Part 20

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: