Chapter VIII: Section IV (4)

The Lowestoft people having conceived the highest expectations of an amicable adjustment of their differences with Yarmouth at the late hearing of their cause before the privy council, were extremely chagrined and disappointed at its being referred to the House of Lords; especially as their inability (from their late misfortunes) to continue the contest, and the continual interruptions and depredations of the Yarmouth men, had rendered a final decision of the affair absolutely necessary. In this critical situation of their affairs, they thought it necessary, as preparatory to the introduction of their cause before the House of Lords, to present a petition to their lordships informing them, that whereas, from time immemorial, they had enjoyed the free trade of buying herrings of the western fishers in the roads of Lowestoft; but that the Yarmouth men, taking advantage of their late misfortunes by fire and civil wars, had greatly interrupted and annoyed them, and threatened them with the total destruction of their fishery, and, consequently, with the utter ruin of their town. That they had laid their case before his majesty and the privy council; that it had been referred by them to the attorney-general, that the opinion of the attorney-general had been laid before his majesty and the privy council; who, after due examination of the premises, were pleased to refer a further investigation thereof to their lordships, recommending such redress of the grievances complained of as they should think just and equitable. Therefore the said petitioners humbly besought their lordships, that they would be pleased to take the matter into consideration, and afford them such immediate relief as would prevent the annihilation of the fishery, the ruin of the town, and the great loss and inconvenience of the nation in general.

On reading of the above petition before the house of lords, their lordships ordered, that the cause so long depending between the said towns should be heard at the bar of that house by such counsel as should be retained on each side, on the seventh of June, 1661; and that the said petitioners should give timely notice thereof to the inhabitants of Yarmouth, and that both parties do attend the same hearing.

DIE SABBATHI, 25º MAIJ, 1661.

On reading the petition of the inhabitants, of the town of Lowestoft,
in the county of Suffolk, this day in the house, concerning a free
trade of fishing, which the petitioners complain they are molested in
by the inhabitants of Great Yarmouth, it is ordered, by the lords in
parliament assembled, that the cause shall be heard at this bar, by
counsel on both sides, on the seventh day of June next. And that the
petitioners, or some of them, shall give the said inhabitants of the
town of Yarmouth, timely notice thereof, and that both the said
parties do attend the said hearing accordingly.

JOHN BROWNE, Cleric. Parliamenti.

The state of the town of Lowestoft, and the herring fishery, on which it solely depended, were now become truly alarming; the towns of Ipswich, Orford, Alborough, and Dunwich apprehended also their being involved in a share of the calamity; and the company of fishmongers in London, as well as the numerous body of fishermen on the coasts of Sussex and Kent, evidently foresaw the distress and inconveniences which must inevitably ensue should the town of Yarmouth be permitted to monopolise the whole trade of the herring fishery to themselves. Alarmed with these apprehensions, and stimulated with the desire of independence, they united their utmost efforts in one common interest, in guarding themselves against the oppressions of the Yarmouth men, which, it was too evident, they were most industriously endeavouring to burden them withal.

The first who offered their assistance to the Lowestoft men in this difficult but necessary undertaking, were the fishmongers of London. They presented a certificate to the house of Lords; wherein after premising that several petitions had been presented to his majesty and the privy council, from the town of Lowestoft, representing the injurious proceedings of the town of Yarmouth; and also his majesty’s reference of the case to their lordships they further certified, to the house of Lords; wherein, that Lowestoft was a very antient town; had always subsisted chiefly by the herring fishery; that they had, from time immemorial, enjoyed the privilege of having herrings delivered in the roads off that town until the last year, when they where interrupted by the Yarmouth men, under a pretence, that by virtue of a charter they had granted to them, no fishers were authorised to deliver any herrings during the continuance of their herring fair, or from Michaelmas to Martinmas, within the distance of seven miles from the mouth of their haven; that were the Yarmouth men permitted to persevere in these injurious proceedings, it would be attended not only with great prejudice to the town of Lowestoft, but the utter ruin of the western fishery, and would also be extremely detrimental to the nation in general, exclusive of many other inconveniences.—Seventy-eight of the London fishmongers attested the truth of the premises under their own hands and prayed for relief.

A petition was also presented at the same time from the towns of Ipswich, Orford, Alborough, and Dunwich, similar in general to the above petition from the fishmongers of London; entreating their lordships, that the town of Lowestoft may not only enjoy their ancient freedom of buying and selling herrings on every occasion, but also be protected for the future against the interruptions of the town of Yarmouth; and that each town might enjoy the common right of the nation without any restraint or limitation from each other, as the most effectual means of preventing a monopoly, and rendering the herring fishery of more general utility.

TO THE HONOURABLE THE PEERS OF ENGLAND ASSEMBLED IN PARLIAMENT.

THE HUMBLE PETITION OF THE BURGESSES ETC., FOR THE TOWNS OF IPSWICH,
AND DUNWICH IN THE COUNTY OF SUFFOLK,

Humbly shewing,

That your petitioners being informed, that his majesty, together with
his council have recommended the case between the towns of Lowestoft
and Yarmouth, concerning the free trade of herring fishing, to your
lordships’ care and determination; your petitioners do think fit to
recommend some particulars to your lordships’ consideration.

1st. That the town of Lowestoft is more antient than the town of
Yarmouth.

2nd. That Lowestoft is in the county of Suffolk, and Yarmouth in the
county of Norfolk.

3rd. So that it seems unreasonable to us, that the town of Yarmouth
should infringe upon the town of Lowestoft, which is a more antient
town than Yarmouth, and in a distinct county, and full nine miles
distant, and thereby not only bring a prejudice to Lowestoft, but to
the whole coast of Suffolk, and consequently to the whole trade of
herring-fishing, by their destroying the common right which the
western fishermen and the city of London have enjoyed by trading with
our coast rather than Yarmouth, to the great advantage of the whole
nation; whereas such a monopoly as the town of Yarmouth pretends to,
would be destructive both to us and the town of Lowestoft.

Your petitioners therefore humbly pray, That the town of Lowestoft
may not only enjoy their antient freedom of buying and selling
herrings at all times, but that there may not be any encroachments by
the town of Yarmouth upon the town of Lowestoft, but that each town
may enjoy the common right of this nation without circumscription to
each other; whereby monopolies will be prevented, and the trade of
herring fishing become more advantageous to the nation.

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

JOHN ROUS, RICHARD COOKE, FOR DULWICH. JOHN HOLLAND, {97} ROBERT
BROOKS, FOR ALBOROUGH. WALTER DEVERRIX.

Another petition was also presented by Captain Tettersall, a commander in the British navy, a person firmly attached to the interests of the western fishermen. This petition was addressed to the Knights and burgesses of the counties of Sussex and Kent: wherein, after recapitulating the oppressions of the Yarmouth men, and that this long-contested difference had been referred by his majesty to the decision of the house of lords, he informed them that many hundreds of his friends, neighbours, and acquaintance, western fishermen of the said counties, and who were greatly interested in the prosperity of the herring fishery, had concurred with the town of Lowestoft in presenting a certificate and petition to the lords of the privy council, respecting the illegal proceedings of the Yarmouth men, and had requested their said petitioner to appear in behalf of the said towns before the council, and deliver the same, which office he had undertaken and executed. And also further informed them, that an order had been issued by the House of Lords, summoning both parties, with their counsel, to appear at the bar of that house on the seventh of June next ensuing, being the day appointed for hearing and determining their cause; and that their petitioner being unable to attend the said hearing (he being a commander in the navy), the decision whereof being pregnant with the most important consequents both to the town of Lowestoft and the whole western fishery: therefore, he humbly petitioned the knights and burgesses of the counties of Sussex and Kent to unite their interests with those of the county of Suffolk, in procuring a redress of those grievances which the town of Lowestoft, and the said western fishermen were then labouring under; such as the exigency of their situation required, and the wisdom of their lordships should think just and reasonable.

TO THE RIGHT HONOURABLE THE KNIGHT AND BURGESSES OF THE COUNTIES OF
ESSEX AND KENT.

THE HUMBLE PETITION OF CAPTAIN NICHOLAS TETTERSALL,

Sheweth,

That the town of Lowestoft, in the county of Suffolk, having been
interrupted this last year in their free trade of herring fishing, by
the inhabitants of Great Yarmouth in the county of Norfolk, tending
not only to the ruin of the said town of Lowestoft, but of the whole
western fishery; and seeking for remedy by their humble petition to
the king’s most excellent majesty, who referring it to the right
honourable the lords and others of his privy council, for
satisfaction and relief, many hundreds of his neighbours, friends,
and acquaintance, the western fishermen of both your said counties,
whom it so highly concern, did join with the said town of Lowestoft,
by their humble certificate and petition subscribed by them, and
requested your petitioner to appear on their behalfs before the said
lords, to affirm the said petition, which accordingly he hath done;
and several hearings have been before his majesty in council, held on
the third of this instant May, it was ordered, in regard that the
determination of the difference depended upon the validity of several
charters, acts of parliament, and orders of council, that the
complainants should apply themselves to the right honourable the
house of lords, speedily to be assembled in parliament, to consider
their complaint, and afford them such relief as their lordships
shall, on examination and consideration of the whole matter, find to
be just and fit. Whereupon, on the twenty-fifth of this instant May,
1661, the said complainants, on their humble petition to the right
honourable the lords assembled in parliament, obtained an order,
summoning both parties to appear at the bar of that house on the
seventh day of June next ensuing, together with their learned
counsel, in order for the hearing of their cause. And your
petitioner being in no capacity of serving his countrymen any longer
therein, by reason of his command in his majesty’s service at sea;
and because that apparent ruin must necessarily attend the said
fishermen, which of his own knowledge he doth affirm; and as by the
copy of their remonstrance and petition, hereunto annexed, and read
twice before his majesty and the privy council, doth plainly appear.

Your petitioner doth therefore, in their behalf, most humbly pray
your honours to join with the knights and burgesses for the county of
Suffolk, and as true patrons for your country’s good, be instrumental
that the poor complainants be no longer interrupted and distressed by
the rich inhabitants of Great Yarmouth; but that they may be heard at
the time appointed, in order to the adjusting of their differences,
and settling them by an act of Parliament, as the right honourable
the lords and commons in their grave wisdoms shall think to be just
and right.

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

N. TETTERSALL.

In pursuance of the appointment of the House of Lords, for the hearing of the cause depending between the towns of Lowestoft and Yarmouth, at the bar of that house, on the seventh of June next following, notice thereof was delivered to the bailiffs of Yarmouth, on the 30th May preceding, requiring their attendance; but the inhabitants of Yarmouth pleading the want of sufficient time to collect the necessary evidence upon such short notice, petitioned the house, that the hearing of the case might be deferred a short time longer; and accordingly their lordships gave orders, that the said hearing should be postponed to the 20th of June next ensuing; at which time all the parties concerned were to attend with their counsel and witnesses, and to be otherwise duly prepared.

Die Mercurii, 5th Junij, 1661.

Upon the petition of the bailiffs of the town of Great Yarmouth, read
this day in the House, shewing that they were served with an order of
this Court, on the 30th of May last, for a hearing at this Bar on the
7th of this instant June, concerning a free trade of fishing between
the inhabitants of the town of Lowestoft, in Suffolk, and the town of
Yarmouth; it is ordered by the Lords in Parliament assembled, That
the said cause is hereby put off unto the 20th of this instant June,
peremptorily. And that then all parties concerned are to attend,
with their counsel and witnesses, and come fully prepared for a
hearing at this bar accordingly.

JNO. BROWNE, Cleric Parliamenti.

Accordingly, on the 20th June, the House of Lords being assembled, the council for the respective towns was heard at the bar of that house; and all the claims and privileges of the contending parties were carefully scrutinised and debated, in order to terminate the dispute, and to establish harmony and friendship between the said towns on a permanent and lasting foundation; but at the conclusion of the hearing it appeared, that as the principal point on which the whole controversy seemed to turn, was whether the statute 31 Edward III, upon which the Yarmouth men grounded their claim, was repealed by the statute 2 Richard II, as the Lowestoft men affirmed, and being a point of law, their lordships were unable to decide upon, therefore they referred it to the judges; and ordered that the counsel belonging to both parties should attend the judges at such time as they should appoint, who were to deliver their opinion concerning this point as soon as conveniently they could; and also ordered that the witnesses should be sworn and examined at the bar of the house, on Thursday next, the 27th. of this instant June, 1661, respecting such matters of fact as related to the present dispute; and also it was further ordered on the 22nd instant, that John Humphrey, Richard Gillam, Sidrich Seager, William Fox, and such other necessary witnesses as the inhabitants of Lowestoft should have occasion to produce in the cause now depending between them and the bailiffs of Yarmouth, and to be heard in that house on Thursday the 26th June, 1661, do appear at the bar of that house; and that the witnesses not therein named, have their names delivered in writing to the clerk of the parliament before the commencement of the said hearing.

The first step taken by the Lowestoft men after their cause was referred by the House of Lords to the opinion of the judges, was to present a petition to Sir Robert Foster, Lord Chief Justice of England; and also to Sir Orlando Bridgeman, Lord Chief Justice of the Court of Common Pleas; wherein they represented, that the House of Lords having referred to their Lordships for their opinion, whether the statute of the 31st of Edward III be repealed by the statute of the 2nd of Richard II, or by any other statute; and that their poor petitioners having attended upon this business for six months, were not able to support the expense thereof, or to contend any longer with such powerful adversaries as the rich inhabitants of Yarmouth, who endeavour to weary them out by delays, to ruin their poor petitioners and the whole western fishery, and monopolise the whole trade of herring fishing to themselves, to the great prejudice of the kingdom in general, and of their petitioners in particular. Therefore they humbly prayed that their Lordships would be graciously pleased to appoint a day, in order to meet the rest of the judges, that the counsel on both sides might attend their lordships, and a report of their opinion be delivered to the parliament as soon as possible.

TO THE RIGHT HONOURABLE SIR ROBERT FOSTER, KNT., LORD CHIEF JUSTICE
OF ENGLAND; AND SIR ORLANDO BRIDGEMAN, BART., LORD CHIEF JUSTICE OF
THE COMMON PLEAS.

THE HUMBLE PETITION OF THE INHABITANTS OF LOWESTOFT IN THE COUNTY OF
SUFFOLK,

Sheweth,

That your poor petitioners having had several hearings before his
Majesty in council, concerning the differences between them and the
rich inhabitants of Yarmouth, respecting the free trade of herring
fishery; who thereupon was pleased to refer the same to the right
honourable the Lords assembled in Parliament, who, upon a full
hearing thereof, were pleased to refer the matter of law to the
reverend judges, to consider whether the statute of 31 Edward III,
ch. i and ii be repealed by the statute 2 Richard II, ch. vii., or by
any other statute, and to report their opinion to the house
accordingly. And your petitioners having awaited six months for
relief, and being quite worn out with expense and attendance, and are
not able any longer to contend with such powerful adversaries, who,
by delays and all other possible means, strive to ruin your poor
petitioners and the whole western fishery, and to monopolise the
whole trade of herring fishing, to the great prejudice of the kingdom
in general, as appears by the certificate of many hundreds of the
western fishermen, the certificate of the fishmongers in London, and
a remonstrance of the burgesses of parliament for the sea coast towns
in the county of Suffolk.

They therefore most humbly pray, That your lordships would be
graciously pleased to appoint a day of meeting, with the rest of the
reverend judges; and that the counsel on both sides may attend your
lordships, so that in a convenient time you may report your sense to
their lordships in parliament, as is desired in their orders of the
20th of this present June.

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

A petition was also presented from the town of Lowestoft to the House of Peers, wherein, after reciting the order of reference to the judges, they doubted not but that their Lordships would evidently foresee the ruin which threatened the town of Lowestoft, the western and northern fishery, and the great damage that would accrue to the city of London and the nation in general; as appears from the certificates of many hundreds of fishermen, and the remonstrance of the fishmongers in London, and the burgesses of the sea-coast towns in Suffolk, if the Yarmouth men were suffered to persevere in the cruel depredations which they had lately practiced; for, exclusive of distressing them in late unhappy wars, assisting Oliver Cromwell in taking and plundering the town, imprisoning many of their principal inhabitants, and causing others to fly beyond the sea, they now distressed them again by sending a vessel, called a man of war to ride in the roads before the town of Lowestoft during the whole herring season, and not suffering the fishers to deliver any herrings in those roads, but compelling them to go to Yarmouth, whereby their petitioners and the western and northern fishermen were greatly injured, and a thousand last of herrings were thereby prevented from being caught. Therefore they humbly beseech their lordships to afford them such relief as they in their great wisdom should deem meet and reasonable; that so they might follow the trade of herring fishing as usual, and prevent their becoming the most miserable people in his Majesty’s dominions.

TO THE RIGHT HONOURABLE THE LORDS SPIRITUAL AND TEMPORAL IN
PARLIAMENT ASSEMBLED,

THE HUMBLE PETITION OF THE INHABITANTS OF THE TOWN OF LOWESTOFT, IN
THE COUNTY OF SUFFOLK.

Sheweth, That your Lordships having been graciously pleased, after
several hearings before his sacred Majesty in Council and your
lordships in Parliament to recommend the difference between your poor
petitioners and the rich inhabitants of Yarmouth unto the reverend
judges, to report to your Lordships their sense therein; we doubt not
but your Lordships will further understand the threatening ruin which
attends both them and the western and northern fishery the damage to
the city of London and to the kingdom in general, as appears by the
certificate of many hundreds of fishermen, the remonstrance of the
fishmongers in London, and the burgesses of this present Parliament
for the sea-coasts towns of the county of Suffolk, if the Yarmouth
men persevere in their cruel practices, as of late these have done,
by spoiling your poor petitioners, as in the late unhappy wars,
assisting Oliver Cromwell in taking and plundering the town,
imprisoning many of the chief inhabitants, and others, who left their
relations, fled beyond the sea into his Majesty’s maritime service;
and as if that were not sufficient, when upon his majesty’s most
happy restoration, your petitioners hope for a happy and comfortable
issue of all their calamaties, even then the men of Yarmouth, taking
advantage of your petitioners’ poverty, most cruelly practiced their
utter ruin, by sending a man of war as they called her, to ride in
the roads before the town the whole season of the herring-fishing,
not suffering the fishers to deliver any herrings in the said roads,
but forced them to carry them all to Yarmouth; whereby your
petitioners and the poor fishermen were despoiled of their trade, and
fewer herrings were taken that year by at least one thousand lasts,
than otherwise would have been.

And whereas his most excellent majesty, with the advice of his privy
council, hath been graciously pleased, by his royal proclamation, to
promote and encourage the trade of herring-fishery, as his royal
progenitors have done; and also sent forth a fleet of burses, which
must necessarily suffer proportionably with the other fishery, if the
Yarmouth men be suffered to continue such oppressive courses.

They therefore most humbly pray. That your lordships would be
graciously pleased, out of your great wisdom and pious regard to your
poor petitioners and the fishermen, to afford them such relief in
this their sad condition as in your grave wisdom shall seem just and
fit. That after their so great sufferings expense and delays, they
may not be rendered the most miserable people in all his majesty’s
dominions, but encouraged to follow their trade of herring-fishing
(which time out of mind, they have used as their sole subsistence,
and whereby many thousands of families may live and be maintained)
the fishery being the nursery of seamen, may be preserved, navigation
increased, to the great benefit of the kingdom in general, and the
freedom of your poor petitioners from inevitable ruin, and who are no
longer able to contend with such powerful adversaries.

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

The House of Lords being assembled on the 27th of June, the witnesses which were subpœned by the respective parties were called to the bar, to make their several depositions.

THE DEPOSITIONS OF THE LOWESTOFT WITNESSES, JAMES MUNDES, RICHARD
GILLAM, SIDRICH SEAGER, JOHN GILL, WILLIAM FOX, AND JOHN HUMPHREY
DEPOSED,

1st. That the western fishers and others have frequently delivered
herrings in Lowestoft roads in the time of the free fair held at
Yarmouth, until this last year, when they were prevented by a man of
war.

2nd, That the fishers, if they be compelled to carry all their
herrings at Yarmouth, will lose a third part of their time, as well
as ruin their voyage; because Yarmouth is to the north of Lowestoft,
and the choicest sea for herrings is off Lowestoft, and to the
southwards twenty miles, so that of necessity the fishermen must come
first to Lowestoft, which they can oftentimes gain when it is
impossible to get Yarmouth, when the wind is against their course,
and may thereby save their night’s drift; but if compelled to go to
Yarmouth, must loss sometimes three or four nights, and lose the
taking a great quantity of herrings.

3rd. That the fishermen may have quicker dispatch at Lowestoft than
at Yarmouth, and herrings may be brought fresher to land, and better
to furnish the country; and also the ketches and pikers that
frequently lay for London, Colchester, Ipswich, and other places,
will meet with quicker dispatch than they had lately done.

4th. That although the fishers freely sell at Lowestoft, yet
Yarmouth may be sufficiently, and as plentifully served with herrings
as formerly they have been; and the whole coast may be well supplied,
to the great advantage of the nation, the benefit of the country, and
the supply of the city of London with fresh victuals. (The above
witnesses also proved the inconveniences which would attend the
fishermen in particular, as well as the kingdom in general, if there
be not free liberty to sell herrings in Lowestoft roads.)

5th. That when the fishers come first to Yarmouth, they must sell to
none but their hosts, who give them what price they please.

Mr. PALGRAVE deposed, “That the Yarmouth men frequently discharge herrings out of the fishers before they come to the place where the fair is kept.”

MR. PALGRAVE and MR. SAMUEL WILD proved the place where the fair is held, and at what place proclaimed first.

MR. LOCKINGTON, MR. NOY, MR. GREEN, and the Fishmongers’ certificate also proved the general damage which the fishmongers in London, as well as several other places, and also the kingdom in general would sustain, from their not being privileged to buy herrings at Lowestoft as well as at Yarmouth, as they could not be had so good nor so cheap at the latter place as at the former.

The fishermen’s and the fishmongers’ certificate do testify all the aforesaid matters, and the burgesses in Parliament for the county of Suffolk, do certify the same also.

After hearing the above evidence, their Lordships still declined passing a final determination upon the affair, until the judges, to whom they had referred for their opinion, concerning a point of law, had made their report; and therefore a second order to the judges was issued by their Lordships; wherein, after informing them that the witnesses belonging to both parties in the cause between Lowestoft and Yarmouth having been heard that day at the bar of that House, and being desirous to hear the opinion of the judges, concerning the point of law referred to them, before any resolution was formed, it was ordered, that the judges should be as expeditious as possible in hearing the counsel on both sides relative to the matter in reference, and make their report accordingly, that so their Lordships might speedily terminate the business so long depending before them.

DIE JOVIS, 27º Junij, 1661.

This day the witnesses on both sides, in the controversy between the
inhabitants of Lowestoft and the bailiffs of Great Yarmouth, were
heard at the bar, concerning the usage and custom of fishing and
selling of fish, and the House being desirous to hear the judges
opinions before any resolution be given between them; it is ordered
by the Lords in Parliament assembled, That the judges be desired to
expedite the hearing of the counsel on both sides upon the matter of
reference mentioned in the order of the 20th of this instant June,
and to make their report unto this House, with what convenient speed
they can; that so their Lordships may put an end to the business now
depending before them.

JO. BROWNE, Cleric. Parliamenti.

The judges returned for answer to their Lordships, that their attention being wholly engaged with the great and important affairs of the nation, and also that upon account of the approaching assizes, they were under the necessity of setting off very shortly upon their circuit; therefore they begged to inform their Lordships, that they were unable to deliver their opinion concerning the matter of reference mentioned in the order of the 20th instant, until the months of October or December next. Thus the final decision of this long-contested difference was further protracted, and the herring season being now nearly approaching, wherein the Lowestoft men and also the northern and west country fishermen would be exposed to the usual insults and depredations of the Yarmouth men they were seized with the most alarming apprehensions that the moment was now hastily approaching wherein they were to be sacrificed to the malice and revenge of their inveterate enemies. In order, therefore, to divert the impending ruin, and to guard against the danger which threatened them, they once more made application to their former and only protectors, the House of Lords; to whom they addressed themselves in a petition, representing to their Lordships, that they had presented an address to the judges, beseeching them to appoint a day for the counsel belonging to the respective parties to attend them, but by reason of the great and weighty affairs of the nation, and the approaching assizes, they could not deliver their report before the months of October or December next; but that lest, during the interval, their petitioners and the northern and western fishermen should be interrupted in the free exercise of their trade of herring-fishing, which was now approaching, as they were the last year, by the outrageous violences of the Yarmouth men; they implored their lordships, that they might be protected from the oppressions of the enemies during the ensuing herring season, and also until such time as the judges shall have made a report to their Lordships concerning the point of law referred to them in the order of the 20th June last.

TO THE RIGHT HONOURABLE THE PEERS OF ENGLAND, ASSEMBLED IN
PARLIAMENT.

THE HUMBLE PETITION OF THE INHABITANTS OF THE TOWN OF LOWESTOFT IN
THE COUNTY OF SUFFOLK,

Sheweth,

That your Lordships having been graciously pleased, upon the humble
suit and prayer of your poor petitioners, to hear the difference
between them and the rich inhabitants of Yarmouth, concerning the
herring fishing, and to refer to the judges for their consideration,
a matter of law, whether the statute of 31 Edward III, ch. i and ii
be repealed by the statute of 2 Richard II, ch. vii, or by any other
statute. And your petitioners having accordingly made their humble
address to their Lordships to appoint a day for the counsel on both
sides to attend them, who, by reason of the great and weighty affairs
of the nation, and the approaching assizes, and not answer your
Lordships’ desires therein before the months of October or December
next. And lest, in the meantime, your petitioners and the poor
fishermen should be disturbed in the free exercise of their trade of
herring-fishing now nearly approaching, to the threatening ruin of
them and their families, as the men of Yarmouth practised the last
year by force and violence.

They therefore most humbly pray, That your Lordships would be
pleased, out of your great wisdom and pious regard to your poor
petitioners, to afford them relief in this their so great sufferings
in the late war, a lamentable fire, and great expenses in this
unhappy contest, that they be not rendered the most miserable people
in his Majesty’s dominions; but that they may, by your Lordships’
protection, be encouraged to exercise their trade of herring-fishing,
without molestation from the Yarmouth men, the purchasing a present
subsistence for themselves and families, until the judges shall
deliver their opinion to your Lordships, in pursuance of your orders.

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

In consequence of this petition, an order was immediately issued by the Lordships, directing that town of Lowestoft, and also the northern and west country fishermen, should be permitted to carry on the said fishery as usual, without any interruption or molestation from the Yarmouth men, until such time as the judges had delivered their report concerning the statutes of 31 Edward III, and 2 Richard II.

DIE LUNÆ, 22º July, 1661.

Ordered by the Lords in Parliament assembled, that the northern and
western fishermen are hereby empowered to fish this season of the
herring fishery about the town of Yarmouth, as formerly they have
done, for three years before the last year, with a salvo to the said
town of Yarmouth and the town of Lowestoft; the right of which
fishing now depends before the Lords in Parliament.

JOHN BROWNE, Cleric Parliamenti.

THE ORDER.

Whereas there is a controversy depending in the House of Lords
assembled in Parliament, between the inhabitants of the town of
Lowestoft in the county of Suffolk, and the town of Great Yarmouth,
in the county of Norfolk, concerning the right and free trade of
herring fishing, and of buying and selling the said fish. And
whereas upon hearing of the counsel on both sides, it is ordered, by
the said Lords, That it be referred to the judges, to consider
whether the statute of 31 Edward III, ch. i and ii be repealed by the
statute of 2 Richard II, ch. vii, or by any other statute; and that
the judges are to deliver their opinion unto the said House of Lords.
And in regard much damage may arise, not only to the inhabitants of
the aforesaid towns of Lowestoft and Yarmouth, and also to the
northern and western fishermen, as well as to his Majesty’s kingdom
in general, if some course be not taken for the preservation of the
said free trade of herring fishing: be it therefore enacted, by the
King’s most excellent Majesty, with the Lords and Commons assembled
in Parliament, that fishermen from henceforth shall and may have free
liberty and full power to sell herring at all times, at their
pleasure, at the town of Lowestoft, or elsewhere, and shall not be
compelled to carry the same to Yarmouth; any statute, custom, or
usage to the contrary thereof, in any wise notwithstanding: provided
that this Act is only to continue and stand in force until the judges
have certified their opinions to the House of Lords as aforesaid, and
the said differences be settled, and the rights be established and
confirmed to such party as the same by law doth properly appertain.

The judges soon after returned from the circuit; but in consequence of the many important affairs they were engaged in, respecting the nation, they were unable to appoint a day for hearing the allegations of the respective parties before the 4th December; when, at a meeting of their Lordships for that purpose, they appointed the 24th of January next ensuing, at three o’clock in the afternoon, for both parties, with their respective counsel, to appear before them at Sergeants’ Inn Hall, in Fleet street, in order to examine the complaints of the several parties, and to hear what each of them had to advance in support of their respective privileges and pretensions.

DECEMBER 4TH. 1661.

We do appoint Friday the 24th of January, next ensuing, at three of
the clock in the afternoon to hear the matter in difference between
the bailiffs of Great Yarmouth in the county of Norfolk, and the
inhabitants of Lowestoft, in the county of Suffolk; at which time
both parties are desired to attend us, with their counsel, at
Serjeant’s Inn Hall, Fleet Street.

R. FOSTER, ALAN BRIDGEMAN, MATTHEW HALE, THO. MALET, ROBERT HYDE,
EDWD. ATKYNS, THOMAS TWISDEN, THOMAS TYRREL, WM. WYNDHAM, CH. TURNER.

Com. Board.

In consequence of this appointment of the judges, both the parties,
with their counsel, appeared before their Lordships on the 24th of
January; who, after hearing what each party had to advance in support
of their several pretensions and also duly investigating their
respective claims and privileges, they soon after made their report
of the same to the House of Lords; and in consequence thereof it was
ordered by their Lordships, that the counsel belonging to each party
do attend at the bar of that House, on Wednesday, the 26th of that
instant February, at nine o’clock in the morning, in order to sum up
the evidence, given at a hearing of the cause, before their
Lordships, and to state the case to the House, that such a final
determination may be passed as their Lordships shall think just and
reasonable.

DIE SABBATHI, 20º FEBRY., 1661.

Upon the report of the Lord Chief Justice of the Common Pleas,
concerning the business relating to the towns of Yarmouth and
Lowestoft, concerning their fishing; and a petition of the
inhabitants of the said town of Lowestoft, read this day after the
report was made; it was ordered by the Lords spiritual and temporal
in Parliament assembled, That the Counsel on both sides are to be
heard at the bar on Wednesday next, the twenty-sixth of this instant
February, at nine of the clock in the morning, to sum up the evidence
formerly given at a hearing before their Lordships, and to state the
case to the House, that such determination may be given therein as
their Lordships shall think fit.

JO. BROWNE, Cleric. Parliamenti.

The House of Lords being assembled on the 26th February, 1661–2, the Council on both sides were called to the bar of the House; when, after a full hearing of their respective evidence, and duly weighing the report of the judges, and after a long and serious debate amongst their Lordships concerning the whole matter; it was resolved, declared, and adjudged, by a vote of the Lords spiritual and temporal, that since the judges, in their report, had given their opinion, that the statute of the 31st of Edward III, chap. I and it hath not been repealed by the statute, but continues in full force and effect; but that concerning the principal point in dispute, viz., From what place the seven miles, the boundary of the liberties of Yarmouth, (and mentioned in the said statute of the 31st of Edward III) was to be measured, had been left by the judges to the determination of their Lordships. Therefore it was ordered by their Lordships that an admeasurement of the said seven miles should actually be made some time between that day and the 24th of June next, by the several and respective sheriffs of the counties of Norfolk and Suffolk, beginning from the _crane key_ in the haven of Great Yarmouth aforesaid; and at the end thereof a new post should be erected, to denote the termination of the same; and within which extent the said bailiffs and corporation of Yarmouth were to enjoy their full privileges and immunities as the said statute of the 31st of Edward III and their other charters do afford them, and no farther.

DIE MERCURII, 26º Feby., 1661–2.

Upon hearing counsel on the twentieth day of June last, at the bar,
on the behalf of the inhabitants of Lowestoft, in the county of
Suffolk, plaintiffs; and the counsel for the bailiffs of Great
Yarmouth, in the county of Norfolk, on the behalf of themselves and
that corporation, defendants; upon their several petitions depending
before the Lords in Parliament, concerning the herring-fishing, and
buying and selling of herrings in the fair of Great Yarmouth
aforesaid; it was then ordered by this house to be referred to the
judges to consider whether the statue of the 31st of Edward III. ch.
i. and ii., be repealed by the statute of the 2nd of Richard II. ch.
vii., or by any other statute. And that the counsel on both sides
should attend the said judges in that behalf; and a report having
been since made unto this House by the Lord Chief Justice of the
Common Pleas, that he and others of the judges had, according to the
said order of the twentieth of June, heard the counsel on both sides,
and considered of the statutes therein referred to them; and that
they all are of opinion, that neither the statute of the 2nd of
Richard II. nor any other statute, had repealed the statute of the
31st of Edward III.; but that the said statute of the 31st of Edward
III., in that behalf, is in full force and effect. But as for the
great matter of the differences between the petitioners, and the town
of Yarmouth, concerning from what place the seven miles mentioned in
the said statute of the 31st of Edward III., was to be measured, the
judges had left that point to the determination of this House.
Whereupon the Lords this day heard the counsel on both sides at the
bar, in order to sum up the evidence formerly given before their
Lordships; who also stated the cause to the House. And after a long
and serious debate amongst their Lordships, it is resolved, declared,
and adjudged, by the votes of the Lords spiritual and temporal, in
Parliament assembled, That there shall be a measurement made between
this day and the 24th of June next after the date hereof, by the
several and respective sheriffs of the counties of Norfolk and
Suffolk, from the _crane key_ in the haven of Great Yarmouth
aforesaid, to extend seven measured miles from the said crane key,
and no farther; at which place a new post is to be set up, to bound
the limits aforesaid. Within which extent the said bailiffs and
corporation of Yarmouth are to enjoy their full privileges and
immunities, as the said statute of the 31st of Edward III. and their
charters do afford them, and no farther.

JO BROWN, Cleric. Parliamenti.

Thus was this great and litigious contest at length finally determined; and therefore the next business necessary to be undertaken on the part of Lowestoft, was to see that the order of the House was carried into execution. In order to this purpose a letter, addressed to the bailiffs of Yarmouth, was sent from the gentlemen concerned for Lowestoft, acquainting them with the decision of the Lords; and also further informing them, that as the time limited by their Lordships for making the admeasurement would expire on the 24th of June next ensuing, they requested that they would resolve upon a certain day, during that interval, on which the men of Lowestoft, together with the sheriffs, might attend them, and make the said admeasurement.

TO THE BAILIFFS OF GREAT YARMOUTH, NORFOLK,

March 4th, 1661–2.

GENTLEMEN,—There having been a controversy depending between the
towns of Lowestoft in Suffolk, and Great Yarmouth in Norfolk, for a
very long time concerning the herring fishing, which, after several
hearings the last year before his Majesty in Council, he was
graciously pleased to refer the matter to the Lords in Parliament,
who having heard at their bar the learned counsel on both sides, and
where the case was also stated; after a long and serious debate among
their Lordships, it was resolved, declared and adjudged, by the votes
of the Lords spiritual and temporal assembled, that there shall be a
measurement made between this day (the 26th of February) and the 24th
of June next after the date thereof, by the several and respective
sheriffs of the counties of Norfolk and Suffolk, from the crane key
in the haven of Great Yarmouth aforesaid, and to extend seven
measured miles and no farther; at which place a new post is to be set
up, to bound the limits aforesaid. And in order thereunto, we, whose
names are hereunto subscribed, do desire that you will affix a
certain time, when and where you will please to meet and make the
said admeasurement that accordingly you may be attended by,

Gentlemen, your Servants,

JOHN PETTUS, GEO. REEVE, RICHD. COOKE, JOHN BAYSPOOLE, HENRY FELTON,
JOHN ROUS, ROBERT BROOKE, THOS. WALDGRAVE, EDMUND POOLEY.

Accordingly the 27th of May was as agreed on by the respective parties to meet and undertake the admeasurement of the said seven miles; but the Yarmouth men being so much disappointed and chagrined at the late decision of the House of Lords in favour of the town of Lowestoft, and also perceiving that all their attempts for carrying into execution their favourite and long-projected scheme of wholly excluding the town of Lowestoft from the herring-fishery, and monopolising it to themselves, totally frustrated, that they had recourse to stratagem, and endeavoured to accomplish by artifice what they were unable to obtain by legal proceedings. In order, therefore, to effect their designs, they endeavoured to evade the order of the House, by attempting to prevent its being carried into execution. For which purpose they not only prevailed upon Sir Richard Bacon, the high sheriff of Norfolk, to be absent at making the admeasurement, but also so far influenced the under sheriff, Mr. Roger Smith, that when the gentlemen appointed to superintend it were assembled at Yarmouth, in order to undertake it, the said under sheriff absolutely refused to concur with them therein, expecting thereby to render every measure that should be then taken, totally void and of none effect. A circumstantial account of the proceedings in this very extraordinary business, as well as the opinion and behaviour of the Lowestoft people concerning the same, will more fully appear from the following narrative of the case, as drawn up soon after by special order and appointment:

A NARRATIVE

Concerning the proceedings upon an order of the House of Lords,
bearing date the 26th of February, 1661–2; wherein the determination
of the admeasurement of the seven miles from the crane key in
Yarmouth, towards Lowestoft, was referred to the two several and
respective sheriffs of Norfolk and Suffolk.

WE, whose names are underwritten (whereof seven of us are the next
adjacent justices of the peace, and of equal regard to the interests
of both towns—Sir John Playters, Sir George Woodhouse, Sir Henry
Bacon, Sir John Pettus, Sir William Coke, John Bedingfield, Esq., and
Thomas Scrivener, Esq., besides many other gentlemen of quality in
both counties), being solicited by the inhabitants of Lowestoft, and
also sensible of the great importance the adjusting of the
differences, and the admeasurement of the said seven miles is of, not
only to the peace and advantage of the respective parties in
particular, but to the fishery of this kingdom in general, did, on
the 27th of May, at nine o’clock in the morning, attend the arrival
of the sheriffs at the foot of the bridge entering the town of
Yarmouth, being the place and day appointed by the sheriffs.

And whereas about eleven o’clock the under sheriff of Norfolk
appeared, and made his excuse for the high sheriff, namely, “That he
was at his house, about thirty miles distant, and not in health.”
But that he, the under sheriff, was sufficiently empowered to
dispatch the business. Soon after the under sheriff appeared the
second time, and informed us that he expected the high sheriff, and
desired that his employment in this business might be suspended as
long as possible. So that, apprehending we should be disappointed of
both the high sheriffs, and conceiving the under sheriffs might
proceed in the undertaking, the town of Lowestoft desired (because
the day was far spent, and lest our journey and trouble might be to
no purpose) that the under sheriffs would undertake and begin the
admeasurement.

On this proposal, the under sheriff for Norfolk made several cavils
concerning the House of Lords, declaring that it was not of
sufficient validity to dispose of other people’s right; and that
there was no certain and legal mode of composing the differences, but
by a trial at common law.

On the other hand, the town of Lowestoft insisted on his obedience to
their Lordships’ order, and pressed him that he would undertake and
begin the admeasurement from the crane key, according to order. The
under sheriff replied, that the whole river, from the bridge to the
haven’s mouth, (which extends full two miles) was the crane key, as
he had been informed; and that the admeasurement might as properly
begin at the haven’s mouth as at any other place.

On this assertion, some of us (for better satisfaction) went into the
town of Yarmouth, and viewed the place; and found that there was no
other crane standing between the bridge and the haven’s mouth, but
only that which is mentioned in their Lordships’ order. And that
this key, upon which the crane now standeth, hath ever been called
the crane key, and no other; as was testified by several ancient
Yarmouth men. It is true that there are several other keys,
belonging to private persons, but those keys are maintained at the
particular charge of the owners. But this key whereon the crane
standeth is town ground, and doth solely belong to the town, and hath
been called so time out of mind, and is placed just opposite to their
Custom House. And the ground whereon their crane standeth is abutted
and bounded by Mr. George England’s key towards the south, and Mr.
James Johnson’s key towards the north, by the haven on the west, and
the Custom House on the east. And there is no crane upon any other
key; so that we affirmed that there could be no other crane key but
this, from whence the admeasurement ought to begin. But the under
sheriff told us, that he was not satisfied that he ought to begin at
that place, because the name of the key was so general;
notwithstanding, for above a mile and a half by the river, there is
no key, nor crane, but upon the aforesaid public key.

Whereupon we advised the under sheriff of Norfolk to begin where his
own reason dictated, and to certify the place to the House of Lords,
and the reasons for their begining there, and to leave the
determination thereof to their Lordships. But the under sheriff
refused to comply with this proposal, and still persisted to affirm
that there Lordships had no legal power to alienate any person’s
right to another. To which we replied, That their Lordships’ order
was not giving away another person’s right, but an explanation or
direction how that right might be enjoyed: and that it was not
intended that the least portion should be taken from the seven miles,
(which is all that the Yarmouth men have a just claim to), but to
point out where the seven miles ought to begin, and where to end,
according to their Lordships’ order.

But the under sheriff still continuing obstinate, retired from us
into the town, where he dined with the bailiffs, etc.

On the same day, the 27th of May, about three o’clock in the
afternoon, the under sheriff of Norfolk was again requested to concur
with the under sheriff of Suffolk, and assist in the said
admeasurement; but he not only refused to join with him in the
undertaking, but returned many unhandsome answers to some of the
justices who made the request. In consequence of the refusal, the
Lowestoft people entreated the under sheriff of Suffolk to engage two
surveyors, of honest reputation and sufficient abilities, and proceed
to the admeasurement. And although it had been more easy and
advantageous for the Lowestoft men to begin the admeasurement on the
other side of the crane key, or the opposite side of the water
(whereby they would then have walked wholly upon Suffolk ground),
yet, (that the town of Yarmouth might be privy, if they chose it, to
what so nearly concerned them) the said under sheriff for Suffolk and
the two surveyors (with some hazard to all our persons) began the
said admeasurement from the foundation of the crane, upon the public
town key, and continued to measure, in as direct a line as possible,
to the place where the boat was to conduct them over to the Suffolk
shore; and though they measured the breadth of the water which they
crossed over, containing eighteen poles in length, yet they did not
compute it in the admeasurement of the said seven miles.

It was near four o’clock when they began the admeasurement; and
notwithstanding the under sheriff of Norfolk exerted his utmost
efforts, and in the most public manner endeavoured to obstruct their
proceedings as far as the gate of the town, where he left us; and
afterwards the people of the town continued to pursue us in great
multitudes, with much insolence, provoking language, and many
disturbances, no magistrate appearing to disperse them, yet the under
sheriff at Suffolk, riding by the two surveyors, finished the
admeasurement about half-an-hour before sun-set that day; the period
of the seven miles falling short eighteen poles of the ancient limits
of the said seven miles, exclusive of the breadth of the haven before
mentioned, which was not computed in the admeasurement.