The first complaint against the Yarmouth men was that made to the lords of the privy council, in the year 1595, by the bailiffs and other inhabitants belonging to the several towns of Ipswich, Colchester, Dunwich, Orford, Aldborough, Southwold, and Manningtree, in behalf of the ketchmen, who resorted to Kirkley road and parts adjacent to buy herrings; signifying the many hardships and inconveniences which they laboured under from being deprived by the burgesses of Yarmouth of the ancient privilege they enjoyed, and the great injury they were liable to, in consequence thereof.
The ketchmen were those vessels which frequented these coasts in the fishing season for the purpose of buying and selling herrings, which they transacted in the open sea; but now Yarmouth men were for compelling them to resort to Kirkley road, in order that they might receive the customs, grounding their claim upon a grant of Queen Elizabeth.
TheCOMPLAINTof theKETCHMENagainstYARMOUTH.Whereas there is a certain grant passed from her majesty to the township of Great Yarmouth, in the county of Norfolk, as we are credibly informed, and as the township of Yarmouth aforesaid have given out speech and reported, That no fishermen, after the feast of St. Michael, by the space of forty days, should utter or sell any herrings within the compass or limit of seven miles of the said town, to any person or persons; but that the said fishermen should be constrained and urged to utter and sell all such herrings as should be by them taken within the time before limited at the town of Yarmouth aforesaid, and there to take and abide their market and utterance of the same herrings, and not elsewhere. We, therefore, which hereunder have subscribed, having had due consideration of the premises, and seeing and proving not only the great damage and inconvenience that the same will bring to the whole commonwealth of this realm, but also the utter ruin and destruction that will fall upon a number of poor ketchmen which be in trade with the said fishermen, whereby the said ketchmen, their wives and families, as also a great number of others who are thereby supported, sustained, and upholden, do think the said grant tobe very unprofitable and inconvenient. The reasons that do move us thereto are these; that is to say, If the fishermen, after the taking of the said herrings, shall be constrained to repair, abide, and make their market and sales at Yarmouth aforesaid, they shall within that time lose the benefit of the taken twice so many herrings or more, as they shall utter and sell, and not the half part of the herrings taken that might be taken if they might abide and make their market at sea. And also, if the said ketchmen shall be dismayed from buying of herrings of the said fishermen, the most parts of the realm during that time shall be unserved and unprovided for, and the queen’s highnesses, poor distressed people and others would be unrelieved, which were a most pityful and lamentable thing. And finding also, as we are credibly informed, and some of us of our own knowledge do know, that the bailiffs of the said town of Yarmouth have taken seven men’s goods, which they have brought thither to be sold, and have committed the owners thereof to prison, and constrained them to buy their own goods again. (All which inconveniences, discommodities, and hard dealings being considered.) We doubt not but that their godly wisdoms to whom these presents shall be committed, will have due regard and consideration thereof, as well for the benefit and maintenance of the common wealth of this realm, as also for the maintenance and relief of the poor distressed therein. And thus thinking it our duties to certify our knowledge therein, we most humbly take our leaves, the seventh day of August, 1595.Signed atIpswich—EDWARD GOODYNGE, WILLIAM MYTUAL, Bailiffsand 46 inhabitants.Southwold—27 ditto.Manningtree—10 ditto.Dunwich—ROBERT SWOTCHETT, JOHN ALLEYN, bailiffs and 20ditto.Colchester—22 ditto.Aldborough—FRANCIS JOHNSON,JOHN JEAMES, bailiffs and 25 ditto.Orford—5 ditto.
TheCOMPLAINTof theKETCHMENagainstYARMOUTH.
Whereas there is a certain grant passed from her majesty to the township of Great Yarmouth, in the county of Norfolk, as we are credibly informed, and as the township of Yarmouth aforesaid have given out speech and reported, That no fishermen, after the feast of St. Michael, by the space of forty days, should utter or sell any herrings within the compass or limit of seven miles of the said town, to any person or persons; but that the said fishermen should be constrained and urged to utter and sell all such herrings as should be by them taken within the time before limited at the town of Yarmouth aforesaid, and there to take and abide their market and utterance of the same herrings, and not elsewhere. We, therefore, which hereunder have subscribed, having had due consideration of the premises, and seeing and proving not only the great damage and inconvenience that the same will bring to the whole commonwealth of this realm, but also the utter ruin and destruction that will fall upon a number of poor ketchmen which be in trade with the said fishermen, whereby the said ketchmen, their wives and families, as also a great number of others who are thereby supported, sustained, and upholden, do think the said grant tobe very unprofitable and inconvenient. The reasons that do move us thereto are these; that is to say, If the fishermen, after the taking of the said herrings, shall be constrained to repair, abide, and make their market and sales at Yarmouth aforesaid, they shall within that time lose the benefit of the taken twice so many herrings or more, as they shall utter and sell, and not the half part of the herrings taken that might be taken if they might abide and make their market at sea. And also, if the said ketchmen shall be dismayed from buying of herrings of the said fishermen, the most parts of the realm during that time shall be unserved and unprovided for, and the queen’s highnesses, poor distressed people and others would be unrelieved, which were a most pityful and lamentable thing. And finding also, as we are credibly informed, and some of us of our own knowledge do know, that the bailiffs of the said town of Yarmouth have taken seven men’s goods, which they have brought thither to be sold, and have committed the owners thereof to prison, and constrained them to buy their own goods again. (All which inconveniences, discommodities, and hard dealings being considered.) We doubt not but that their godly wisdoms to whom these presents shall be committed, will have due regard and consideration thereof, as well for the benefit and maintenance of the common wealth of this realm, as also for the maintenance and relief of the poor distressed therein. And thus thinking it our duties to certify our knowledge therein, we most humbly take our leaves, the seventh day of August, 1595.
Signed atIpswich—EDWARD GOODYNGE, WILLIAM MYTUAL, Bailiffsand 46 inhabitants.Southwold—27 ditto.Manningtree—10 ditto.Dunwich—ROBERT SWOTCHETT, JOHN ALLEYN, bailiffs and 20ditto.Colchester—22 ditto.Aldborough—FRANCIS JOHNSON,JOHN JEAMES, bailiffs and 25 ditto.Orford—5 ditto.
The only grant made to Yarmouth in the reign of Queen Elizabeth, was a charter, in the first year of her reign, which empowered them to hold a court of admiralty, to try all maritime causes whatsoever, piracy only excepted; and wherein the boundaries of their liberties were restrained within the limits of seven leuks of the town, haven, or Yarmouth roads, and not from the haven’s mouth, or Kirkley road; without adding any additional privilege tending to justify this encroachment on the liberties of the ketchmen.
Another complaint made also at the same time against the burgesses of Yarmouth was one from the town of Lowestoft; for the town of Yarmouth pretended that the seven leuks or miles which bounded their liberties was not to be measured from the key or port of Yarmouth but from the haven’s mouth; whereas the Lowestoft men affirmed that the said admeasurement ought to be made from the key or port of that town; otherwise the fishermen of Lowestoft would be excluded the indisputable privilege of buying herrings in the open road before their own town, which hitherto they had always enjoyed.
In consequence of these complaints, their lordships after hearing what each party had to alledge in its own defence; referred the further consideration thereof to three judges of the realm, viz., the right honourable Sir John Fortescue, knight, one of Her Majesty’s privy council; Mr. Justice Clench, and Mr. Justice Gawdye, in order that they might certify to their lordships in what manner the dispute between the said towns might be fairly and equitably adjusted to the reasonable satisfaction and advantages of both parties.
A LETTER ofReferencetoSir John Fortescue, Knight,Mr. Justice Clench, andMr. Justice Gawdie.After our hearty commendations.—The inhabitants of the town of Lowestoft, in the county of Suffolk, have exhibited a complaint unto us against the towne of Great Yarmouth, in the county of Norfolk, shewing, that by some unlawful courses held by the townsmen of Yarmouth, they are deprived of their antient trade of buying of herrings of fishermen in an open road before the town of Lowestoft; whereupon we have called before us of each town some two or three, with intention to make order in the controversie between them. And because the affair do consist of many points and proofs by charters, and by special statutes we have thought good to be assisted therein with the opinions of some learned in the laws, and therefore have thought good to join with you Mr. Chancellor of the Exchequer, you Mr. Justice Gawdie[74]—and you Mr. Justice Clench. And do hereby heartily pray and request you, at some convenient time this term, to call the parties before you, and effectually to appease the griefs of the plaintiff, and the answers to the other, and to hear and consider their allegations and proofs, to be delivered either by the parties themselves, or by their learned council thereupon; we pray you to certify unto us what you shall find, and with your opinions prove their differences may in equity be duly and orderly ended and compromised to the reasonable benefit of either; which we earnestly recommend unto you, and so bid you each heartily well to fare. From the Star-Chamber the second of July, 1595.Your very loving friends,L.Archbishop, L.Admiral,L.Keeper, L.Cobham,L.Treasurer, L.Buckhust,Mr.Vice Chamberlain.Con cordat cum origine,Thos. Wilkes.
A LETTER ofReferencetoSir John Fortescue, Knight,Mr. Justice Clench, andMr. Justice Gawdie.
After our hearty commendations.—The inhabitants of the town of Lowestoft, in the county of Suffolk, have exhibited a complaint unto us against the towne of Great Yarmouth, in the county of Norfolk, shewing, that by some unlawful courses held by the townsmen of Yarmouth, they are deprived of their antient trade of buying of herrings of fishermen in an open road before the town of Lowestoft; whereupon we have called before us of each town some two or three, with intention to make order in the controversie between them. And because the affair do consist of many points and proofs by charters, and by special statutes we have thought good to be assisted therein with the opinions of some learned in the laws, and therefore have thought good to join with you Mr. Chancellor of the Exchequer, you Mr. Justice Gawdie[74]—and you Mr. Justice Clench. And do hereby heartily pray and request you, at some convenient time this term, to call the parties before you, and effectually to appease the griefs of the plaintiff, and the answers to the other, and to hear and consider their allegations and proofs, to be delivered either by the parties themselves, or by their learned council thereupon; we pray you to certify unto us what you shall find, and with your opinions prove their differences may in equity be duly and orderly ended and compromised to the reasonable benefit of either; which we earnestly recommend unto you, and so bid you each heartily well to fare. From the Star-Chamber the second of July, 1595.
Your very loving friends,
L.Archbishop, L.Admiral,L.Keeper, L.Cobham,L.Treasurer, L.Buckhust,Mr.Vice Chamberlain.
Con cordat cum origine,
Thos. Wilkes.
Accordingly, soon after it was certified to their lordships by the judges, that after due consideration of the premises, and hearing the several allegations advanced by both the said towns, and their learned council, they were of opinion, that by a statute of 31st of Edward III, no persons were legally authorised to hang herrings within seven miles of the haven of Yarmouth, viz., South Town; East Town; and West Town, unless the said herrings were of their own catching.
A CERTIFICATEfrom Sir John Fortescue,Justice Clench,and Justice Gawdie,concerning theCONTROVERSYbetwixt the Town ofYARMOUTHand the Town ofLOWESTOFT.Whereas your lordships did direct unto us your letter dated the second of July last past, to examine and understand the griefs and controversies between the inhabitants of the town of Great Yarmouth, in the county of Norfolk, touching the trade of buying herrings: and to certify unto you our opinions how their differences might in equity be duly and orderly ended and compounded; we have accordingly called before us divers of the inhabitants of either of the said towns, and heard their allegations alleged by themselves, and their council learned on both sides. And it doth appear into us, that this condition between the said towns hath depended of very long time; and divers statutes hath been made in this case by parliament for the town of Yarmouth, and repealed again for the town of Lowestoft. And divers ordinances and inquisitions have been made by the king’s commission, directed to men of great authority, and afterwards revoked, and altered again by the same authority. But there was one statute made in the 31st year of Edward III, whereby, amongst other things, it is provided, that none shall hang herrings about the haven of Yarmouth by seven miles, but in the three towns of Yarmouth, except the said herrings be of their own fishing. And another Act, made in the 10th of Richard II. for revising of divers former repealed charters made to Yarmouth, in which, amongst other things, a certain place in the main sea, then by the mouth of the haven of the said town of Yarmouth, called Kirkley road, was united to the said town of Yarmouth, and by which it is provided, that none shall buy or sell herrings by way of merchandize in time of their fair, within seven miles of the said town, but only in the said haven and road. Which said two statutes we do think by the law stand still in force at this day, not repealed, nor avoided touching these points. But for unity to be made between the said towns, and for the good and common wealth of her majesty’s subjects in the counties of Norfolk, Suffolk, Essex, and the city of London, We do think in our opinions, it were good and convenient (if it may so seem good to your lordships), that orders might be given to have the said seven miles measured, to begin at some such place in Yarmouth town as yourlordships shall think meet; which we think, for our parts, to be the key, where the fair of herrings is kept, and so to go towards Lowestoft; and where the said seven miles do end, to set up some apparent thing to make it known. And this being done we think it would make some quietness, because there is great contention now in this point. Also we do think it fit, that all pikers and ketches, being English, might buy upon the main sea, or coasts thereof, and also in Kirkley road, of the fishermen, fresh herrings at their pleasure, to be by them carried to what place of the realm they think good, without any let or disturbance of Yarmouth men, according to the true meaning of the statute of the 31st of Edward III, which we think would be very profitable for the fishermen, and very beneficial for her majesty’s subjects. Also we think it would make great quietness in this contention, if, by some commission or other, (as it shall seem to your honourable lordships), it might be certainly set down where Kirkley road is, and how far it doth extend. November 28th, 1595.
A CERTIFICATEfrom Sir John Fortescue,Justice Clench,and Justice Gawdie,concerning theCONTROVERSYbetwixt the Town ofYARMOUTHand the Town ofLOWESTOFT.
Whereas your lordships did direct unto us your letter dated the second of July last past, to examine and understand the griefs and controversies between the inhabitants of the town of Great Yarmouth, in the county of Norfolk, touching the trade of buying herrings: and to certify unto you our opinions how their differences might in equity be duly and orderly ended and compounded; we have accordingly called before us divers of the inhabitants of either of the said towns, and heard their allegations alleged by themselves, and their council learned on both sides. And it doth appear into us, that this condition between the said towns hath depended of very long time; and divers statutes hath been made in this case by parliament for the town of Yarmouth, and repealed again for the town of Lowestoft. And divers ordinances and inquisitions have been made by the king’s commission, directed to men of great authority, and afterwards revoked, and altered again by the same authority. But there was one statute made in the 31st year of Edward III, whereby, amongst other things, it is provided, that none shall hang herrings about the haven of Yarmouth by seven miles, but in the three towns of Yarmouth, except the said herrings be of their own fishing. And another Act, made in the 10th of Richard II. for revising of divers former repealed charters made to Yarmouth, in which, amongst other things, a certain place in the main sea, then by the mouth of the haven of the said town of Yarmouth, called Kirkley road, was united to the said town of Yarmouth, and by which it is provided, that none shall buy or sell herrings by way of merchandize in time of their fair, within seven miles of the said town, but only in the said haven and road. Which said two statutes we do think by the law stand still in force at this day, not repealed, nor avoided touching these points. But for unity to be made between the said towns, and for the good and common wealth of her majesty’s subjects in the counties of Norfolk, Suffolk, Essex, and the city of London, We do think in our opinions, it were good and convenient (if it may so seem good to your lordships), that orders might be given to have the said seven miles measured, to begin at some such place in Yarmouth town as yourlordships shall think meet; which we think, for our parts, to be the key, where the fair of herrings is kept, and so to go towards Lowestoft; and where the said seven miles do end, to set up some apparent thing to make it known. And this being done we think it would make some quietness, because there is great contention now in this point. Also we do think it fit, that all pikers and ketches, being English, might buy upon the main sea, or coasts thereof, and also in Kirkley road, of the fishermen, fresh herrings at their pleasure, to be by them carried to what place of the realm they think good, without any let or disturbance of Yarmouth men, according to the true meaning of the statute of the 31st of Edward III, which we think would be very profitable for the fishermen, and very beneficial for her majesty’s subjects. Also we think it would make great quietness in this contention, if, by some commission or other, (as it shall seem to your honourable lordships), it might be certainly set down where Kirkley road is, and how far it doth extend. November 28th, 1595.
Concordat cum Registro Exor.JOHN WOLLEY,Keeper of the Records of the Councell Chamber.
TheOPINIONof theLOWESTOFT COUNSELtouching theCONTROVERSYbetweenYARMOUTHand the saidTOWN.A brief being made upon the allegations of the Yarmouth men, and delivered to the judges in writing (which such allegations, in truth, were not under the hands of their councel, though they proceeded from their councel), shewing that the judges should have delivered a certificate of their opinions to the Council-Table before the Yarmouth men were gone out of London, although the judges had not sufficient time for that purpose, the Yarmouth men not presenting their allegations till the last day of term, and then deferred it till the judges were going to supper; therefore the Lowestoft men have retained Mr. Sergeant Drewe and Mr. Bargrave, her majesty’s attorney, together with Mr. Councellor Bacon, to consider the whole state of the matter, and that their opinion might be shewed as occasion should require, they have subscribed to the same, as followeth: “That by the statutes and charters aforesaid, any man may sell and buy herrings in the road called Kirkley road, or elsewhere, without the lawful let or hindrance of the town of Yarmouth; and if any proclamation be made by the said men of Yarmouth, or any other of the subjects of this realm, to the contrary, the same, in our opinion, is unlawful, whether it be within or without the time of the fair.”
TheOPINIONof theLOWESTOFT COUNSELtouching theCONTROVERSYbetweenYARMOUTHand the saidTOWN.
A brief being made upon the allegations of the Yarmouth men, and delivered to the judges in writing (which such allegations, in truth, were not under the hands of their councel, though they proceeded from their councel), shewing that the judges should have delivered a certificate of their opinions to the Council-Table before the Yarmouth men were gone out of London, although the judges had not sufficient time for that purpose, the Yarmouth men not presenting their allegations till the last day of term, and then deferred it till the judges were going to supper; therefore the Lowestoft men have retained Mr. Sergeant Drewe and Mr. Bargrave, her majesty’s attorney, together with Mr. Councellor Bacon, to consider the whole state of the matter, and that their opinion might be shewed as occasion should require, they have subscribed to the same, as followeth: “That by the statutes and charters aforesaid, any man may sell and buy herrings in the road called Kirkley road, or elsewhere, without the lawful let or hindrance of the town of Yarmouth; and if any proclamation be made by the said men of Yarmouth, or any other of the subjects of this realm, to the contrary, the same, in our opinion, is unlawful, whether it be within or without the time of the fair.”
Char Drew,Ja. Bargrave,Fr. Bacon.
In order to form the better judgment of this intricate and much disputed affair, it may be necessary to observe, that by the statute of the 9th of Edward III it was enacted, “That every subject of the realm might buy and sell herrings without disturbance in city, burgh, sea-port, or elsewhere throughout the kingdom; and if any charters and patents were granted to the contrary they should be holden null; which statute was confirmed in a subsequent parliament.” Probably from some abuse of this privilege, it might become necessary afterwards to lay it under some restrictions, in view of preventing those infringements which interested persons, from lucrative motives, had made on the rights and privilege of others; and therefore to redress this grievance, the following statute of the 31st of Edward III was granted, on which the Yarmouth men grounded part of their claim, and is the statute referred to in the certificate of the judges.
STATUTEof the31st ofEDWARD III.Edward, by the grace of God, king of England and France, and lord of Ireland—To our bailiffs of the cinque ports, and the burgesses of our town of Yarmouth, keepers of the said town, greeting, etc.A certain concord by us and our council, made within the time of the present fair of the said town, we will have kept, etc.That none shall go by boat nor bridge into the sea, nor unto the road of Kirkley, for to meet the fishers, to compel them, or to capture them to sell them herrings in the road of Kirkley, to the disturbance of the said fair, upon the same pain, etc.But if the said fishers be disposed and willing to sell their herrings in the said road after that they be anchored there, it shall be lawful to the merchants of Lowestoft and Winterton, to buy any herrings in Kirkley road and Winterton, of ships so anchored there, as freely as the pycards do load their carts and horses there, which come thither from divers counties, and to hang there, provided that they sell no herrings therefore towards the sea, upon pain aforesaid, etc.And in case that any fishers ships charged with one last and a half of herrings, or less, come into the road of St. Nicholas, and will not come into the haven for the charge thereof, and will sell the same herrings in the road that it shall be lawful for him to set up his sign, and sell the said herrings there to the merchants that will buy them.
STATUTEof the31st ofEDWARD III.
Edward, by the grace of God, king of England and France, and lord of Ireland—To our bailiffs of the cinque ports, and the burgesses of our town of Yarmouth, keepers of the said town, greeting, etc.
A certain concord by us and our council, made within the time of the present fair of the said town, we will have kept, etc.
That none shall go by boat nor bridge into the sea, nor unto the road of Kirkley, for to meet the fishers, to compel them, or to capture them to sell them herrings in the road of Kirkley, to the disturbance of the said fair, upon the same pain, etc.
But if the said fishers be disposed and willing to sell their herrings in the said road after that they be anchored there, it shall be lawful to the merchants of Lowestoft and Winterton, to buy any herrings in Kirkley road and Winterton, of ships so anchored there, as freely as the pycards do load their carts and horses there, which come thither from divers counties, and to hang there, provided that they sell no herrings therefore towards the sea, upon pain aforesaid, etc.
And in case that any fishers ships charged with one last and a half of herrings, or less, come into the road of St. Nicholas, and will not come into the haven for the charge thereof, and will sell the same herrings in the road that it shall be lawful for him to set up his sign, and sell the said herrings there to the merchants that will buy them.
When the judges delivered their opinions, that by this statute none should hang herrings about the haven of Yarmouth, by seven miles, etc., they meant that port of the haven near the key where the fair was kept, and not the mouth of the haven. The Yarmouth men on the contrary, insisted that the words in this statute, “and to hang there,” implied, not to hang anywhere else but near the said haven, thereby endeavouring to exclude the town of Lowestoft from the privilege of curing herrings. But the opinion delivered by the judges being found just and reasonable it was confirmed by an order of council as will be afterwards more clearly shewn. Nevertheless, it may be observed that the disputes which these statutes principally refer to, and are alluded to by the judges are those which relate to the extent of the liberties of Yarmouth. For the charter which united Kirkley road to Yarmouth haven was not granted until the 46th of Edward III. which was fifteen years after the passing of the preceding statutes.
And by an Act passed in the tenth year of the reign of Richard II (which confirmed the Act of the 46th of Edward III) it was enacted, that a certain place in the main sea, called Kirkley Road, should be united with the said town of Yarmouth; and by which Act it was provided, that none should buy or sell herrings, by way of merchandise, in time of their fair, within seven miles of the said town, but only in the said haven or road. Which two statutes they thought were still in force, and unrepealed; but yet for the sake of restoring peace and harmony between the said town, and promoting the common benefit of the kingdom in general, they recommended it to their lordships, that the said seven miles which circumscribed the liberties of Yarmouth, should be measured from the key of the said town where the herring fair is always held, towards Lowestoft; and at the termination thereof some apparent mark should be placed, in order to ascertain the exact boundaries of their liberties, and to prevent any farther disputes. And also, that they were of opinion, that by virtue of the statutes of the 31st of Edward III all English vessels were entitled to the privilege of buying fresh herrings in the middle of the sea, or coasts thereof, and also in Kirkley road, without any let or hinderance from the men of Yarmouth. And lastly, that they thought it very advisable, that a commission might be appointed to consider the premises, and to ascertain with precision the true situation of Kirkley road, in order to adjust the present differences, and to prevent any future contentions between the said towns.
This opinion of the judges was no sooner delivered, than it was opposed by the burgesses of Yarmouth with the utmost vehemence, and every method was made use of to conceal its reasonableness, and to divert its consequences, the Yarmouth men still persisting that the seven miles which terminated the boundaries of their privileges, were to be measured upon the sea, and not to be contracted by the numerous windings that would necessarily attend an admeasurement taken upon land.
Upon the starting of these objections by the burgesses of Yarmouth, their lordships were pleased to issue orders for a re-hearing of the case, which was appointed to be held before Sir John Forteseue and the other judges; who after hearing and examining what the learned counsel employed by each party had to advance in support of the demands of their respective clients, and duly considering how far their several pretensions were just and reasonable, they certified to their lordships, that they were unable to discover any legal or equitable reason why they should depart from their former opinion.
A SECOND CERTIFICATEfrom Sir John Fortescue,Justice Clench,and Justice Gawdy,concerning theCONTROVERSYbetween the town ofYARMOUTHand the town ofLOWESTOFT.Whereas, upon the return of our first certificate, the men of Yarmouth opposed it, as discontented with some things therein specified: whereupon it pleased your lordships to re-commit to us the hearing of both parties; and having accordingly heard both they themselves and their learned council, at Serjeants Inn, in Chancery Lane, we do further certify, that we find no cause to alter the said certificate.Concordat cum ResistroexorJOHN WHOLLEY,Keeper of the Records of the Council Chamber, April 30th, 1596.
A SECOND CERTIFICATEfrom Sir John Fortescue,Justice Clench,and Justice Gawdy,concerning theCONTROVERSYbetween the town ofYARMOUTHand the town ofLOWESTOFT.
Whereas, upon the return of our first certificate, the men of Yarmouth opposed it, as discontented with some things therein specified: whereupon it pleased your lordships to re-commit to us the hearing of both parties; and having accordingly heard both they themselves and their learned council, at Serjeants Inn, in Chancery Lane, we do further certify, that we find no cause to alter the said certificate.
Concordat cum ResistroexorJOHN WHOLLEY,Keeper of the Records of the Council Chamber, April 30th, 1596.
In consequence of this second certificate of the judges, their lordships, on the 16th day of May, 1596, issued an order that an actual admeasurement of the said seven miles should be immediately carried into execution, and at the termination thereof towards Lowestoft, some apparent mark should be affixed, to point out the boundaries of the liberties of Yarmouth; and that the same admeasurement should commence at Yarmouth key, the place where the herring fair is usually held; and also further to ascertain the true situation of the place called Kirkley road; and accordingly a commission was granted to Sir Arthur Heneningham, Sir Henry Woodhouse, Knight, and Henry Gawdy, Esq.,[78]on the part of Yarmouth; and to Sir Robert Jermyn, Sir John Higham, Knight, and Anthony Wingfield, Esq., on the part of Lowestoft, or any five or four of them, to superintend the said admeasurement, to affix the said mark, and to point out the precise situation of Kirkley road, where it beginneth, and how far it extendeth.
At the Court at Greenwich, the 16th of May, 1596.Present,Lord Archbishop,Lord Chamberlain,Lord Buckhurst,Lord Keeper,Lord Cobham,Sir John Fortescue.This day John Felton and Thomas Dannett, burgesses of the town of Yarmouth, and William Wild and Thomas Ward, inhabitants of the town of Lowestoft, having been before the lords of the council, and presented to them the certificate sent down by Sir John Fortescue, Justice Clench, and Justice Gawdy, signed with their own hands, concerning the controversy before referred to them by their lordships, between the towns of Yarmouth and Lowestoft, concerning the trade of buying herrings. Their lordships having perused the said certificate, and deliberately considered of it, have approved of it in these two points: first, for the privilege of seven miles; and secondly, for a commission to be granted for finding of the right place of Kirkley road (leaving the other matter of the pikers and catchers, mentioned in the said certificate, by consent of both parties themselves). And because the question between them is concerning the measuring of seven miles where the same ought to begin (the one part saying that it should begin at the haven’s mouth, the other at the key, where and about which place, the fair is usually kept), their lordships do approve of the judgment and certificate of the said judges, that it ought to be taken from the said key, or place of their fair, in Yarmouth town; and have therefore ordered, that letters should be written and directed from their lordships unto Sir Arthur Heneningham, Knt., Sir Henry Woodhouse,Knt., and Henry Gawdy, Esq., for the town of Yarmouth; and for the town of Lowestoft Sir Robert Jermyn, Knt., Sir John Higham, Knt., and Anthony Wingfield, Esq., or any five or four of them, to undertake the measuring of the seven miles from the town of Yarmouth, according to the intention of the privilege claimed by the town of Yarmouth by their charter; and at the end of the said seven miles so measured, to affix and set down an apparent mark; and upon good examination and enquiry, to set down and define the place where Kirkley road is, which the charters of Yarmouth mentioneth; where it beginneth, and how far it extendeth.Ex. Sipe. THO. SMITH.
At the Court at Greenwich, the 16th of May, 1596.
Present,Lord Archbishop,Lord Chamberlain,Lord Buckhurst,Lord Keeper,Lord Cobham,Sir John Fortescue.
This day John Felton and Thomas Dannett, burgesses of the town of Yarmouth, and William Wild and Thomas Ward, inhabitants of the town of Lowestoft, having been before the lords of the council, and presented to them the certificate sent down by Sir John Fortescue, Justice Clench, and Justice Gawdy, signed with their own hands, concerning the controversy before referred to them by their lordships, between the towns of Yarmouth and Lowestoft, concerning the trade of buying herrings. Their lordships having perused the said certificate, and deliberately considered of it, have approved of it in these two points: first, for the privilege of seven miles; and secondly, for a commission to be granted for finding of the right place of Kirkley road (leaving the other matter of the pikers and catchers, mentioned in the said certificate, by consent of both parties themselves). And because the question between them is concerning the measuring of seven miles where the same ought to begin (the one part saying that it should begin at the haven’s mouth, the other at the key, where and about which place, the fair is usually kept), their lordships do approve of the judgment and certificate of the said judges, that it ought to be taken from the said key, or place of their fair, in Yarmouth town; and have therefore ordered, that letters should be written and directed from their lordships unto Sir Arthur Heneningham, Knt., Sir Henry Woodhouse,Knt., and Henry Gawdy, Esq., for the town of Yarmouth; and for the town of Lowestoft Sir Robert Jermyn, Knt., Sir John Higham, Knt., and Anthony Wingfield, Esq., or any five or four of them, to undertake the measuring of the seven miles from the town of Yarmouth, according to the intention of the privilege claimed by the town of Yarmouth by their charter; and at the end of the said seven miles so measured, to affix and set down an apparent mark; and upon good examination and enquiry, to set down and define the place where Kirkley road is, which the charters of Yarmouth mentioneth; where it beginneth, and how far it extendeth.
Ex. Sipe. THO. SMITH.
From the Court at Greenwich, the 16th day of May. 1596.Present,John Canterbury,Wm. Ceicell,Tho. Buckhurst.Tho. Egerton,Wm. Cobham,J. Fortescue.To our very loving friends, Sir Arthur Heneningham, Sir Henry Woodhouse, Sir Robert Jermyn, Sir John Higham, Knts., Henry Gawdy and Anthony Wingfield, Esqs., or to any five or four of them.After our hearty commendations.—Whereas, upon some controversy between the towns of Yarmouth and Lowestoft, concerning the trade of buying herrings, we have referred the consideration thereof to our very loving friends Sir John Fortescue, Knt., Justice Clench, and Justice Gawdy, who have accordingly returned certificates of their opinions of the matter, which herewith we send unto you; we have now, by the consent of both parties, made choice of you, as fit persons to execute the determination of the said certificates and do therefore pray and request you, or any five or four of you, with all convenient expedition to undertake the pains of measuring the seven miles from the town of Yarmouth sideway[79]according to the intention of the privilege claimed by the town of Yarmouth, by their charters; and at the end of the said seven miles so measured, to fix and set down apparent marks; and also upon good examination and inquiry to set down and define certainly where Kirkley road is which the charter of Yarmouth mentioneth; where it beginneth, and how far it doth extend. And of these two material points, and to certify your opinion and proceedings there upon such further orders shall be given therein as we shall think requisite. And so we bid you heartily farewell.From your loving friends, etc.
From the Court at Greenwich, the 16th day of May. 1596.
Present,John Canterbury,Wm. Ceicell,Tho. Buckhurst.Tho. Egerton,Wm. Cobham,J. Fortescue.
To our very loving friends, Sir Arthur Heneningham, Sir Henry Woodhouse, Sir Robert Jermyn, Sir John Higham, Knts., Henry Gawdy and Anthony Wingfield, Esqs., or to any five or four of them.
After our hearty commendations.—Whereas, upon some controversy between the towns of Yarmouth and Lowestoft, concerning the trade of buying herrings, we have referred the consideration thereof to our very loving friends Sir John Fortescue, Knt., Justice Clench, and Justice Gawdy, who have accordingly returned certificates of their opinions of the matter, which herewith we send unto you; we have now, by the consent of both parties, made choice of you, as fit persons to execute the determination of the said certificates and do therefore pray and request you, or any five or four of you, with all convenient expedition to undertake the pains of measuring the seven miles from the town of Yarmouth sideway[79]according to the intention of the privilege claimed by the town of Yarmouth, by their charters; and at the end of the said seven miles so measured, to fix and set down apparent marks; and also upon good examination and inquiry to set down and define certainly where Kirkley road is which the charter of Yarmouth mentioneth; where it beginneth, and how far it doth extend. And of these two material points, and to certify your opinion and proceedings there upon such further orders shall be given therein as we shall think requisite. And so we bid you heartily farewell.
From your loving friends, etc.
But the burgesses of Yarmouth being conscious that they were prosecuting a claim for which they had neither a legal nor equitable pretension; and being also apprehensive, that if the affair was carried before the said commissioners, and submitted to a strict and impartial investigation, it would terminate greatly to their disadvantage; therefore they resolved as there was but little prospect of being successful in the enquiry, they would exert every effort in their power to retard and embarrass it; and that the most effectual mode for accomplishing their designs would be to counteract the commission; and accordingly, in a subsequent application to the Privy Council for redress of grievances, they transmitted such a partial representation of the case, as to obtain from their Lordships an order for a new commission. In this second commission we find, that an alteration was made in the appointment of commissioners; for in the place of Anthony Wingfield, Esq., one of the commissioners nominated in the first commission on the part of Lowestoft, William Rowse, Esq., was appointed in this second commission, a person partially attached to the interest of Yarmouth. And whereas, by the first commission, any four or five of the commissioners had a power of deciding any point relative to the dispute; but by the second commission it was ordered, that they should be unanimous; and also it was further directed by the first commission, that the inquiry should determine the two principal points in dispute, viz., the admeasurement of the seven miles and the true situation of Kirkley road; whereas the burgesses of Yarmouth, by this second commission so ordered the business, that when the parties appeared before the commissioners, they confined the inquiry solely to the situation of Kirkley road, and withheld from them every information that related to the admeasurement of the seven miles; and also had given previous directions for Mr. Rowse to be absent from the meeting, which consequentlyrendered every resolution of the Commissioners void, as by the commission they were directed to be unanimous.
To Sir Arthur Heneningham and Sir Henry Woodhouse, Knts., and Henry Gawdy, Esq., and to Sir Robert Jermyn, and Sir John Higham, Knts., and William Rowse, Esq.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.
To Sir Arthur Heneningham and Sir Henry Woodhouse, Knts., and Henry Gawdy, Esq., and to Sir Robert Jermyn, and Sir John Higham, Knts., and William Rowse, Esq.
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.
TheCERTIFICATEof 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 thesame 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 HIGHAMANTH. WINGFIELD.
TheCERTIFICATEof 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 thesame 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 HIGHAMANTH. 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.
ToSir Robert Jermyn,Sir John Higham,Sir Arthur HeneninghamandSir Henry Woodhouse, Knts., andAnthony Wingfield, andHenry 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.
ToSir Robert Jermyn,Sir John Higham,Sir Arthur HeneninghamandSir Henry Woodhouse, Knts., andAnthony Wingfield, andHenry 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.
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 northwardsby 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.
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 northwardsby 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 sinkingunder 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 COMPLAINTof the town ofLOWESTOFTin the County of Suffolk,to the lords of the Privy Council.Whereas the Yarmouth men under pretence of a privilege granted them in their charter, that no fishers should deliver any herrings within seven miles of their town during the time of their free fair, which beginneth at Michaelmas, and continues till Martinmas, have, on one day of the year, come rowing in small boats into the roads before Lowestoft, and there have exacted anchorage, although eight or nine miles distant from Yarmouth; and if they refuse to pay it they violently take their goods, cruelly beat the fishermen and their assistants, confiscate their vessels and set grievous fines on them, on purpose to prevent their delivering any herrings at Lowestoft to the great damage of the poor fishers and injury of the said town; who, if compelled to deliver all their herrings at Yarmouth, must lose at least one third part of their time; and when they do proceed to Yarmouth, by an ordinance of that town, the first freeman that comes on board must be his host, and will set the price of the fisher’s herrings without their knowledge or consent, which commonly is 20s. to 50s. a last cheaper than they give to their own townsmen, which the fishers are ready to make appear by certificates, or other ways; whilst at this town they are free to sell to whom they please, and are furnished with such necessaries as they want; and if they like not this market, they are free to sell their fish to any other, and return to sea again at their own pleasures.
A COMPLAINTof the town ofLOWESTOFTin the County of Suffolk,to the lords of the Privy Council.
Whereas the Yarmouth men under pretence of a privilege granted them in their charter, that no fishers should deliver any herrings within seven miles of their town during the time of their free fair, which beginneth at Michaelmas, and continues till Martinmas, have, on one day of the year, come rowing in small boats into the roads before Lowestoft, and there have exacted anchorage, although eight or nine miles distant from Yarmouth; and if they refuse to pay it they violently take their goods, cruelly beat the fishermen and their assistants, confiscate their vessels and set grievous fines on them, on purpose to prevent their delivering any herrings at Lowestoft to the great damage of the poor fishers and injury of the said town; who, if compelled to deliver all their herrings at Yarmouth, must lose at least one third part of their time; and when they do proceed to Yarmouth, by an ordinance of that town, the first freeman that comes on board must be his host, and will set the price of the fisher’s herrings without their knowledge or consent, which commonly is 20s. to 50s. a last cheaper than they give to their own townsmen, which the fishers are ready to make appear by certificates, or other ways; whilst at this town they are free to sell to whom they please, and are furnished with such necessaries as they want; and if they like not this market, they are free to sell their fish to any other, and return to sea again at their own pleasures.