Chapter VII: Section IV (3)

Whereas, King Edward the Third, at the parliament holden at
Westminister the Monday after the week of Easter, in the 31st year of
his reign, amongst other things, ordained, that none hang herrings in
no place about the haven of Yarmouth, by seven miles, except in the
three towns of Yarmouth, that is to say, Easton, Weston and Southton,
unless it be the herrings of their own fishing. And whereas, the
said King, by his letters patent, in the 46th year of his reign,
among other things did grant unto the bailiffs, burgesses, and good
men of Great Yarmouth, in the county of Norfolk, in the time of
herring fishing, no fair should be kept, nor buying nor selling by
way of merchandise, should be had anywhere within the space of seven
miles about the said town, of herrings or other merchandise. The
which letters patent and grant were afterwards revived and confirmed
by act of parliament in the 10th of Richard II. And by colour and
pretence of the aforesaid statute and letters patent the aforesaid
bailiffs and burgesses of the said town of Yarmouth, have of late
years, practised, in the principal time of herring fishing viz., from
the feast of St. Michael the Archangel, forty days then next
following, to restrain buying and selling of herrings, and making of
white and red herrings, in other towns and places on the sea cost of
Suffolk and Norfolk, above seven miles from the said town, and the
place where the fair of herrings is yearly kept, contrary to the true
meaning of the statute and letters patent above mentioned; by means
whereof great debates and controversies have been moved, the trade of
taking herrings greatly decayed in the coast of Suffolk and Norfolk,
and likewise the trade of making of red herrings, which was more
proper to that part of the realm than to any part of the world else,
is now transferred into the parts beyond the seas, to the great hurt
and undoing of the inhabitants of divers coast towns in the said
counties, and to the general hurt of all fishermen using the trade of
herring fishing; for that by means of this restraint there is nothing
so many herrings taken as otherwise might be; and of these that be
taken, the fishermen, to avoid this restraint, endeavour themselves
to utter some greater quantities of herrings unto Hollanders,
Zealanders, and Frenchmen, than they were wont to do, whereby the
price of herring, red and white, is more than double increased, to
the hurt of all the commonalty of the realm of England. Now,
therefore, for the avoiding of the above mentioned and other
inconvenience that in time to come may ensue, if remedy be not herein
provided, be it enacted by the queen’s most excellent majesty, the
lords spiritual and temporal, and the commons in this present
parliament assembled and by authority of the same, that the aforesaid
seven miles, mentioned in the aforesaid statute, shall be measured
from that part of the said town of Yarmouth whereabout the fair of
herrings is kept, which is the crane key, within the said town; from
thence the usual ways southwards and northwards by the sea shore; and
at the end of either of the said seven miles, apparant marks shall be
fixed, such as may be seen as well upon the sea as upon the land, as
a manifest declaration how far the liberties claimed by bailiffs and
burgesses of Yarmouth shall extend upon the sea coast of Suffolk and
Norfolk, either by sea or by land, concerning the buying, selling and
hanging of herrings; and that either of the said seven miles shall be
accounted to contain eight furlongs, and every furlong to contain in
length, forty poles or perches, and every pole or perch to contain
sixteen feet and a half; and that the high sheriffs of the counties
of Norfolk and Suffolk, or their deputies, shall before the feast of
St. Batholomew the apostle, now next coming, measure seven miles, in
manner and form aforesaid from the said crane key, over the haven,
thence southwards, and at the end of the said seven miles six
apparent marks as aforesaid; and so before the said feast of St.
Batholomew, measure seven miles in manner and form aforesaid, from
the said crane key and at the end of the said seven miles six
apparent marks as aforesaid; and that either of the said sheriffs of
the said counties of Suffolk and Norfolk, for the time being, shall
take such orders from time to time in their several counties, that
the said marks shall be continued for ever. And the aforesaid
bailiffs, burgesses, and community of the said town of Yarmouth, or
the barons of the five ports, or any of them, shall not, at any time
hereafter by colour of any manner of liberties, jurisdictions or
privilege, claimed to belong to them or any of them, by reason of the
aforesaid statute or letters patent, or any other statute, charter,
usage, or rescription, restrain or inhibite any person whatsoever,
buying, selling, changing, or discharging of herrings, in any place
or places whatsoever, being without the compass of the said seven
miles.

Thus was this litigious and long-disputed difference, which had subsisted between Yarmouth and Lowestoft for a great many years, and had been prosecuted with the utmost vehemence, at length happily concluded. Nevertheless it afterwards appeared, that during these dissensions the seeds of animosity had been so profusely scattered and became so deeply rooted in the breasts of the contending parties, that it was impossible to eradicate them even by the most lenient and conciliating measures; and, consequently, the apparent reconciliation proved, in reality, little better than a truce, in order that the parties might be enabled to renew their differences with greater vigour.

In the year 1659 we find, that the former disputes between Yarmouth and Lowestoft respecting Kirkley road and the admeasurement of the seven miles, the boundary of the liberties of Yarmouth, were again revived. During the further prosecution of this affair, the burgesses of Yarmouth traversed the same ground as they had done before; and insisted that Kirkley road, which was united to their haven by the statute of the 46th of Edward III. was opposite to the town of Kirkley, and consequently to the south of Lowestoft; and that the seven miles which circumscribed their liberties were not to be measured from the Crane quay, but from the haven’s mouth; and the better to obviate every objection that might be alleged against them, and that their new pretensions might carry the greater appearance of justice, they had provided, that in the recital of the statute of the 46th of Edward III, in the renewal of their charter in the reign of James I. to have the situation of Kirkley road described as opposite to the town of Kirkley, notwithstanding it is represented in the original statute as being contiguous to the haven’s mouth; and having thus removed the greatest obstacle to a successful renewal of their pretensions, they only waited for a favourable opportunity of carrying their designs into execution. In the year 1659, this desirable and much-wished-for opportunity presented itself. A time when the inhabitants of Lowestoft were overwhelmed with the greatest misfortunes; when their unshaken loyalty, during the late rebellion, had exposed them to all the distresses which soldiers living in free quarters could involve them in; when their principal inhabitants (whom they wanted to defend their rights) were employed as commanders of the royal navy, and their sailors were absent in manning the fleet; when they were reduced to the greatest poverty and distress by a terrible fire, which consumed in the town, houses and merchandise to the amount of £10,000; whilst they were thus struggling under the accumulated miseries of war, fire, and oppression, and sinking under the insupportable burden of those grievous calamities, then it was that the Yarmouth men, imagining that the happy period had arrived when they might renew their pretensions without opposition, and pursue them with success, contrary to all legal authority, renewed their unjust and unreasonable claims, and attacked the almost-ruined and defenceless town of Lowestoft with an armed vessel, which was termed a man-of-war.

In this unhappy situation, when almost every avenue to redress was shut against them, and nothing but the ghastly spectres of poverty and ruin were continually presenting themselves to their alarmed imaginations, no other remedy was left but to implore the assistance of the legislative powers of their country, and to lay before them a true representation of their unfortunate state, which was done in the following complaint, shortly after presented to the lords of the privy council.

A COMPLAINT OF THE TOWN OF LOWESTOFT IN THE COUNTY OF SUFFOLK, TO THE
LORDS OF THE PRIVY COUNCIL.

Whereas the Yarmouth men under pretence of a privilege granted them
in their charter, that no fishers should deliver any herrings within
seven miles of their town during the time of their free fair, which
beginneth at Michaelmas, and continues till Martinmas, have, on one
day of the year, come rowing in small boats into the roads before
Lowestoft, and there have exacted anchorage, although eight or nine
miles distant from Yarmouth; and if they refuse to pay it they
violently take their goods, cruelly beat the fishermen and their
assistants, confiscate their vessels and set grievous fines on them,
on purpose to prevent their delivering any herrings at Lowestoft to
the great damage of the poor fishers and injury of the said town;
who, if compelled to deliver all their herrings at Yarmouth, must
lose at least one third part of their time; and when they do proceed
to Yarmouth, by an ordinance of that town, the first freeman that
comes on board must be his host, and will set the price of the
fisher’s herrings without their knowledge or consent, which commonly
is 20s. to 50s. a last cheaper than they give to their own townsmen,
which the fishers are ready to make appear by certificates, or other
ways; whilst at this town they are free to sell to whom they please,
and are furnished with such necessaries as they want; and if they
like not this market, they are free to sell their fish to any other,
and return to sea again at their own pleasures.

* * * * *

OBSERVATIONS ON THE ADMEASUREMENT OF THE SEVEN MILES AND THE PLACE CALLED
KIRKLEY 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 of Lowestoft; 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 AFFIDAVIT or JAMES MUNDS, OF LOWESTOFT.

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.

* * * * *

THE AFFIDAVIT OF ROGER HOOPER, OF RAMSGATE.

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 he
delivered 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.

* * * * *

THE SECOND ORDER OF THE TOWN OF GREAT YARMOUTH TO THOMAS ALLEN TO
ENTER CORTON ROAD, LOWESTOFT ROAD, AND KIRKLEY ROAD, TO PROTECT THE
LIBERTIES OF THE SAID TOWN OF GREAT 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.

TO THE RIGHT HONOURABLE THE LORDS OF HIS MAJESTY’S MOST HONOURABLE
PRIVY COUNCIL.

THE CERTIFICATE OF THE SEA COAST TOWNS OF PAKEFIELD AND KIRKLEY, 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 MASON
HENRY CROSS, WILLIAM BROWN.

* * * * *

TO THE RIGHT HONOURABLE THE LORDS OF HIS MAJESTY’S MOST HONOURABLE
PRIVY COUNCIL.

THE CERTIFICATE OF THE FISHERMEN OF THE TOWNS OF BRIGHTHELMSTONE,
HASTINGS, RYE, DOVER, RAMSGATE, AND THE REST OF THE WESTERN 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 presume to 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.

* * * * *

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 Edward III, 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 mean time 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.

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 THE KING’S MOST EXCELLENT MAJESTY, THE HUMBLE PETITION OF THE
INHABITANTS OF THE TOWN OF LOWESTOFT, 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 the validity 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.