returned from the circuit; but in consequence of

the many important affairs they were engaged in, respecting the nation,

they were unable to appoint a day for hearing the allegations of the

respective parties before the 4th December; when, at a meeting of their

Lordships for that purpose, they appointed the 24th of January next

ensuing, at three o’clock in the afternoon, for both parties, with their

respective counsel, to appear before them at Sergeants’ Inn Hall, in

Fleet street, in order to examine the complaints of the several parties,

and to hear what each of them had to advance in support of their

respective privileges and pretensions.

DECEMBER 4TH. 1661.

We do appoint Friday the 24th of January, next ensuing, at three of

the clock in the afternoon to hear the matter in difference between

the bailiffs of Great Yarmouth in the county of Norfolk, and the

inhabitants of Lowestoft, in the county of Suffolk; at which time

both parties are desired to attend us, with their counsel, at

Serjeant’s Inn Hall, Fleet Street.

R. FOSTER, ALAN BRIDGEMAN, MATTHEW HALE, THO. MALET, ROBERT HYDE,

EDWD. ATKYNS, THOMAS TWISDEN, THOMAS TYRREL, WM. WYNDHAM, CH. TURNER.

Com. Board.

In consequence of this appointment of the judges, both the parties,

with their counsel, appeared before their Lordships on the 24th of

January; who, after hearing what each party had to advance in support

of their several pretensions and also duly investigating their

respective claims and privileges, they soon after made their report

of the same to the House of Lords; and in consequence thereof it was

ordered by their Lordships, that the counsel belonging to each party

do attend at the bar of that House, on Wednesday, the 26th of that

instant February, at nine o’clock in the morning, in order to sum up

the evidence, given at a hearing of the cause, before their

Lordships, and to state the case to the House, that such a final

determination may be passed as their Lordships shall think just and

reasonable.

DIE SABBATHI, 20º FEBRY., 1661.

Upon the report of the Lord Chief Justice of the Common Pleas,

concerning the business relating to the towns of Yarmouth and

Lowestoft, concerning their fishing; and a petition of the

inhabitants of the said town of Lowestoft, read this day after the

report was made; it was ordered by the Lords spiritual and temporal

in Parliament assembled, That the Counsel on both sides are to be

heard at the bar on Wednesday next, the twenty-sixth of this instant

February, at nine of the clock in the morning, to sum up the evidence

formerly given at a hearing before their Lordships, and to state the

case to the House, that such determination may be given therein as

their Lordships shall think fit.

JO. BROWNE, Cleric. Parliamenti.

The House of Lords being assembled on the 26th February, 1661–2, the

Council on both sides were called to the bar of the House; when, after a

full hearing of their respective evidence, and duly weighing the report

of the judges, and after a long and serious debate amongst their

Lordships concerning the whole matter; it was resolved, declared, and

adjudged, by a vote of the Lords spiritual and temporal, that since the

judges, in their report, had given their opinion, that the statute of the

31st of Edward III, chap. I and it hath not been repealed by the statute,

but continues in full force and effect; but that concerning the principal

point in dispute, viz., From what place the seven miles, the boundary of

the liberties of Yarmouth, (and mentioned in the said statute of the 31st

of Edward III) was to be measured, had been left by the judges to the

determination of their Lordships. Therefore it was ordered by their

Lordships that an admeasurement of the said seven miles should actually

be made some time between that day and the 24th of June next, by the

several and respective sheriffs of the counties of Norfolk and Suffolk,

beginning from the _crane key_ in the haven of Great Yarmouth aforesaid;

and at the end thereof a new post should be erected, to denote the

termination of the same; and within which extent the said bailiffs and

corporation of Yarmouth were to enjoy their full privileges and

immunities as the said statute of the 31st of Edward III and their other

charters do afford them, and no farther.

DIE MERCURII, 26º Feby., 1661–2.

Upon hearing counsel on the twentieth day of June last, at the bar,

on the behalf of the inhabitants of Lowestoft, in the county of

Suffolk, plaintiffs; and the counsel for the bailiffs of Great

Yarmouth, in the county of Norfolk, on the behalf of themselves and

that corporation, defendants; upon their several petitions depending

before the Lords in Parliament, concerning the herring-fishing, and

buying and selling of herrings in the fair of Great Yarmouth

aforesaid; it was then ordered by this house to be referred to the

judges to consider whether the statue of the 31st of Edward III. ch.

i. and ii., be repealed by the statute of the 2nd of Richard II. ch.

vii., or by any other statute. And that the counsel on both sides

should attend the said judges in that behalf; and a report having

been since made unto this House by the Lord Chief Justice of the

Common Pleas, that he and others of the judges had, according to the

said order of the twentieth of June, heard the counsel on both sides,

and considered of the statutes therein referred to them; and that

they all are of opinion, that neither the statute of the 2nd of

Richard II. nor any other statute, had repealed the statute of the

31st of Edward III.; but that the said statute of the 31st of Edward

III., in that behalf, is in full force and effect. But as for the

great matter of the differences between the petitioners, and the town

of Yarmouth, concerning from what place the seven miles mentioned in

the said statute of the 31st of Edward III., was to be measured, the

judges had left that point to the determination of this House.

Whereupon the Lords this day heard the counsel on both sides at the

bar, in order to sum up the evidence formerly given before their

Lordships; who also stated the cause to the House. And after a long

and serious debate amongst their Lordships, it is resolved, declared,

and adjudged, by the votes of the Lords spiritual and temporal, in

Parliament assembled, That there shall be a measurement made between

this day and the 24th of June next after the date hereof, by the

several and respective sheriffs of the counties of Norfolk and

Suffolk, from the _crane key_ in the haven of Great Yarmouth

aforesaid, to extend seven measured miles from the said crane key,

and no farther; at which place a new post is to be set up, to bound

the limits aforesaid. Within which extent the said bailiffs and

corporation of Yarmouth are to enjoy their full privileges and

immunities, as the said statute of the 31st of Edward III. and their

charters do afford them, and no farther.

JO BROWN, Cleric. Parliamenti.

Thus was this great and litigious contest at length finally determined;

and therefore the next business necessary to be undertaken on the part of

Lowestoft, was to see that the order of the House was carried into

execution. In order to this purpose a letter, addressed to the bailiffs

of Yarmouth, was sent from the gentlemen concerned for Lowestoft,

acquainting them with the decision of the Lords; and also further

informing them, that as the time limited by their Lordships for making

the admeasurement would expire on the 24th of June next ensuing, they

requested that they would resolve upon a certain day, during that

interval, on which the men of Lowestoft, together with the sheriffs,

might attend them, and make the said admeasurement.

TO THE BAILIFFS OF GREAT YARMOUTH, NORFOLK,

March 4th, 1661–2.

GENTLEMEN,—There having been a controversy depending between the

towns of Lowestoft in Suffolk, and Great Yarmouth in Norfolk, for a

very long time concerning the herring fishing, which, after several

hearings the last year before his Majesty in Council, he was

graciously pleased to refer the matter to the Lords in Parliament,

who having heard at their bar the learned counsel on both sides, and

where the case was also stated; after a long and serious debate among

their Lordships, it was resolved, declared and adjudged, by the votes

of the Lords spiritual and temporal assembled, that there shall be a

measurement made between this day (the 26th of February) and the 24th

of June next after the date thereof, by the several and respective

sheriffs of the counties of Norfolk and Suffolk, from the crane key

in the haven of Great Yarmouth aforesaid, and to extend seven

measured miles and no farther; at which place a new post is to be set

up, to bound the limits aforesaid. And in order thereunto, we, whose

names are hereunto subscribed, do desire that you will affix a

certain time, when and where you will please to meet and make the

said admeasurement that accordingly you may be attended by,

Gentlemen, your Servants,

JOHN PETTUS, GEO. REEVE, RICHD. COOKE, JOHN BAYSPOOLE, HENRY FELTON,

JOHN ROUS, ROBERT BROOKE, THOS. WALDGRAVE, EDMUND POOLEY.

Accordingly the 27th of May was as agreed on by the respective parties to

meet and undertake the admeasurement of the said seven miles; but the

Yarmouth men being so much disappointed and chagrined at the late

decision of the House of Lords in favour of the town of Lowestoft, and

also perceiving that all their attempts for carrying into execution their

favourite and long-projected scheme of wholly excluding the town of

Lowestoft from the herring-fishery, and monopolising it to themselves,

totally frustrated, that they had recourse to stratagem, and endeavoured

to accomplish by artifice what they were unable to obtain by legal

proceedings. In order, therefore, to effect their designs, they

endeavoured to evade the order of the House, by attempting to prevent its

being carried into execution. For which purpose they not only prevailed

upon Sir Richard Bacon, the high sheriff of Norfolk, to be absent at

making the admeasurement, but also so far influenced the under sheriff,

Mr. Roger Smith, that when the gentlemen appointed to superintend it were

assembled at Yarmouth, in order to undertake it, the said under sheriff

absolutely refused to concur with them therein, expecting thereby to

render every measure that should be then taken, totally void and of none

effect. A circumstantial account of the proceedings in this very

extraordinary business, as well as the opinion and behaviour of the

Lowestoft people concerning the same, will more fully appear from the

following narrative of the case, as drawn up soon after by special order

and appointment:

A NARRATIVE

Concerning the proceedings upon an order of the House of Lords,

bearing date the 26th of February, 1661–2; wherein the determination

of the admeasurement of the seven miles from the crane key in

Yarmouth, towards Lowestoft, was referred to the two several and

respective sheriffs of Norfolk and Suffolk.

WE, whose names are underwritten (whereof seven of us are the next

adjacent justices of the peace, and of equal regard to the interests

of both towns—Sir John Playters, Sir George Woodhouse, Sir Henry

Bacon, Sir John Pettus, Sir William Coke, John Bedingfield, Esq., and

Thomas Scrivener, Esq., besides many other gentlemen of quality in

both counties), being solicited by the inhabitants of Lowestoft, and

also sensible of the great importance the adjusting of the

differences, and the admeasurement of the said seven miles is of, not

only to the peace and advantage of the respective parties in

particular, but to the fishery of this kingdom in general, did, on

the 27th of May, at nine o’clock in the morning, attend the arrival

of the sheriffs at the foot of the bridge entering the town of

Yarmouth, being the place and day appointed by the sheriffs.

And whereas about eleven o’clock the under sheriff of Norfolk

appeared, and made his excuse for the high sheriff, namely, “That he

was at his house, about thirty miles distant, and not in health.”

But that he, the under sheriff, was sufficiently empowered to

dispatch the business. Soon after the under sheriff appeared the

second time, and informed us that he expected the high sheriff, and

desired that his employment in this business might be suspended as

long as possible. So that, apprehending we should be disappointed of

both the high sheriffs, and conceiving the under sheriffs might

proceed in the undertaking, the town of Lowestoft desired (because

the day was far spent, and lest our journey and trouble might be to

no purpose) that the under sheriffs would undertake and begin the

admeasurement.

On this proposal, the under sheriff for Norfolk made several cavils

concerning the House of Lords, declaring that it was not of

sufficient validity to dispose of other people’s right; and that

there was no certain and legal mode of composing the differences, but

by a trial at common law.

On the other hand, the town of Lowestoft insisted on his obedience to

their Lordships’ order, and pressed him that he would undertake and

begin the admeasurement from the crane key, according to order. The

under sheriff replied, that the whole river, from the bridge to the

haven’s mouth, (which extends full two miles) was the crane key, as

he had been informed; and that the admeasurement might as properly

begin at the haven’s mouth as at any other place.

On this assertion, some of us (for better satisfaction) went into the

town of Yarmouth, and viewed the place; and found that there was no

other crane standing between the bridge and the haven’s mouth, but

only that which is mentioned in their Lordships’ order. And that

this key, upon which the crane now standeth, hath ever been called

the crane key, and no other; as was testified by several ancient

Yarmouth men. It is true that there are several other keys,

belonging to private persons, but those keys are maintained at the

particular charge of the owners. But this key whereon the crane

standeth is town ground, and doth solely belong to the town, and hath

been called so time out of mind, and is placed just opposite to their

Custom House. And the ground whereon their crane standeth is abutted

and bounded by Mr. George England’s key towards the south, and Mr.

James Johnson’s key towards the north, by the haven on the west, and

the Custom House on the east. And there is no crane upon any other

key; so that we affirmed that there could be no other crane key but

this, from whence the admeasurement ought to begin. But the under

sheriff told us, that he was not satisfied that he ought to begin at

that place, because the name of the key was so general;

notwithstanding, for above a mile and a half by the river, there is

no key, nor crane, but upon the aforesaid public key.

Whereupon we advised the under sheriff of Norfolk to begin where his

own reason dictated, and to certify the place to the House of Lords,

and the reasons for their begining there, and to leave the

determination thereof to their Lordships. But the under sheriff

refused to comply with this proposal, and still persisted to affirm

that there Lordships had no legal power to alienate any person’s

right to another. To which we replied, That their Lordships’ order

was not giving away another person’s right, but an explanation or

direction how that right might be enjoyed: and that it was not

intended that the least portion should be taken from the seven miles,

(which is all that the Yarmouth men have a just claim to), but to

point out where the seven miles ought to begin, and where to end,

according to their Lordships’ order.

But the under sheriff still continuing obstinate, retired from us

into the town, where he dined with the bailiffs, etc.

On the same day, the 27th of May, about three o’clock in the

afternoon, the under sheriff of Norfolk was again requested to concur

with the under sheriff of Suffolk, and assist in the said

admeasurement; but he not only refused to join with him in the

undertaking, but returned many unhandsome answers to some of the

justices who made the request. In consequence of the refusal, the

Lowestoft people entreated the under sheriff of Suffolk to engage two

surveyors, of honest reputation and sufficient abilities, and proceed

to the admeasurement. And although it had been more easy and

advantageous for the Lowestoft men to begin the admeasurement on the

other side of the crane key, or the opposite side of the water

(whereby they would then have walked wholly upon Suffolk ground),

yet, (that the town of Yarmouth might be privy, if they chose it, to

what so nearly concerned them) the said under sheriff for Suffolk and

the two surveyors (with some hazard to all our persons) began the

said admeasurement from the foundation of the crane, upon the public

town key, and continued to measure, in as direct a line as possible,

to the place where the boat was to conduct them over to the Suffolk

shore; and though they measured the breadth of the water which they

crossed over, containing eighteen poles in length, yet they did not

compute it in the admeasurement of the said seven miles.

It was near four o’clock when they began the admeasurement; and

notwithstanding the under sheriff of Norfolk exerted his utmost

efforts, and in the most public manner endeavoured to obstruct their

proceedings as far as the gate of the town, where he left us; and

afterwards the people of the town continued to pursue us in great

multitudes, with much insolence, provoking language, and many

disturbances, no magistrate appearing to disperse them, yet the under

sheriff at Suffolk, riding by the two surveyors, finished the

admeasurement about half-an-hour before sun-set that day; the period

of the seven miles falling short eighteen poles of the ancient limits

of the said seven miles, exclusive of the breadth of the haven before

mentioned, which was not computed in the admeasurement.

During this whole transaction, two of the justices, together with the

two surveyors, kept an exact account of the number of the length of

every chain: and to prevent any mistakes, on the conclusion of the

undertaking, the under sheriff, in the presence of the whole company,

with a sealed yard and two feet rule, measured the said chain; which

measure contained four poles, every pole being sixteen feet and a

half, according to the statute measure of the 35th of Elizabeth, ch.

vii. So that ten of those chains’ length made a furlong, and eight

furlongs a mile; and on the ending of the said seven miles thus

measured, the under sheriff hath ordered a post to be set up. In

testimony of the proceedings, we have set our hands this 28th day of

May, Anno Domi, 1662.

Jo. Playters, H. Bacon, Wm. Cooke, Jo. Bedingfield, Jo. Hall, Cyriac

Cooke, Tho. Leman, Rich. Palgrave, G. Woodhouse, Jo. Peltus, Wm.

Crane, Rich. Vyner, Tho. Scrivener, Tho. Plumstead, Antho. Jenkinson,

Wm. Gooch, Ja. Defebure, Jo. Pulham, Tho. Fulcher, surveyors; Jo.

Wythe, sub-surveyor.

THE TESTIMONY OF THE HIGH SHERIFF FOR SUFFOLK.

May 28th, 1662.

Coming the last night to Yarmouth (being the evening of the day

appointed, by mutual consent, for making the admeasurement), and from

thence this morning to Lowestoft, I found the persons above written

remaining there; who were pleased to give me this narrative of my

under sheriff’s proceedings, as above said. And I do hereby approve

of the said admeasurement, as conceiving it to be a means of

determining the differences of the said two towns.

ROG. WILLIAMS, High Sheriff for the county of Suffolk.

All the gentlemen who have signed the narrative, together with the other

persons of distinction who had attended the admeasurement, and also the

high sheriff and under sheriff for the county of Suffolk, were

entertained by the town the next day, viz.: the 28th May, at the Swan

inn, at Lowestoft. This house, at that time, was the principal inn in

the town; and was situated on the east side of the High street, on the

south side of the passage leading to the sea, called, from the adjoining

inn, the Swan score; as was also the opposite lane called the Swan Lane.

In an apartment in this inn Oliver Cromwell was entertained when he came

to Lowestoft.

On the evening of the 27th May, the gentlemen who had attended the

admeasurement, met the gentlemen of Lowestoft, at the Swan inn in this

town, and the next day was spent in great festivity and rejoicing, for

having so happily concluded this important undertaking; and on the 20th

of June following the post was erected, according to the order of the

House of Lords.

The next business which the Lowestoft men proceeded to examine into, was

the conduct of the under sheriff of Norfolk, respecting his contemptuous

behaviour at the late admeasurement to the order of the House of Lords;

and thereupon resolved to present a petition to their lordships,

complaining of the under sheriff’s conduct in that affair; and also of

the insults which they had received from the Yarmouth men during the late

herring season, notwithstanding their lordships’ orders to the contrary:

and therefore prayed their lordships to enforce their said order for the

admeasurement, and to issue such further orders for the future security

of their petitioners as might protect them against any insults or

interruptions of their powerful and malicious enemies.

To the right honourable the LORDS Spiritual and Temporal, in

Parliament assembled,

The humble PETITION of the INHABITANTS of the town of LOWESTOFT in

SUFFOLK,

Sheweth

That after several hearings before your lordships in Parliament

concerning the herring fishery, between your petitioners and the town

of Great Yarmouth, the matter of difference being from what place the

seven miles mentioned in the statute of the 31st of Edward III were

to be measured, your lordships were pleased, by your vote of the 26th

February, 1661–2, ‘To resolve, declare, and adjudge, That an

admeasurement should be made between that time and the 24th of June

following, by the respective sheriffs of Norfolk and Suffolk, from

the crane key of Yarmouth, and to extend seven miles towards

Lowestoft and no further. At which place a new post was to be set

up, to bound the limits aforesaid; and within which extent the

Corporation of Yarmouth were to enjoy their full privileges, and no

further. That thereupon your petitioners attended the said sheriffs,

who, in pursuance of your lordships said order, appointed the 27th of

May then next following, to meet at Yarmouth and make the

admeasurement accordingly. At which time their respective under

sheriffs did meet; but the under sheriff of Norfolk refused to join

to make the admeasurement, declaring that your lordships’ order was

not of sufficient validity to give away another’s right. That your

petitioners insisted on his obedience to your lord-ships’ order, and

requested the under sheriff of Suffolk (in case the other would not

join) to begin to measure the seven miles; who taking to him two

surveyors, did, in the presence of many justices of the peace and

gentlemen of quality, with a chain, measure from the said crane key,

seven miles towards Lowestoft; and at the end thereof caused a new

pole to be set up, and the high sheriff of Suffolk, under his hand,

approved thereof, as by a narrative hereunto annexed doth more fully

appear. That the town of Yarmouth (notwithstanding your lordships’

order) has since come with boats, during this last herring season,

and disturbed your petitioners and divers fishers, near three miles

beyond the said post towards Lowestoft, even in their south roads,

chasing the fishermen, and enforcing them to carry all their herrings

to Yarmouth; and by reason of the plenty thither carried, the

Yarmouth men have set the price of them from 50s. down to 30s. per

last, and some under; and some were enforced to throw their herrings

away. So that the poor fishers, by reason of the small price, did

not get a sufficiency to make good their tackling, to the apparent

ruin of the fishers, the great damage to the whole kingdom, and the

utter undoing of your petitioners; they being impoverished and

wearied out with the endless suits of their great and powerful

adversaries.

Wherefore your petitioners humbly pray, that your lordships would be

pleased to ratify and confirm the aforesaid admeasurement, made in

pursuance of your lordships’ order, and that out of your great

wisdoms you will be graciously pleased to provide for the future

security and quiet of your poor petitioners and fishermen; whereby

they may with peace and comfort use and enjoy their trade of herring

fishing, as formerly they have done, free from the disturbance of

their powerful and malicious adversaries.

And your petitioners, as in duty bound, shall ever pray,

In consequence of this petition, the House of Lords, on the 30th of

April, 1603, issued a warrant, directed to the Serjeant-at-Arms, to

apprehend the body of Robert Smith, late under sheriff of the county of

Norfolk, as a delinquent, for acting against the honour and dignity of

that house, and to bring him forthwith before the Lords in Parliament

assembled to answer for his said great offence.

DIE LUNÆ, 13º April, 1663.

The house being this day certainly informed by oath, that Roger

Smith, late under sheriff of the county of Norfolk, hath disobeyed a

judgment of this House of the 26th of February, 1661–2, concerning

the inhabitants of Lowestoft and the town of Great Yarmouth, by

forbearing to execute the same as was directed; and using flighting

words, in a most contemptuous manner, against the honour and dignity

of the House of Peers. It is ordered, by the Lords, Spiritual and

Temporal, in Parliament assembled, That the Sergeant at-Arms

attending this House, or his deputies, shall take the body of the

said Roger Smith, as a delinquent, and forthwith bring him before the

Lords in Parliament, to answer the said great offence. And this to

be a sufficient warrant in that behalf.

JO. BROWNE, Cleric Parliamenti.

To the Sergeant-at-Arms attending this House, deputy or deputies; and

to all Mayors, Justices, and others his Majesty’s officers, to be

aiding in the execution of his order.

It was further ordered that the admeasurement therein directed to be made

and performed, should be executed again by the present Sheriffs of

Norfolk and Suffolk, between the 15th of that instant April and the 24th

of June then next.

DIE LUNÆ, 15º April, 1663.

Upon the oaths of Sir Henry Bacon, baronet, and Sir John Pettus,

knight, made this day at the bar; and the reading of a narrative

subscribed by several Justices of the Peace, and many other gentlemen

of quality of both the counties of Norfolk and Suffolk, on behalf of

the townsmen of Lowestoft, in the said county of Suffolk. That on

viewing the premises they find, that this key whereon the crane now

standeth hath ever been called the crane key, and no other. And a

resolution, declaration, and judgment, passed by the vote of the

Lords Spiritual and Temporal, in the high court of Parliament

assembled, dated the 26th February, 1661–2, between the said

inhabitants of Lowestoft, and the bailiffs of Great Yarmouth, in the

county of Norfolk, for the measurement of seven miles from the said

crane key, in the haven of Yarmouth aforesaid, and to extend seven

measured miles from the said key and no further, hath been disobeyed,

and contemptuously neglected to be executed, by Roger Smith, the late

under sheriff of Norfolk, although he was earnestly pressed to yield

obedience, by making an admeasurement of the said seven miles, from

the said crane key, as in the said judgement is directed; of which

neglect and disobedience this House is very sensible. It is

therefore now ordered and declared, by the Lords Spiritual and

Temporal, in Parliament assembled, That a punctual obedience shall be

yielded unto their former judgment, and that the measurement therein

directed to be made and performed by the present sheriffs for the

said counties, be made between the date hereof and the four and

twenty day of June next ensuing.

JO. BROWNE, Cleric Parliamenti.

Pursuant to these orders, letters were immediately sent to the sheriffs

of Norfolk and Suffolk, from the gentlemen in the interest of Lowestoft,

informing them, that the House of Lords had voted the late under sheriff

of Norfolk, a delinquent, for his contempt of their order; and had

ordered him to appear at the bar of their House to answer for the same.

And that their Lordships insisted on a punctual obedience being paid to

their order of the 26th of February, 1661–2, for an admeasurement, and to

be carried into execution by the said sheriffs some time between the 13th

of that instant April, and the 24th June next ensuing.

TO THE SHERIFFS OF THE COUNTIES OF NORFOLK AND SUFFOLK,

London, 16th April, 1663.

GENTLEMEN, There having been a controversy depending a long time

between the towns of Yarmouth in Norfolk, and Lowestoft in Suffolk,

concerning the herring fishery; and after several hearings before his

Majesty in Council and their Lordships in Parliament; it was ordered

by the vote of the Lords Spiritual and Temporal, the 26th February,

1661–2, That the privileges of the seven miles granted to Yarmouth by

the statute of 31 Edward III should be measured from the crane key in

Yarmouth, towards Lowestoft, and at the end thereof a new post should

be set up, which, accordingly was done. But the under-Sheriff of

Norfolk refusing to join and yield obedience to their Lordship’s

decrees, the under-Sheriff of Suffolk, at the importunity of

Lowestoft made the said admeasurement, and drew up a narrative of the

whole proceeding, which was subscribed by many gentlemen of quality

there present; which, with their petition, was read on the 13th of

this instant, April 1663, in the House of Lords; and Sir Henry Bacon,

Bart., and Sir John Pettus, knight, being called to the bar, affirmed

the same on oath. Whereupon their Lordships debated the matter, and

for the contempt of the under sheriff of Norfolk, it was then voted

by the Lords Spiritual and Temporal, in Parliament assembled, That

the said under sheriff should be sent for as a delinquent; and that a

punctual obedience should be given and yielded to their former

judgment; and that the admeasurement therein directed to be made and

performed by the present sheriffs for the said counties should be

made between the date thereof and the 24th of June next ensuing. And

in order thereunto, we, whose name are hereunto subscribed, do

desire, that you will affix a certain time when and where you will

please to meet us, and make the said admeasurement, that accordingly

you may be attended by some of us, who are,

Gentlemen, your servants,

HEN. BACON, JOHN ROUSE, RICHARD COOKE, EDM. POTRE, E. BACON, GEORGE

REEVE. {110}

We desire that you appoint the time about the 21st or 24th of May,

and then we will be there to attend you.

But during the interval the said under sheriff presented a petition to

the House, informing their Lordships that in consequence of his being

taken into custody by the Sergeant-at-Arms, from a complaint being lodged

against him by the inhabitants of Lowestoft and divers gentlemen of that

neighbourhood, he had sustained great injury and inconvenience in his own

private affairs; and also, as receiver of the monthly assessments in the

county of Norfolk, and other monies belonging to his Majesty, his

confinement was extremely prejudicial to his Majesty’s service.

Therefore he prayed their Lordships either to discharge him from his

confinement or to grant him a speedy hearing, so that he might prove his

innocence, and discharge his duty to his Majesty.

THE HUMBLE PETITION OF ROGER SMITH, OF THE CITY OF NORWICH,

Sheweth, That upon a misinformation given to your lordships against

your petitioner, this honourable House was pleased, on the 13th of

this instant April, to order his being taken into custody by the

Sergeant-at-Arms; by virtue whereof he is now under restraint, to his

exceeding great damage, and the great neglect of the King’s Majesty’s

service; your petitioner having the receipt of the monthly

assessments in the county of Norfolk, and of other monies belonging

to his Majesty; and to the great prejudice of other your petitioner’s

weighty affairs.

Wherefore your petitioner most humbly prays your Lordships, that you

will be pleased either to discharge him from his said restraint, or

grant him a speedy hearing; whereby your petitioner may clear his

innocence, and betake himself to the discharge of his duty on his

Majesty’s aforesaid service, and the dispatch of other his great

employments.

And your petitioner, as in duty bound shall ever pray, etc.,

ROGER SMITH.

On the reading of this petition before this House, on the 20th of April,

and also the narrative subscribed by the gentlemen who attended the

admeasurement, it was ordered by their Lordships, that as the said under

sheriff denies the accusation contained in the said narrative, that he be

brought to the bar the next day morning at ten o’clock; and that the

persons who presented the said narrative, and attested the same on oath,

do also give their attendance at the same time, and make good their

charge, as they will answer the contrary thereof to that House.

Die Mercurii, 29th April, 1663.

On reading the petition of Roger Smith, late under sheriff of the

county of Norfolk, now in the custody of the Serjeant-at-Arms

attending this House, for his delinquency in disobeying a judgment of

this House, of the 26th February, 1661–2, concerning Lowestoft and

Yarmouth; and in reading a narrative subscribed by several justices

of the peace of Norfolk and Suffolk, setting out the said contempt:

It is ordered, by the Lords Spiritual and Temporal in Parliament

assembled, That the said Roger Smith (who denies the accusation of

the said narrative) be brought to the bar to-morrow morning, at ten

of the clock; at which time such as have appeared on bringing in the

said narrative, and have attested the same on oath, and to give their

attendance on this High Court, at the time aforesaid, to make good

the said charge. And herein obedience is to be given by such as are

concerned therein, as the contrary will be answered to the House.

JNO. BROWNE, Cleric. Parliamenti.

Accordingly, on the day following, the said Roger Smith, Esq., late under

sheriff, and his opponents, appeared before the House; when their

Lordships, after hearing what his accusers had to alledge against him,

and not being satisfied with such defence as he was able to make in

answer thereto, were pleased to order, That the said Roger Smith, for

refusing to execute a judgment of that House, dated 26th February,

1661–2, and also for uttering scandalous words against the honour and

dignity of that high court, should immediately acknowledge his fault, and

make submission upon his knees at the bar of that House, before their

Lordships, in the words following:

I do humbly beg your Lordships’ pardon, and express my hearty sorrow

for not executing your Lordships’ order, and for any unadvised words

uttered by me, which might have any reflection upon your Lordships’

judgment and order, concerning the matter in difference betwixt the

towns of Lowestoft and Yarmouth.

And it was further ordered by their Lordships, that the said Roger Smith

should make the like public submission in the face of the country, upon

the place, and at the time appointed by that House, for the

re-admeasurement to be made between the inhabitants of Lowestoft and the

bailiffs of Great Yarmouth, according to a late order of that House of

the 15th of that instant April; as he would answer for disobeying the

same. And lastly that the said Roger Smith be released from his

confinement, paying his fees.

DIE JOVIS, 30º April, 1663.

Whereas Roger Smith, late under sheriff of the county of Norfolk, was

this day brought to the bar as a delinquent, for refusing to execute

a judgment of this House, dated the 26th of February, 1661–2,

concerning the inhabitants of Lowestoft and the bailiffs of Yarmouth;

which was now confirmed upon oath by Sir Henry Bacon, Bart., and Sir

John Pettus, knt., who formerly did swear to the truth of a narrative

presented to their Lordships, subscribed by several justices of the

peace, and other gentlemen of quality of the counties of Norfolk and

Suffolk, relating to the said judgment. As also for scandalous words

spoken by the said Roger Smith against the honour and dignity of this

high court. It is therefore proposed by the Lords Spiritual and

Temporal, in Parliament assembled, That the said Roger Smith do

immediately make his submission upon his knees at the bar of this

House, before their Lordships, in these words following:

“I do humbly beg your Lordships’ pardon, and express my hearty sorrow

for not executing your Lordships’ order, and for any unadvised words

uttered by me, which might have any reflection put on your Lordships’

judgment and order, concerning the matter in difference betwixt the

towns of Lowestoft and Yarmouth.”

And it is further ordered by the authority aforesaid, That the said

Roger Smith shall make the like public submission in the face of the

country, upon the place, and at the time appointed by this House for

the admeasurement to be made between the inhabitants of Lowestoft and

the bailiffs of Yarmouth, according to a late order of this House,

dated the 13th of this instant April; and herein obedience is to be

given, as the contrary will be answered to this House. And lastly,

That the said Roger Smith shall be released of his present restraint

or imprisonment, paying his fees. And this to be a sufficient

warrant in that behalf.

JOHN BROWNE, Cleric. Parliamenti.

All differences being thus far settled and adjusted, the next business

which the inhabitants of Lowestoft proceeded upon, was to have the

gentlemen in their interest inform the sheriffs of the counties of

Norfolk and Suffolk that they appointed the 10th of June next ensuing,

about ten o’clock in the morning, for the day whereon to make the said

second admeasurement, and to have the same convenience at Yarmouth.

THE SHERIFFS ACCESSION TO THE APPOINTMENT FROM LOWESTOFT.

We do agree to the day and place appointed by mutual consent, between

the sheriffs of Norfolk and Suffolk and the inhabitants of Lowestoft,

for making the admeasurement between the towns of Yarmouth and

Lowestoft, according to the several orders in Parliament and to be on

the tenth day of June next, about ten o’clock of the morning, in

Yarmouth.

THO. MEADOWS,

JOSEPH BRAND.

22nd May, 1663.

In pursuance of this appointment, the order for the admeasurement was,

without any difficulty or interruption, immediately carried into

execution; and a certificate of the same was presented to the House of

Lords on the 19th of June, 1663, by the right honourable Earl Cornwallis,

attested by the sheriffs of Norfolk and Suffolk.

THE CERTIFICATE.

DIE 19TH JUIJ, 1663.

To the right honourable the LORDS Spiritual and Temporal assembled in

the High Court of Parliament.

We the several and respective sheriffs of the counties of Norfolk and

Suffolk, do humbly certify, to your Lordships, That, in obedience to

an order of your honourable House, bearing date on Monday the

fifteenth day of April last past, and of a former judgment of your

honours bearing date the six and twentieth day of February, in the

year of our Lord one thousand, six hundred and sixty-two, we have

measured from the crane key, in the haven of Great Yarmouth,

mentioned in your Lordships said last-mentioned judgement, seven

miles, extending towards Lowestoft, there likewise mentioned. And in

further pursuance of the said several orders and judgements, have, at

the end of the said seven miles, given orders to set up a new post

for the bounding of the limits, etc., according to your said orders

and judgements, this present Wednesday, being the tenth day of June,

in the fifteenth year of his Majesty’s reign.

JOSEPH BRAND, AND THOS. MEDOWES, Sheriffs.

Whereas James Wilde did declare, upon oath, at the bar, that the

handwritings wherewith the said certificate is subscribed, are the

hand-writings of the several sheriffs of the counties of Norfolk and

Suffolk, and that he, the said James Wilde, did see them write the

same.

JO. BROWNE, Cleric, Parliamenti.

Thus was this long dispute and sharply-contested law-suit between

Yarmouth and Lowestoft, respecting the herring-fishery, and which had

been prosecuted by the respective parties for upwards of four years with

the utmost vehemence, at length happily terminated by a decisive order of

the House of Lords. Too much praise for this important and happy event

can never be expressed by the inhabitants of this town on their worthy

and indefatigable townsmen Mr. James Wilde, Mr. Samuel Pacey, and Mr.

Thomas Mighells, who were the principal managers of this suit, and who so

generously exerted themselves, during the whole transaction, in promoting

the happiness of the place of their nativity, by defending its

indisputable rights and privileges, and rescuing it from the ruin which

threatened to overwhelm it. Consequently, their memories deserve to be

transmitted to the latest posterity with the highest respect, veneration,

and gratitude; and as their services for the interest of the town are too

beneficial and important ever to be forgotten, so they who obtained them

are deserving of every possible testimony of respect from their grateful

townsmen, who to this day, are enjoying the fruits of their generous and

unremitting labours for their benefit and happiness.

Soon after the settling of these differences, the town of Lowestoft sent

letters of thanks to the several members of the House of Lords, who,

during the debates, had interested themselves in defending and restoring

to the town the re-possession of her ancient rights and privileges;

namely, to Lord Hollis, the Earl of Anglesay, Earl Cornwallis, Lord

Roberts, Lord Privy Seal, Lord Lucas, Lord Devereux, Lord Ashly Cooper,

and others, acknowledging the many eminent services they had received

from them; and assuring them, that for their great goodness and

condescension, their Lordships would receive, as they were justly

entitled, the thanks and prayers of many hundreds of the poor inhabitants

of Lowestoft. The subjoined letter serves as a specimen of the whole.

To THE LORD ROBERTS, Lord Privy Seal.

London, 28th June, 1663.

My good Lord, I being prevented taking my leave of your Lordship at

my going into the country, do humbly beg your pardon. And by these

presents I presume to return your Lordship the most humble and hearty

thanks of the poor town of Lowestoft, and the fishermen thereof, for

your great condescension in appearing for them against their rich and

powerful adversaries of Yarmouth. For which your lordships will

assuredly have the prayers of many hundreds, and God’s acceptance of

so charitable a work; rendering your name and fame ever deep in the

memory of future ages. My Lord, it was my lot to follow the business

of that poor town, encouraged by the friends of our cause, amongst

whom your Lordship has been one of the most eminent. For which great

kindness I cannot express my thankfulness so sufficiently as I would,

being, alas!—Yet my good Lord, I shall presume to subscribe myself,

your Lordship’s ever most humble and grateful servant,

JAMES WILDE.

The expenses incurred by the town of Lowestoft in this suit with

Yarmouth, amounted in the whole to about six hundred pounds. It was

observed, in the former part of this section, that the town, in order to

defray the charges of the suit with Yarmouth in the reign of Queen

Elizabeth, respecting the situation of Kirkley road, had recourse to the

rents and profits of the town lands; but on this occasion they made use

of other methods, such as were judged the least burthensome to the town

in general, and most effectual for the purposes for which they were

wanted; such as levying a tax upon the herring fishery, and also upon the

brewers and coopers residing in Lowestoft. The first levy was made in

1660, at two shillings a last upon herrings, which raised £67 12s.; the

second levy was made in 1661, at five shillings a last upon herrings,

which raised £114 9s.; the third levy was made in 1663, in the same

manner as in the preceding year, which raised £159 2s. 3d.; the forth

levy was made in 1665, which raised £108; and the fifth and last levy was

made in 1674 (in order for a final discharge of all debts incurred by the

town in the prosecution of this suit), and was made after the rate of two

shillings upon every last of herrings, which raised £70. The levy made

upon the brewers and coopers raised the sum of £62 10s., and was also

applied to the purposes above-mentioned.

But notwithstanding this final decision of the House of Lords, in favour

of the town of Lowestoft, it appears that the burgesses of Yarmouth were

extremely unwilling to relinquish their former pretentions; and were so

attached to their former interest and practices, as shewed but too much

inclination to renew the disputes and disturbances which had agitated and

distressed the respective towns for many years past. For we find, that

about Michaelmas, 1663, (the first herring season after making the second

admeasurement) the Yarmouth men, with their boats, came into Lowestoft

south roads, and seized two vessels, the one a Dutch yagger, with red

herrings for Holland; the other a French fisherman; from the former they

took a barrel of red herrings, until he paid 14/- which they claimed as a

duty due to Yarmouth, the same as though the vessel had been laden in

their haven; from the latter they took their fish kettles, valued at 13s.

4d., under the same pretence. From these arbitrary and illegal

proceedings, the fishermen were so alarmed and intimidated, as to be

deterred from delivering their herrings at Lowestoft any longer, to the

great injury of the fishers, and detriment of the town, which was in

danger of being greatly impoverished thereby. To remedy this

inconvenience, Dr. Lewin, Judge of the Court of Admiralty in the county

of Suffolk, for his royal highness the Duke of York, called a court at

Lowestoft, in 1664, the jury whereof presented the Yarmouth men for

exceeding the bounds which had been lately prescribed them, and

fraudulently seizing the property of the fishermen. Shortly after Dr.

Lewin called a second court at Lowestoft, and the Yarmouth men were

summoned to appear, in order to make answer to the complaint of

Lowestoft. The Yarmouth men appeared accordingly, and pretended to

vindicate their proceedings upon the privileges of their charters. Dr.

Lewin being more inclined to compromise the affair than to involve the

parties in any fresh disputes, proposed, that if the Lowestoft men would

forbear to prosecute the affair any farther, he would bury in oblivion,

every appeal which had been made to that court; and therefore recommended

it to each of the parties to pay their respective fees, and to suffer

their differences, which only tended to revive their former animosities,

totally to subside; and it seems that they agreed to Dr. Lewin’s

proposal, and the difference was settled to their mutual satisfaction.

ARTICLES of AGREEMENT Between the Respective Parties on Terminating

the Dispute.

1st, That the admeasurement lately made, and the boundary mark that

is set up, be ratified and confirmed.

2ndly, That all fishers be free to sell their herrings in the roads

of Lowestoft, or in any other place beyond the said seven miles,

without any disturbance or interruption from the Yarmouth men.

3rdly, That if any disturbance or interruption should be made by the

Yarmouth men on the fishers or any others beyond the said seven

miles, that the said Yarmouth men should forfeit £500, one moiety

thereof to his Majesty, and the other moiety to —. Also the

offending party to suffer three months’ imprisonment, without bail.

And, lastly, that if the Yarmouth men shall at any time imprison,

either at their own town or in any other place, any of the fishermen,

for delivering their herrings at Lowestoft, or any other place beyond

the said seven miles, that the said Yarmouth men shall forfeit treble

damages to the party aggrieved, and be imprisoned three months

without bail.

However the Lowestoft men were so exceedingly alarmed at the late

infringement on their ancient privileges, and so very apprehensive of

being compelled to exhibit fresh complaints against the Yarmouth men,

before the House of Lords, that they had renewed their application to the

several peers of that House who had espoused their cause during the late

debate before that assembly, soliciting their interest, should they be

under the necessity of presenting to the House another petition relative

to the injurious proceedings of the Yarmouth men.

TO THE LORD ROBERTS, LORD PRIVY SEAL.

London, 16th April, 1664.

My good Lord, Your Lordship having been graciously pleased, from the

very first, to appear for the poor town of Lowestoft and the

fishermen, against their powerful adversaries of Yarmouth; for which

great condescension your Lordship has the prayers of many hundreds

depending upon the said fishery, and the most humble and hearty

thanks of that poor town, who implore the continuance of your

Lordship’s favour; humbly beseeching your Lordship to peruse this

short brief of the late pleadings before their Lordships in

Parliament, and the cause of our present complaint that we are going

up with to their Lordships, occasioned by the pride and malice of our

potent adversaries, who concluded we were so disabled by the great

charge of expense they had put us to, that we should never appear

further in this matter, especially as they dared to shew such

contempt for their Lordships’ order and judgment. But so it is, my

Lord, that unless your Lordship shall, upon our petition being read

in the House, be graciously pleased to plead for our future peace and

security, the poor fishermen and your petitioners must be inevitably

ruined. I beg your Lordship’s pardon for this presumption, which my

necessity enforces me to, and for the favour in having access to your

Lordship in this case, especially now in the absence of our

highly-honoured friend the Lord Hollis; and that I may subscribe

myself, my good Lord,

Your Lordship’s most humble and grateful servant,

JAMES WILDE.

* * * * *

To THE LORD CORNWALLIS,

London, 16th April, 1664.

My good Lord, Your Lordship having been graciously pleased to

understand the difference, and to appear for the poor town of

Lowestoft and the fishermen, against their rich and powerful

adversaries of Yarmouth, before the Lords in Parliament; for which

great condescension your Lordship has the prayers of many hundreds

depending on the said fishery, and the most humble and hearty thanks

of that poor town, who implore the continuance of your Lordship’s

favour. And although many persons of honour, out of a sense of the

equity of our case, have stood up in our defence, yet can we not

apply to any so properly, as those of our own county, amongst whom,

from an experience of your paternal care, I humbly beseech your

Lordship to peruse this short brief of the late proceedings before

your Lordship in Parliament, whereby your Lordship may easily discern

the pride and malice of our adversaries, who, to the amazement of all

our gentry, durst so slight the Lords’ late orders and judgments.

But their design was to spoil us at once; concluding, that we were so

disabled by the charge and great expense of the late suit they have

put us to, that we should never be able to stir any further in this

matter; as, in truth, they might well suppose, it having cost our

poor town, at least, upwards of £500, to the great impoverishment

thereof. Yet, so it is, my Lord, that should we desist in our

defence, no man of trade can stay to live in the town, except some

few to till the ground. So that unless your Lordship shall, upon our

petition, at the next sitting of the House, be graciously pleased to

afford us relief, and plead for our future peace and security, we

shall be inevitably ruined. I shall not dare your Lordship’s further

trouble at present, but beg pardon for this presumption, which our

necessities compel me to; and acknowledge the favour of having access

to your Lordship in this case, especially now in the absence of our

highly honoured friend Lord Hollis, and that I may subscribe myself,

as I am, my good Lord.

Your Lordship’s most humble and grateful servant,

JAMES WILDE.

A similar letter was sent by the same writer to the EARL of ANGLESAY.

By the constant irruptions of the sea about this time, on that part of

the coast whereon the post was erected which bounded the liberties of

Yarmouth, the said boundary-mark was washed down. And as the want of

some conspicuous object, to denote the boundary of the said liberties,

might possibly be attended with some disagreeable consequences, and

occasion fresh disputes; it was therefore thought necessary to solicit

the attendance of several gentlemen of distinction in the neighbourhood,

to superintend the re-placing of the said boundary mark, which was

necessary, both for the security of the privileges of Lowestoft, as also

for obviating any imputation of infringement on the liberties of

Yarmouth. Accordingly, on the seventh of February, 1676, the gentlemen

who were requested to be present at the re-placing of the said

boundary-mark, assembled for that purpose at Lowestoft, and executed the

same; the particulars of which proceeding are contained in the following

relation:—

Whereas, in obedience to an order of the Lords in Parliament, bearing

date the six and twentieth day of February, one thousand six hundred

and sixty-one, there was an admeasurement made by the Sheriffs of

Norfolk and Suffolk, from the crane key in Yarmouth, towards

Lowestoft, and no further. At which place a new post was set up, to

bound the limits granted by charters to the inhabitants of Yarmouth,

and in which extent the bailiffs and corporation are to enjoy their

full privileges, as the statute of 31 Edward III, and other charters

do empower them.

And whereas the said post or boundary-mark, by the incursions of the

sea upon that part of the coast whereon it stood, was in the late

tempestuous weather thrown down, and in great danger of being washed

away. Wherefore, at the humble request of the inhabitants of the

town of Lowestoft, for the securing of the said post or boundary-mark

from the danger of the sea; we, the gentlemen of the counties of

Norfolk and Suffolk, who have hereunto subscribed our names, do

humbly certify, that we were this day personally present at the place

where the post formerly stood, and finding the said post fallen to

the ground, being undermined by the sea, and not to be raised again

in the same place, to stand any ordinary rage thereof; for at the

very instant of time that we were there present, the sea came up to

the foot of the said post, as it then laid upon the ground.

Wherefore we advised, that a small post should be set up in the place

whereon the aforesaid boundary-post formerly stood; and to remove the

said boundary-post higher up, out of the danger of the sea, there to

affix it, by the help of a compass and line, at the same distance

from the crane key of Great Yarmouth as it formerly stood; which we

did then see performed accordingly. Dated this seventh day of

February, in the nine and twentieth year of the reign of our

sovereign Lord Charles the second, by the grace of God, of England,

Scotland, France, and Ireland, king defender of the faith, and so

forth; and in the year of our Lord one thousand six hundred and

seventy-six.

(Signed)—Hen. Bacon, Lionell Playters, Tho. Loud, Jas. Febure, Hen.

Wotton, Jas. Catelyn, John Walne, Neville Catebyn, Richd. Bacon, J.

Porter, Edwd. Paxton, Tho. Cloumstead, Jas. Reeve, John Playters,

Edw. North, Tho. Leman, Richd. Vesy, Phil. Hayward, Robt. Selling.

After these affairs were all fully settled and adjusted, the towns of

Yarmouth and Lowestoft appear to have conducted the herring fishery on

more amicable terms; and the latter continued the enjoyment of their

rights and privileges, without interruption from the former, until the

year 1729, when the burgesses of Yarmouth once more attempted to revive

their former pretensions to an exclusive right to the herring-fishery;

and, as a prelude to their carrying those pretensions into execution, had

formed a resolution to seize all such fishing vessels fitted out at

Lowestoft (called yaggers) as were employed by the merchants of that town

to go out to sea to purchase herrings of the northern and west country

fishers. But all these designs of the Yarmouth men were entirely

frustrated by the speedy and vigorous exertions of the Lowestoft

merchants; who, on the first alarm, immediately opened a subscription for

raising a fund, in order to defend their ancient rights and privileges,

which so far discouraged their adversaries, that they immediately

relinquished every farther proceeding in the affair, and, consequently,

were prevented from carrying their designs into execution.

The following is a copy of the ORIGINAL INSTRUMENT drawn-up on this

occasion, and signed by the principal merchants of the town:

Whereas we, whose names and seals are hereunto subscribed and set,

are all, or most of us, persons concerned in the herring-fishery.

And do intend to employ and send out yaggers to sea, to buy herrings

for this herring-fishing season, and to all other subsequent

herring-fishing seasons, during our respective lives. And whereas

the Corporation of Great Yarmouth, in the county of Norfolk, do give

out speeches, and threaten, that in case we, or any of us, do so buy

herrings at sea, that they will commence and prosecute one or more

suit or suits against us, or him, or them of us, who shall so buy

herrings at sea. And whereas, in case any suit or suits shall be

brought, begun, commenced or prosecuted against us, every, or any of

us, for our, every, or any of our buying herrings at sea, during this

or any other subsequent herring-fishing season, we are unanimously

resolved to defend such suit or suits. And in order to defray the

charge and expense of such suit or suits, we, and every of us, whose

names and seals are hereunto subscribed and set, do hereby severally

and respectively, each one for himself, and for his own heirs,

executors, and administrators, and not jointly, or one of us for

another, covenant, promise and agree, to, and with, John Tanner, of

Lowestoft aforesaid, clerk, his executors, and administrators, in

manner and form following, (that is to say), That we, and every of

us, shall, and will, within seven days next after any suit or suits

shall be brought, begun, or commenced against us, every, or any of

us, by the said corporation of Great Yarmouth, or by any person or

persons whomsoever, for our, every, or any of our, buying herrings at

sea as aforesaid, well and truly pay, or cause to be paid, this

several sum and sums of money by us severally subscribed or set down

at or near the end of our respective names, into the hands of such

person or persons as the majority of us whose names and seals are

hereunto subscribed and set, shall, by any writing, to be signed by

such majority in the presence of two credible witnesses, direct and

appoint. And that such suit and suits shall be defended during the

pleasure of the majority of us. And also, that it shall and may be

lawful to and for the person or persons into whose hands the majority

of us shall so, as aforesaid, direct and appoint the said several sum

and sums of money so, as aforesaid, by us severally subscribed to be

paid, out of the same moneys, to pay not only such costs and charges

and other moneys as may happen to be obtained or recovered against

us, every, or any of us, in any such suit or suits. And that we, and

every of us, shall and will, out of the same moneys so, as aforesaid,

by us subscribed, bear a proportionable part, with respect only to

our several subscriptions, as well as of all such costs and charges

and other moneys as may happen to be obtained or recovered against

us, every, or any of us, in any such suit or suits as aforesaid, as

also of the charges in defending such suit or suits. And so,

likewise, in case the corporation of Great Yarmouth shall act in any

such manner as to make it necessary for us to commence and prosecute

any suit or action against them, it is hereby agreed, That the money

underneath subscribed shall be liable to be employed as well in

bringing and prosecuting any such suit or action as the majority of

us shall think necessary to commence and prosecute against them, as

in defending any such suit or action as they shall commence and

prosecute against us. And likewise to make good to any particular

person the loss he may sustain by his vessel being seized and

detained by the said corporation, on account of his buying herrings

at sea as aforesaid. Provided always, and it is our and every our

intents and meanings, that in case any of us shall happen to depart

this life before any such suit or suits shall be brought, begun, or

commenced against us, or any of us, that then the sum and sums of

money subscribed by him and them of us who shall depart this life as

aforesaid, shall not be paid. And that then, and in such case, the

executors or administrators of him or them of us so dying shall not

be any way concerned in any such suit or suits, any thing herein

before mentioned or contained to the contrary thereof, in any wise

notwithstanding. In witness whereof we have hereunto set our hands

and seals, this two and twentieth day of September, in the third year

of the reign of our sovereign lord George the second, by the grace of

God, of Great Britain, France, and Ireland, King, defender of the

faith, and so forth, and in the year of our Lord one thousand seven

and twenty-nine.

John Jex, £50; William Balls, £30; James Reeve, £20; Thomas Manning,

£20; Samuel Adams, £20; John Arnold, £5; Robert Hayward, £35; John

Fowler, jun., £25; Robert Payne, £15; Samuel Church, £25; Thomas

Landifield, £25; Daniel Long, £20; John Ibrooke, £5; John Barker,

jun., £30; John Ellis, £20; John Munds, £20; Charles Boyce, £20;

Matthew Arnold, £25; Thomas Watson, £5; John Brame, £20; Robert

Dixon, £10.

Thus was the last effort of the Yarmouth men to monopolize the

herring-fishery totally frustrated, and the Lowestoft people have enjoyed

the free exercise thereof, without any interruption ever since.

How far the disputes between Yarmouth and Lowestoft had engaged the

attention of the public, will, in some measure, appear from the following

circumstance:—

About the beginning of the reign of Charles I, lived Thomas Nash, who was

born at Lowestoft, and was a sharp satirist. He wrote a play called

“Lenton-Stuffe; or, The Praise of the Red Herring,” published in 1599, in

4to. Also another play called “The Isle of Dogs,” together with other

works. His writings relate chiefly to the disputes between Yarmouth and

Lowestoft, the former of which places he attempted much to ridicule.

Swinden says, “The facetious Nash designed nothing more in Lenton-Stuffe

than a joke upon our staple—red herrings; and being a Lowestoft man, the

enmity between the two towns led him to attempt that by humour which more

sober reason could not accomplish.”