Part 19

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.