Part 14

Whereas, we gave orders and directions unto you, for the appeasing of the controversy between the town of Yarmouth and Lowestoft, concerning their liberties, to measure the seven miles claimed by them of Yarmouth for their jurisdiction, from the key of Yarmouth; whereby they pretend the same will be very prejudicial to their charter, antient liberties, and other rights. And they also alledge, that by a statute of the 31st of Edward III, the said seven miles ought to be accounted from the uttermost bounds of the haven (_i.e._ from the mouth), which hath been extended, in memory of man, a mile further towards the south than it is now. These, therefore, shall be to require you, that according to your former directions you will cause seven miles to be measured from the key at Yarmouth, and likewise seven miles to be measured from the uppermost bounds of their haven; and to be unanimous in your opinion, and to certify unto us how far each admeasurement doth extend; and in the mean season to forbear setting up any marks or bounds until we shall consider of the same, and give such further orders therein as shall be agreeable to reason and equity, and satisfaction of both parties.

LORD KEEPER, LORD TREASURER, LORD COBBHAM, LORD BUCKHURST, MR. SECRETARY, MR. CHANCELLOR OF THE EXCHEQUER.

Concordat cum Registro Exor.

JOHN WOOLEY. Keeper of the Records of the Councell Chamber. 8th July, 1596.

On the 4th day of August, 1596, all the Commissioners nominated in the first commission, together with the bailiffs and principal inhabitants of Yarmouth assembled at Lowestoft; and the Commissioners, as directed by their commission, intended to have made the admeasurement of the seven miles the first object of their inquiry; but the Yarmouth men objected against this mode of proceeding, and insisted upon inverting the order of the enquiry, and that the ascertaining of the true situation of Kirkley road ought to be the first business that engaged their attention. The Commissioners so far acquiesced in this unreasonable demand, as to employ about four hours in investigating the exact situation of Kirkley road, and limiting its boundaries; but when the Yarmouth men began to discover that the result of the inquiry would be prejudicial to their interests, as well as contrary to their expectations, they then produced the new commission, which effectually answered all the purposes they had been aiming at; and notwithstanding the Commissioners made a proposal of sending for Mr. Rowse, the absent Commissioner, and also of suspending any further proceedings till he should arrive and concur with them in their deliberations, yet all these offers proved wholly unavailable, and nothing would satisfy the desires of the Yarmouth men but an acquiescence on the part of Lowestoft in such a decision respecting the situation of Kirkley road and the extent of its boundaries, as the bailiffs themselves thought proper.

In consequence of these illegal and unreasonable proceedings on the part of Yarmouth, the commission was dissolved. Nevertheless the Commissioners on the part of Lowestoft were so perfectly convinced of the oppressive designs of the Yarmouth men, as well as apprehensions of the inevitable ruin that would ensue to the inhabitants of Lowestoft, that before they broke up, they unanimously resolved to present a certificate of their proceedings to the Lords of the Privy Council, both for remonstrating against the unjust and unlawful proceedings of the Yarmouth men, as also to represent to their lordships, the apparent poverty and distress which threatened the town of Lowestoft.

THE CERTIFICATE OF SIR ROBERT JERMYN AND SIR JOHN HIGHAM, KNTS., AND ANTHONY WINGFIELD, ESQ., ON THE PART OF LOWESTOFT; SHEWING THE UNNECESSARY SHIFTS, DELAYS, AND HARD DEALINGS OF THE YARMOUTH MEN AND THE NECESSITY OF ENDING THE CONTROVERSY:

Our humble duties to your honours remembered.—May it please the same to be advertised, That by authority of your lordships’ letters to us and others directed, concerning the deciding of the controversies arisen between the township of Yarmouth, and the inhabitants of Lowestoft, proceeding from the certificate of the Honourable Sir John Fortescue, knt., Justice Clench and Justice Gawdy, we met together at the town of Lowestoft, whither the Commissioners named for Yarmouth, together with the bailiffs and chief inhabitants of Yarmouth, did also make their repair; and upon our meeting we desired that we might employ ourselves about the measuring of seven miles from Yarmouth to Lowestoft; but that would not be allowed of, but only to search and try out where, and how far Kirkley road did extend, upon which two points the whole of your honours’ commandment did consist, in which, after hearing the learned councell on both sides, we had spent at the least four hours about the extent of Kirkley road only, and had heard the effect of sundry affidavits taken and returned upon several writs of ad quad dampnum, mentioning the said Kirkley road: at length the bailiffs of Yarmouth delivered to us and the other Commissioners, a letter of your honours, which they had kept in their hands at the least five days, and had suffered some of us not only to travel almost fifty miles, but also to spend so many hours as we have before expressed, about a question, which upon the receipt of this your honours’ second letter, we had no authority to deal in; namely, the second point, or to describe the situation of Kirkley road. Also, in the proceeding of that letter, they omitted the name of Anthony Wingfield, Esq., who was then absent and had caused the name of William Rouse, Esq., to be put in; and also had gotten the letter so indited, as that the whole number of the said six commissioners must need agree to the measure of the said seven miles, and which could not be done by reason Mr. Rowse was absent; and although an offer was made to send for Mr. Rowse, and so to proceed to the admeasurement, yet in the end they would not proceed to it, except the Lowestoft men would confess that Kirkley road extended as far as the Yarmouth men would have it. All which proceedings we are bold to signify to your honours to prove the unnecessary delays, and hard and unjust proceedings of the Yarmouth men, and the desire they have to enjoy their private gain in the herring fishing shortly approaching, to the utter impoverishing and undoing of the poor inhabitants of Lowestoft, if by your honours’ favours they be not relieved; and whose lamentable estate, arising from the hard measure and unjust delays of the said Yarmouth men, do move us, in consideration of them, to be bold to offer to your lordships’ view, the hard dealings in this cause; and in their behalfs humbly to entreat your most honourable and speedy relief in this their grievous distress. And thus very humbly we take our leaves of your good lordships.

ROBERT JERMYN, JOHN HIGHAM ANTH. WINGFIELD.

From Somerleyton, the 4th August, 1596.

The Lowestoft men were so far from being dispirited by these illegal proceedings of the burgesses of Yarmouth, that, on the contrary, from the favourable representation of their case, made to the Privy Council by the Commissioners, they received so much encouragement as to renew their application to their Lordships for relief; and petitioned that they might be indulged with re-hearing of their cause. {81}

In consequence of their application, their lordships immediately sent letters to the several Commissioners nominated in the first Commission, informing them that as the differences subsisting between Yarmouth and Lowestoft were become a matter of great difficulty, and that some certain points of law were so connected therewith as to require explanation, they were under the necessity of referring it to the judges for their opinion thereon; and in the mean time requesting that the herring fishery and fair at Yarmouth might be conducted as usual and without any interruption, until the said judges had certified their opinion.

To SIR ROBERT JERMYN, SIR JOHN HIGHAM, SIR ARTHUR HENENINGHAM and SIR HENRY WOODHOUSE, Knts., and ANTHONY WINGFIELD, and HENRY GAWDY, Esqs.

After our hearty commendations.—We have received the letters severally sent unto us from you that were appointed to be the Commissioners on both sides for certain controversies between the towns of Yarmouth and Lowestoft. And because we find by your several reports, that it will be a matter of great difficulty for you to set in order those differences, some proceedings depending upon matter of law, and are to be decided by certificate from the judges, we have thought good to respite the same until next term; and in the mean season to request you, that those of Yarmouth may not be interrupted in their fair and herring fishing this season, but that they may use the same in such sort as the same has usually been, until there shall be a final end made in those matters now depending between them. So praying you to take thorough hearing accordingly we bid you farewell.

JOHN CANTERBURY, LORD KEEPER, LORD BUCKHURST, LORD TREASURER, LORD CHAMBERLAIN, LORD BUCKHURST, MR. SECRETARY, MR. CHANCELLOR OF THE EXCHQUER.

From the Court at Greenwich, the 17th August, 1596.

Thus was this long-contested affair brought the third time before the judges, who, after duly weighing every circumstance respecting the same delivered their opinion, “That as the matter in dispute was become so exceedingly intricate and perplexed, and entangled with such numerous difficulties as to make them despair of accommodating the differences to the mutual satisfaction of both parties, they therefore have thought it more advisable to refer the decision thereof to the determination of parliament.”

Whereas it hath pleased the right honourable the lords of her majesty’s most honourable privy council, upon the humble petition of the inhabitants of Lowestoft, in the county of Suffolk, to remit to us now this third time the controversy now depending before their lordships, between the bailiffs, burgesses, and community of the town of Great Yarmouth, in the county of Norfolk, of the one party, and the said town of Lowestoft of the other party, touching the trade of hanging and making of red herrings, and also the procuring of white herrings, for victuals of store, to be merchandised: we see no decisive course therein can be taken by us, to compound their controversies and adjust their differences, whereby to bind both parties, as is most necessary and convenient (their differences being of such great difficulty); and therefore we think it fit that the cause be respited, and referred unto the next parliament; at which time, upon supplication and complaint of those that shall find themselves aggrieved, the cause may receive hearing and due remedy.

J. CLENCH, FRANCIS GAWDY.

Given this 29th day of April, 1597.

But notwithstanding the judges declined passing a final decision upon this long-contested affair, but referred it to parliament, yet the Yarmouth men still continued to pursue the inhabitants of Lowestoft with the utmost rancour, and came shortly after into Lowestoft roads with two armed vessels, and under a pretence of being within the liberties granted by their charter, demanded anchorage; in consequence whereof a battle ensued, and much blood was shed on both sides; and though a complaint was lodged by the Yarmouth men in the star Chamber, against Lowestoft, yet their accusations appeared so frivolous and ill-grounded, that their cause was dismissed, and instead of recovering any damages, were fined twenty marks.

In consequence of this reference, an Act of parliament was passed in the year 1597, directing that an actual admeasurement of the said seven miles (eight furlongs to every mile) should immediately take place, and begin to be measured from the crane key in Yarmouth, and to proceed the directest way towards the roading place, near the sea shore, where the fishermen usually anchor for the sale of their herrings; and at the end of the said seven miles, a post or some other apparent mark, should be erected near the sea shore, to signify to all persons whom it may concern the termination of the said seven miles, prescribing the boundary of the liberties of Yarmouth. {82}

In this defence of their rights and liberties, the town of Lowestoft expended £120 which was collected from a voluntary subscription of the inhabitants; some subscribing £10, some £6, some £4, and others lesser sums, according as their abilities enabled them. But exclusive of the above expenditure, the inhabitants were under the necessity of contracting a debt of upwards of £50 which, by reason of their distressed situation they were utterly unable to discharge any other way than by appropriating a part of the rents and profits of the town lands; for it had always been an established maxim of the town to support and maintain the free trade of buying and selling herrings in Lowestoft roads; therefore, at a general meeting of the inhabitants, it was resolved that as a large sum had already been expended in support of this right, that out of 200 persons who reaped advantages from this fishery, many were unable to contribute towards the above expense; and that if the fishery was not supported, the town would be inevitably ruined. Therefore, the state of the town being thus considered, and the affair regarded as a case of necessity and charity, and of the utmost utility to the inhabitants; they agreed, That, it was a very justifiable application of the rents of the town lands, in the present emergency, in discharging the said debt.

An Act of the 39th of Elizabeth, for the measuring of seven miles from the town and haven of Great Yarmouth, in the county of Norfolk, mentioned in the statute made in the 31st year of King Edward III, and certain letters patent, granted by the same king unto the bailiff and burgesses of the said town of Yarmouth.

Whereas, King Edward the Third, at the parliament holden at Westminister the Monday after the week of Easter, in the 31st year of his reign, amongst other things, ordained, that none hang herrings in no place about the haven of Yarmouth, by seven miles, except in the three towns of Yarmouth, that is to say, Easton, Weston and Southton, unless it be the herrings of their own fishing. And whereas, the said King, by his letters patent, in the 46th year of his reign, among other things did grant unto the bailiffs, burgesses, and good men of Great Yarmouth, in the county of Norfolk, in the time of herring fishing, no fair should be kept, nor buying nor selling by way of merchandise, should be had anywhere within the space of seven miles about the said town, of herrings or other merchandise. The which letters patent and grant were afterwards revived and confirmed by act of parliament in the 10th of Richard II. And by colour and pretence of the aforesaid statute and letters patent the aforesaid bailiffs and burgesses of the said town of Yarmouth, have of late years, practised, in the principal time of herring fishing viz., from the feast of St. Michael the Archangel, forty days then next following, to restrain buying and selling of herrings, and making of white and red herrings, in other towns and places on the sea cost of Suffolk and Norfolk, above seven miles from the said town, and the place where the fair of herrings is yearly kept, contrary to the true meaning of the statute and letters patent above mentioned; by means whereof great debates and controversies have been moved, the trade of taking herrings greatly decayed in the coast of Suffolk and Norfolk, and likewise the trade of making of red herrings, which was more proper to that part of the realm than to any part of the world else, is now transferred into the parts beyond the seas, to the great hurt and undoing of the inhabitants of divers coast towns in the said counties, and to the general hurt of all fishermen using the trade of herring fishing; for that by means of this restraint there is nothing so many herrings taken as otherwise might be; and of these that be taken, the fishermen, to avoid this restraint, endeavour themselves to utter some greater quantities of herrings unto Hollanders, Zealanders, and Frenchmen, than they were wont to do, whereby the price of herring, red and white, is more than double increased, to the hurt of all the commonalty of the realm of England. Now, therefore, for the avoiding of the above mentioned and other inconvenience that in time to come may ensue, if remedy be not herein provided, be it enacted by the queen’s most excellent majesty, the lords spiritual and temporal, and the commons in this present parliament assembled and by authority of the same, that the aforesaid seven miles, mentioned in the aforesaid statute, shall be measured from that part of the said town of Yarmouth whereabout the fair of herrings is kept, which is the crane key, within the said town; from thence the usual ways southwards and northwards by the sea shore; and at the end of either of the said seven miles, apparant marks shall be fixed, such as may be seen as well upon the sea as upon the land, as a manifest declaration how far the liberties claimed by bailiffs and burgesses of Yarmouth shall extend upon the sea coast of Suffolk and Norfolk, either by sea or by land, concerning the buying, selling and hanging of herrings; and that either of the said seven miles shall be accounted to contain eight furlongs, and every furlong to contain in length, forty poles or perches, and every pole or perch to contain sixteen feet and a half; and that the high sheriffs of the counties of Norfolk and Suffolk, or their deputies, shall before the feast of St. Batholomew the apostle, now next coming, measure seven miles, in manner and form aforesaid from the said crane key, over the haven, thence southwards, and at the end of the said seven miles six apparent marks as aforesaid; and so before the said feast of St. Batholomew, measure seven miles in manner and form aforesaid, from the said crane key and at the end of the said seven miles six apparent marks as aforesaid; and that either of the said sheriffs of the said counties of Suffolk and Norfolk, for the time being, shall take such orders from time to time in their several counties, that the said marks shall be continued for ever. And the aforesaid bailiffs, burgesses, and community of the said town of Yarmouth, or the barons of the five ports, or any of them, shall not, at any time hereafter by colour of any manner of liberties, jurisdictions or privilege, claimed to belong to them or any of them, by reason of the aforesaid statute or letters patent, or any other statute, charter, usage, or rescription, restrain or inhibite any person whatsoever, buying, selling, changing, or discharging of herrings, in any place or places whatsoever, being without the compass of the said seven miles.

Thus was this litigious and long-disputed difference, which had subsisted between Yarmouth and Lowestoft for a great many years, and had been prosecuted with the utmost vehemence, at length happily concluded. Nevertheless it afterwards appeared, that during these dissensions the seeds of animosity had been so profusely scattered and became so deeply rooted in the breasts of the contending parties, that it was impossible to eradicate them even by the most lenient and conciliating measures; and, consequently, the apparent reconciliation proved, in reality, little better than a truce, in order that the parties might be enabled to renew their differences with greater vigour.

In the year 1659 we find, that the former disputes between Yarmouth and Lowestoft respecting Kirkley road and the admeasurement of the seven miles, the boundary of the liberties of Yarmouth, were again revived. During the further prosecution of this affair, the burgesses of Yarmouth traversed the same ground as they had done before; and insisted that Kirkley road, which was united to their haven by the statute of the 46th of Edward III. was opposite to the town of Kirkley, and consequently to the south of Lowestoft; and that the seven miles which circumscribed their liberties were not to be measured from the Crane quay, but from the haven’s mouth; and the better to obviate every objection that might be alleged against them, and that their new pretensions might carry the greater appearance of justice, they had provided, that in the recital of the statute of the 46th of Edward III, in the renewal of their charter in the reign of James I. to have the situation of Kirkley road described as opposite to the town of Kirkley, notwithstanding it is represented in the original statute as being contiguous to the haven’s mouth; and having thus removed the greatest obstacle to a successful renewal of their pretensions, they only waited for a favourable opportunity of carrying their designs into execution. In the year 1659, this desirable and much-wished-for opportunity presented itself. A time when the inhabitants of Lowestoft were overwhelmed with the greatest misfortunes; when their unshaken loyalty, during the late rebellion, had exposed them to all the distresses which soldiers living in free quarters could involve them in; when their principal inhabitants (whom they wanted to defend their rights) were employed as commanders of the royal navy, and their sailors were absent in manning the fleet; when they were reduced to the greatest poverty and distress by a terrible fire, which consumed in the town, houses and merchandise to the amount of £10,000; whilst they were thus struggling under the accumulated miseries of war, fire, and oppression, and sinking under the insupportable burden of those grievous calamities, then it was that the Yarmouth men, imagining that the happy period had arrived when they might renew their pretensions without opposition, and pursue them with success, contrary to all legal authority, renewed their unjust and unreasonable claims, and attacked the almost-ruined and defenceless town of Lowestoft with an armed vessel, which was termed a man-of-war.

In this unhappy situation, when almost every avenue to redress was shut against them, and nothing but the ghastly spectres of poverty and ruin were continually presenting themselves to their alarmed imaginations, no other remedy was left but to implore the assistance of the legislative powers of their country, and to lay before them a true representation of their unfortunate state, which was done in the following complaint, shortly after presented to the lords of the privy council.

A COMPLAINT OF THE TOWN OF LOWESTOFT IN THE COUNTY OF SUFFOLK, TO THE LORDS OF THE PRIVY COUNCIL.