OBSERVATIONSon theADMEASUREMENTof theSEVEN MILESand the place calledKIRKLEY ROAD.
The Yarmouth men alleged that Lowestoft south road was within the compass of seven miles from the town and herring fair of Yarmouth, although upon an admeasurement it was found, that only Corton road and part of Lowestoft north road were within the limits of the said seven miles and that the greatest part of even Lowestoft north road is beyond the said seven miles, the boundary of the liberties of Yarmouth, yearly proclaimed. Yet, notwithstanding, the Yarmouth men have made a practice of coming one day in the year, in the time of their fair, only into Corton and Lowestoft north road, but also into Lowestoft south road and have there unjustly extorted anchorage under the colour of a grant of Kirkley road being united unto their town and haven, and was situated off the town of Kirkley, which place so granted was found (before the granting), by two inquisitions of record, to be at the mouth of the haven of Yarmouth, and nothing distant; which inquisitions agreed with no other place but that now called Yarmouth road; and there they have enjoyed all those things mentioned in the said inquisitions, and grant of the 10th of Richard II. until the first of Queen Elizabeth, and then they obtained a new grant of Yarmouth road which until that time they held by the name of Kirkley road, and by no other name or grant; and though they have come wrongfully into the roads of Lowestoft one day in the year, exacting anchorage, they leave all other profits, jurisdictions, and government, all other parts of the year, unto the Vice-Admiral of Suffolk; for admiralty causes, and concerning wreck of the sea, things found in the roads, flotsom and jotsom, and all other casualties in the said roads and shores of the same, all that they leave to the lord of the manor of Lothingland, Lowestoft, and Mutford all along the shores as far as Kessingland, which is three miles southward ofLowestoft; but they never had any part of the same in use or possession but as before mentioned. It appears by copies of letters patent in the 9th of Richard II. and by an edict of the extent of the manor of Lowestoft, taken the 10th of Richard II. and returned into the Exchequer in the term of St. Michael, that the lords of the manor of Lowestoft have had and enjoyed from time to time in the roads before Lowestoft, and all shores of the same; and also had, and still have, all petty customs of all goods there landed, (which was much in those days), and all casualties happening in the said roads, and upon the shores thereof; and the trade of merchandising herrings and other merchandise have continued ever since; as the great number of herring houses, warehouses, and other buildings do now remain, as monuments, to prove the use of the said trades at Lowestoft. And likewise there have been of antient time, and still continue, officers for the collecting such customs as should be due to the lord, etc., and a deputy searcher for the king’s customs; and although the aforesaid trade of merchandising, loading, and unloading of ships and boats continued there, and never any of the customs claimed by the town of Yarmouth were either taken or demanded for such loading or unloading; and although the statute of the 31st of Edward III. concerning the prohibition of discharging any more herrings in the road of Kirkley, but for the charge of the pickers, was never in use etc., yet, under the pretence of the grant (46th Edward III.) of a place in the sea, then called Kirkley road, which no ways agreeth to be Lowestoft roads, they have of late used to come into the said roads before Lowestoft, which is above seven miles from the town of Yarmouth, and fair of herrings kept in the said town; and have compelled the fishers to sail to Yarmouth and sell their herrings, etc.; and likewise have exacted anchorage, tending greatly to the breach of the peace, and without any material profit to Yarmouth, and which tends only to the disturbing and diminishing of the trade of merchandising herrings at Lowestoft.But now the Yarmouth men, as if all their former injuries were not sufficient, have sent a vessel, a man-of-war ship as they term it, with a flag on the main-top-mast head, having 25 men aboard, armed with swords, half-pikes, muskets, and great store of stones, which sail into the roads of Corton, Lowestoft and Kirkley, to ride there at anchor, and to act as above by virtue of a commission under the hands of the bailiffs and three justices of the Peace, and the seal of the said town, so that the fishers may not deliver any herrings at all, which before they never practised.
The Yarmouth men alleged that Lowestoft south road was within the compass of seven miles from the town and herring fair of Yarmouth, although upon an admeasurement it was found, that only Corton road and part of Lowestoft north road were within the limits of the said seven miles and that the greatest part of even Lowestoft north road is beyond the said seven miles, the boundary of the liberties of Yarmouth, yearly proclaimed. Yet, notwithstanding, the Yarmouth men have made a practice of coming one day in the year, in the time of their fair, only into Corton and Lowestoft north road, but also into Lowestoft south road and have there unjustly extorted anchorage under the colour of a grant of Kirkley road being united unto their town and haven, and was situated off the town of Kirkley, which place so granted was found (before the granting), by two inquisitions of record, to be at the mouth of the haven of Yarmouth, and nothing distant; which inquisitions agreed with no other place but that now called Yarmouth road; and there they have enjoyed all those things mentioned in the said inquisitions, and grant of the 10th of Richard II. until the first of Queen Elizabeth, and then they obtained a new grant of Yarmouth road which until that time they held by the name of Kirkley road, and by no other name or grant; and though they have come wrongfully into the roads of Lowestoft one day in the year, exacting anchorage, they leave all other profits, jurisdictions, and government, all other parts of the year, unto the Vice-Admiral of Suffolk; for admiralty causes, and concerning wreck of the sea, things found in the roads, flotsom and jotsom, and all other casualties in the said roads and shores of the same, all that they leave to the lord of the manor of Lothingland, Lowestoft, and Mutford all along the shores as far as Kessingland, which is three miles southward ofLowestoft; but they never had any part of the same in use or possession but as before mentioned. It appears by copies of letters patent in the 9th of Richard II. and by an edict of the extent of the manor of Lowestoft, taken the 10th of Richard II. and returned into the Exchequer in the term of St. Michael, that the lords of the manor of Lowestoft have had and enjoyed from time to time in the roads before Lowestoft, and all shores of the same; and also had, and still have, all petty customs of all goods there landed, (which was much in those days), and all casualties happening in the said roads, and upon the shores thereof; and the trade of merchandising herrings and other merchandise have continued ever since; as the great number of herring houses, warehouses, and other buildings do now remain, as monuments, to prove the use of the said trades at Lowestoft. And likewise there have been of antient time, and still continue, officers for the collecting such customs as should be due to the lord, etc., and a deputy searcher for the king’s customs; and although the aforesaid trade of merchandising, loading, and unloading of ships and boats continued there, and never any of the customs claimed by the town of Yarmouth were either taken or demanded for such loading or unloading; and although the statute of the 31st of Edward III. concerning the prohibition of discharging any more herrings in the road of Kirkley, but for the charge of the pickers, was never in use etc., yet, under the pretence of the grant (46th Edward III.) of a place in the sea, then called Kirkley road, which no ways agreeth to be Lowestoft roads, they have of late used to come into the said roads before Lowestoft, which is above seven miles from the town of Yarmouth, and fair of herrings kept in the said town; and have compelled the fishers to sail to Yarmouth and sell their herrings, etc.; and likewise have exacted anchorage, tending greatly to the breach of the peace, and without any material profit to Yarmouth, and which tends only to the disturbing and diminishing of the trade of merchandising herrings at Lowestoft.
But now the Yarmouth men, as if all their former injuries were not sufficient, have sent a vessel, a man-of-war ship as they term it, with a flag on the main-top-mast head, having 25 men aboard, armed with swords, half-pikes, muskets, and great store of stones, which sail into the roads of Corton, Lowestoft and Kirkley, to ride there at anchor, and to act as above by virtue of a commission under the hands of the bailiffs and three justices of the Peace, and the seal of the said town, so that the fishers may not deliver any herrings at all, which before they never practised.
TheAFFIDAVIT or JAMES MUNDS,ofLOWESTOFT.James Munds, of Lowestoft, Suffolk, fisherman, aged sixty years and upwards, maketh oath, that he has used the trade of fishing forty-five years and upwards, last past, upon the coasts of Norfolk and Suffolk; and that the western fishermen and strangers have constantly, during the time of the free fair kept at Yarmouth, delivered herrings in the roads of Lowestoft aforesaid, to several merchants inhabiting in the said town, without any disturbance or molestation, till this last year the men of Yarmouth sent out a vessel, which they called a man-of-war, furnished with five and twenty men, and several weapons of war, which anchored in the roads of Lowestoft the chiefest part of the season, daily chasing the fishermen, so that none durst deliver any herrings, to their great damage, and, if not timely prevented, to their utter ruin and undoing.JAMES MUNDS.Prob. 30th die Januarii, A.D. 1660, Corum me in Cancell. Magistro,Thomas Escowtr.
TheAFFIDAVIT or JAMES MUNDS,ofLOWESTOFT.
James Munds, of Lowestoft, Suffolk, fisherman, aged sixty years and upwards, maketh oath, that he has used the trade of fishing forty-five years and upwards, last past, upon the coasts of Norfolk and Suffolk; and that the western fishermen and strangers have constantly, during the time of the free fair kept at Yarmouth, delivered herrings in the roads of Lowestoft aforesaid, to several merchants inhabiting in the said town, without any disturbance or molestation, till this last year the men of Yarmouth sent out a vessel, which they called a man-of-war, furnished with five and twenty men, and several weapons of war, which anchored in the roads of Lowestoft the chiefest part of the season, daily chasing the fishermen, so that none durst deliver any herrings, to their great damage, and, if not timely prevented, to their utter ruin and undoing.
JAMES MUNDS.
Prob. 30th die Januarii, A.D. 1660, Corum me in Cancell. Magistro,
Thomas Escowtr.
TheAFFIDAVITofROGER HOOPER,ofRAMSGATE.Roger Hooper, of Ramsgate, Kent, aged forty-six, or thereabouts, maketh oath that he hath used the trade of herring fishing four and thirty years, last past, upon the coasts of Norfolk and Suffolk; and that the western fishermen, his neighbours, and others, and also strangers, have constantly, during the time of the free fair kept at Yarmouth, delivered herrings in the road of Lowestoft aforesaid, to several merchants, inhabitants there, without any molestation, until this last year, when the Yarmouth men sent out a vessel, which they called a ‘man-of-war,’ to ride in the roads of Lowestoft the chiefest part of the season; which man-of-war threatened him, that if hedelivered any herrings at Lowestoft, they would seize him. So that none dare deliver any herrings, to their great damage, and, if not timely prevented, to the utter undoing of their voyage.ROGER HOOPER.Prob. Febru. 1660. Corum me in Cancell. Magistro.Byred.Having been grievous sufferers for our constant fidelity to his sacred Majesty; several times plundered, grievously burthened with taxes above the neighbouring towns, soldiers living at free quarters, great losses by sea, depopulated of our principal inhabitants by their being engaged in his majesty’s service, as Captains Allen, Utber, Canham and Whiting, besides a great number of our common seamen, and many who have lost their lives in contending with these oppressors, and also a most lamentable fire in this town, which consumed 140 houses, together with tackling and goods to the amount of ten thousand pounds and upwards, for which we never had any favour. And now having made large provisions for the fishery of all sorts, as also for the receiving, salting, and drying such herrings as they should bring in being able to hang in this town about 700 lasts, which time out of mind, have been the sole subsistance of this town, are now bespoiled at once, and like to perish, if speedy remedy be not obtained, being no ways able to wage war with them, for reasons above.We therefore humbly pray, etc.
TheAFFIDAVITofROGER HOOPER,ofRAMSGATE.
Roger Hooper, of Ramsgate, Kent, aged forty-six, or thereabouts, maketh oath that he hath used the trade of herring fishing four and thirty years, last past, upon the coasts of Norfolk and Suffolk; and that the western fishermen, his neighbours, and others, and also strangers, have constantly, during the time of the free fair kept at Yarmouth, delivered herrings in the road of Lowestoft aforesaid, to several merchants, inhabitants there, without any molestation, until this last year, when the Yarmouth men sent out a vessel, which they called a ‘man-of-war,’ to ride in the roads of Lowestoft the chiefest part of the season; which man-of-war threatened him, that if hedelivered any herrings at Lowestoft, they would seize him. So that none dare deliver any herrings, to their great damage, and, if not timely prevented, to the utter undoing of their voyage.
ROGER HOOPER.
Prob. Febru. 1660. Corum me in Cancell. Magistro.
Byred.
Having been grievous sufferers for our constant fidelity to his sacred Majesty; several times plundered, grievously burthened with taxes above the neighbouring towns, soldiers living at free quarters, great losses by sea, depopulated of our principal inhabitants by their being engaged in his majesty’s service, as Captains Allen, Utber, Canham and Whiting, besides a great number of our common seamen, and many who have lost their lives in contending with these oppressors, and also a most lamentable fire in this town, which consumed 140 houses, together with tackling and goods to the amount of ten thousand pounds and upwards, for which we never had any favour. And now having made large provisions for the fishery of all sorts, as also for the receiving, salting, and drying such herrings as they should bring in being able to hang in this town about 700 lasts, which time out of mind, have been the sole subsistance of this town, are now bespoiled at once, and like to perish, if speedy remedy be not obtained, being no ways able to wage war with them, for reasons above.
We therefore humbly pray, etc.
TheSECOND ORDERof the town ofGREAT YARMOUTHtoTHOMAS ALLENtoENTER CORTON ROAD, LOWESTOFT ROAD,andKIRKLEY ROAD,toPROTECTtheLIBERTIESof the said town ofGREAT YARMOUTH.Whereas Thomas Allen was late ordered by us, the bailiffs and justices of the burgh and town of Great Yarmouth, in the county of Norfolk, her under named, to go into Corton road, Lowestoft road, and Kirkley road, Suffolk, with a vessel and a convenient company, to take notice of such persons, strangers and others, as shall there deliver any herrings or other merchandise, during the time of the free fair here at Great Yarmouth, contrary to our liberties and charters; and to seize such vessels and merchandise, as forfeited to the king’s majesty, and to bring the same into the haven of this town. And we did also order the said Thomas Allen, with his company, to demand and take in the said several roads such duties as were or should be due to this town of Great Yarmouth for anchorage of ships and vessels in these roads, or for any other cause, which said orders by us so given unto the said Thomas Allen, were done by virtue of an act or ordinance of common councel of the said town of Great Yarmouth. And whereas the said Thomas Allen, by virtue of our said order unto him given, did go into the said road of Lowestoft, with a convenient vessel and competent number of men, to execute the orders by us given unto him; and was there opposed by the chief men of the said town of Lowestoft, who came upon the said Thomas Allen and his company in the road of that town, violently and riotously in boats, and with force of arms, etc., drave him and them out of that road, threatening them otherwise to fire their vessel; whereby the said Thomas Allen, with his vessel and company, was enforced to come away without doing anything. Now, therefore, we the said bailiffs and justices, do again order, authorise, and appoint the said Thomas Allen to go with a competent vessel and company of men, and with convenient weapons for their defence into the said roads of Corton, Lowestoft, and Kirkley, from time to time, during the time of the free fair here at Great Yarmouth, and there to do and execute all things, specified in our former order given unto him. In witness whereof we the said bailiffs and justices have hereunto set our hands and seals this fifth day of October, in the year of our Lord, one thousand, six hundred and sixty.NICHO. CUTTINGE, JAMES SYMONDS,(Bailiffs.)JOHN CARTER, GEORGE ENGLAND.JO. WODROFFE.
TheSECOND ORDERof the town ofGREAT YARMOUTHtoTHOMAS ALLENtoENTER CORTON ROAD, LOWESTOFT ROAD,andKIRKLEY ROAD,toPROTECTtheLIBERTIESof the said town ofGREAT YARMOUTH.
Whereas Thomas Allen was late ordered by us, the bailiffs and justices of the burgh and town of Great Yarmouth, in the county of Norfolk, her under named, to go into Corton road, Lowestoft road, and Kirkley road, Suffolk, with a vessel and a convenient company, to take notice of such persons, strangers and others, as shall there deliver any herrings or other merchandise, during the time of the free fair here at Great Yarmouth, contrary to our liberties and charters; and to seize such vessels and merchandise, as forfeited to the king’s majesty, and to bring the same into the haven of this town. And we did also order the said Thomas Allen, with his company, to demand and take in the said several roads such duties as were or should be due to this town of Great Yarmouth for anchorage of ships and vessels in these roads, or for any other cause, which said orders by us so given unto the said Thomas Allen, were done by virtue of an act or ordinance of common councel of the said town of Great Yarmouth. And whereas the said Thomas Allen, by virtue of our said order unto him given, did go into the said road of Lowestoft, with a convenient vessel and competent number of men, to execute the orders by us given unto him; and was there opposed by the chief men of the said town of Lowestoft, who came upon the said Thomas Allen and his company in the road of that town, violently and riotously in boats, and with force of arms, etc., drave him and them out of that road, threatening them otherwise to fire their vessel; whereby the said Thomas Allen, with his vessel and company, was enforced to come away without doing anything. Now, therefore, we the said bailiffs and justices, do again order, authorise, and appoint the said Thomas Allen to go with a competent vessel and company of men, and with convenient weapons for their defence into the said roads of Corton, Lowestoft, and Kirkley, from time to time, during the time of the free fair here at Great Yarmouth, and there to do and execute all things, specified in our former order given unto him. In witness whereof we the said bailiffs and justices have hereunto set our hands and seals this fifth day of October, in the year of our Lord, one thousand, six hundred and sixty.
NICHO. CUTTINGE, JAMES SYMONDS,(Bailiffs.)
JOHN CARTER, GEORGE ENGLAND.JO. WODROFFE.
The adjoining towns of Pakefield and Kirkley also lodged complaints before the Privy Council, against the Yarmouth men, similar to those from Lowestoft,so did likewise Hastings, Dover, Rye, and other towns of the western coast; and afterwards some private adventurers in those parts of England did not scruple, on this important occasion, to petition the throne to protect them from the despotic designs of the Yarmouth men.
TOthe right honourable theLORDSof hisMAJESTY’Smost honourablePRIVY COUNCIL.TheCERTIFICATEof the sea coast towns ofPAKEFIELDandKIRKLEY,in the county of Suffolk.Humbly certifying,That the said towns are joining upon the sea, and divided by one street, subsisting chiefly by the fishing trade. And that we never knew, or heard our forefathers speak of any roads lying against or near the said town, called by the name of Kirkley road, but Pakefield bay or hithe, and Lowestoft roads; nor was there ever any road near our said town so called, but by the men of Yarmouth, on purpose to engross the whole of the fishery; and monopolise the whole trade to themselves; whilst, in truth, our town of Kirkley is near three miles southwards of the pole set up to the northward of Lowestoft, always accounted the boundary of the seven miles granted to the town of Yarmouth, measured from their crane key, and to be the uttermost extent of their privileges. Nevertheless, in the year 1657, two or three days after Michaelmas, as Thomas Fowler the elder, and Thomas Fowler the younger, of our said towns, were, for delivering of herrings betwixt our town of Kirkley and Lowestoft, at their next going to Yarmouth, had before the bailiff, who set a fine upon each of them, of £40 a-piece, which they were commanded to pay, or else their boats and tackling would be confiscated. But after alleging their poor condition, they mitigated it to £30, and at last to £20 a man, which they were compelled to lay down upon the table; and large writings were produced for them to sign and seal, to indemnify the said bailiff, which if they would do, they would take but £5 a man; but one of the Fowlers desiring to understand the contents of the writings, and beginning to read, Mr. Bailiff England interrupted him, and said that if he would not seal it, he should pay the whole £20; so that they were obliged to seal they knew not what, and were dismissed by each of them paying £5. Such is the great bondage of the poor fishermen. In testimony of the truth, we the inhabitants of the said towns have hereunto subscribed our names this 14th day of January, 1660; and are ready to aver the same upon oath when we shall be thereunto required.Robert Bronsby,William Richman,William Gogoe,Thomas Colby,William Thurkittle,Thomas Fowler,Michael Fowler,William Woods,Thomas Ertis,John Colby,John Swatt,John Settavaye,Francis Durrand,William Ertis,William Rouse,Abell Houlsworte,Thomas Mason,John MasonHenry Cross,William Brown.
TOthe right honourable theLORDSof hisMAJESTY’Smost honourablePRIVY COUNCIL.
TheCERTIFICATEof the sea coast towns ofPAKEFIELDandKIRKLEY,in the county of Suffolk.
Humbly certifying,
That the said towns are joining upon the sea, and divided by one street, subsisting chiefly by the fishing trade. And that we never knew, or heard our forefathers speak of any roads lying against or near the said town, called by the name of Kirkley road, but Pakefield bay or hithe, and Lowestoft roads; nor was there ever any road near our said town so called, but by the men of Yarmouth, on purpose to engross the whole of the fishery; and monopolise the whole trade to themselves; whilst, in truth, our town of Kirkley is near three miles southwards of the pole set up to the northward of Lowestoft, always accounted the boundary of the seven miles granted to the town of Yarmouth, measured from their crane key, and to be the uttermost extent of their privileges. Nevertheless, in the year 1657, two or three days after Michaelmas, as Thomas Fowler the elder, and Thomas Fowler the younger, of our said towns, were, for delivering of herrings betwixt our town of Kirkley and Lowestoft, at their next going to Yarmouth, had before the bailiff, who set a fine upon each of them, of £40 a-piece, which they were commanded to pay, or else their boats and tackling would be confiscated. But after alleging their poor condition, they mitigated it to £30, and at last to £20 a man, which they were compelled to lay down upon the table; and large writings were produced for them to sign and seal, to indemnify the said bailiff, which if they would do, they would take but £5 a man; but one of the Fowlers desiring to understand the contents of the writings, and beginning to read, Mr. Bailiff England interrupted him, and said that if he would not seal it, he should pay the whole £20; so that they were obliged to seal they knew not what, and were dismissed by each of them paying £5. Such is the great bondage of the poor fishermen. In testimony of the truth, we the inhabitants of the said towns have hereunto subscribed our names this 14th day of January, 1660; and are ready to aver the same upon oath when we shall be thereunto required.
Robert Bronsby,William Richman,William Gogoe,Thomas Colby,William Thurkittle,Thomas Fowler,Michael Fowler,William Woods,Thomas Ertis,John Colby,John Swatt,John Settavaye,Francis Durrand,William Ertis,William Rouse,Abell Houlsworte,Thomas Mason,John MasonHenry Cross,William Brown.
To the right honourable theLORDSof hisMAJESTY’Smost honourablePRIVY COUNCIL.TheCERTIFICATEof theFISHERMENof the towns ofBRIGHTHELMSTONE, HASTINGS, RYE, DOVER, RAMSGATE,and the rest of theWESTERN FISHERY.Upon perusal of a petition presented unto the king’s most excellent majesty by the town of Lowestoft, in Suffolk, representing the injurious proceedings of the town of Yarmouth to them, and also the whole Western Fishery; and his majesty’s gracious reference thereupon unto the right honourable the Lords and others of his Majesty’s most honourable Privy Council for satisfaction and relief therein,We do humbly certify unto your Lordships,That the Western Fishery, has time out of mind, sold and delivered herrings in the roads of Lowestoft, until this last year, when the Yarmouth men sent forth a man-of-war (as they term her) not only to affrighten them and others from delivering herrings in the said roads, but also to prevent any that should offer to deliver herrings there. And in case they should presumeto deliver any, to seize upon them, and bring them into their haven, to be dealt with accordingly (as by the commission granted to the commander or captain of the said man-of-war may appear); which they have done, not only to the great loss of some particular men, imposing great fines upon them, which they were forced to pay, but also the great discouragement, (and if not in time prevented) the ruin of the whole Western fishery. For if we be forced to deliver our herrings only at Yarmouth, we shall lose at least one-third part of our time, the winds falling so as that sometimes we lye through three or four days before we can get to sea again. Besides, having that advantage, they will give only what they please, which will amount to the loss of near half our time and profit, and will be much to the disadvantage of his Majesty’s subjects in trading, both at home and abroad. Whereas at Lowestoft we have the privilege to make the best of our market, and can go to sea when we please, furnished with all necessaries as plentifully as we can at Yarmouth. The truth of all which we do attest under our hands, humbly praying relief therein.Signed at Bradstow, Foulstone, Hastings, Ramsgate, Hyde, Dover, Rye, Brighthelmstone, by 469 Western fishers, and others.
To the right honourable theLORDSof hisMAJESTY’Smost honourablePRIVY COUNCIL.
TheCERTIFICATEof theFISHERMENof the towns ofBRIGHTHELMSTONE, HASTINGS, RYE, DOVER, RAMSGATE,and the rest of theWESTERN FISHERY.
Upon perusal of a petition presented unto the king’s most excellent majesty by the town of Lowestoft, in Suffolk, representing the injurious proceedings of the town of Yarmouth to them, and also the whole Western Fishery; and his majesty’s gracious reference thereupon unto the right honourable the Lords and others of his Majesty’s most honourable Privy Council for satisfaction and relief therein,
We do humbly certify unto your Lordships,
That the Western Fishery, has time out of mind, sold and delivered herrings in the roads of Lowestoft, until this last year, when the Yarmouth men sent forth a man-of-war (as they term her) not only to affrighten them and others from delivering herrings in the said roads, but also to prevent any that should offer to deliver herrings there. And in case they should presumeto deliver any, to seize upon them, and bring them into their haven, to be dealt with accordingly (as by the commission granted to the commander or captain of the said man-of-war may appear); which they have done, not only to the great loss of some particular men, imposing great fines upon them, which they were forced to pay, but also the great discouragement, (and if not in time prevented) the ruin of the whole Western fishery. For if we be forced to deliver our herrings only at Yarmouth, we shall lose at least one-third part of our time, the winds falling so as that sometimes we lye through three or four days before we can get to sea again. Besides, having that advantage, they will give only what they please, which will amount to the loss of near half our time and profit, and will be much to the disadvantage of his Majesty’s subjects in trading, both at home and abroad. Whereas at Lowestoft we have the privilege to make the best of our market, and can go to sea when we please, furnished with all necessaries as plentifully as we can at Yarmouth. The truth of all which we do attest under our hands, humbly praying relief therein.
Signed at Bradstow, Foulstone, Hastings, Ramsgate, Hyde, Dover, Rye, Brighthelmstone, by 469 Western fishers, and others.
Lowestoft answereth, That the said statute of 31 Edward III. is repealed by the statute of 2 Richard II., cap. i.: which grants a free trade for all persons to buy and sell at any place within the realm, notwithstanding any statute, grant or usage to the contrary; and by 46, Edward III., which united Kirkley road to Yarmouth Haven.Yarmouth alleges, That the anchoring place opposite the town of Kirkley, and the road before the town of Lowestoft, is that Kirkley road mentioned in the grant of 46 Edward III., which united Kirkley road to Yarmouth haven.Lowestoft answers, That the town of Lowestoft is situated eight or nine miles to the south of Yarmouth; and that a mile further to the south is a village called Kirkley, joining to the head town called Pakefield; before which towns the anchoring places have always been called Pakefield bay or hithe, as by a certificate under the hands of the principal inhabitants of both those said towns doth appear.Yarmouth says, That the seven miles, which bound their liberties, begin at the haven’s mouth.Lowestoft answereth, That by the charter of 46 Edward III. the seven miles were confined to the town of Yarmouth.Yarmouth declareth, That Kirkley road lies at a considerable distance from the haven’s mouth.Lowestoft answereth, That the situation of it was contiguous to the mouth of the haven at the time when the haven discharged itself into the sea to the south of Corton, 46, Edward III., when the charter was granted for uniting Kirkley road to Yarmouth haven.Yarmouth affirms, That the power and authority derived to them by extending their liberties to the distance of seven miles, were not detrimental to the nation in general, nor to Lowestoft in particular.Lowestoft answereth, That it is prejudicial to both of them; and grounded their reasons on the two inquisitions held during 5 Richard II.Yarmouth denieth. That the statute 31 Edward III. was repealed by the general statute 2 Richard II., and also insists, that by the charter 46 Edward III, for uniting Kirkley road to Yarmouth haven, their liberties were to extend seven miles from the said haven.Lowestoft answereth, That the said charter 46 Edward III was repealed by an act 50 Edward III (though the judges declared that the statute 31 Edward III was not repealed) and that the statute 2 Richard II was prejudicial to the kingdom in general: and therefore a complaint was made thereof, in the parliament holden 4 Richard II, and an inquisition was taken by three judges of the realm, who surveyed the premises, and declared, that to extend the liberties of Yarmouth seven miles from the haven’s mouth, was against common right, and that the said statute 2 Richard II was hurtful to the commonwealth; and, consequently, by the statute 5 Richard III, the statute 2 Richard II was repealed.Yarmouth declareth, that by the statute 10 Richard II all their privileges were confirmed to them, and again by statute 1 queen Elizabeth.Lowestoft alloweth, that the liberties granted to Yarmouth, 46 Edward III were confirmed by statute 10 Richard II; but concerning the statute 1 Queen Elizabeth that did not relate to the herring fishery, except confining their liberties to seven miles from the town, but to the establishing a court of admiralty at Yarmouth; and, therefore, though the town of Yarmouth, under a pretence of being authorised by that grant, made considerable encroachments on the privileges of Lowestoft, and insisted that their privilege of seven miles was to be measured from the haven’s mouth, and not from the key of Yarmouth, thereby attempting to exclude the town of Lowestoft from the fishery; yet, on complaint thereof being made to her majesty’s privy council, who referred it to the judges, Sir John Fortescue, Justice Clench, and Justice Gawdy, they certified, that it was their opinion, that the seven miles should be measured from the crane key in Yarmouth, towards Lowestoft, and at the termination thereof a post, or some other mark should be erected to denote the same. Whereupon the Lords of the Council, on the 16th May, 1596, after referring the case again to the judges, laid it before the Parliament, who issued an order, in 1597, to Sir Arthur Heneningham, Sir Henry Woodhouse, and Henry Gawdy, Esq., on the part of Yarmouth, and to Sir Robert Jermyn, Sir John Higham, and Anthony Wingfield, Esq., on the part of Lowestoft, to undertake the admeasurement of the said seven miles; accordingly the said admeasurement was actually made, and a great post, denoting the boundary of the liberties of Yarmouth, was erected, which remained unto that day.Yarmouth insisteth, That a Charter of confirmation, granted to them in the reign of James I., Kirkley road is expressly described as opposite to the town of Kirkley; and that their jurisdiction shall extend from Winterton Ness in Norfolk, to Easton Ness in Suffolk, which is twenty-four miles, and includes the town of Lowestoft, which is only eight or nine miles from Yarmouth; and that by virtue of this jurisdiction, they justify their interruption of the herring fishery at Lowestoft, and all other trades within the extent of their said liberties.Lowestoft answereth, That such a charter as the Yarmouth men pretend to have obtained, would be a monopoly, and contrary to the common rights of the Kingdom in general. That such a charter, if it was really granted, was obtained privately; that no writs of ad quod dampnum were issued, so that it is evident that they had imposed upon his majesty. That it would be prejudicial to the commonwealth, and the utter ruin of the western fishery, as is testified by above 3000 fishermen, who have subscribed a petition which certifies the truth of this assertion, and prays for relief. That it relates chiefly to the jurisdiction belonging to their court of admiralty, as is evident by their coming with a boat into Lowestoft roads, and demanding sixpence for anchorage. And lastly, That the artifice of having Kirkley road represented in this charter as situated opposite to the town of Kirkley, merely with a design of furnishing themselves with a plausible pretence for extending their liberties beyond the town of Lowestoft, towards the south, and thereby to exclude them from the herring-fishery, was a fraudulent imposition, and a manifest perversion of the Charter 46 Edward III, which represents it as situate near the entrance of Yarmouth haven.Previous to the report of the attorney-general, a certificate was presented to him from James Wild and Samuel Pacy, two eminent merchants at Lowestoft[90]asserting the reasons why the seven miles, the boundary of the liberties of Yarmouth, ought to be measured from the crane key belonging to the said town of Yarmouth, where the herring fair is usually held, and not from the haven’s mouth.
Lowestoft answereth, That the said statute of 31 Edward III. is repealed by the statute of 2 Richard II., cap. i.: which grants a free trade for all persons to buy and sell at any place within the realm, notwithstanding any statute, grant or usage to the contrary; and by 46, Edward III., which united Kirkley road to Yarmouth Haven.
Yarmouth alleges, That the anchoring place opposite the town of Kirkley, and the road before the town of Lowestoft, is that Kirkley road mentioned in the grant of 46 Edward III., which united Kirkley road to Yarmouth haven.
Lowestoft answers, That the town of Lowestoft is situated eight or nine miles to the south of Yarmouth; and that a mile further to the south is a village called Kirkley, joining to the head town called Pakefield; before which towns the anchoring places have always been called Pakefield bay or hithe, as by a certificate under the hands of the principal inhabitants of both those said towns doth appear.
Yarmouth says, That the seven miles, which bound their liberties, begin at the haven’s mouth.
Lowestoft answereth, That by the charter of 46 Edward III. the seven miles were confined to the town of Yarmouth.
Yarmouth declareth, That Kirkley road lies at a considerable distance from the haven’s mouth.
Lowestoft answereth, That the situation of it was contiguous to the mouth of the haven at the time when the haven discharged itself into the sea to the south of Corton, 46, Edward III., when the charter was granted for uniting Kirkley road to Yarmouth haven.
Yarmouth affirms, That the power and authority derived to them by extending their liberties to the distance of seven miles, were not detrimental to the nation in general, nor to Lowestoft in particular.
Lowestoft answereth, That it is prejudicial to both of them; and grounded their reasons on the two inquisitions held during 5 Richard II.
Yarmouth denieth. That the statute 31 Edward III. was repealed by the general statute 2 Richard II., and also insists, that by the charter 46 Edward III, for uniting Kirkley road to Yarmouth haven, their liberties were to extend seven miles from the said haven.
Lowestoft answereth, That the said charter 46 Edward III was repealed by an act 50 Edward III (though the judges declared that the statute 31 Edward III was not repealed) and that the statute 2 Richard II was prejudicial to the kingdom in general: and therefore a complaint was made thereof, in the parliament holden 4 Richard II, and an inquisition was taken by three judges of the realm, who surveyed the premises, and declared, that to extend the liberties of Yarmouth seven miles from the haven’s mouth, was against common right, and that the said statute 2 Richard II was hurtful to the commonwealth; and, consequently, by the statute 5 Richard III, the statute 2 Richard II was repealed.
Yarmouth declareth, that by the statute 10 Richard II all their privileges were confirmed to them, and again by statute 1 queen Elizabeth.
Lowestoft alloweth, that the liberties granted to Yarmouth, 46 Edward III were confirmed by statute 10 Richard II; but concerning the statute 1 Queen Elizabeth that did not relate to the herring fishery, except confining their liberties to seven miles from the town, but to the establishing a court of admiralty at Yarmouth; and, therefore, though the town of Yarmouth, under a pretence of being authorised by that grant, made considerable encroachments on the privileges of Lowestoft, and insisted that their privilege of seven miles was to be measured from the haven’s mouth, and not from the key of Yarmouth, thereby attempting to exclude the town of Lowestoft from the fishery; yet, on complaint thereof being made to her majesty’s privy council, who referred it to the judges, Sir John Fortescue, Justice Clench, and Justice Gawdy, they certified, that it was their opinion, that the seven miles should be measured from the crane key in Yarmouth, towards Lowestoft, and at the termination thereof a post, or some other mark should be erected to denote the same. Whereupon the Lords of the Council, on the 16th May, 1596, after referring the case again to the judges, laid it before the Parliament, who issued an order, in 1597, to Sir Arthur Heneningham, Sir Henry Woodhouse, and Henry Gawdy, Esq., on the part of Yarmouth, and to Sir Robert Jermyn, Sir John Higham, and Anthony Wingfield, Esq., on the part of Lowestoft, to undertake the admeasurement of the said seven miles; accordingly the said admeasurement was actually made, and a great post, denoting the boundary of the liberties of Yarmouth, was erected, which remained unto that day.
Yarmouth insisteth, That a Charter of confirmation, granted to them in the reign of James I., Kirkley road is expressly described as opposite to the town of Kirkley; and that their jurisdiction shall extend from Winterton Ness in Norfolk, to Easton Ness in Suffolk, which is twenty-four miles, and includes the town of Lowestoft, which is only eight or nine miles from Yarmouth; and that by virtue of this jurisdiction, they justify their interruption of the herring fishery at Lowestoft, and all other trades within the extent of their said liberties.
Lowestoft answereth, That such a charter as the Yarmouth men pretend to have obtained, would be a monopoly, and contrary to the common rights of the Kingdom in general. That such a charter, if it was really granted, was obtained privately; that no writs of ad quod dampnum were issued, so that it is evident that they had imposed upon his majesty. That it would be prejudicial to the commonwealth, and the utter ruin of the western fishery, as is testified by above 3000 fishermen, who have subscribed a petition which certifies the truth of this assertion, and prays for relief. That it relates chiefly to the jurisdiction belonging to their court of admiralty, as is evident by their coming with a boat into Lowestoft roads, and demanding sixpence for anchorage. And lastly, That the artifice of having Kirkley road represented in this charter as situated opposite to the town of Kirkley, merely with a design of furnishing themselves with a plausible pretence for extending their liberties beyond the town of Lowestoft, towards the south, and thereby to exclude them from the herring-fishery, was a fraudulent imposition, and a manifest perversion of the Charter 46 Edward III, which represents it as situate near the entrance of Yarmouth haven.
Previous to the report of the attorney-general, a certificate was presented to him from James Wild and Samuel Pacy, two eminent merchants at Lowestoft[90]asserting the reasons why the seven miles, the boundary of the liberties of Yarmouth, ought to be measured from the crane key belonging to the said town of Yarmouth, where the herring fair is usually held, and not from the haven’s mouth.
To the Honourable Mr. ATTORNEY GENERALThe humble CERTIFICATE of the INHABITANTS of the town of LOWESTOFT, in SUFFOLK, shewing the reasons why the seven miles, the extent of the liberties of Yarmouth, in Norfolk, ought to be measured from the crane Key, and not from the haven’s mouth.1st.—That their fore-fathers being obstructed in their fishing by the Yarmouth men (which time out of mind they had enjoyed), had appealed to her late majesty, queen Elizabeth, to her parliament, and privy council, and obtained an order for setting bounds to the seven miles granted to Yarmouth.2nd.—In consequence whereof an order was also obtained from the lords of the council, directed to several men of authority in both counties, to make due enquiry concerning the controversy, and survey the premises, in order to ascertain the place from whence the admeasurement ought to begin, which was certified to be from the crane Key in Yarmouth, where the herring fair was usually held. And though the Yarmouth men, thinking themselves aggrieved obtained a second survey to be made, yet was it certified by the inquiries a second time, that they found no reason to depart from their former opinion. The reasons which they assigned, were that it was beneficial to her majesty’s good subjects in general, and the encouragement of the herring fishery in particular.3rd.—That the order from the council, for the admeasurement of the seven miles, was never revoked, as the Yarmouth men falsely suggested, but only suspended, as by the copy of their letters appears, and though by indirect means they occasioned a delay, and endeavoured to weary the commissioner appointed to settle the controversy with frivolous evasions, yet it was agreed, that the seven miles should be measured from the crane Key, in Yarmouth, directly towards Lowestoft, and a great post should be set up at the end thereof, to denote the same, which remaineth to this day.4th.—That ever since that time (which was in the year 1595 and 1596) the fishers have freely delivered their herrings in Lowestoft roads, in the time of the free fair at Yarmouth, without any molestation, until this last year, 1660, when they were interrupted by a vessel, called a man-of-war, employed by the Yarmouth men for that purpose.May it therefore please your honour,That as this controversy has been for so long standing, and it plainly appearing that no remedy can be obtained but by another admeasurement; that your honour will give credit to the orders and certificates lately pleaded before his majesty in council, as also to the certificates of several thousand fishermen belonging to the western fishery, then produced, shewing the inevitable ruin and destruction both to them and their families, that would immediately ensue, if prevented from delivering their herrings at Lowestoft, as from time immemorial they have been accustomed to do, which certificates have been since confirmed by a petition from Captain Tattersell, to his sacred majesty; and that your honour would be graciously pleased to report your sense of this difference concerning the admeasurement as soon as possible; for that the Yarmouth men will continue to claim the same privileges, or greater, than they did in the year 1595; and exercise the same ruin to our poor town, as in the last year (1660), with their armed vessel called a man-of-war. Neither do the Yarmouth men desire that the controversy should be brought before the parliament, but to weary us out with delays and expense, well knowing how unable we are to wage law with them, and that unless they persist in opposing us, it will end in an admeasurement. We therefore humbly pray your honour, that you will be pleased to consider the equity of our case; the great expense, travail and loss of time we have been at; and with due regard to our poor condition, speedily to report the state of the whole matter to his majesty in council, that so we may be no longer delayed, but repair home to follow our lawful callings; and we shall, as in duty bound, for ever pray, and remain, your honours most humble and grateful servants,JAMES WILD,SAMUEL PACY.
To the Honourable Mr. ATTORNEY GENERAL
The humble CERTIFICATE of the INHABITANTS of the town of LOWESTOFT, in SUFFOLK, shewing the reasons why the seven miles, the extent of the liberties of Yarmouth, in Norfolk, ought to be measured from the crane Key, and not from the haven’s mouth.
1st.—That their fore-fathers being obstructed in their fishing by the Yarmouth men (which time out of mind they had enjoyed), had appealed to her late majesty, queen Elizabeth, to her parliament, and privy council, and obtained an order for setting bounds to the seven miles granted to Yarmouth.
2nd.—In consequence whereof an order was also obtained from the lords of the council, directed to several men of authority in both counties, to make due enquiry concerning the controversy, and survey the premises, in order to ascertain the place from whence the admeasurement ought to begin, which was certified to be from the crane Key in Yarmouth, where the herring fair was usually held. And though the Yarmouth men, thinking themselves aggrieved obtained a second survey to be made, yet was it certified by the inquiries a second time, that they found no reason to depart from their former opinion. The reasons which they assigned, were that it was beneficial to her majesty’s good subjects in general, and the encouragement of the herring fishery in particular.
3rd.—That the order from the council, for the admeasurement of the seven miles, was never revoked, as the Yarmouth men falsely suggested, but only suspended, as by the copy of their letters appears, and though by indirect means they occasioned a delay, and endeavoured to weary the commissioner appointed to settle the controversy with frivolous evasions, yet it was agreed, that the seven miles should be measured from the crane Key, in Yarmouth, directly towards Lowestoft, and a great post should be set up at the end thereof, to denote the same, which remaineth to this day.
4th.—That ever since that time (which was in the year 1595 and 1596) the fishers have freely delivered their herrings in Lowestoft roads, in the time of the free fair at Yarmouth, without any molestation, until this last year, 1660, when they were interrupted by a vessel, called a man-of-war, employed by the Yarmouth men for that purpose.
May it therefore please your honour,
That as this controversy has been for so long standing, and it plainly appearing that no remedy can be obtained but by another admeasurement; that your honour will give credit to the orders and certificates lately pleaded before his majesty in council, as also to the certificates of several thousand fishermen belonging to the western fishery, then produced, shewing the inevitable ruin and destruction both to them and their families, that would immediately ensue, if prevented from delivering their herrings at Lowestoft, as from time immemorial they have been accustomed to do, which certificates have been since confirmed by a petition from Captain Tattersell, to his sacred majesty; and that your honour would be graciously pleased to report your sense of this difference concerning the admeasurement as soon as possible; for that the Yarmouth men will continue to claim the same privileges, or greater, than they did in the year 1595; and exercise the same ruin to our poor town, as in the last year (1660), with their armed vessel called a man-of-war. Neither do the Yarmouth men desire that the controversy should be brought before the parliament, but to weary us out with delays and expense, well knowing how unable we are to wage law with them, and that unless they persist in opposing us, it will end in an admeasurement. We therefore humbly pray your honour, that you will be pleased to consider the equity of our case; the great expense, travail and loss of time we have been at; and with due regard to our poor condition, speedily to report the state of the whole matter to his majesty in council, that so we may be no longer delayed, but repair home to follow our lawful callings; and we shall, as in duty bound, for ever pray, and remain, your honours most humble and grateful servants,
JAMES WILD,SAMUEL PACY.
The attorney-general, in pursuance of the order of council, paid due attention to the allegations of both parties; and after hearing what each of them had to advance in support of their several pretensions, together with the opinion of their learned council, delivered a report to his majesty; wherein, after reciting the many charters which had been granted to the town of Yarmouth, and afterwards repealed; and the various ordinances and inquisitions issued and taken by the King’s commission in preceding reigns, and revoked by the same authority; declared that he had considered the statute 31 EdwardIII, the different opinions of the several judges thereupon, and the orders of her late majesty queen Elizabeth and her privy council, in consequence thereof, which were, that seven miles should be measured from the Key of Yarmouth, and also from the utmost bounds of their haven, and that a certificate should be presented, declaring how far each of the said admeasurements extended; and that during the interval, they should forbear to erect any marks or bounds, pointing out the termination of the said admeasurements, until further orders were issued; but that it did not appear to him that the said seven miles were actually measured by any order for that purpose. It is evident that the attorney-general had not perfectly informed himself of all the circumstances of this dispute, or else they were misrepresented to him; for in 1596 an order in Council was given for seven miles to be measured from the key of Yarmouth towards Lowestoft, and at the end thereof to set up some apparent mark; and in that remarkable commission, which had all the appearance of being fraudently obtained, is contained directions for the two admeasurements, and the suspension of the order for erecting a mark pointing out the extent of the liberties of Yarmouth. Nevertheless the inhabitants of Lowestoft did affirm, and it was certified by great numbers of the Western fishermen, that the said Western fishery had ever since the recited order (as they did before), sold and delivered herrings in the roads of Lowestoft till this last summer, without any disturbance or molestation from the town of Yarmouth.
THE ATTORNEY GENERAL’S FIRST REPORT.May it please your most excellent Majesty.In obedience to your Majesty’s order in council, of the 25th January last, I have heard the inhabitants of the town of Lowestoft, in the county of Suffolk, and also the inhabitants of Great Yarmouth, in the county of Norfolk, and their learned counsel on both sides; and do find, that the contention between the said towns concerning the herring fishery, hath depended for a very long time. And that divers statutes have been made in this case by parliaments, and again afterwards repealed. And also divers ordinances and inquisitions have anciently been made and taken, by the king’s commission directed to men of great quality, and afterwards altered and revoked again by the like authority. But there was one statute made in the 31st Edward III, whereby amongst other things it is provided, that none shall sell herrings in any place 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 I have likewise seen the opinions of several learned judges, some of them conceiving, that the said statute, 31 Edward III is repealed; and others, that the said statute, and also one other Act made in the tenth year of Richard II, for reviving divers former repealed charters, made to Yarmouth, stand still in force bylaw, and are not repealed. And those judges who were of opinion that the same were not repealed, did think it good and convenient to have the seven miles measured, and to begin at the crane key in Yarmouth, where the said fair of herrings is kept (to which place the fishers who sell their fish at Yarmouth must first come, and their cable draw to land, before they deliver their herrings), and so go towards Lowestoft, and where the seven miles do end, to set up some apparent mark to make it known; and did certify the same accordingly to the lords of Queen Elizabeth’s privy council. But the inhabitants of Yarmouth being discontented with the first certificate of the said judges, did procure a rehearing of their cause before them, who having accordingly heard them and their learned counsel, did certify that they did find no cause to alter their former certificate; yet the admeasurement was suspended by reason of the Yarmouth men alledging, that the admeasurement of the seven miles from the key of Yarmouth would be prejudicial to their charters and liberties; and that by the said statute, 31 Edward III, the seven miles ought to be accounted from the utmost bounds of the haven, which they affirmed to have been extended, in the memory of man, a mile beyond where it was then; so that it was directed by the lords of her said late majesty’s most honourable privy council, that there should be seven miles measured from the key at Yarmouth and from the utmost bounds of their haven, where the five ports begin their jurisdiction, and that it should be certified unto them how far each admeasurement did extend; and that in the meantime they should forbear to set up any marks or bounds, until such further orders should be issued therein as might be just and reasonable, and to the mutual satisfaction of both parties. But there is nothing appears to me, that the said seven miles were measured as the said last-recited order did direct. Yet, notwithstanding, the inhabitants of Lowestoft do affirm, and it is certified by great numbers of fishermen, that the western fishery has been ever since the said recited order (as they did before) sold and delivered herrings in the roads of Lowestoft, till this last summer without the disturbance of the Yarmouth men.All which I humbly submit to your Majesty’s great wisdom.
THE ATTORNEY GENERAL’S FIRST REPORT.
May it please your most excellent Majesty.
In obedience to your Majesty’s order in council, of the 25th January last, I have heard the inhabitants of the town of Lowestoft, in the county of Suffolk, and also the inhabitants of Great Yarmouth, in the county of Norfolk, and their learned counsel on both sides; and do find, that the contention between the said towns concerning the herring fishery, hath depended for a very long time. And that divers statutes have been made in this case by parliaments, and again afterwards repealed. And also divers ordinances and inquisitions have anciently been made and taken, by the king’s commission directed to men of great quality, and afterwards altered and revoked again by the like authority. But there was one statute made in the 31st Edward III, whereby amongst other things it is provided, that none shall sell herrings in any place 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 I have likewise seen the opinions of several learned judges, some of them conceiving, that the said statute, 31 Edward III is repealed; and others, that the said statute, and also one other Act made in the tenth year of Richard II, for reviving divers former repealed charters, made to Yarmouth, stand still in force bylaw, and are not repealed. And those judges who were of opinion that the same were not repealed, did think it good and convenient to have the seven miles measured, and to begin at the crane key in Yarmouth, where the said fair of herrings is kept (to which place the fishers who sell their fish at Yarmouth must first come, and their cable draw to land, before they deliver their herrings), and so go towards Lowestoft, and where the seven miles do end, to set up some apparent mark to make it known; and did certify the same accordingly to the lords of Queen Elizabeth’s privy council. But the inhabitants of Yarmouth being discontented with the first certificate of the said judges, did procure a rehearing of their cause before them, who having accordingly heard them and their learned counsel, did certify that they did find no cause to alter their former certificate; yet the admeasurement was suspended by reason of the Yarmouth men alledging, that the admeasurement of the seven miles from the key of Yarmouth would be prejudicial to their charters and liberties; and that by the said statute, 31 Edward III, the seven miles ought to be accounted from the utmost bounds of the haven, which they affirmed to have been extended, in the memory of man, a mile beyond where it was then; so that it was directed by the lords of her said late majesty’s most honourable privy council, that there should be seven miles measured from the key at Yarmouth and from the utmost bounds of their haven, where the five ports begin their jurisdiction, and that it should be certified unto them how far each admeasurement did extend; and that in the meantime they should forbear to set up any marks or bounds, until such further orders should be issued therein as might be just and reasonable, and to the mutual satisfaction of both parties. But there is nothing appears to me, that the said seven miles were measured as the said last-recited order did direct. Yet, notwithstanding, the inhabitants of Lowestoft do affirm, and it is certified by great numbers of fishermen, that the western fishery has been ever since the said recited order (as they did before) sold and delivered herrings in the roads of Lowestoft, till this last summer without the disturbance of the Yarmouth men.
All which I humbly submit to your Majesty’s great wisdom.
It also appears that the Attorney-General, upon further consideration of this contested difference, presented an additional report to his majesty, wherein he represented, that since his former report he had seen the certificate of the two learned judges, dated April 29, 1597, subsequent to the certificates mentioned in his first report, in which they declared that they could not see how any method could be taken for compromising the differences between the two towns, but by referring them to Parliament.
THE ATTORNEY-GENERAL’S SECOND REPORT.May it please your most excellent Majesty.In obedience to your Majesty’s order of council of the 25th of January last, concerning the matter of difference between the inhabitants of the town of Lowestoft, and the inhabitants of the town of Great Yarmouth, I lately made certificate to your majesty according to the truth of what was then produced before me. But since that time there hath been produced to me a certificate under the hands of the learned judges, dated the 29th of April, 1597, subsequent to those mentioned in my former certificate, wherein they did declare, that they did see no other course could be taken by them, in order to compound their controversies and decide the differences between the said towns, and whereby they could bind both parties in such a manner as was most fit and convenient (their differences being of such great difficulty), and therefore they thought it fit, that the cause should be respited, and referred to the next parliament. At which time, upon supplication and complaint of those that should find themselves aggrieved, the cause might receive hearing and due remedy.And I humbly crave liberty to certify to your Majesty, that by the word “crane” key, in my former certificate, I did intend the key of Yarmouth, that is known by that name, without any the least prejudice to either party thereby, in relation to the admeasurement mentioned in the same certificate, further or otherwise than the truth of the cause would bear.All which I humbly submit to your Majesty’s great wisdom.
THE ATTORNEY-GENERAL’S SECOND REPORT.
May it please your most excellent Majesty.
In obedience to your Majesty’s order of council of the 25th of January last, concerning the matter of difference between the inhabitants of the town of Lowestoft, and the inhabitants of the town of Great Yarmouth, I lately made certificate to your majesty according to the truth of what was then produced before me. But since that time there hath been produced to me a certificate under the hands of the learned judges, dated the 29th of April, 1597, subsequent to those mentioned in my former certificate, wherein they did declare, that they did see no other course could be taken by them, in order to compound their controversies and decide the differences between the said towns, and whereby they could bind both parties in such a manner as was most fit and convenient (their differences being of such great difficulty), and therefore they thought it fit, that the cause should be respited, and referred to the next parliament. At which time, upon supplication and complaint of those that should find themselves aggrieved, the cause might receive hearing and due remedy.
And I humbly crave liberty to certify to your Majesty, that by the word “crane” key, in my former certificate, I did intend the key of Yarmouth, that is known by that name, without any the least prejudice to either party thereby, in relation to the admeasurement mentioned in the same certificate, further or otherwise than the truth of the cause would bear.
All which I humbly submit to your Majesty’s great wisdom.
At a council held at Whitehall the 10th of April, 1661, at which were present his Majesty, and the Duke of York, and many of the first nobility, these reports of the attorney-general were presented and read; and it was accordingly ordered by the council, that by reason of his Majesty’s approaching coronation, they were unable to pay such proper attention to the complaints of the respective parties, as their cases required; therefore the affair must necessarily be suspended a short time longer; and that both parties do attend the Board on Friday three weeks, the third of May next ensuing, at three in the afternoon, for the further hearing and determining of this matter.
Upon the issuing of the order for deferring the hearing of the cause to a subsequent council, the Lowestoft men presented another petition to His Majesty, beseeching him that as it was the opinion of the judges, and also of the Attorney-general, that the only method which could be taken for compromising the differences so long subsisting between these two towns, would be to consider seven miles to be measured from the key of Yarmouth, towards Lowestoft, in order to ascertain the boundary of the liberties of the former place, and secure the privilege of a free fishery to the latter, and at the end thereof to have some apparent mark erected, to denote the same; that his Majesty would be pleased to order the said admeasurement to be immediately carried into execution; or otherwise, by reason of their many misfortunes and losses, they must be involved in inevitable ruin.
To theKING’S MOST EXCELLENT MAJESTY,the humblePETITIONof the inhabitants of the town ofLOWESTOFT,in the county of suffolk,Sheweth,That your majesty having been graciously pleased, at the humble suit and prayer of your petitioners, to hear the complaint of your poor petitioners, against the rich inhabitants of the town of Great Yarmouth, in the county of Norfolk, before the right honourable the lords of Your majesty’s privy council, touching the free trade of herring fishery, which hath of long time been in controversy between them; and upon a full hearing, did order both parties to attend your majesty’s attorney-general, that he, upon due consideration and hearing of all parties, should report to your majesty the true state of the whole matter of fact accordingly: whereby it appears, that the opinion of all the reverend judges, and such other worthy gentlemen of quality to whom the matter hath been formerly referred, is, ‘That there is no other visible way to end their controversies, and to procure unity between the said towns, but by an admeasurement of seven miles from the crane key of Yarmouth towards the town of Lowestoft.’ And whereas your petitioners are exceedingly impoverished by reason of their said controversy, and their sufferings during the late troubles, their affections to your majesty’s late royal father, of ever blessed memory, having been plundered by Oliver Cromwell and the said inhabitants of Yarmouth, who were instrumental with, and assisting him in the same; and since that time have been almost ruined by a sad and lamentable fire which happened in their said town, whereupon inevitable destruction will follow, except a speedy and effectual end be put to their differences, and that they may have free liberty to use their trade of herring fishery.Your petitioners therefore humbly pray, That your majesty would be graciously pleased, upon the report of Mr. Attorney-General, as also the reports and certificates of former learned judges and justices of the peace of both counties, by your royal command to declare and publish, that seven miles may be measured from the crane key of Yarmouth aforesaid, towards the town of Lowestoft, and not from their pretended utmost bounds of their haven, which is uncertain, and by which means they would destroy your petitioners said fishing trade. And that a post, or some other apparent mark, may be set up at the end thereof, so that the trade of herring fishing may be used during the time of their free fair at any place without the said post or mark, without the molestation of the said inhabitants of Yarmouth, whereby your petitioners, and many thousands of your majesty’s poor western fishermen, may live and subsist by their said trade of herring fishing, as time out of mind they have done; which otherwise will be their utter ruin and undoing, as appears by their humble certificate and remonstrance to your sacred majesty.And your petitioners as in all duty bound, shall ever pray, etc.
To theKING’S MOST EXCELLENT MAJESTY,the humblePETITIONof the inhabitants of the town ofLOWESTOFT,in the county of suffolk,
Sheweth,
That your majesty having been graciously pleased, at the humble suit and prayer of your petitioners, to hear the complaint of your poor petitioners, against the rich inhabitants of the town of Great Yarmouth, in the county of Norfolk, before the right honourable the lords of Your majesty’s privy council, touching the free trade of herring fishery, which hath of long time been in controversy between them; and upon a full hearing, did order both parties to attend your majesty’s attorney-general, that he, upon due consideration and hearing of all parties, should report to your majesty the true state of the whole matter of fact accordingly: whereby it appears, that the opinion of all the reverend judges, and such other worthy gentlemen of quality to whom the matter hath been formerly referred, is, ‘That there is no other visible way to end their controversies, and to procure unity between the said towns, but by an admeasurement of seven miles from the crane key of Yarmouth towards the town of Lowestoft.’ And whereas your petitioners are exceedingly impoverished by reason of their said controversy, and their sufferings during the late troubles, their affections to your majesty’s late royal father, of ever blessed memory, having been plundered by Oliver Cromwell and the said inhabitants of Yarmouth, who were instrumental with, and assisting him in the same; and since that time have been almost ruined by a sad and lamentable fire which happened in their said town, whereupon inevitable destruction will follow, except a speedy and effectual end be put to their differences, and that they may have free liberty to use their trade of herring fishery.
Your petitioners therefore humbly pray, That your majesty would be graciously pleased, upon the report of Mr. Attorney-General, as also the reports and certificates of former learned judges and justices of the peace of both counties, by your royal command to declare and publish, that seven miles may be measured from the crane key of Yarmouth aforesaid, towards the town of Lowestoft, and not from their pretended utmost bounds of their haven, which is uncertain, and by which means they would destroy your petitioners said fishing trade. And that a post, or some other apparent mark, may be set up at the end thereof, so that the trade of herring fishing may be used during the time of their free fair at any place without the said post or mark, without the molestation of the said inhabitants of Yarmouth, whereby your petitioners, and many thousands of your majesty’s poor western fishermen, may live and subsist by their said trade of herring fishing, as time out of mind they have done; which otherwise will be their utter ruin and undoing, as appears by their humble certificate and remonstrance to your sacred majesty.
And your petitioners as in all duty bound, shall ever pray, etc.
Petitions were also at the same time presented by the Lowestoft men to Lord Chancellor Hyde and the Duke of Albemarle, entreating their interest and authority at the privy council intended shortly to be held for the further discussion of this litigious contest; also that an order might be obtained for the admeasurement of the said seven miles from the crane key at Yarmouth, and that the same admeasurement should not be made from the haven’s mouth, as thereby the town of Lowestoft would be excluded from their indisputable claim to the privileges belonging to the herring fishery.
A petition was also presented to his majesty, praying that his majesty would graciously please to be present in his royal person at the council appointed to be held on Friday the third of May next ensuing, for deciding this long-controverted difference.
In consequence of this appointment a privy council was held at Whitehall on the third of May, 1661, at which were present his majesty, the duke of York, many of the great officers of state, and others of the nobility; when, after hearing the learned counsel on both sides, and after full debate on the several complaints and allegations advanced by the respective parties, it was ordered by his majesty in council, that as the determination of the differences between the said towns of Yarmouth and Lowestoft depended upon thevalidity of several charters, acts of parliament, and orders of council, that the inhabitants of the town of Lowestoft should make application to the right honourable the House of Lords, shortly to be assembled in Parliament, who would consider their complaints and afford them such redress as their lordships, upon due examination of the whole matter, should think just and reasonable.
The Lowestoft people having conceived the highest expectations of an amicable adjustment of their differences with Yarmouth at the late hearing of their cause before the privy council, were extremely chagrined and disappointed at its being referred to the House of Lords; especially as their inability (from their late misfortunes) to continue the contest, and the continual interruptions and depredations of the Yarmouth men, had rendered a final decision of the affair absolutely necessary. In this critical situation of their affairs, they thought it necessary, as preparatory to the introduction of their cause before the House of Lords, to present a petition to their lordships informing them, that whereas, from time immemorial, they had enjoyed the free trade of buying herrings of the western fishers in the roads of Lowestoft; but that the Yarmouth men, taking advantage of their late misfortunes by fire and civil wars, had greatly interrupted and annoyed them, and threatened them with the total destruction of their fishery, and, consequently, with the utter ruin of their town. That they had laid their case before his majesty and the privy council; that it had been referred by them to the attorney-general, that the opinion of the attorney-general had been laid before his majesty and the privy council; who, after due examination of the premises, were pleased to refer a further investigation thereof to their lordships, recommending such redress of the grievances complained of as they should think just and equitable. Therefore the said petitioners humbly besought their lordships, that they would be pleased to take the matter into consideration, and afford them such immediate relief as would prevent the annihilation of the fishery, the ruin of the town, and the great loss and inconvenience of the nation in general.
On reading of the above petition before the house of lords, their lordships ordered, that the cause so long depending between the said towns should be heard at the bar of that house by such counsel as should be retained on each side, on the seventh of June, 1661; and that the said petitioners should give timely notice thereof to the inhabitants of Yarmouth, and that both parties do attend the same hearing.
DIE SABBATHI, 25ºMaij, 1661.On reading the petition of the inhabitants, of the town of Lowestoft, in the county of Suffolk, this day in the house, concerning a free trade of fishing, which the petitioners complain they are molested in by the inhabitants of Great Yarmouth, it is ordered, by the lords in parliament assembled, that the cause shall be heard at this bar, by counsel on both sides, on the seventh day of June next. And that the petitioners, or some of them, shall give the said inhabitants of the town of Yarmouth, timely notice thereof, and that both the said parties do attend the said hearing accordingly.JOHN BROWNE, Cleric. Parliamenti.
DIE SABBATHI, 25ºMaij, 1661.
On reading the petition of the inhabitants, of the town of Lowestoft, in the county of Suffolk, this day in the house, concerning a free trade of fishing, which the petitioners complain they are molested in by the inhabitants of Great Yarmouth, it is ordered, by the lords in parliament assembled, that the cause shall be heard at this bar, by counsel on both sides, on the seventh day of June next. And that the petitioners, or some of them, shall give the said inhabitants of the town of Yarmouth, timely notice thereof, and that both the said parties do attend the said hearing accordingly.
JOHN BROWNE, Cleric. Parliamenti.
The state of the town of Lowestoft, and the herring fishery, on which it solely depended, were now become truly alarming; the towns of Ipswich, Orford, Alborough, and Dunwich apprehended also their being involved in a share of the calamity; and the company of fishmongers in London, as well as the numerous body of fishermen on the coasts of Sussex and Kent, evidently foresaw the distress and inconveniences which must inevitably ensue should the town of Yarmouth be permitted to monopolise the whole trade of the herring fishery to themselves. Alarmed with these apprehensions, and stimulated with the desire of independence, they united their utmost efforts in one common interest, in guarding themselves against the oppressions of the Yarmouth men, which, it was too evident, they were most industriously endeavouring to burden them withal.
The first who offered their assistance to the Lowestoft men in this difficult but necessary undertaking, were the fishmongers of London. They presented a certificate to the house of Lords; wherein after premising that severalpetitions had been presented to his majesty and the privy council, from the town of Lowestoft, representing the injurious proceedings of the town of Yarmouth; and also his majesty’s reference of the case to their lordships they further certified, to the house of Lords; wherein, that Lowestoft was a very antient town; had always subsisted chiefly by the herring fishery; that they had, from time immemorial, enjoyed the privilege of having herrings delivered in the roads off that town until the last year, when they where interrupted by the Yarmouth men, under a pretence, that by virtue of a charter they had granted to them, no fishers were authorised to deliver any herrings during the continuance of their herring fair, or from Michaelmas to Martinmas, within the distance of seven miles from the mouth of their haven; that were the Yarmouth men permitted to persevere in these injurious proceedings, it would be attended not only with great prejudice to the town of Lowestoft, but the utter ruin of the western fishery, and would also be extremely detrimental to the nation in general, exclusive of many other inconveniences.—Seventy-eight of the London fishmongers attested the truth of the premises under their own hands and prayed for relief.
A petition was also presented at the same time from the towns of Ipswich, Orford, Alborough, and Dunwich, similar in general to the above petition from the fishmongers of London; entreating their lordships, that the town of Lowestoft may not only enjoy their ancient freedom of buying and selling herrings on every occasion, but also be protected for the future against the interruptions of the town of Yarmouth; and that each town might enjoy the common right of the nation without any restraint or limitation from each other, as the most effectual means of preventing a monopoly, and rendering the herring fishery of more general utility.
To the Honourable thePEERSofENGLANDAssembled in Parliament.The HumblePETITIONof the Burgesses etc.,for the Towns ofIPSWICH,andDUNWICHin the County of Suffolk,Humbly shewing,That your petitioners being informed, that his majesty, together with his council have recommended the case between the towns of Lowestoft and Yarmouth, concerning the free trade of herring fishing, to your lordships’ care and determination; your petitioners do think fit to recommend some particulars to your lordships’ consideration.1st. That the town of Lowestoft is more antient than the town of Yarmouth.2nd. That Lowestoft is in the county of Suffolk, and Yarmouth in the county of Norfolk.3rd. So that it seems unreasonable to us, that the town of Yarmouth should infringe upon the town of Lowestoft, which is a more antient town than Yarmouth, and in a distinct county, and full nine miles distant, and thereby not only bring a prejudice to Lowestoft, but to the whole coast of Suffolk, and consequently to the whole trade of herring-fishing, by their destroying the common right which the western fishermen and the city of London have enjoyed by trading with our coast rather than Yarmouth, to the great advantage of the whole nation; whereas such a monopoly as the town of Yarmouth pretends to, would be destructive both to us and the town of Lowestoft.Your petitioners therefore humbly pray, That the town of Lowestoft may not only enjoy their antient freedom of buying and selling herrings at all times, but that there may not be any encroachments by the town of Yarmouth upon the town of Lowestoft, but that each town may enjoy the common right of this nation without circumscription to each other; whereby monopolies will be prevented, and the trade of herring fishing become more advantageous to the nation.And your petitioners, as in duty bound, shall ever pray, etc.JOHN ROUS, RICHARD COOKE,for Dulwich. JOHN HOLLAND,[97]ROBERT BROOKS,for Alborough. WALTER DEVERRIX.
To the Honourable thePEERSofENGLANDAssembled in Parliament.
The HumblePETITIONof the Burgesses etc.,for the Towns ofIPSWICH,andDUNWICHin the County of Suffolk,
Humbly shewing,
That your petitioners being informed, that his majesty, together with his council have recommended the case between the towns of Lowestoft and Yarmouth, concerning the free trade of herring fishing, to your lordships’ care and determination; your petitioners do think fit to recommend some particulars to your lordships’ consideration.
1st. That the town of Lowestoft is more antient than the town of Yarmouth.
2nd. That Lowestoft is in the county of Suffolk, and Yarmouth in the county of Norfolk.
3rd. So that it seems unreasonable to us, that the town of Yarmouth should infringe upon the town of Lowestoft, which is a more antient town than Yarmouth, and in a distinct county, and full nine miles distant, and thereby not only bring a prejudice to Lowestoft, but to the whole coast of Suffolk, and consequently to the whole trade of herring-fishing, by their destroying the common right which the western fishermen and the city of London have enjoyed by trading with our coast rather than Yarmouth, to the great advantage of the whole nation; whereas such a monopoly as the town of Yarmouth pretends to, would be destructive both to us and the town of Lowestoft.
Your petitioners therefore humbly pray, That the town of Lowestoft may not only enjoy their antient freedom of buying and selling herrings at all times, but that there may not be any encroachments by the town of Yarmouth upon the town of Lowestoft, but that each town may enjoy the common right of this nation without circumscription to each other; whereby monopolies will be prevented, and the trade of herring fishing become more advantageous to the nation.
And your petitioners, as in duty bound, shall ever pray, etc.
JOHN ROUS, RICHARD COOKE,for Dulwich. JOHN HOLLAND,[97]ROBERT BROOKS,for Alborough. WALTER DEVERRIX.
Another petition was also presented by Captain Tettersall, a commander in the British navy, a person firmly attached to the interests of the western fishermen. This petition was addressed to the Knights and burgesses of the counties of Sussex and Kent: wherein, after recapitulating the oppressions of the Yarmouth men, and that this long-contested difference had been referred by his majesty to the decision of the house of lords, he informed them that many hundreds of his friends, neighbours, and acquaintance, western fishermen of the said counties, and who were greatly interested in the prosperity of the herring fishery, had concurred with the town of Lowestoft in presenting a certificate and petition to the lords of the privy council, respecting the illegal proceedings of the Yarmouth men, and had requested their said petitioner to appear in behalf of the said towns before the council, and deliver the same, which office he had undertaken and executed. And also further informed them, that an order had been issued by the House of Lords, summoning both parties, with their counsel, to appear at the bar of that house on the seventh of June next ensuing, being the day appointed for hearing and determining their cause; and that their petitioner being unable to attend the said hearing (he being a commander in the navy), the decision whereof being pregnant with the most important consequents both to the town of Lowestoft and the whole western fishery: therefore, he humbly petitioned the knights and burgesses of the counties of Sussex and Kent to unite their interests with those of the county of Suffolk, in procuring a redress of those grievances which the town of Lowestoft, and the said western fishermen were then labouring under; such as the exigency of their situation required, and the wisdom of their lordships should think just and reasonable.
To the Right Honourable theKNIGHTandBURGESSESof the Counties ofESSEXandKENT.The HumblePETITIONof CaptainNICHOLAS TETTERSALL,Sheweth,That the town of Lowestoft, in the county of Suffolk, having been interrupted this last year in their free trade of herring fishing, by the inhabitants of Great Yarmouth in the county of Norfolk, tending not only to the ruin of the said town of Lowestoft, but of the whole western fishery; and seeking for remedy by their humble petition to the king’s most excellent majesty, who referring it to the right honourable the lords and others of his privy council, for satisfaction and relief, many hundreds of his neighbours, friends, and acquaintance, the western fishermen of both your said counties, whom it so highly concern, did join with the said town of Lowestoft, by their humble certificate and petition subscribed by them, and requested your petitioner to appear on their behalfs before the said lords, to affirm the said petition, which accordingly he hath done; and several hearings have been before his majesty in council, held on the third of this instant May, it was ordered, in regard that the determination of the difference depended upon the validity of several charters, acts of parliament, and orders of council, that the complainants should apply themselves to the right honourable the house of lords, speedily to be assembled in parliament, to consider their complaint, and afford them such relief as their lordships shall, on examination and consideration of the whole matter, find to be just and fit. Whereupon, on the twenty-fifth of this instant May, 1661, the said complainants, on their humble petition to the right honourable the lords assembled in parliament, obtained an order, summoning both parties to appear at the bar of that house on the seventh day of June next ensuing, together with their learned counsel, in order for the hearing of their cause. And your petitioner being in no capacity ofserving his countrymen any longer therein, by reason of his command in his majesty’s service at sea; and because that apparent ruin must necessarily attend the said fishermen, which of his own knowledge he doth affirm; and as by the copy of their remonstrance and petition, hereunto annexed, and read twice before his majesty and the privy council, doth plainly appear.Your petitioner doth therefore, in their behalf, most humbly pray your honours to join with the knights and burgesses for the county of Suffolk, and as true patrons for your country’s good, be instrumental that the poor complainants be no longer interrupted and distressed by the rich inhabitants of Great Yarmouth; but that they may be heard at the time appointed, in order to the adjusting of their differences, and settling them by an act of Parliament, as the right honourable the lords and commons in their grave wisdoms shall think to be just and right.And your petitioner, as in duty bound, shall ever pray, etc.N. TETTERSALL.
To the Right Honourable theKNIGHTandBURGESSESof the Counties ofESSEXandKENT.
The HumblePETITIONof CaptainNICHOLAS TETTERSALL,
Sheweth,
That the town of Lowestoft, in the county of Suffolk, having been interrupted this last year in their free trade of herring fishing, by the inhabitants of Great Yarmouth in the county of Norfolk, tending not only to the ruin of the said town of Lowestoft, but of the whole western fishery; and seeking for remedy by their humble petition to the king’s most excellent majesty, who referring it to the right honourable the lords and others of his privy council, for satisfaction and relief, many hundreds of his neighbours, friends, and acquaintance, the western fishermen of both your said counties, whom it so highly concern, did join with the said town of Lowestoft, by their humble certificate and petition subscribed by them, and requested your petitioner to appear on their behalfs before the said lords, to affirm the said petition, which accordingly he hath done; and several hearings have been before his majesty in council, held on the third of this instant May, it was ordered, in regard that the determination of the difference depended upon the validity of several charters, acts of parliament, and orders of council, that the complainants should apply themselves to the right honourable the house of lords, speedily to be assembled in parliament, to consider their complaint, and afford them such relief as their lordships shall, on examination and consideration of the whole matter, find to be just and fit. Whereupon, on the twenty-fifth of this instant May, 1661, the said complainants, on their humble petition to the right honourable the lords assembled in parliament, obtained an order, summoning both parties to appear at the bar of that house on the seventh day of June next ensuing, together with their learned counsel, in order for the hearing of their cause. And your petitioner being in no capacity ofserving his countrymen any longer therein, by reason of his command in his majesty’s service at sea; and because that apparent ruin must necessarily attend the said fishermen, which of his own knowledge he doth affirm; and as by the copy of their remonstrance and petition, hereunto annexed, and read twice before his majesty and the privy council, doth plainly appear.
Your petitioner doth therefore, in their behalf, most humbly pray your honours to join with the knights and burgesses for the county of Suffolk, and as true patrons for your country’s good, be instrumental that the poor complainants be no longer interrupted and distressed by the rich inhabitants of Great Yarmouth; but that they may be heard at the time appointed, in order to the adjusting of their differences, and settling them by an act of Parliament, as the right honourable the lords and commons in their grave wisdoms shall think to be just and right.
And your petitioner, as in duty bound, shall ever pray, etc.
N. TETTERSALL.
In pursuance of the appointment of the House of Lords, for the hearing of the cause depending between the towns of Lowestoft and Yarmouth, at the bar of that house, on the seventh of June next following, notice thereof was delivered to the bailiffs of Yarmouth, on the 30th May preceding, requiring their attendance; but the inhabitants of Yarmouth pleading the want of sufficient time to collect the necessary evidence upon such short notice, petitioned the house, that the hearing of the case might be deferred a short time longer; and accordingly their lordships gave orders, that the said hearing should be postponed to the 20th of June next ensuing; at which time all the parties concerned were to attend with their counsel and witnesses, and to be otherwise duly prepared.
Die Mercurii, 5th Junij, 1661.Upon the petition of the bailiffs of the town of Great Yarmouth, read this day in the House, shewing that they were served with an order of this Court, on the 30th of May last, for a hearing at this Bar on the 7th of this instant June, concerning a free trade of fishing between the inhabitants of the town of Lowestoft, in Suffolk, and the town of Yarmouth; it is ordered by the Lords in Parliament assembled, That the said cause is hereby put off unto the 20th of this instant June, peremptorily. And that then all parties concerned are to attend, with their counsel and witnesses, and come fully prepared for a hearing at this bar accordingly.JNO. BROWNE, Cleric Parliamenti.
Die Mercurii, 5th Junij, 1661.
Upon the petition of the bailiffs of the town of Great Yarmouth, read this day in the House, shewing that they were served with an order of this Court, on the 30th of May last, for a hearing at this Bar on the 7th of this instant June, concerning a free trade of fishing between the inhabitants of the town of Lowestoft, in Suffolk, and the town of Yarmouth; it is ordered by the Lords in Parliament assembled, That the said cause is hereby put off unto the 20th of this instant June, peremptorily. And that then all parties concerned are to attend, with their counsel and witnesses, and come fully prepared for a hearing at this bar accordingly.
JNO. BROWNE, Cleric Parliamenti.
Accordingly, on the 20th June, the House of Lords being assembled, the council for the respective towns was heard at the bar of that house; and all the claims and privileges of the contending parties were carefully scrutinised and debated, in order to terminate the dispute, and to establish harmony and friendship between the said towns on a permanent and lasting foundation; but at the conclusion of the hearing it appeared, that as the principal point on which the whole controversy seemed to turn, was whether the statute 31 Edward III, upon which the Yarmouth men grounded their claim, was repealed by the statute 2 Richard II, as the Lowestoft men affirmed, and being a point of law, their lordships were unable to decide upon, therefore they referred it to the judges; and ordered that the counsel belonging to both parties should attend the judges at such time as they should appoint, who were to deliver their opinion concerning this point as soon as conveniently they could; and also ordered that the witnesses should be sworn and examined at the bar of the house, on Thursday next, the 27th. of this instant June, 1661, respecting such matters of fact as related to the present dispute; and also it was further ordered on the 22nd instant, that John Humphrey, Richard Gillam, Sidrich Seager, William Fox, and such other necessary witnesses as the inhabitants of Lowestoft should have occasion to produce in the cause now depending between them and the bailiffs of Yarmouth, and to be heard in that house on Thursday the 26th June, 1661, do appear at the bar of that house; and that the witnesses not therein named, have their names delivered in writing to the clerk of the parliament before the commencement of the said hearing.
The first step taken by the Lowestoft men after their cause was referred by the House of Lords to the opinion of the judges, was to present a petition toSir Robert Foster, Lord Chief Justice of England; and also to Sir Orlando Bridgeman, Lord Chief Justice of the Court of Common Pleas; wherein they represented, that the House of Lords having referred to their Lordships for their opinion, whether the statute of the 31st of Edward III be repealed by the statute of the 2nd of Richard II, or by any other statute; and that their poor petitioners having attended upon this business for six months, were not able to support the expense thereof, or to contend any longer with such powerful adversaries as the rich inhabitants of Yarmouth, who endeavour to weary them out by delays, to ruin their poor petitioners and the whole western fishery, and monopolise the whole trade of herring fishing to themselves, to the great prejudice of the kingdom in general, and of their petitioners in particular. Therefore they humbly prayed that their Lordships would be graciously pleased to appoint a day, in order to meet the rest of the judges, that the counsel on both sides might attend their lordships, and a report of their opinion be delivered to the parliament as soon as possible.
To the right Honourable SirROBERT FOSTER,Knt.,Lord Chief Justice of England;and SirORLANDO BRIDGEMAN,Bart.,Lord Chief Justice of the Common Pleas.The HumblePETITIONof theINHABITANTSof Lowestoft in the County of Suffolk,Sheweth,That your poor petitioners having had several hearings before his Majesty in council, concerning the differences between them and the rich inhabitants of Yarmouth, respecting the free trade of herring fishery; who thereupon was pleased to refer the same to the right honourable the Lords assembled in Parliament, who, upon a full hearing thereof, were pleased to refer the matter of law to the reverend judges, to consider whether the statute of 31 Edward III, ch. i and ii be repealed by the statute 2 Richard II, ch. vii., or by any other statute, and to report their opinion to the house accordingly. And your petitioners having awaited six months for relief, and being quite worn out with expense and attendance, and are not able any longer to contend with such powerful adversaries, who, by delays and all other possible means, strive to ruin your poor petitioners and the whole western fishery, and to monopolise the whole trade of herring fishing, to the great prejudice of the kingdom in general, as appears by the certificate of many hundreds of the western fishermen, the certificate of the fishmongers in London, and a remonstrance of the burgesses of parliament for the sea coast towns in the county of Suffolk.They therefore most humbly pray, That your lordships would be graciously pleased to appoint a day of meeting, with the rest of the reverend judges; and that the counsel on both sides may attend your lordships, so that in a convenient time you may report your sense to their lordships in parliament, as is desired in their orders of the 20th of this present June.And your petitioners, as in duty bound, shall ever pray.
To the right Honourable SirROBERT FOSTER,Knt.,Lord Chief Justice of England;and SirORLANDO BRIDGEMAN,Bart.,Lord Chief Justice of the Common Pleas.
The HumblePETITIONof theINHABITANTSof Lowestoft in the County of Suffolk,
Sheweth,
That your poor petitioners having had several hearings before his Majesty in council, concerning the differences between them and the rich inhabitants of Yarmouth, respecting the free trade of herring fishery; who thereupon was pleased to refer the same to the right honourable the Lords assembled in Parliament, who, upon a full hearing thereof, were pleased to refer the matter of law to the reverend judges, to consider whether the statute of 31 Edward III, ch. i and ii be repealed by the statute 2 Richard II, ch. vii., or by any other statute, and to report their opinion to the house accordingly. And your petitioners having awaited six months for relief, and being quite worn out with expense and attendance, and are not able any longer to contend with such powerful adversaries, who, by delays and all other possible means, strive to ruin your poor petitioners and the whole western fishery, and to monopolise the whole trade of herring fishing, to the great prejudice of the kingdom in general, as appears by the certificate of many hundreds of the western fishermen, the certificate of the fishmongers in London, and a remonstrance of the burgesses of parliament for the sea coast towns in the county of Suffolk.
They therefore most humbly pray, That your lordships would be graciously pleased to appoint a day of meeting, with the rest of the reverend judges; and that the counsel on both sides may attend your lordships, so that in a convenient time you may report your sense to their lordships in parliament, as is desired in their orders of the 20th of this present June.
And your petitioners, as in duty bound, shall ever pray.
A petition was also presented from the town of Lowestoft to the House of Peers, wherein, after reciting the order of reference to the judges, they doubted not but that their Lordships would evidently foresee the ruin which threatened the town of Lowestoft, the western and northern fishery, and the great damage that would accrue to the city of London and the nation in general; as appears from the certificates of many hundreds of fishermen, and the remonstrance of the fishmongers in London, and the burgesses of the sea-coast towns in Suffolk, if the Yarmouth men were suffered to persevere in the cruel depredations which they had lately practiced; for, exclusive of distressing them in late unhappy wars, assisting Oliver Cromwell in taking and plundering the town, imprisoning many of their principal inhabitants, and causing others to fly beyond the sea, they now distressed them again by sending a vessel, called a man of war to ride in the roads before the town of Lowestoft during the whole herring season, and not suffering the fishers to deliver any herrings in those roads, but compelling them to go to Yarmouth, whereby their petitioners and the western and northern fishermen were greatly injured, and a thousand last of herrings were thereby prevented from being caught. Therefore they humbly beseech their lordships to afford them such relief asthey in their great wisdom should deem meet and reasonable; that so they might follow the trade of herring fishing as usual, and prevent their becoming the most miserable people in his Majesty’s dominions.
To the right honourable the Lords Spiritual and Temporal in Parliament assembled,The humble Petition of the Inhabitants of the Town of Lowestoft,in the County of Suffolk.Sheweth, That your Lordships having been graciously pleased, after several hearings before his sacred Majesty in Council and your lordships in Parliament to recommend the difference between your poor petitioners and the rich inhabitants of Yarmouth unto the reverend judges, to report to your Lordships their sense therein; we doubt not but your Lordships will further understand the threatening ruin which attends both them and the western and northern fishery the damage to the city of London and to the kingdom in general, as appears by the certificate of many hundreds of fishermen, the remonstrance of the fishmongers in London, and the burgesses of this present Parliament for the sea-coasts towns of the county of Suffolk, if the Yarmouth men persevere in their cruel practices, as of late these have done, by spoiling your poor petitioners, as in the late unhappy wars, assisting Oliver Cromwell in taking and plundering the town, imprisoning many of the chief inhabitants, and others, who left their relations, fled beyond the sea into his Majesty’s maritime service; and as if that were not sufficient, when upon his majesty’s most happy restoration, your petitioners hope for a happy and comfortable issue of all their calamaties, even then the men of Yarmouth, taking advantage of your petitioners’ poverty, most cruelly practiced their utter ruin, by sending a man of war as they called her, to ride in the roads before the town the whole season of the herring-fishing, not suffering the fishers to deliver any herrings in the said roads, but forced them to carry them all to Yarmouth; whereby your petitioners and the poor fishermen were despoiled of their trade, and fewer herrings were taken that year by at least one thousand lasts, than otherwise would have been.And whereas his most excellent majesty, with the advice of his privy council, hath been graciously pleased, by his royal proclamation, to promote and encourage the trade of herring-fishery, as his royal progenitors have done; and also sent forth a fleet of burses, which must necessarily suffer proportionably with the other fishery, if the Yarmouth men be suffered to continue such oppressive courses.They therefore most humbly pray. That your lordships would be graciously pleased, out of your great wisdom and pious regard to your poor petitioners and the fishermen, to afford them such relief in this their sad condition as in your grave wisdom shall seem just and fit. That after their so great sufferings expense and delays, they may not be rendered the most miserable people in all his majesty’s dominions, but encouraged to follow their trade of herring-fishing (which time out of mind, they have used as their sole subsistence, and whereby many thousands of families may live and be maintained) the fishery being the nursery of seamen, may be preserved, navigation increased, to the great benefit of the kingdom in general, and the freedom of your poor petitioners from inevitable ruin, and who are no longer able to contend with such powerful adversaries.And your poor petitioners, as in duty bound, shall ever pray, etc.
To the right honourable the Lords Spiritual and Temporal in Parliament assembled,
The humble Petition of the Inhabitants of the Town of Lowestoft,in the County of Suffolk.
Sheweth, That your Lordships having been graciously pleased, after several hearings before his sacred Majesty in Council and your lordships in Parliament to recommend the difference between your poor petitioners and the rich inhabitants of Yarmouth unto the reverend judges, to report to your Lordships their sense therein; we doubt not but your Lordships will further understand the threatening ruin which attends both them and the western and northern fishery the damage to the city of London and to the kingdom in general, as appears by the certificate of many hundreds of fishermen, the remonstrance of the fishmongers in London, and the burgesses of this present Parliament for the sea-coasts towns of the county of Suffolk, if the Yarmouth men persevere in their cruel practices, as of late these have done, by spoiling your poor petitioners, as in the late unhappy wars, assisting Oliver Cromwell in taking and plundering the town, imprisoning many of the chief inhabitants, and others, who left their relations, fled beyond the sea into his Majesty’s maritime service; and as if that were not sufficient, when upon his majesty’s most happy restoration, your petitioners hope for a happy and comfortable issue of all their calamaties, even then the men of Yarmouth, taking advantage of your petitioners’ poverty, most cruelly practiced their utter ruin, by sending a man of war as they called her, to ride in the roads before the town the whole season of the herring-fishing, not suffering the fishers to deliver any herrings in the said roads, but forced them to carry them all to Yarmouth; whereby your petitioners and the poor fishermen were despoiled of their trade, and fewer herrings were taken that year by at least one thousand lasts, than otherwise would have been.
And whereas his most excellent majesty, with the advice of his privy council, hath been graciously pleased, by his royal proclamation, to promote and encourage the trade of herring-fishery, as his royal progenitors have done; and also sent forth a fleet of burses, which must necessarily suffer proportionably with the other fishery, if the Yarmouth men be suffered to continue such oppressive courses.
They therefore most humbly pray. That your lordships would be graciously pleased, out of your great wisdom and pious regard to your poor petitioners and the fishermen, to afford them such relief in this their sad condition as in your grave wisdom shall seem just and fit. That after their so great sufferings expense and delays, they may not be rendered the most miserable people in all his majesty’s dominions, but encouraged to follow their trade of herring-fishing (which time out of mind, they have used as their sole subsistence, and whereby many thousands of families may live and be maintained) the fishery being the nursery of seamen, may be preserved, navigation increased, to the great benefit of the kingdom in general, and the freedom of your poor petitioners from inevitable ruin, and who are no longer able to contend with such powerful adversaries.
And your poor petitioners, as in duty bound, shall ever pray, etc.
The House of Lords being assembled on the 27th of June, the witnesses which were subpœned by the respective parties were called to the bar, to make their several depositions.
TheDEPOSITIONSof theLOWESTOFT WITNESSES,James Mundes,Richard Gillam,Sidrich Seager,John Gill,William Fox,and John Humphrey deposed,1st. That the western fishers and others have frequently delivered herrings in Lowestoft roads in the time of the free fair held at Yarmouth, until this last year, when they were prevented by a man of war.2nd, That the fishers, if they be compelled to carry all their herrings at Yarmouth, will lose a third part of their time, as well as ruin their voyage; because Yarmouth is to the north of Lowestoft, and the choicest sea for herringsis off Lowestoft, and to the southwards twenty miles, so that of necessity the fishermen must come first to Lowestoft, which they can oftentimes gain when it is impossible to get Yarmouth, when the wind is against their course, and may thereby save their night’s drift; but if compelled to go to Yarmouth, must loss sometimes three or four nights, and lose the taking a great quantity of herrings.3rd. That the fishermen may have quicker dispatch at Lowestoft than at Yarmouth, and herrings may be brought fresher to land, and better to furnish the country; and also the ketches and pikers that frequently lay for London, Colchester, Ipswich, and other places, will meet with quicker dispatch than they had lately done.4th. That although the fishers freely sell at Lowestoft, yet Yarmouth may be sufficiently, and as plentifully served with herrings as formerly they have been; and the whole coast may be well supplied, to the great advantage of the nation, the benefit of the country, and the supply of the city of London with fresh victuals. (The above witnesses also proved the inconveniences which would attend the fishermen in particular, as well as the kingdom in general, if there be not free liberty to sell herrings in Lowestoft roads.)5th. That when the fishers come first to Yarmouth, they must sell to none but their hosts, who give them what price they please.
TheDEPOSITIONSof theLOWESTOFT WITNESSES,James Mundes,Richard Gillam,Sidrich Seager,John Gill,William Fox,and John Humphrey deposed,
1st. That the western fishers and others have frequently delivered herrings in Lowestoft roads in the time of the free fair held at Yarmouth, until this last year, when they were prevented by a man of war.
2nd, That the fishers, if they be compelled to carry all their herrings at Yarmouth, will lose a third part of their time, as well as ruin their voyage; because Yarmouth is to the north of Lowestoft, and the choicest sea for herringsis off Lowestoft, and to the southwards twenty miles, so that of necessity the fishermen must come first to Lowestoft, which they can oftentimes gain when it is impossible to get Yarmouth, when the wind is against their course, and may thereby save their night’s drift; but if compelled to go to Yarmouth, must loss sometimes three or four nights, and lose the taking a great quantity of herrings.
3rd. That the fishermen may have quicker dispatch at Lowestoft than at Yarmouth, and herrings may be brought fresher to land, and better to furnish the country; and also the ketches and pikers that frequently lay for London, Colchester, Ipswich, and other places, will meet with quicker dispatch than they had lately done.
4th. That although the fishers freely sell at Lowestoft, yet Yarmouth may be sufficiently, and as plentifully served with herrings as formerly they have been; and the whole coast may be well supplied, to the great advantage of the nation, the benefit of the country, and the supply of the city of London with fresh victuals. (The above witnesses also proved the inconveniences which would attend the fishermen in particular, as well as the kingdom in general, if there be not free liberty to sell herrings in Lowestoft roads.)
5th. That when the fishers come first to Yarmouth, they must sell to none but their hosts, who give them what price they please.
Mr.Palgravedeposed, “That the Yarmouth men frequently discharge herrings out of the fishers before they come to the place where the fair is kept.”
Mr. PalgraveandMr. Samuel Wildproved the place where the fair is held, and at what place proclaimed first.
Mr. Lockington,Mr. Noy,Mr. Green, and the Fishmongers’ certificate also proved the general damage which the fishmongers in London, as well as several other places, and also the kingdom in general would sustain, from their not being privileged to buy herrings at Lowestoft as well as at Yarmouth, as they could not be had so good nor so cheap at the latter place as at the former.
The fishermen’s and the fishmongers’ certificate do testify all the aforesaid matters, and the burgesses in Parliament for the county of Suffolk, do certify the same also.
After hearing the above evidence, their Lordships still declined passing a final determination upon the affair, until the judges, to whom they had referred for their opinion, concerning a point of law, had made their report; and therefore a second order to the judges was issued by their Lordships; wherein, after informing them that the witnesses belonging to both parties in the cause between Lowestoft and Yarmouth having been heard that day at the bar of that House, and being desirous to hear the opinion of the judges, concerning the point of law referred to them, before any resolution was formed, it was ordered, that the judges should be as expeditious as possible in hearing the counsel on both sides relative to the matter in reference, and make their report accordingly, that so their Lordships might speedily terminate the business so long depending before them.
DIE JOVIS, 27º Junij, 1661.This day the witnesses on both sides, in the controversy between the inhabitants of Lowestoft and the bailiffs of Great Yarmouth, were heard at the bar, concerning the usage and custom of fishing and selling of fish, and the House being desirous to hear the judges opinions before any resolution be given between them; it is ordered by the Lords in Parliament assembled, That the judges be desired to expedite the hearing of the counsel on both sides upon the matter of reference mentioned in the order of the 20th of this instant June, and to make their report unto this House, with what convenient speed they can; that so their Lordships may put an end to the business now depending before them.JO. BROWNE, Cleric. Parliamenti.
DIE JOVIS, 27º Junij, 1661.
This day the witnesses on both sides, in the controversy between the inhabitants of Lowestoft and the bailiffs of Great Yarmouth, were heard at the bar, concerning the usage and custom of fishing and selling of fish, and the House being desirous to hear the judges opinions before any resolution be given between them; it is ordered by the Lords in Parliament assembled, That the judges be desired to expedite the hearing of the counsel on both sides upon the matter of reference mentioned in the order of the 20th of this instant June, and to make their report unto this House, with what convenient speed they can; that so their Lordships may put an end to the business now depending before them.
JO. BROWNE, Cleric. Parliamenti.
The judges returned for answer to their Lordships, that their attention being wholly engaged with the great and important affairs of the nation, and also that upon account of the approaching assizes, they were under the necessity of setting off very shortly upon their circuit; therefore they begged to inform their Lordships, that they were unable to deliver their opinion concerning the matter of reference mentioned in the order of the 20th instant, until the monthsof October or December next. Thus the final decision of this long-contested difference was further protracted, and the herring season being now nearly approaching, wherein the Lowestoft men and also the northern and west country fishermen would be exposed to the usual insults and depredations of the Yarmouth men they were seized with the most alarming apprehensions that the moment was now hastily approaching wherein they were to be sacrificed to the malice and revenge of their inveterate enemies. In order, therefore, to divert the impending ruin, and to guard against the danger which threatened them, they once more made application to their former and only protectors, the House of Lords; to whom they addressed themselves in a petition, representing to their Lordships, that they had presented an address to the judges, beseeching them to appoint a day for the counsel belonging to the respective parties to attend them, but by reason of the great and weighty affairs of the nation, and the approaching assizes, they could not deliver their report before the months of October or December next; but that lest, during the interval, their petitioners and the northern and western fishermen should be interrupted in the free exercise of their trade of herring-fishing, which was now approaching, as they were the last year, by the outrageous violences of the Yarmouth men; they implored their lordships, that they might be protected from the oppressions of the enemies during the ensuing herring season, and also until such time as the judges shall have made a report to their Lordships concerning the point of law referred to them in the order of the 20th June last.
To the Right Honourable thePEERSofENGLAND,assembled in Parliament.The HumblePETITIONof theINHABITANTSof the Town ofLOWESTOFTin the County of Suffolk,Sheweth,That your Lordships having been graciously pleased, upon the humble suit and prayer of your poor petitioners, to hear the difference between them and the rich inhabitants of Yarmouth, concerning the herring fishing, and to refer to the judges for their consideration, a matter of law, whether the statute of 31 Edward III, ch. i and ii be repealed by the statute of 2 Richard II, ch. vii, or by any other statute. And your petitioners having accordingly made their humble address to their Lordships to appoint a day for the counsel on both sides to attend them, who, by reason of the great and weighty affairs of the nation, and the approaching assizes, and not answer your Lordships’ desires therein before the months of October or December next. And lest, in the meantime, your petitioners and the poor fishermen should be disturbed in the free exercise of their trade of herring-fishing now nearly approaching, to the threatening ruin of them and their families, as the men of Yarmouth practised the last year by force and violence.They therefore most humbly pray, That your Lordships would be pleased, out of your great wisdom and pious regard to your poor petitioners, to afford them relief in this their so great sufferings in the late war, a lamentable fire, and great expenses in this unhappy contest, that they be not rendered the most miserable people in his Majesty’s dominions; but that they may, by your Lordships’ protection, be encouraged to exercise their trade of herring-fishing, without molestation from the Yarmouth men, the purchasing a present subsistence for themselves and families, until the judges shall deliver their opinion to your Lordships, in pursuance of your orders.And your petitioners, as in duty bound, shall ever pray, etc.
To the Right Honourable thePEERSofENGLAND,assembled in Parliament.
The HumblePETITIONof theINHABITANTSof the Town ofLOWESTOFTin the County of Suffolk,
Sheweth,
That your Lordships having been graciously pleased, upon the humble suit and prayer of your poor petitioners, to hear the difference between them and the rich inhabitants of Yarmouth, concerning the herring fishing, and to refer to the judges for their consideration, a matter of law, whether the statute of 31 Edward III, ch. i and ii be repealed by the statute of 2 Richard II, ch. vii, or by any other statute. And your petitioners having accordingly made their humble address to their Lordships to appoint a day for the counsel on both sides to attend them, who, by reason of the great and weighty affairs of the nation, and the approaching assizes, and not answer your Lordships’ desires therein before the months of October or December next. And lest, in the meantime, your petitioners and the poor fishermen should be disturbed in the free exercise of their trade of herring-fishing now nearly approaching, to the threatening ruin of them and their families, as the men of Yarmouth practised the last year by force and violence.
They therefore most humbly pray, That your Lordships would be pleased, out of your great wisdom and pious regard to your poor petitioners, to afford them relief in this their so great sufferings in the late war, a lamentable fire, and great expenses in this unhappy contest, that they be not rendered the most miserable people in his Majesty’s dominions; but that they may, by your Lordships’ protection, be encouraged to exercise their trade of herring-fishing, without molestation from the Yarmouth men, the purchasing a present subsistence for themselves and families, until the judges shall deliver their opinion to your Lordships, in pursuance of your orders.
And your petitioners, as in duty bound, shall ever pray, etc.