Chapter III: Section III (1)

OF THE FISHERIES AND MANUFACTORY AT LOWESTOFT.

THE principal commerce subsisting at Lowestoft is derived from its herring-fishery. The town most probably, received its very existence from the convenient situation of its coast for fishermen to exercise the several occupations of a life dependent on those employments; which in the more early ages, extended, very likely, to every kind of fish that the coast afforded; though now, in these more recent times, it is chiefly confined to the herring fishery. The herrings appear on the coast of Shetland in the month of June, and from thence they proceed to the coast of Scotland; but being interrupted in their passage by the Island of Great Britain, they separate into two divisions, one of which divisions, after steering west, or south west, and leaving the Isles of Orkney and Shetland on the north, pass by the western isles, and proceed to Ireland; and there receiving a second retardation, they subdivide, and one part keeps the coast and shore of Britain and passing down St. George’s Channel as far as the mouth of the Severn, where they unite again with their former friends, and the second part of the same division, who had edged off to the west and south-west, and sheering along the western shore of the coast of Ireland, and then proceeding south and south-east, were also entered into St. George’s Channel. The second part of the first division, which was separated off the north part of Scotland having directed their course to the south and south-east, entered the German ocean; and continuing their progress along the coast of Scotland, they proceed to the south, and rounding the high shore of Berwick and St. Abb’s, are not seen any more till they arrive upon the Yorkshire coast, and not in any great quantities till they appear off Yarmouth and Lowestoft; where, after continuing a few weeks, and leaving an immense quantity of spawn, they pass through the German ocean, and entering the straights of Dover continue to proceed along the coasts of Sussex, Hampshire, etc., to the Land’s End, where the two divisions forming a junction, they enter the vast Atlantic ocean.

Herrings have been seen on the shores of North America, though not in such large quantities as have appeared on the coasts of Britain; neither are they seen in America any farther south than South Carolina. But whether these herrings be part of that enormous shoal which first approach the north of Scotland, and instead of confining their progress to the British Isles, extend it to the coast of America; or whether they be part of that vast collection, who, after forming a junction on the coast of Cornwall, launch into the Atlantic ocean, is difficult to determine with certainty. It may, perhaps, be no improbable conjecture to suppose, that the herrings which appear on the American coast are only such as have deserted from the main body of the fish during their continuance in the western ocean. And as it is evident that these fish are never seen in any considerable quantity upon the coast of the more southern parts of Europe, such as Spain, or Portugal, or the southern parts of France, neither in the Mediterranean, or coast of Africa; but, after they have entered the Atlantic ocean, are seen no more till the succeeding summer, on the coast of Shetland. We may conclude, that after the herrings have appeared early in the summer on the northern coasts, and proceeded on the eastern and western sides of the British Isles, discharging their roes, and having formed a conjunction at their general rendezvous near the Land’s End, and launched into the Atlantic ocean, and continued there the remainder of the winter, that they afterwards proceed to the north; and assembling together near the coasts of Greenland, in the Spring they continued their progress from those parts to the south, and in the summer appear again on the north of Shetland and Scotland, thereby performing, in the course of a year, one entire revolution round the islands of Great Britain and Ireland; so that the herring may, without impropriety, be termed a fish of passage.

The convenient situation of the eastern parts of this kingdom for the advantageous prosecution of the herring fishery, and the great benefit which the nation derives in consequence thereof, have much excited the envy of our maritime neighbours, the Dutch; and have frequently induced them to infringe on the liberties which this kingdom is indisputably entitled to, by approaching too near the British coasts, in view either to usurp the whole of this fishery to themselves, or to monopolise a considerable share of it: but the policy of these rivals has hitherto been such, that whenever they perceived that their illegal proceedings were complained of, and threatened to be opposed, they always endeavoured to pacify our resentment, either by compounding for the trespass, or by relinquishing their pretensions, and afterwards having recourse to a more legal mode of conducting their fishery. {39}

It is highly probable, that the herring fishery on this part of the coast originated at Lowestoft, and, in some measure, afterwards transferred itself to Yarmouth: for in the early ages, before Yarmouth was founded, Lowestoft appears to have been the general rendezvous of the northern and western fishers employed in the herring fishery: but when the sand upon which Yarmouth was afterwards built, appeared above the surface of the water, and became dry land, it was then that the fishermen from different parts of England, especially the cinque ports—who were antiently the principal fishermen of England—resorted thither annually to catch herrings; where, finding this sand to be unoccupied, and its situation extremely convenient both for drying their nets, manufacturing their fish, and exhibiting it to sale, they began to erect temporary booths or tents, as their several circumstances required, either to secure themselves from the irruptions of an enemy, or as a shelter from the inclemency of the weather. And for the better keeping the peace and securing to every owner his respective property, the barons of the cinque ports deputed several officers, called bailiffs, to attend this fishery the space of forty days, viz., from Michaelmas to Martinmas, the principal time of the herring season; as it would have been dangerous both to private interest, as well as public tranquility, to have permitted such a mixed multitude of natives and foreigners to have assembled in one place without having a person with proper authority to preside over them, in order to preserve subordination and regularity; and in this manner the herring fishery continued for some time after its commencement at this place, which, probably, happened soon after the landing of Cerdick, the Saxon, in the year 495, as above related; and from which circumstance it was called the Cerdick sand. {40a}

Some years after, as soon as it appeared that the herring fishery was established upon a permanent foundation, and the sand became safe and commodious to reside upon, some of the inhabitants on the western shore, and others from different parts of the kingdom, began to build houses thereon, and for their mutual support and defence founded a town there, from whence arose the origin of Yarmouth; whereby it appears that the founders of Great Yarmouth were chiefly portsmen, or natives of the cinque ports. These portsmen continued to frequent the place for several centuries afterwards, and many of them chose to reside here, and became seized of lands and tenements, some portion whereof, at their deaths they would bequeath to their countrymen of the cinque ports, in order to signify to posterity from whence they came. But as soon as the burgesses of Yarmouth had a charter of liberties granted them by King John, and the barons of the cinque ports having also certain liberties granted them at Yarmouth by the same king, or rather confirmed what they held before by prescriptive {40b} right,—the liberties which were granted to the cinque ports, by interfering with those newly granted to the burgesses of Yarmouth gave rise to the most violent disputes and animosities, such as are not to be paralleled, perhaps, between any other two places in the British dominions; for the riots and depredations which arose from these disputes became at last so very outrageous as to be not only extremely injurious to the contending parties, but even to alarm the whole kingdom.

These violent quarrels and commotions continued to agitate the respective parties, with little permission, until the reign of Queen Elizabeth, when a proposal was made for compromising their differences and establishing a durable reconciliation, by making Yarmouth a member of the cinque ports; but this attempt, however laudable in its intention, proved wholly ineffectual in its execution: nevertheless, we find, that in the year 1576, every circumstance which had afforded matter of dispute was amicably adjusted, and finally settled to the mutual satisfaction of the respective parties: and accordingly an award was published, which contained the following article, namely, “That whereas for every fishing vessel coming to the said free fair, in ancient times, fourpence for toll or custom was paid to the bailiffs of the cinque ports, which afterwards, by composition was reduced to a certain sum of six pounds yearly: but for the sake of restoring peace and quiet it was hereby agreed that the bailiffs of Yarmouth should pay to the bailiffs of the barons of the cinque ports, at their departure from Yarmouth, three pounds and ten shillings only, in recompense and full satisfaction for the said toll.”

After the conclusion of this agreement, the several parties maintained a more peaceable and friendly correspondence with each other than had subsisted for many years before; and persevered in this amicable intercourse until the year 1662, when the annual composition of three pounds and ten shilling being either refused or neglected to be paid by the burgesses of Yarmouth to the bailiffs of the ports, the said bailiffs never repaired to Yarmouth any more in a public capacity. {41a}

The town of Yarmouth having thus driven away the bailiffs of the cinque ports, that place became the general rendezvous of all such vessels as were employed in the herring fishery; and thereby monopolised, in a great measure, the whole fishery to themselves, by confining to the narrow limits of their own haven, the purchasing of all such herrings as were not caught by the boats belonging to the neighbouring towns, and where they were compelled to pay the custom demanded by the town of Yarmouth: for the town of Lowestoft, and all other towns on the coast, an indisputable right to fit out what number of vessels they pleased from their own towns, for the purpose of catching herrings, without being subject to any customs payable to Yarmouth, and also to purchase herrings at sea from certain vessels called ketchmen; but if they could not be sufficiently supplied with herrings by these means, they were then under the necessity of repairing to Kirkley road or Yarmouth haven, where they became subject to the customs due to the town of Yarmouth; for the right of the burgesses of Yarmouth to levy these customs was confined solely to the haven and Kirkley road; and therefore the ketchmen, who sold herrings at sea, thereby evaded the customs and injured the town of Yarmouth; which formerly had occasioned many disputes, particularly in the reign of queen Elizabeth, and probably was the principal motive which induced the burgesses of Yarmouth to force away the portsmen.

The town of Yarmouth, not being satisfied with their late acquisitions, began to extend their views much farther, even so far as to endeavour to exclude the town of Lowestoft from having any share in the herring fishery; and in order to give their designs the greater appearance of justice, they pleaded the Charter, 46 Edward III., for uniting Kirkley road to Yarmouth haven; and pretended that the seven leuks, inserted in that charter as the boundary of their liberties, were not miles, but leagues; and also, that the said leuks were not to be measured from the key of Yarmouth, but from the mouth of the haven which at this time had extended far to the south, and formerly as far as Corton; thereby expecting to extend their liberties beyond the roads of Lowestoft, and consequently wholly to exclude the merchants of that place from a privilege which they had enjoyed from time immemorial, viz., that of purchasing herrings near their own town.

Corton is situated about a mile to the north of Lowestoft, and comprehends upwards of a thousand acres, chiefly cultivated, and prettily diversified with rising grounds and some woods; and contains about thirty-eight dwelling houses, mostly situated in a street, tolerably compact, on a high cliff that commands an extensive prospect of the sea. This parish is a vicarage, and the impropriation, before the dissolution of the monasteries, belonged to the abbey of Leystone, in Suffolk. {41b} It was granted by Henry VIII. to Charles Brandon, duke of Suffolk, and has passed through various hands since to the present owner, John Ives, of Yarmouth, Esq. The advowson of the vicarage formerly belonged to the proprietors of the impropriation; but, by some neglect or other, has been suffered to lapse to the Crown.

The body of the Church is now dilapidated, and the chancel is the only part of it appropriated to divine service. The ruins which are now remaining give evident proof that the building was of considerable dimensions; and the handsome tower, which is still perfect, strongly denotes its original elegance.

Tradition informs us that when the church became ruinous, the parishioners, finding themselves unequal to the task of repairing it, and at the same time thinking it unnecessary, petitioned the bishop of the diocese for his license to suffer it to remain as it was, on condition that, at their own charge, they would fit up and maintain the chancel as a place of public worship, which was granted them, and the chancel was made very adequate to the purpose. But in a long series of years, either by means of the inability, or through the inattention of the people, this too was suffered to fall into decay, insomuch, that in the year 1776, the lead admitted the rain in various places, and pulpit, the desk, gallery, etc., were rotten, and ready to fall down. Under these circumstances, the Rev. Francis Bowness, then vicar, thought it expedient to coincide with the wishes of the generality of the parishioners, to apply to the diocesan for a faculty to dispose of the lead, and lay out the money arising from the sale of it, in the reparation of the building; and notwithstanding much opposition, the perseverance of the vicar prevailed, and he obtained, from the candour of Bishop Younge, a full power to sell not only the lead, but also, if it should be necessary, a large bell, which hung in the porch of the old church. He availed himself of no more than the former part of the license; and with a very small rate added to the produce of the lead, the chancel was again put into complete good order, and divine service is now regularly performed there, and decently attended.

In justice to the merits of the worthy vicar, I hope it will not be thought impertinent to add, that he has been an equal benefactor to the church and the living; that he lives in great harmony with his parishioners, and receives from them that respect, which a constant endeavour to be useful seldom fails to inspire. He was instituted in 1758. The church is dedicated to St. Bartholomew. The vicarage, though of late years much improved by the increased cultivation of the parish, is yet inconsiderable.

The same difficulty which we have to encounter with respecting the origin of Lowestoft Church, presents itself in our enquiry concerning this at Corton, viz.: How so small and inconvenient a village as this seems always to have been, should ever have been able, from any resources of its own, to erect so stately a structure; and if unable of itself, from what other sources did it derive its assistances? In solving this difficulty we must have recourse to the same mode of reasoning as we shall urge hereafter respecting Lowestoft Church, which is, that as the church at Corton was part of the endowment of Leystone Abbey, it is highly probable that this church was first erected and afterwards kept in repair through the assistance of the Abbey, as Lowestoft Church was by the priory of St. Bartholomew, in London.

After the dissolution of the monasteries, when no further assistance could be received from those institutions, and the parish being unable of itself to keep such structure in repair, the building fell to ruin. And the case would have been the same with respect to Lowestoft Church, notwithstanding it was a much larger parish, had not a benefaction of lands, expressly given for repairing and ornamenting the same, been happily recovered at the dissolution of the priory, and prevented the like misfortune.

It is supposed that the village of Corton, in former times, was much larger than it is at present. It is certain there were two churches in the parish, or, at least, a chapel of ease to the mother church; the small remains, still visible at a place called the Gate, tend to confirm the latter opinion, as the old foundations of houses discovered in different parts of the parish, lead to evince the former. Probably the parish had arrived at its most opulent state about the 13th century, when the mouth of Yarmouth haven had extended almost to this place; which added to the adjoining situation of Kirkley road, must occasion a great resort of fishermen, from different parts of the kingdom, to this village.

Some centuries ago there was, contiguous to Corton, another parish called Newton, of which scarce any other vestiges are now remaining, than a stone which supported a cross, called Newton cross, and a small piece of ground, called Newton green; almost every other part of this parish being swallowed up by the sea.

It appears, that in the year 1408, 10th of Henry IV., Yarmouth haven made near Newton Cross; and Swinden informs us, “that the charges and monies bestowed and spente in and aboute repairenge of the haven of the towne of Yarmouthe, and of the fortfienge the same with two greate mayne peeres, which at the firste was cutte a-newe and digged out, into the sea right over agenst the parsonage of Gorleston, and the same haven then runninge alongeste the cliffe as farr as Newton Crosse, was agenst the parsonage stopped up, and there forced to runne into the sea; which was done in the yere of our Saviour 1559. After which tyme, in few yeres, the said haven, for want of two peeres, did eate, and seeke towardes the south, for preventenge of whose olde evell and accustomed course, the towne did begenne this charge, by the advice of a verrye conninge workman, sent for from beyond the sea.”

In 1306 John de Herling, a family of great antiquity in the parish of East Herling, in Norfolk, had free warren allowed him in the manors of Newton and Corton, and died seized of these manors and many others; and left them to his eldest son and heir, Sir John de Herling, Knight, whose brother Robert—a great warrior who followed Henry V. into France, and was killed in 1436—had an estate in Newton and Newton and Corton, as had also Thomas, another brother, at Lounde. The manors of Corton, Newton, Lounde, and Blundeston, together with Lounde advowson, and some others, were in the Herling family, and possessed by lady Anne, daughter and sole heiress of the above Sir Robert, 1408. Soon after she married her third husband, lord Scroop, of Bolton, and was afterwards a great benefactress to Gonvile (afterwards Caius) college, Cambridge; her mother being the heiress of the Gonvile family.

The Yarmouth men attempted also further to prove that that part of the sea called Kirkley Road was opposite to the parish of Kirkley, which is situated about a mile to the south of Lowestoft, notwithstanding the real name of the sea at that place is Pakefield bay.

Kirkley parish lies so contiguous to Pakefield (being separated from it only by the common highway) that it forms a considerable part of what is generally understood by that town. It is situated to the west of Pakefield and on the north side of it lies the lake of Lothing, from whence runs a small inlet, called Kirkley Ham; which, probably, was made use of formerly as a haven for the fishing craft employed by this parish, at the time when the communication between this lake and the sea retained such a sufficient depth of water as to admit vessels of small draught. The chief support of this village, as well as that of Pakefield, arises principally from their fisheries, which formerly were considerable, but are now much declined. It appeared, from an account of the inhabitants of this parish, taken in the year 1676, in pursuance of the penal laws then in force against religious dissenters, that the number amounted to 103, from sixteen years of age and upwards; of which number, 18 were dissenters. Since that time the number of inhabitants has rather increased, whilst that of dissenters has decreased; the former may be owing to the herring fishery being a little revived there; the latter to the toleration which they have since enjoyed; it being evident that the exercise of rigorous measures against religious sects, instead of exterminating them, tends to increase them; probably therefore the relaxing those severities may be the cause of the number decreasing. The church is dedicated to St. Peter, and valued in the King’s books £15 10s.; and till the year 1749 was dilapidated: but this misfortune was in some measure compensated by the minister of Kirkley having permission to make use of the church at Pakefield one part of the Sunday, and the minister of Pakefield to use it on the other part. In this manner both these parishes were supplied for many years, but at length they were parted again. After this separation the incumbent of Kirkley not only declined performing divine service in Pakefield church any longer, but also refused to allow anything to the incumbent of Pakefield for officiating on both parts of the Lord’s day; alledging that he could not legally be compelled to it. The Rev. Mr. Tanner, vicar of Lowestoft, was at that time commissary and official in the archdeaconry of Suffolk; and he failed not to use all the mild persuasive arguments in his power, to prevail on the incumbent of Kirkley to make an allowance, but to no purpose; so that finding him inflexible in his resolution he left him with this threat:—“Sir, if you will not officiate in Pakefield Church I will build you a church at Kirkley, and in that you _shall_ officiate.” Mr. Tanner was as good as his word; for partly at his own expense, and partly with the assistance of his friends and acquaintance, he shortly erected the present church at Kirkley; and divine service has accordingly been performed there ever since. Mr. Tanner collected money from house to house at Lowestoft, and contributed himself twenty guineas. He also preached the first sermon there in the summer, 1750. The old church consisted of two aisles; the north aisle still continues in ruins, and it is only the aisle which constitutes the new church. The steeple is about 72 feet in height, is a good tower, and an excellent sea-mark; but is now somewhat in decay. It contains only one bell. December 5th, 1749, when they began to clear away the rubbish from the ruins of the old church, they discovered (eighteen feet from the east wall, and six from the north) a stone with a brass label containing the following inscription:—“Orate, Pana Thome Melle Clarisi, nup. Rectore, deKerkley, q’ obijit XVIº die augustij Aº do mº VcXXVI cui (ane ppinet des) ame.” That is, “Pray for the soul of Thomas Melle, clerk, late rector of Kirkley, who died 16th day of August, anno. dom. 1526. For whose soul may God provide. Amen.”

And on another label, found in the north isle, a like inscription for one, John Boodherd, who died in August, 1486.

There were several other brass-plated stones taken out of the body of the church and north isle; but were all disrobed, and laid promiscuously under the pews, etc., of the new building.

The old font was broken to pieces, probably by accident, and was left amongst the ruins of the north isle. The font now used in the new church, was brought from the church of Saint —, lately taken down at Gillingham.

Kirkele, Suff, Edmundus de Wymundhale Clamat habere liberam Warennam
in Dominicis terris Suis in Kirkele, etc. Et profert Curtam Dri
Henrici Regis, patris Dri Regis Nunc, que hoc testatur, etc. Plita
Corone, A°. 14° E. I E 4t°. Vide Wymundhale.

Kirkele 33 E I Inter Robertum Rist de North Jernemuth Quer. et Godefr
le Ludham de Mag. Jernemuth, et Constantiam Ux: ejus Imped, de I
Mess. 45 acr. terr et v acr turbar in Kirkele. Pagefelde south
Carlton, Mutford Jus Roberti. Fin: Suff: A°. 33. E. I. Lig 3. No.
151.

Kirkele 1560. Henricus Hobart de Loddon in Com Norf: Arm: Cond:
Testam 17 Oct: 1560 etc. Habuit inter Alia Maneriu de Kirkly, voc:
K. Hall. Terras & Tenemta in K. et alibi in Hundredo de Mutford
perquisit de Antonio Rouse Armigo cum Advoc: Ecclie de Kirkley pred:
etc, probat, 3 May 1561. Ex libro Bircham Regr: Norwic. (Le Neve,
from T. Martin’s Suffolk papers.)

The ascertaining the true situation of Kirkley road, and determining whether the seven miles which terminated the liberties of Yarmouth, were to be measured from the key or the haven’s mouth, occasioned the great law suit between that burgh and Lowestoft.

Pakefield is a considerable large parish about a mile to the south of Lowestoft. Under the general name Pakefield is commonly comprehended not only what is properly called by that name, but also the adjoining parish of Kirkley; and though to a common observer they appear as only one town, yet, in reality, they are distinct parishes, and under different regulations respecting all the branches of parochial government. The town is situated to the east of Kirkley, and extends to the very summit of the cliffs which form its eastern boundary. The German ocean by frequently dashing against the bases of these cliffs, has often received large portions of those ponderous masses, together with the buildings they supported into its voracious bosom. When a raging tide has occasioned an extraordinary fall of the cliffs either here, or at Corton, or Kessingland, the curiosity of the antiquarian is frequently gratified by the discovery of many ancient coins, etc.

There is scarce any trade carried on in this town; what little there is is chiefly in piloting ships to London, catching cods, sprats, etc., and a small part of the herring fishery.

According to Ecton, the church is dedicated to All Saints; but it seems, by the inscription on the communion-cup, to be dedicated to St. Margaret. It is valued in the king’s books at £29 1s. 1d. {45}

It consists of two isles, built nearly uniform; the steeple stands at the west end of the south isle, and contains five bells.

At the east end of the south isle stands the altar; it is elevated on three steps of considerable height, and underneath is a charnel house.

A new pulpit was erected a few years since by the late rector, the Rev. Dr. Leman: the old one was a very ancient piece of architecture; on several parts of it was the figure of a man in a devout posture, with a label issuing from his mouth, containing this inscription:—

Misericordia diu in eternu Cantabo.

That is

I will celebrate the divine mercy for ever.

At the upper end of the south isle, on a fair brass-plated stone, is the following inscription, in Anglo-Saxon characters:—

Here lies master Richard Folcard, formerly rector of a mediety of
this church to the south, who died on St. Martin’s day, in the year
of our Lord, one thousand four hundred.

To whose soul be merciful O God. Amen.

On a brass plate of a man and his wife, with eleven children, in the north isle, is another inscription, in old Anglo-Saxon characters, to the memory of one John Bowf or Bowfe, who died anno millo 6666, XVII.

On a flat marble in the north isle is an inscription to the memory of Philip Richardson, who was rector of Pakefield fifty-one years, and died October 8th 1748, aged 82.

On the north side of the church is a very ancient parsonage-house, built with stone.

On a small silver communion cup is the following inscription:—

X PAKEFELDE-SANTE-MARGARET, 1367.

On a silver paten,

PACKEFELDE.

And on a fine Holland communion cloth,

III III . 1640.

This church was lately much repaired and beautified at the expense of its late rector, the Rev. Dr. Leman; who not only new laid the floor, erected a new pulpit and desk, and placed over a curious old font, a handsome model of the tower and spire of Norwich Cathedral, but also embellished it with many other useful ornaments. He was endued with many excellent qualities particularly charity and beneficense, which he constantly exercised with the greatest liberality, both with respect to his parishioners and to mankind in general; and, consequently, was justly entitled to the following character, which was given of him at his decease:—“He was an admired preacher, a strenuous assertor of the rites and ceremonies of the church of which he was so bright an ornament, and indefatigable in every other part of the pastoral office.”

There is also a meeting house in this parish for the people called Quakers, who have held meetings here for 130 years past, though their number is but small.

Int Rogeru Townesend & Henricum Spilman Quer et Tho: Aslack et Eliz
ux ejus Deforc, Manerij de Elgh als dict Willingham All Saint set
Advoc: Ecclie ejusd: Et Ecclie de Pakefield: Jus Rogeri. Fines Suff.
A.° 10 E. 4 Lig. 1, No. 24.

Edmund Jenney Miles, Cond: Test die Veneris ante fm Nat B. Marr:
Virg. 1522. Habuit int al: Advoc: Ecclie de Pakefield. P.bat 21°
Dec. 1522 ’E libro. (Briggs Regr. Norw. 35 vid. plus in Knodeshall.)

These injuries, and, in a great measure, illegal attempts to exclude the town of Lowestoft from having any share in the herring fishery occasioned a most violent rupture between the towns, and who carried their resentment so far as to fit out armed vessels, to commence hostilities on each others property, and even to commit bloodshed; the one party insisting upon the privileges they pretended to be entitled to by their charter, and the other party as strenuously defending those rights which for many centuries they had enjoyed, without any other interruption than paying the custom due to Yarmouth for the purchase of herrings in Kirkley road. But now it evidently appeared, that an utter exclusion of the Lowestoft men from the benefit of the herring fishery, was the determined resolution of the town of Yarmouth; and, therefore it occasioned the most violent struggles between liberty and oppression that can be well imagined; which continued so long as to make both the parties, most probably, weary of the contention, and agreed at last (in order for settling the dispute) to lay this long-contested affair before the Privy Council; from thence it was referred to the judges, and at last to a hearing before the house of Lords, where the case was finally determined in favour of the town of Lowestoft, as will be more fully shewn in the following section.

Upon an inquiry into the state of the herring fishery, after this contest was decided, it was found that the fishery at Lowestoft, and also at the adjoining towns, was greatly on the decline, occasioned partly by the disputes with Yarmouth, by the civil war in the reign of Charles I, the great fire at Lowestoft in 1644, and the war the nation was then engaged with the Dutch.

In consequence of these distresses, the town of Lowestoft and the neighbouring towns of Pakefield and Kirkley, presented a petition to both Houses of Parliament, requesting their lordships to take the unfortunate state of these towns into consideration, and to grant them relief; and particularly with respect to enforcing the old statutes relative to the consumption of fish in this Kingdom, and also by adding such new ones for that purpose as their lordships might think necessary.

To the right honourable the lords and commons in the high courts of
Parliament now assembled,

The humble petition of the fishing adventurers and fishermen of the
townes of Lowestoft, Pakefield, and Kirtlye, in the countye of
Suffolk,

Humbly sheweth,

That your petitioners have ever chieflye subsisted by the fishing
trade, in catching lingg, codds, and herrings, the staple fish of
this Kingdom; and have, before the unhappye difference fell in this
Kingdom, (the civil wars of Charles I) uttered and soulde greate
quantitye of the said fish, which tendered to the welfare and
mainteyneing of these townes, in regard of the sale they found for
the same, (but nowe so it is.) May in please your honours that our
townes are become very poore, and these adventurers in fishing
affaires so undone, that one half of them are taken off, our
fishermen lamentablye impoverished, and if better encouragement be
not given they will fall to nothing; and these fishermen, the
nurserye of seamen, will be enforced to undertake other employments,
which will prove a greate prejudice to the nation; and for want of
expense of the fish, through our adventures therein are soe much
declined, yet that fish which we have cannot be soulde for twoe
thirde of the price it have formerlye yielded, when twice as much
fish have been taken, whereby manye poore faimilyes are utterly
decayed, and these poore townes will be undone; they wholye depending
upon the fishing trade.

Your petitioners therefore, humblye pray your honours will be pleased
to take the premises into consideration, and in your greate wisdomes
make provision for the reveiveing of the ould good lawes, and making
such additional lawes, that from henceforth fish may be more expended
in this Kingdome. That soe your petitioners may be inabled to
adventure in the fisherye as formerlye, and thereby support
themselves, the fishermen, and theire faimilyes.

And your petitioners, as in dutye bound, shall ever pray.

John Youell, vicar, Thomas Tye, John Landifield,

Samuel Pacy, James Reeve, James Sprat,

Peter Durrant, Robert Bell, Simond Spicer,

John Durrant, Thomas Harvey, Richard Drake,

John Wilde, Ar. Jermey, John Drake,

Tho. Uttinge, Thomas Ashby, Robert Bray,

John Gardinar, William Pearson, William Fowler, sen.,

Richard Spendlove, Thomas Felton, John Colby,

Robert Daines, Edward Long, Thomas Fowler,

Robert Ashby, John Longe, William Thurrkettle,

John Gardinar, Robert Botson, William Wood,

Robert Hawes, Francis Botson, William Church,

Thomas Bolton, Cornelles Landifield, Obed Haulsworth,

Francis Mewse, Henry Ward, George Wooden,

Thomas Newton, John Fowler, William Browne,

William Shorting, Thomas Batchelor, John Barber,

Stephen Corfin, James Spicer, John Munds,

John Uttinge, Simon Mewse, William Seagoe,

Thomas Harrould, William Harrould, William Richman,

Matthew Reeve, John Postle, Thomas Church.

John Soane, John Kittrige,

Thomas Mighells, John Bootey,

To this petition were annexed several proposals tending to the improvement of the herring fishery; and both together were transmitted to Sir John Pettus, to be by him presented to the committee appointed by Parliament for drawing up an Act for the further support and advancement of the herring fisheries, these complaints were so far attended to by Parliament that the petitioners obtained for the further increase of their fisheries; and also seamen and shipping; together with other privileges of considerable importance.

A trewe copy of the severall proposalls sent to London this 24th of
February, to Sir John Pettus, to be offered to the courtte of
Parliament, 1670.

IMPROVEMENTS FOR ADVANCING THE FISHING TRADE.

1st. That the fishers be free from payeing costome or excyse for any
materralls to build, finish, victuall, repayre, and fitt to sea,
their vessells, on their respective voyadges for herring, codd, ling,
or any other fish.

2nd. That the fishers be free to dispose of their fish at all tymes,
in all places for their most advantage, within his majesty’s
dominions and countries, without restraint of corporation, or any
othor place or places whatever. And that noe person or persons be
excluded that trade.

3rd. That one year’s assessment for the pore may be advansed in the
respective parishes in England, to be employed in building convenient
houses in the chefist of their townes; and for stocke for hempe, to
sett the pore and idle persons oute of imployment to work to spinn
twine and make netts.

4th. That when one yeare after such housis be built, stocke of hemp
provided and the pore sett on work to make netts; that all forryne
nets be exhebated, upon payne of forfeiture of the same.

AND FOR THE EXPENCE OF FISH, TO SUPPORT THE FISHERS.

1st. That all persons of abilitie may have a small quantitie of fish
and herrings imposed on them, at the common rate, according to their
qualitie.

2nd. That tooe fish days in the weke be duly observed, and no flesh
spent unless for good reason they be lysensed by the mynister of the
parish.

A BILL FOR CARRYING ON THE FISHING TRADE, AND FOR INCREASE OF SEAMEN
AND SHIPPING.

Whereas the sovereignty of the British seas hath been ever (tyme out
of mind) a flower inherent in the crown of England; and whereas the
principall supporte thereof, as alsoe of the safetye and welfare of
the English nations depend upon multidudes of shipping and seamen.
And whereas the fishing trade doth above all others breede and
increase seamen and shipping; and alsoe employes greate nombers of
all sortes of impotent and aged people, as well women as children,
above any other trade, in spinning, making and tanning netts, and in
making roapes and sailes; and alsoe in curing, dressing and drying
herrings, pilchards, ling, cod, salmon, and other sortes of fish, and
otherwise. And whereas this soe advantagious and beneficiable trade,
wherein the crowne, strength, and safetye of England is soe much
concerned, and whereby innumerable people of all sorts might be
maintained, is of late years become neglected, and in hazard to be
wholly lost, to the indangering not onlye the soveraignty of the
British seas, but also of the safetye of these three nations, if not
timelye prevented. And whereas it is impossible for the people of
England to attaine unto a share in the taking of herrings, ling, cod,
or other fish, to be pickled or otherwise cured and vented in
forreigne countryes, unless they be in all respects enabled to
builde, furnish and victuall busses and other fishing vessels, to
catch them as cheape as other nations; and that the returnes of the
said fish, more than shall be found usefull for England, may be
brought into England and shipped out againe into any forreigne parts
with as little charge and trouble as merchants, fishermen and others,
in like cases, are put unto other countryes. Be it therefore enacted
by the King’s most excellent maiestie, and by and with the advice and
concern of the lords spirrittuall and temporall and commons in
Parliament assembled, that all materialls and provisions for
building, furnishing, victualling, or repayring of busses or other
fishing vessels, or otherwise, to be imployed or spent in and about
the fishing trade upon certificate of the trueth thereof, shall be
freed from paying the duty of costomes and excise. And be it further
enacted, by the authority aforesaid, that all victuallers, inns,
alehowses, ordinaries, chaundlers, vintners, and coffeehowses,
according as they are better accustomed one then another, be and are
hereby obliged to take of such merchaunt or other person as shall
first tender the same in such porte or other convenient towne or
cittye, upon a river neare unto theire respective habitations (as his
maiestie, by advice of his right honourable privye council shall
appoint) and cause notice thereof, by letters or otherwise in writing
to be left here, and a copy thereof to be left with the cheife
magistrate or chiefe officer, of such cittye, porte, or towne, or
with theire respective officers or servants in that behalfe, one,
two, three, four, or more good and merchantable barrells of herrings
of herrings yearly, at such tymes and prise as his maiestie, by
advice of his right honourable privye councill shall appoint dureing
the term of seven years, to commence immediately after the end of
this present sessions of Parliament, upon penalty of double the said
prise unto the owners of the said herrings soe tendered by due course
of lawe in any of his maiestie’s courts of justice, etc.

The town of Lowestoft soon after presented another petition to the lords spiritual and temporal, praying to be relieved from paying a duty of two shillings and sixpence per barrel upon all such beer as should be used in the herring fishery; which petition was also accordingly granted.

To the right honourable the lords and Commons now assembled in the
high Court of Parliament,

The humble petition of the inhabitants of the towne of Lowestoft, in
the countye of Suffolke,

Sheweth

That your petitioners have ever cheifliest subsisted by the fishing
trade, which for many yeares have much decayed, and your petitioners
greatly impoverished by reason of the late wars and dearness of
tacklin. {48}

That notwithstanding the officers for the excise have required the
duty of twoe shillings and sixpence per barrell upon all fishing
beer, which in noe tyme past have ever bene demanded; and for
non-payment thereoff, have taken some of your petitioners goods,
which doth much add to the decaye of youre poore petitioners trade,
and discurridgement in the pursuite of theire calling; good bread and
beer being theire cheifest comfort.

Wherefore they most humbly pray that your honours would be graciously
pleased to take into your considerations, that the excise uppon
fishing beere, may wholly be taken off, as in your grave wisdomes
shall be thought fitt; that youre poore petitioners may be
incorridged comfortably to followe theire calling.

And your petitioners, as in duty bound, shall ever pray, etc.

It is evident, from the above petitions, that Pakefield and Kirkley, etc., were involved in a considerable share of the misfortunes which distressed Lowestoft; and that in petitioning for relief under the hardship respecting the fishing beer, the towns mutually concurred, as appears by the following letter:

TO MR. JAMES WILDE, AT LOWESTOFT.

Sir,—By order of Henry Trott, from yourself, these are to certifye
you, that here is belonging unto these townes of Pakefield and
Kirkley, 14 fisher boats; which in their several voyages of one year,
by estimation of us whose names are under-written, may expend nine
tunns of beer each boate, which in the whole, is 126 tunnes, which is
all at present from them that are

Yours at command,
JO. FOWLER and others.

Pakefield, this 9th of January, 1670.

The state of the herring fishery at Lowestoft and the adjoining towns, in the year 1670, will appear from the following account; together with what beer they respectively expended that year:—

LOWESTOFT.

Thomas Mighells 3 boats Thomas Wilde 1 ,, Robert Barber 1 ,, John Wilde 2 ,, Margaret Munds 1 ,, Richard Church 1 ,, Richard Jex 1 ,, Thomas Ashby 2 ,, William Rising 1 ,, Joe Wilde 2 ,, Nicholas Utting 1 ,, Samuel Pacy 2 ,, John Landifield 3 ,, John Utting 1 ,, Thomas Hayles 1 ,, Henry Ward 1 ,, Joe Pacy 1 ,, Total 25 boats

Twenty-five at nine tuns each, is two hundred and twenty-five tuns.

Pakefield and Kirkley 14 boats. Southwold, 8 herring boats and 3 Iceland boats 11 ,, Alborough, 2 herring boats and 3 Iceland boats 5 ,, Corton 2 ,, Dunwich 1 ,, Total 33 boats

These 33 boats from Pakefield and Kirkley, etc., together with 25 boats from Lowestoft (the towns which joined in the petition), expending nine tuns each boat, make the consumption of beer, in the whole, to be 522 tuns.

A few years after, the merchants of Lowestoft presented a petition to the lord-treasurer, praying that they might have the further privilege of importing coals, and exporting corn and other goods, for the benefit of the said town; which petition his lordship reported to the lords of the privy council, who granted the request.

THE ORDER FOR IMPORTING COALS, AND EXPORTING
CORN, ETC., AT LOWESTOFT.

After our hearty commendations—Wee have received your report of the
12th instant upon the petition of the inhabitants of Lowestoft;
praying that corne and coles may be exported and emported there as
well as other goods mentioned in a report by you to the late
lord-treasurer of the 15th of October last. In which report of the
12th instant you gave us your opinion that the petitioners may have
liberty to export corn from Lowestoft, due entryes being first made
at Yarmouth. But not to emport it thither from beyond the seas.
Also that they may emport sea coles thither due entreyes being first
made at Yarmouth; but not to export them from thence to parts beyond
the seas. And that, when the officers at Yarmouth shall see it
necessary, an officer be sent over to Lowestoffe, the petitioners
paying the officer such allowance per diem for his paines as shall be
reasonable. These are therefore to pray and require you to give the
necessary orders and directions for permitting and suffering corne to
be exported, and sea coales to be imported at Lowestoft aforesaid,
provided that due entreyes be made at Yarmouth; and that when the
officer at Yarmouth see it necessary, an officer be sent over to
Lowestoft, and gain for his pains according to the said Regulation by
you proposed. And for soe doing this shall be your warrant.

Whitehall Treasury Chamber, the 24th May, 1679.

To our very loving friends the Commissioners of his majesties
customs.

ESSEX. J. ERULE
ED. DERING
S. GODOLPHIN.

Their lordships also at the same time issued another order to the commissioners of the customs informing them, that the merchants at Lowestoft should have liberty to import salt for curing fish, and also to import all such materials as are generally used for fishing vessels, as tackling, etc.

After our hearty commendations—Whereas upon a petition presented to
the late lord treasurer, by the inhabitants of Lowestoft, praying
that an officer might be settled in the saide towne for receiving
their entreys with his maiesties customes, and for granting coequetts
for exportation of goods, or that the chiefe officer of his maiesties
customes in Yarmouth, upon the petitioners making honest and just
entreys, may permit the landing theire goods at Lowestoffe. And upon
reference made of the said petition unto you, you did in a report
made to the said late lord-treasurer of the 15th October last, set
forth,—That the petitioners alledge theire having beene of late
denyed to land theire goods at Lowestoft, notwithstanding they have
entered them, and paid his maiesties dutyes at Yarmouth, and profered
to be at the charge of an officer to see the delivery of them, but
are forced to deliver them at Yarmouth, where the towne dutyes are
great, and the charges (in regard of theire distance from the port of
Yarmouth), also greate, especially upon salt for the fishery, which
they cannot carry without greate and apparent loss; for which cause
they were compelled to send their ships last yeare beyond the seas
with theire goods, whereof his maiestie lost his customes, and the
petitioners were much damnified. They likewise alledge that to land
the grosser sort of goods at Yarmouth, it would consume almost a
quarter part of their profitt to get them home. That the said towne
of Lowestoffe is increased in shipping to the number of sixty
vessells which is more considerable than both the townes of Southwold
and Aldeborough, at each of which townes is an officer to receive
entreyes and to grant coequetts. On the other side you set forth,
that Southwold and Aldeborough are members of the port of Yarmouth,
where antiently there hath been established a collector, and the
patent officers of that port are required by law to keep theire
deputyes in the said members; but that Lowestoffe is but a creeke in
the said porte, where the patent officers are not required by law to
have theire deputyes to attend, although it be much increased in
shipping. And that it would be a great charge to his maiestie, and
the patent officers, to make it a port of receipt, and a member
annexed to the said port. That you have also received the report of
Mr. Dumsteir, one of the general surveyors, and the patent officers
and surveyors of the port of Yarmouth upon the said petitions. Wee
are of opinion that it would be to the prejudice of his maiesties
customes, besides a charge to his maiestie, to settle a collector
there. That great frauds have been formerly practised in the Port of
Yarmouth, where with much difficulty things are brought in some good
order. That you are of opinion, that by giving the general liberty
desired by the petitioners, the same frauds would be practised at
Lowestoffe. But as to the importing gross goods, viz., salt, timber,
deale boards, pitch, tarr, rozine, iron, hemp, ropes, cordage, and
pantiles; and as to the exporting butter, cheese, and fish, you think
they may be laden and unladen at Lowestoffe, entreyes being first
duly made at Yarmouth, and an officer being sent over to Lowestoffe,
when the officer at Yarmouth shall see it necessary, they at
Lowestoffe payeing the officer such allowance per diem for his paines
as shall be reasonable. Wee have considered what you have set forth
and proposed as aforesaid in your said report and do accordingly
order and direct that you permitt and suffer the gross goods before
enumerated to be respectively imported and exported at Lowestoffe in
such manner and under such regulations, as you advise in your report
above received, and that you give such directions to the officers
whom it concerns as may be necessary in this behalf; and for soe
doing this shall be your warrant.

Whitehall Treasury Chamber, June 6th, 1679.

To our very loving friends the commissioners of His Maisties
customes.

L. HYDE,
E. D. DERING,
S. GODOLPHIN,
J. ERULE.

The herring season begins on the eastern coast of England about a fortnight before Michaelmas, and continues till Martinmas. The number of boats annually employed at Lowestoft in this fishery, upon an average from the year 1772 to 1781, was about 33; and the quantity of herrings caught in each of those years, was about 714 lasts, or 21 lasts to a boat, which makes the quantity of herrings caught by the Lowestoft boats during that period to be 7140 lasts. These herrings were sold, upon an average, at about £12 10s. per last, which makes the whole produce arising from the sale of the said fish to be £89,250. After the year 1781, the number of boats employed in this fishery were rather less, occasioned by the war with the Dutch and other powers. {51}

At the beginning of the season, the boats sail off to sea about thirteen leagues north-east from Lowestoft, in order to meet the shoals, or second part of the first division of the herrings (mentioned in the beginning of this section), which separated off the north part of Scotland. Being arrived on the fishing ground, in the evening (the proper time for fishing) they shoot their nets, extending about 2,200 yards in length, and eight in depth, which, by the help of small casks, called bowls, fastened on one side, at the distance of 44 yards, from each other, cause the nets to swim in a position perpendicular to the surface of the water. If the quantity of fish caught in one night amounts only to a few thousands, they are salted, and the vessels, if they have no better success, continue on the fishing ground two or three nights longer, salting the fish as they are caught, till they have obtained a considerable quantity, when they bring them into the roads, where they are landed, and lodged in the fish houses. Sometimes when the quantity of fish is very small, they will continue on the fishing ground a week or ten days; but in general they bring in the fish every two or three days, and sometimes oftener, especially when the quantity amounts to six or seven lasts, which frequently happens, and instances have been known, when a single boat has brought into the roads, at one time, twelve or fourteen lasts.