Part 21

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.”

SECTION V. OF THE CHURCH.

LOWESTOFT is a vicarage endowed with great tithes. In the reign of Henry I the impropriation of this parish was given by that king towards augmenting the endowment of the priory of St. Bartholomew, in London, and continued in the possession of that house till the dissolution of the monasteries, in the reign of Henry VIII; when the site of this priory being granted to Sir Richard Rich, afterwards Lord Rich, probably the impropriation of Lowestoft, as part of the endowment of the priory, devolved to Sir Richard and his family. How long it continued there, or into whose hands it came afterwards, is now uncertain; the most material information obtainable concerning it is, that about the year 1719 the impropriation was the property of three grand-daughters of one Mr. Church, at Pakefield, whose names were Fowler, Landifield, and Warwick; and was purchased of them soon after by the Rev. Tanner, vicar of the parish, at the price of £1050, which money was raised by Mr. Tanner by subscription. In gratitude to the memory of those who so generously contributed to the purchase of this impropriation, Mr. Tanner caused a list of their names to be entered upon two tables, and affixed to the north side of the chancel, together with the several sums they severally subscribed. Between these tables of impropriation benefactors is a neat marble tablet with the following inscription:

A.D. 1720.

Two Hundred Pounds of Queen Anne’s Bounty were given towards purchasing the Impropriation of Lowestoft, for the benefit of the Vicar.

Mr. Tanner, previous to the subscription for purchasing the impropriation, distributed among his friends, and the neighbouring gentlemen, a printed representation of the vicarial tithes and the state of the living; and wherein it appears that the income was very small.

THE REPRESENTATION.

The parish of Lowestoft, in Suffolk, is a large parish, consisting of about three or four and twenty hundred souls; and the living, which is a vicarage only, is but meanly endowed; there being no house, and but one acre of land belonging to it, and out of that piece of land the crown claims a pension of 3s. 4d. per year, and 8d. for an acquittance; the vicarage tithes are not worth above £20 per year, one year with another; and all the rest of the minister’s income depends on the offerings, surplice fees, and fisheries, which are very precarious and uncertain. And as the number of the poor increaseth greatly in the said parish (the poor’s rate, which about 35 years ago came only to £13 a quarter, cometh now to £63 per quarter, besides a great deal that is paid to the poor out of the town lands), so doth the number of the inhabitants in general increase too (several families coming to us almost every year from other places, and the number of our christenings exceed the number of our burials); so that the duty of the minister is plainly increasing, whilst his revenue must as certainly decrease as the poor increase. But under this melancholy prospect it hath pleased God to order things so that the great tithes of the said parish are to be sold, by a decree in Chancery, to the highest bidder; and to put it into the hearts of several, both in the parish and places adjoining, to contribute according to their abilities, towards purchasing the said tithes for the benefit of the vicar for the time being, for ever. But as all that can be raised hereabouts will go but a little way towards so large a purchase, we are forced to ask the assistance of charitable and well-disposed persons further off, hoping they will not be backward in promoting so good a work.

It is thought that these tithes will cost £1,800, which being a larger sum than can possibly be raised by benefactions; the method proposed is, to raise as much as we can by benefactions, and to borrow the rest of the money; and to have the tithes conveyed to divers persons, in trust for payment of the money borrowed; and when both principal and interest of that is paid off, then to be for the use and benefit of the minister for the time being, for ever. So that it is uncertain whether the present minister will ever have any benefit of it. And therefore he hopes that all whom he applies himself to on this account will believe that he acts more, in what he herein doth for the good of the church than out of any principle of self-interest.

It is apprehended that the acre of land referred to by Mr. Tanner, (on which formerly was built a messuage or tenement, since decayed) for which the vicar of the parish paid to the crown the annual sum of 3s. 4d, and 8d. for an acquittance, was given by some pious person, to support a light before the image of St. Roche. {119} Where this image was placed, whether in the church or in one of the chapels, is now uncertain; though most probably in the church; as this acre of land lies next the quarter of an acre at the south-west corner of the churchyard, on which the vicarage-house stood that was destroyed by fire in 1546. Probably at the dissolution, the premises came into the hands of Government, and as the vicar enjoyed them, he became subject to the above annual payment. A discharge of the above-mentioned payment was purchased of Government in 1788, by the Rev. John Arrow, late vicar of this parish, at the expense of £5 as appears by the following certificate:

BY THE COMMISSIONERS OF THE LAND REVENUE.

These are to certify, that the said commissioners have contracted and agreed with the Reverend John Arrow, vicar of Lowestoft, in the county of Suffolk, clerk, for the sale to him of all that yearly rent of three shillings and fourpence, due and payable to his Majesty by the said John Arrow, as vicar of Lowestoft aforesaid, for or in respect of a certain messuage or tenement and pightle of land, called St. Roch’s Light, situate and being at Lowestoft, with the appurtenances thereof, at or for the price or sum of five pounds of lawful money of Great Britain, to be paid by the said John Arrow into the Bank of England, in the name of the said Commissioners. Which said rent, from and immediately after the payment of the said sum, in manner aforesaid, and the inrollment of this certificate with the receipt of the said purchase-money, in the office of the auditor of the land-revenue for the county aforesaid, shall be adjudged, deemed, and taken to be absolutely vested in the said purchaser and his successors, vicar of Lowestoft, for ever by virtue of an Act passed in the twenty-sixth year of the reign of his present Majesty King George the Third, intitled, “An Act for appointing commissioners to inquire into the state and condition of the woods, forests, and land-revenues belonging to the crown, and to sell or nalieate fee-farm and improveable rents.”

Given under the hands of the said Commissioners, the twenty-ninth day of Feburary, one thousand seven hundred and eighty eight.

CHARLES MIDDLETON, JOHN CALL, JOHN FORDYCE.

Witness to the signing, by the said Commissioners,

WILLIAM HARRISON.

Received the 6th day of March, 1788, of and from the above-named, the Rev. John Arrow, the sum of five pounds, of lawful money of Great Britain, being the consideration-money expressed in the above certificate.

Witness my hand, for the governor and company of the Bank of England,

J. PADMAN, cashier.

Inrolled the 6th day of March, 1788, before me,

JOHN HOSIER, dep. aud.

Paid for the conveyance of the premises £0 11s. 8d.; Paid into the Bank of England, for purchase of ditto £5; Paid for inrolling ditto at the Auditor’s office, New Palace Yard, Westminister 10s. 0d.; Total £6 1s. 8d.

Mr. Tanner was greatly encouraged in this undertaking by Mr. Thomas Mighells, of Lowestoft, merchant {120a} and assisted by the Rev. Gregory Clarke, rector of Blundeston.

It appears that there was a suit in chancery respecting the impropriation of Lowestoft, and that it was obliged to be sold by order of a decree of that court. Mr. Tanner alludes to this suit in the following letter addressed to Mrs. Dorothy Mighells, Burlington Key, Yorkshire:

Madam, The suit which was begun in chancery two or three years ago, concerning the great tithes of this parish, is now brought so near to an end that ’tis thought they will be sold before harvest; so that we are now making all the interest we can to get them. And to that end Mr. Clarke and I are to ride about the country two or three days every week a-begging; and, God be thanked, we have made a pretty good beginning. As you were pleased to tell me more than once that you would give £5 towards it, I have presumed to put you down so much, for an example and encouragement to others; and also have sent you a copy of the paper which we have printed and sent to such as we cannot well get to.

I am, your most obliged Kinsman, J. TANNER. {120b}

Lowestoft, 21st May, 1719.

The undertaking of the Rev. Tanner proved so successful in the subscription, as to enable him to complete the purchase, and consequently endowed the vicarage of Lowestoft with the impropriation of the great tithes in the manner inserted under:

IMPROPRIATION OF LOWESTOFT.

The impropriation of the parish of Lowestoft, being to be sold in the year 1719, John Tanner, then vicar, being greatly encouraged by Mr. Thomas Mighells, of Lowestoft, merchant, and very much assisted by the Rev. Gregory Clarke, rector of Blundestone, solicited contributions from the tradesmen and gentlemen of the country, and obtained Queen Anne’s bounty towards it; and got conveyances thereof to him the said John Tanner, about Christmas, 1719; but several difficulties arising, it could not be finally settled till 1721; when the great tithes of all the lands lying on the north, or right-hand part of the highway leading from the Swan Lane to Mutford Bridge, were settled (in conjunction with the govenors of Queen Anne’s bounty, who have all the writings relating to this purchase) on the then vicar immediately, and his successors for ever, without any condition but that of paying thirty shillings per year towards repairing the chancel. And in November, 1721, the said John Tanner conveyed the other moiety, or the great tithes of all those lands lying upon the south, or left-hand part of the aforesaid highway, unto Mr. Thomas Mighells, Mr. Stephen Buxton, Mr. John Barker, jun., Mr. Robert Hayward, and Mr. John Durrant, of Lowestoft; to the Rev. Clarke, of Blundestone; Mr. Burton, of Gisleham; Mr. Richardson, of Pakefield; Mr. Camell, of Bradwell; and Mr. Woolmer, of Carleton; and their heirs for ever. That out of the profits of the same the sum of our hundred and forty pounds (which being wanted to complete the purchase, was kindly lent by the Rev. Dr. Thomas Tanner, a Chancellor of the Diocese of Norwich) might be repaid with interest; and after the said £440 was repaid, then to be for the benefit of the Vicar of Lowestoft for the time being for ever, in the following words:—

And from and after he the said Dr. Thomas Tanner, his executors, administrators, or assigns, shall be fully reimbursed and repaid the said sum of £440 of good and lawful money of this nation, and also all interest for the same, to become and grow due; and also all costs, charges and expenses which he or they shall be put unto for or by reason or means as aforesaid. That then the said Thomas Mighells, Stephen Buxton, John Barker, Robert Hayward, John Durrant, George Clarke, Joshua Buxton, Philip Richardson, Robert Camel and Robert Woolmer, and the survivors or survivor of them, and the heirs and assigns of the survivor of them, shall stand be seized of the said tithes of corn and grain, in that part of the said parish above particularly described, to the only use, benefit and behoof of the Vicar of Lowestoft aforesaid for the time being for ever. So as, and upon this express proviso and condition, nevertheless, That such Vicar for the time being, and all and every his successors, vicars of the said parish of Lowestoft, shall, for rightfully qualifying him or themselves to take and enjoy such tithes, or the rents and profits thereof, reside within the said parish of Lowestoft for the space of eight kalendar months, or five and thirty weeks in every year to be computed from Midsummer to Midsummer wherein he shall have or claim such tithes, or the rents and profits thereof. And by himself, or his sufficient curate or curates, read divine service and preach twice every Lord’s day, commonly called Sunday, and read prayers every Wednesday and Friday weekly, and also on every holy day; and publicly administer the holy sacrament of the Lord’s supper in the said parish church at Lowestoft, in every year at least six times, as now within the said parish is accustomed to be done. And so as such person or persons who shall, by virtue of these presents, become entitled to the said tithes of corn and grain in that part of the said parish of Lowestoft, herein before particularly mentioned or described, or the rents and profits thereof, shall from time to time, and at all times for ever hereafter, maintain, repair, and keep the whole chancel of the church of Lowestoft aforesaid in good and tenantable repair, being yearly and every year allowed towards the doing of the same, the sum of thirty shillings, by or from such person or persons as shall rightfully have claim, receive or take the tithes of corn and grain growing or arising, or to be received in that part of the said parish as lyeth on the north or right-hand side of the said score, lane, way or road, before herein particularly described and distinguished from the other part on the southern part thereof. Provided always, and upon this further condition, that if the said Vicar for the time being, or his successor or successors, vicar or vicars of the said parish of Lowestoft shall, after the first Midsummer after the institution and induction of such vicar or vicars, unto and into the said parish church, be absent from the said parish by the space of four kalender months, or seventeen weeks in any year, to be computed from Midsummer to Midsummer; or shall neglect to perform, or cause the said duties to be performed, in any manner that shall be judged wilful negligence, and not casual, undersigned, or allowable omitance, by the chancellor of the diocese of Norwich, or any other person or persons deputed by him (whose sentence shall be final.) Then for every year the vicar is negligent or absent as aforesaid (after the said sums repaid and re-imbursed unto the said Dr. Tanner, his executors, administrators or assigns), it shall and may be lawful for the churchwardens of the said parish of Lowestoft, and the schoolmaster of the free school of the foundation of Mr. Annott in Lowestoft to take, collect, and receive the said tithes of corn and grain in that part of the said parish of Lowestoft herein particularly mentioned and described, for the use and benefit of the schoolmaster of the said free school; upon this condition nevertheless, that the said schoolmaster shall for every year’s profit that shall by this means fall to him, teach six such poor children as shall be sent unto him by the churchwardens of Lowestoft aforesaid for the time being for the space of three years. And whereas it may so happen, that he that is schoolmaster of the said free school, when the vicar is thus absent, may be removed within three years afterwards: it is hereby directed and appointed, that the monies arising by and from the said tithes shall be laid up in the hands of the churchwardens, or one of them, or such other person or persons as the said schoolmaster shall appoint and approve of, who shall give sufficient security to the satisfaction of the said schoolmaster, to pay the sixth part of it every half-year to the schoolmaster of the said free school for the time being, for teaching such six poor children as shall be sent thither as aforesaid; exclusive of such part or parts thereof as shall be for the repair of the said chancel, having such allowance as aforesaid. And so shall every year that the vicar is absent or negligent, as aforesaid. And when the vicar is resident, and performs, or causes the duties aforesaid to be performed, within the said parish, by the space of eight kalendar months, as aforesaid, then the same is to be for the use of the vicar only, anything herein before mentioned to the contrary thereof, in any wise notwithstanding.

In witness whereof, etc.