Chapter IX: Section IV (5)

During this whole transaction, two of the justices, together with the
two surveyors, kept an exact account of the number of the length of
every chain: and to prevent any mistakes, on the conclusion of the
undertaking, the under sheriff, in the presence of the whole company,
with a sealed yard and two feet rule, measured the said chain; which
measure contained four poles, every pole being sixteen feet and a
half, according to the statute measure of the 35th of Elizabeth, ch.
vii. So that ten of those chains’ length made a furlong, and eight
furlongs a mile; and on the ending of the said seven miles thus
measured, the under sheriff hath ordered a post to be set up. In
testimony of the proceedings, we have set our hands this 28th day of
May, Anno Domi, 1662.

Jo. Playters, H. Bacon, Wm. Cooke, Jo. Bedingfield, Jo. Hall, Cyriac
Cooke, Tho. Leman, Rich. Palgrave, G. Woodhouse, Jo. Peltus, Wm.
Crane, Rich. Vyner, Tho. Scrivener, Tho. Plumstead, Antho. Jenkinson,
Wm. Gooch, Ja. Defebure, Jo. Pulham, Tho. Fulcher, surveyors; Jo.
Wythe, sub-surveyor.

THE TESTIMONY OF THE HIGH SHERIFF FOR SUFFOLK.

May 28th, 1662.

Coming the last night to Yarmouth (being the evening of the day
appointed, by mutual consent, for making the admeasurement), and from
thence this morning to Lowestoft, I found the persons above written
remaining there; who were pleased to give me this narrative of my
under sheriff’s proceedings, as above said. And I do hereby approve
of the said admeasurement, as conceiving it to be a means of
determining the differences of the said two towns.

ROG. WILLIAMS, High Sheriff for the county of Suffolk.

All the gentlemen who have signed the narrative, together with the other persons of distinction who had attended the admeasurement, and also the high sheriff and under sheriff for the county of Suffolk, were entertained by the town the next day, viz.: the 28th May, at the Swan inn, at Lowestoft. This house, at that time, was the principal inn in the town; and was situated on the east side of the High street, on the south side of the passage leading to the sea, called, from the adjoining inn, the Swan score; as was also the opposite lane called the Swan Lane. In an apartment in this inn Oliver Cromwell was entertained when he came to Lowestoft.

On the evening of the 27th May, the gentlemen who had attended the admeasurement, met the gentlemen of Lowestoft, at the Swan inn in this town, and the next day was spent in great festivity and rejoicing, for having so happily concluded this important undertaking; and on the 20th of June following the post was erected, according to the order of the House of Lords.

The next business which the Lowestoft men proceeded to examine into, was the conduct of the under sheriff of Norfolk, respecting his contemptuous behaviour at the late admeasurement to the order of the House of Lords; and thereupon resolved to present a petition to their lordships, complaining of the under sheriff’s conduct in that affair; and also of the insults which they had received from the Yarmouth men during the late herring season, notwithstanding their lordships’ orders to the contrary: and therefore prayed their lordships to enforce their said order for the admeasurement, and to issue such further orders for the future security of their petitioners as might protect them against any insults or interruptions of their powerful and malicious enemies.

To the right honourable the LORDS Spiritual and Temporal, in
Parliament assembled,

The humble PETITION of the INHABITANTS of the town of LOWESTOFT in
SUFFOLK,

Sheweth

That after several hearings before your lordships in Parliament
concerning the herring fishery, between your petitioners and the town
of Great Yarmouth, the matter of difference being from what place the
seven miles mentioned in the statute of the 31st of Edward III were
to be measured, your lordships were pleased, by your vote of the 26th
February, 1661–2, ‘To resolve, declare, and adjudge, That an
admeasurement should be made between that time and the 24th of June
following, by the respective sheriffs of Norfolk and Suffolk, from
the crane key of Yarmouth, and to extend seven miles towards
Lowestoft and no further. At which place a new post was to be set
up, to bound the limits aforesaid; and within which extent the
Corporation of Yarmouth were to enjoy their full privileges, and no
further. That thereupon your petitioners attended the said sheriffs,
who, in pursuance of your lordships said order, appointed the 27th of
May then next following, to meet at Yarmouth and make the
admeasurement accordingly. At which time their respective under
sheriffs did meet; but the under sheriff of Norfolk refused to join
to make the admeasurement, declaring that your lordships’ order was
not of sufficient validity to give away another’s right. That your
petitioners insisted on his obedience to your lord-ships’ order, and
requested the under sheriff of Suffolk (in case the other would not
join) to begin to measure the seven miles; who taking to him two
surveyors, did, in the presence of many justices of the peace and
gentlemen of quality, with a chain, measure from the said crane key,
seven miles towards Lowestoft; and at the end thereof caused a new
pole to be set up, and the high sheriff of Suffolk, under his hand,
approved thereof, as by a narrative hereunto annexed doth more fully
appear. That the town of Yarmouth (notwithstanding your lordships’
order) has since come with boats, during this last herring season,
and disturbed your petitioners and divers fishers, near three miles
beyond the said post towards Lowestoft, even in their south roads,
chasing the fishermen, and enforcing them to carry all their herrings
to Yarmouth; and by reason of the plenty thither carried, the
Yarmouth men have set the price of them from 50s. down to 30s. per
last, and some under; and some were enforced to throw their herrings
away. So that the poor fishers, by reason of the small price, did
not get a sufficiency to make good their tackling, to the apparent
ruin of the fishers, the great damage to the whole kingdom, and the
utter undoing of your petitioners; they being impoverished and
wearied out with the endless suits of their great and powerful
adversaries.

Wherefore your petitioners humbly pray, that your lordships would be
pleased to ratify and confirm the aforesaid admeasurement, made in
pursuance of your lordships’ order, and that out of your great
wisdoms you will be graciously pleased to provide for the future
security and quiet of your poor petitioners and fishermen; whereby
they may with peace and comfort use and enjoy their trade of herring
fishing, as formerly they have done, free from the disturbance of
their powerful and malicious adversaries.

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

In consequence of this petition, the House of Lords, on the 30th of April, 1603, issued a warrant, directed to the Serjeant-at-Arms, to apprehend the body of Robert Smith, late under sheriff of the county of Norfolk, as a delinquent, for acting against the honour and dignity of that house, and to bring him forthwith before the Lords in Parliament assembled to answer for his said great offence.

DIE LUNÆ, 13º April, 1663.

The house being this day certainly informed by oath, that Roger
Smith, late under sheriff of the county of Norfolk, hath disobeyed a
judgment of this House of the 26th of February, 1661–2, concerning
the inhabitants of Lowestoft and the town of Great Yarmouth, by
forbearing to execute the same as was directed; and using flighting
words, in a most contemptuous manner, against the honour and dignity
of the House of Peers. It is ordered, by the Lords, Spiritual and
Temporal, in Parliament assembled, That the Sergeant at-Arms
attending this House, or his deputies, shall take the body of the
said Roger Smith, as a delinquent, and forthwith bring him before the
Lords in Parliament, to answer the said great offence. And this to
be a sufficient warrant in that behalf.

JO. BROWNE, Cleric Parliamenti.

To the Sergeant-at-Arms attending this House, deputy or deputies; and
to all Mayors, Justices, and others his Majesty’s officers, to be
aiding in the execution of his order.

It was further ordered that the admeasurement therein directed to be made and performed, should be executed again by the present Sheriffs of Norfolk and Suffolk, between the 15th of that instant April and the 24th of June then next.

DIE LUNÆ, 15º April, 1663.

Upon the oaths of Sir Henry Bacon, baronet, and Sir John Pettus,
knight, made this day at the bar; and the reading of a narrative
subscribed by several Justices of the Peace, and many other gentlemen
of quality of both the counties of Norfolk and Suffolk, on behalf of
the townsmen of Lowestoft, in the said county of Suffolk. That on
viewing the premises they find, that this key whereon the crane now
standeth hath ever been called the crane key, and no other. And a
resolution, declaration, and judgment, passed by the vote of the
Lords Spiritual and Temporal, in the high court of Parliament
assembled, dated the 26th February, 1661–2, between the said
inhabitants of Lowestoft, and the bailiffs of Great Yarmouth, in the
county of Norfolk, for the measurement of seven miles from the said
crane key, in the haven of Yarmouth aforesaid, and to extend seven
measured miles from the said key and no further, hath been disobeyed,
and contemptuously neglected to be executed, by Roger Smith, the late
under sheriff of Norfolk, although he was earnestly pressed to yield
obedience, by making an admeasurement of the said seven miles, from
the said crane key, as in the said judgement is directed; of which
neglect and disobedience this House is very sensible. It is
therefore now ordered and declared, by the Lords Spiritual and
Temporal, in Parliament assembled, That a punctual obedience shall be
yielded unto their former judgment, and that the measurement therein
directed to be made and performed by the present sheriffs for the
said counties, be made between the date hereof and the four and
twenty day of June next ensuing.

JO. BROWNE, Cleric Parliamenti.

Pursuant to these orders, letters were immediately sent to the sheriffs of Norfolk and Suffolk, from the gentlemen in the interest of Lowestoft, informing them, that the House of Lords had voted the late under sheriff of Norfolk, a delinquent, for his contempt of their order; and had ordered him to appear at the bar of their House to answer for the same. And that their Lordships insisted on a punctual obedience being paid to their order of the 26th of February, 1661–2, for an admeasurement, and to be carried into execution by the said sheriffs some time between the 13th of that instant April, and the 24th June next ensuing.

TO THE SHERIFFS OF THE COUNTIES OF NORFOLK AND SUFFOLK,

London, 16th April, 1663.

GENTLEMEN, There having been a controversy depending a long time
between the towns of Yarmouth in Norfolk, and Lowestoft in Suffolk,
concerning the herring fishery; and after several hearings before his
Majesty in Council and their Lordships in Parliament; it was ordered
by the vote of the Lords Spiritual and Temporal, the 26th February,
1661–2, That the privileges of the seven miles granted to Yarmouth by
the statute of 31 Edward III should be measured from the crane key in
Yarmouth, towards Lowestoft, and at the end thereof a new post should
be set up, which, accordingly was done. But the under-Sheriff of
Norfolk refusing to join and yield obedience to their Lordship’s
decrees, the under-Sheriff of Suffolk, at the importunity of
Lowestoft made the said admeasurement, and drew up a narrative of the
whole proceeding, which was subscribed by many gentlemen of quality
there present; which, with their petition, was read on the 13th of
this instant, April 1663, in the House of Lords; and Sir Henry Bacon,
Bart., and Sir John Pettus, knight, being called to the bar, affirmed
the same on oath. Whereupon their Lordships debated the matter, and
for the contempt of the under sheriff of Norfolk, it was then voted
by the Lords Spiritual and Temporal, in Parliament assembled, That
the said under sheriff should be sent for as a delinquent; and that a
punctual obedience should be given and yielded to their former
judgment; and that the admeasurement therein directed to be made and
performed by the present sheriffs for the said counties should be
made between the date thereof and the 24th of June next ensuing. And
in order thereunto, we, whose name are hereunto subscribed, do
desire, that you will affix a certain time when and where you will
please to meet us, and make the said admeasurement, that accordingly
you may be attended by some of us, who are,

Gentlemen, your servants,

HEN. BACON, JOHN ROUSE, RICHARD COOKE, EDM. POTRE, E. BACON, GEORGE
REEVE. {110}

We desire that you appoint the time about the 21st or 24th of May,
and then we will be there to attend you.

But during the interval the said under sheriff presented a petition to the House, informing their Lordships that in consequence of his being taken into custody by the Sergeant-at-Arms, from a complaint being lodged against him by the inhabitants of Lowestoft and divers gentlemen of that neighbourhood, he had sustained great injury and inconvenience in his own private affairs; and also, as receiver of the monthly assessments in the county of Norfolk, and other monies belonging to his Majesty, his confinement was extremely prejudicial to his Majesty’s service. Therefore he prayed their Lordships either to discharge him from his confinement or to grant him a speedy hearing, so that he might prove his innocence, and discharge his duty to his Majesty.

THE HUMBLE PETITION OF ROGER SMITH, OF THE CITY OF NORWICH,

Sheweth, That upon a misinformation given to your lordships against
your petitioner, this honourable House was pleased, on the 13th of
this instant April, to order his being taken into custody by the
Sergeant-at-Arms; by virtue whereof he is now under restraint, to his
exceeding great damage, and the great neglect of the King’s Majesty’s
service; your petitioner having the receipt of the monthly
assessments in the county of Norfolk, and of other monies belonging
to his Majesty; and to the great prejudice of other your petitioner’s
weighty affairs.

Wherefore your petitioner most humbly prays your Lordships, that you
will be pleased either to discharge him from his said restraint, or
grant him a speedy hearing; whereby your petitioner may clear his
innocence, and betake himself to the discharge of his duty on his
Majesty’s aforesaid service, and the dispatch of other his great
employments.

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

ROGER SMITH.

On the reading of this petition before this House, on the 20th of April, and also the narrative subscribed by the gentlemen who attended the admeasurement, it was ordered by their Lordships, that as the said under sheriff denies the accusation contained in the said narrative, that he be brought to the bar the next day morning at ten o’clock; and that the persons who presented the said narrative, and attested the same on oath, do also give their attendance at the same time, and make good their charge, as they will answer the contrary thereof to that House.

Die Mercurii, 29th April, 1663.

On reading the petition of Roger Smith, late under sheriff of the
county of Norfolk, now in the custody of the Serjeant-at-Arms
attending this House, for his delinquency in disobeying a judgment of
this House, of the 26th February, 1661–2, concerning Lowestoft and
Yarmouth; and in reading a narrative subscribed by several justices
of the peace of Norfolk and Suffolk, setting out the said contempt:
It is ordered, by the Lords Spiritual and Temporal in Parliament
assembled, That the said Roger Smith (who denies the accusation of
the said narrative) be brought to the bar to-morrow morning, at ten
of the clock; at which time such as have appeared on bringing in the
said narrative, and have attested the same on oath, and to give their
attendance on this High Court, at the time aforesaid, to make good
the said charge. And herein obedience is to be given by such as are
concerned therein, as the contrary will be answered to the House.

JNO. BROWNE, Cleric. Parliamenti.

Accordingly, on the day following, the said Roger Smith, Esq., late under sheriff, and his opponents, appeared before the House; when their Lordships, after hearing what his accusers had to alledge against him, and not being satisfied with such defence as he was able to make in answer thereto, were pleased to order, That the said Roger Smith, for refusing to execute a judgment of that House, dated 26th February, 1661–2, and also for uttering scandalous words against the honour and dignity of that high court, should immediately acknowledge his fault, and make submission upon his knees at the bar of that House, before their Lordships, in the words following:

I do humbly beg your Lordships’ pardon, and express my hearty sorrow
for not executing your Lordships’ order, and for any unadvised words
uttered by me, which might have any reflection upon your Lordships’
judgment and order, concerning the matter in difference betwixt the
towns of Lowestoft and Yarmouth.

And it was further ordered by their Lordships, that the said Roger Smith should make the like public submission in the face of the country, upon the place, and at the time appointed by that House, for the re-admeasurement to be made between the inhabitants of Lowestoft and the bailiffs of Great Yarmouth, according to a late order of that House of the 15th of that instant April; as he would answer for disobeying the same. And lastly that the said Roger Smith be released from his confinement, paying his fees.

DIE JOVIS, 30º April, 1663.

Whereas Roger Smith, late under sheriff of the county of Norfolk, was
this day brought to the bar as a delinquent, for refusing to execute
a judgment of this House, dated the 26th of February, 1661–2,
concerning the inhabitants of Lowestoft and the bailiffs of Yarmouth;
which was now confirmed upon oath by Sir Henry Bacon, Bart., and Sir
John Pettus, knt., who formerly did swear to the truth of a narrative
presented to their Lordships, subscribed by several justices of the
peace, and other gentlemen of quality of the counties of Norfolk and
Suffolk, relating to the said judgment. As also for scandalous words
spoken by the said Roger Smith against the honour and dignity of this
high court. It is therefore proposed by the Lords Spiritual and
Temporal, in Parliament assembled, That the said Roger Smith do
immediately make his submission upon his knees at the bar of this
House, before their Lordships, in these words following:

“I do humbly beg your Lordships’ pardon, and express my hearty sorrow
for not executing your Lordships’ order, and for any unadvised words
uttered by me, which might have any reflection put on your Lordships’
judgment and order, concerning the matter in difference betwixt the
towns of Lowestoft and Yarmouth.”

And it is further ordered by the authority aforesaid, That the said
Roger Smith shall make the like public submission in the face of the
country, upon the place, and at the time appointed by this House for
the admeasurement to be made between the inhabitants of Lowestoft and
the bailiffs of Yarmouth, according to a late order of this House,
dated the 13th of this instant April; and herein obedience is to be
given, as the contrary will be answered to this House. And lastly,
That the said Roger Smith shall be released of his present restraint
or imprisonment, paying his fees. And this to be a sufficient
warrant in that behalf.

JOHN BROWNE, Cleric. Parliamenti.

All differences being thus far settled and adjusted, the next business which the inhabitants of Lowestoft proceeded upon, was to have the gentlemen in their interest inform the sheriffs of the counties of Norfolk and Suffolk that they appointed the 10th of June next ensuing, about ten o’clock in the morning, for the day whereon to make the said second admeasurement, and to have the same convenience at Yarmouth.

THE SHERIFFS ACCESSION TO THE APPOINTMENT FROM LOWESTOFT.

We do agree to the day and place appointed by mutual consent, between
the sheriffs of Norfolk and Suffolk and the inhabitants of Lowestoft,
for making the admeasurement between the towns of Yarmouth and
Lowestoft, according to the several orders in Parliament and to be on
the tenth day of June next, about ten o’clock of the morning, in
Yarmouth.

THO. MEADOWS,
JOSEPH BRAND.

22nd May, 1663.

In pursuance of this appointment, the order for the admeasurement was, without any difficulty or interruption, immediately carried into execution; and a certificate of the same was presented to the House of Lords on the 19th of June, 1663, by the right honourable Earl Cornwallis, attested by the sheriffs of Norfolk and Suffolk.

THE CERTIFICATE.

DIE 19TH JUIJ, 1663.

To the right honourable the LORDS Spiritual and Temporal assembled in
the High Court of Parliament.

We the several and respective sheriffs of the counties of Norfolk and
Suffolk, do humbly certify, to your Lordships, That, in obedience to
an order of your honourable House, bearing date on Monday the
fifteenth day of April last past, and of a former judgment of your
honours bearing date the six and twentieth day of February, in the
year of our Lord one thousand, six hundred and sixty-two, we have
measured from the crane key, in the haven of Great Yarmouth,
mentioned in your Lordships said last-mentioned judgement, seven
miles, extending towards Lowestoft, there likewise mentioned. And in
further pursuance of the said several orders and judgements, have, at
the end of the said seven miles, given orders to set up a new post
for the bounding of the limits, etc., according to your said orders
and judgements, this present Wednesday, being the tenth day of June,
in the fifteenth year of his Majesty’s reign.

JOSEPH BRAND, AND THOS. MEDOWES, Sheriffs.

Whereas James Wilde did declare, upon oath, at the bar, that the
handwritings wherewith the said certificate is subscribed, are the
hand-writings of the several sheriffs of the counties of Norfolk and
Suffolk, and that he, the said James Wilde, did see them write the
same.

JO. BROWNE, Cleric, Parliamenti.

Thus was this long dispute and sharply-contested law-suit between Yarmouth and Lowestoft, respecting the herring-fishery, and which had been prosecuted by the respective parties for upwards of four years with the utmost vehemence, at length happily terminated by a decisive order of the House of Lords. Too much praise for this important and happy event can never be expressed by the inhabitants of this town on their worthy and indefatigable townsmen Mr. James Wilde, Mr. Samuel Pacey, and Mr. Thomas Mighells, who were the principal managers of this suit, and who so generously exerted themselves, during the whole transaction, in promoting the happiness of the place of their nativity, by defending its indisputable rights and privileges, and rescuing it from the ruin which threatened to overwhelm it. Consequently, their memories deserve to be transmitted to the latest posterity with the highest respect, veneration, and gratitude; and as their services for the interest of the town are too beneficial and important ever to be forgotten, so they who obtained them are deserving of every possible testimony of respect from their grateful townsmen, who to this day, are enjoying the fruits of their generous and unremitting labours for their benefit and happiness.

Soon after the settling of these differences, the town of Lowestoft sent letters of thanks to the several members of the House of Lords, who, during the debates, had interested themselves in defending and restoring to the town the re-possession of her ancient rights and privileges; namely, to Lord Hollis, the Earl of Anglesay, Earl Cornwallis, Lord Roberts, Lord Privy Seal, Lord Lucas, Lord Devereux, Lord Ashly Cooper, and others, acknowledging the many eminent services they had received from them; and assuring them, that for their great goodness and condescension, their Lordships would receive, as they were justly entitled, the thanks and prayers of many hundreds of the poor inhabitants of Lowestoft. The subjoined letter serves as a specimen of the whole.

To THE LORD ROBERTS, Lord Privy Seal.

London, 28th June, 1663.

My good Lord, I being prevented taking my leave of your Lordship at
my going into the country, do humbly beg your pardon. And by these
presents I presume to return your Lordship the most humble and hearty
thanks of the poor town of Lowestoft, and the fishermen thereof, for
your great condescension in appearing for them against their rich and
powerful adversaries of Yarmouth. For which your lordships will
assuredly have the prayers of many hundreds, and God’s acceptance of
so charitable a work; rendering your name and fame ever deep in the
memory of future ages. My Lord, it was my lot to follow the business
of that poor town, encouraged by the friends of our cause, amongst
whom your Lordship has been one of the most eminent. For which great
kindness I cannot express my thankfulness so sufficiently as I would,
being, alas!—Yet my good Lord, I shall presume to subscribe myself,
your Lordship’s ever most humble and grateful servant,

JAMES WILDE.

The expenses incurred by the town of Lowestoft in this suit with Yarmouth, amounted in the whole to about six hundred pounds. It was observed, in the former part of this section, that the town, in order to defray the charges of the suit with Yarmouth in the reign of Queen Elizabeth, respecting the situation of Kirkley road, had recourse to the rents and profits of the town lands; but on this occasion they made use of other methods, such as were judged the least burthensome to the town in general, and most effectual for the purposes for which they were wanted; such as levying a tax upon the herring fishery, and also upon the brewers and coopers residing in Lowestoft. The first levy was made in 1660, at two shillings a last upon herrings, which raised £67 12s.; the second levy was made in 1661, at five shillings a last upon herrings, which raised £114 9s.; the third levy was made in 1663, in the same manner as in the preceding year, which raised £159 2s. 3d.; the forth levy was made in 1665, which raised £108; and the fifth and last levy was made in 1674 (in order for a final discharge of all debts incurred by the town in the prosecution of this suit), and was made after the rate of two shillings upon every last of herrings, which raised £70. The levy made upon the brewers and coopers raised the sum of £62 10s., and was also applied to the purposes above-mentioned.

But notwithstanding this final decision of the House of Lords, in favour of the town of Lowestoft, it appears that the burgesses of Yarmouth were extremely unwilling to relinquish their former pretentions; and were so attached to their former interest and practices, as shewed but too much inclination to renew the disputes and disturbances which had agitated and distressed the respective towns for many years past. For we find, that about Michaelmas, 1663, (the first herring season after making the second admeasurement) the Yarmouth men, with their boats, came into Lowestoft south roads, and seized two vessels, the one a Dutch yagger, with red herrings for Holland; the other a French fisherman; from the former they took a barrel of red herrings, until he paid 14/- which they claimed as a duty due to Yarmouth, the same as though the vessel had been laden in their haven; from the latter they took their fish kettles, valued at 13s. 4d., under the same pretence. From these arbitrary and illegal proceedings, the fishermen were so alarmed and intimidated, as to be deterred from delivering their herrings at Lowestoft any longer, to the great injury of the fishers, and detriment of the town, which was in danger of being greatly impoverished thereby. To remedy this inconvenience, Dr. Lewin, Judge of the Court of Admiralty in the county of Suffolk, for his royal highness the Duke of York, called a court at Lowestoft, in 1664, the jury whereof presented the Yarmouth men for exceeding the bounds which had been lately prescribed them, and fraudulently seizing the property of the fishermen. Shortly after Dr. Lewin called a second court at Lowestoft, and the Yarmouth men were summoned to appear, in order to make answer to the complaint of Lowestoft. The Yarmouth men appeared accordingly, and pretended to vindicate their proceedings upon the privileges of their charters. Dr. Lewin being more inclined to compromise the affair than to involve the parties in any fresh disputes, proposed, that if the Lowestoft men would forbear to prosecute the affair any farther, he would bury in oblivion, every appeal which had been made to that court; and therefore recommended it to each of the parties to pay their respective fees, and to suffer their differences, which only tended to revive their former animosities, totally to subside; and it seems that they agreed to Dr. Lewin’s proposal, and the difference was settled to their mutual satisfaction.

ARTICLES of AGREEMENT Between the Respective Parties on Terminating
the Dispute.

1st, That the admeasurement lately made, and the boundary mark that
is set up, be ratified and confirmed.

2ndly, That all fishers be free to sell their herrings in the roads
of Lowestoft, or in any other place beyond the said seven miles,
without any disturbance or interruption from the Yarmouth men.

3rdly, That if any disturbance or interruption should be made by the
Yarmouth men on the fishers or any others beyond the said seven
miles, that the said Yarmouth men should forfeit £500, one moiety
thereof to his Majesty, and the other moiety to —. Also the
offending party to suffer three months’ imprisonment, without bail.

And, lastly, that if the Yarmouth men shall at any time imprison,
either at their own town or in any other place, any of the fishermen,
for delivering their herrings at Lowestoft, or any other place beyond
the said seven miles, that the said Yarmouth men shall forfeit treble
damages to the party aggrieved, and be imprisoned three months
without bail.

However the Lowestoft men were so exceedingly alarmed at the late infringement on their ancient privileges, and so very apprehensive of being compelled to exhibit fresh complaints against the Yarmouth men, before the House of Lords, that they had renewed their application to the several peers of that House who had espoused their cause during the late debate before that assembly, soliciting their interest, should they be under the necessity of presenting to the House another petition relative to the injurious proceedings of the Yarmouth men.

TO THE LORD ROBERTS, LORD PRIVY SEAL.

London, 16th April, 1664.

My good Lord, Your Lordship having been graciously pleased, from the
very first, to appear for the poor town of Lowestoft and the
fishermen, against their powerful adversaries of Yarmouth; for which
great condescension your Lordship has the prayers of many hundreds
depending upon the said fishery, and the most humble and hearty
thanks of that poor town, who implore the continuance of your
Lordship’s favour; humbly beseeching your Lordship to peruse this
short brief of the late pleadings before their Lordships in
Parliament, and the cause of our present complaint that we are going
up with to their Lordships, occasioned by the pride and malice of our
potent adversaries, who concluded we were so disabled by the great
charge of expense they had put us to, that we should never appear
further in this matter, especially as they dared to shew such
contempt for their Lordships’ order and judgment. But so it is, my
Lord, that unless your Lordship shall, upon our petition being read
in the House, be graciously pleased to plead for our future peace and
security, the poor fishermen and your petitioners must be inevitably
ruined. I beg your Lordship’s pardon for this presumption, which my
necessity enforces me to, and for the favour in having access to your
Lordship in this case, especially now in the absence of our
highly-honoured friend the Lord Hollis; and that I may subscribe
myself, my good Lord,

Your Lordship’s most humble and grateful servant,

JAMES WILDE.

* * * * *

To THE LORD CORNWALLIS,

London, 16th April, 1664.

My good Lord, Your Lordship having been graciously pleased to
understand the difference, and to appear for the poor town of
Lowestoft and the fishermen, against their rich and powerful
adversaries of Yarmouth, before the Lords in Parliament; for which
great condescension your Lordship has the prayers of many hundreds
depending on the said fishery, and the most humble and hearty thanks
of that poor town, who implore the continuance of your Lordship’s
favour. And although many persons of honour, out of a sense of the
equity of our case, have stood up in our defence, yet can we not
apply to any so properly, as those of our own county, amongst whom,
from an experience of your paternal care, I humbly beseech your
Lordship to peruse this short brief of the late proceedings before
your Lordship in Parliament, whereby your Lordship may easily discern
the pride and malice of our adversaries, who, to the amazement of all
our gentry, durst so slight the Lords’ late orders and judgments.
But their design was to spoil us at once; concluding, that we were so
disabled by the charge and great expense of the late suit they have
put us to, that we should never be able to stir any further in this
matter; as, in truth, they might well suppose, it having cost our
poor town, at least, upwards of £500, to the great impoverishment
thereof. Yet, so it is, my Lord, that should we desist in our
defence, no man of trade can stay to live in the town, except some
few to till the ground. So that unless your Lordship shall, upon our
petition, at the next sitting of the House, be graciously pleased to
afford us relief, and plead for our future peace and security, we
shall be inevitably ruined. I shall not dare your Lordship’s further
trouble at present, but beg pardon for this presumption, which our
necessities compel me to; and acknowledge the favour of having access
to your Lordship in this case, especially now in the absence of our
highly honoured friend Lord Hollis, and that I may subscribe myself,
as I am, my good Lord.

Your Lordship’s most humble and grateful servant,

JAMES WILDE.

A similar letter was sent by the same writer to the EARL of ANGLESAY.

By the constant irruptions of the sea about this time, on that part of the coast whereon the post was erected which bounded the liberties of Yarmouth, the said boundary-mark was washed down. And as the want of some conspicuous object, to denote the boundary of the said liberties, might possibly be attended with some disagreeable consequences, and occasion fresh disputes; it was therefore thought necessary to solicit the attendance of several gentlemen of distinction in the neighbourhood, to superintend the re-placing of the said boundary mark, which was necessary, both for the security of the privileges of Lowestoft, as also for obviating any imputation of infringement on the liberties of Yarmouth. Accordingly, on the seventh of February, 1676, the gentlemen who were requested to be present at the re-placing of the said boundary-mark, assembled for that purpose at Lowestoft, and executed the same; the particulars of which proceeding are contained in the following relation:—

Whereas, in obedience to an order of the Lords in Parliament, bearing
date the six and twentieth day of February, one thousand six hundred
and sixty-one, there was an admeasurement made by the Sheriffs of
Norfolk and Suffolk, from the crane key in Yarmouth, towards
Lowestoft, and no further. At which place a new post was set up, to
bound the limits granted by charters to the inhabitants of Yarmouth,
and in which extent the bailiffs and corporation are to enjoy their
full privileges, as the statute of 31 Edward III, and other charters
do empower them.

And whereas the said post or boundary-mark, by the incursions of the
sea upon that part of the coast whereon it stood, was in the late
tempestuous weather thrown down, and in great danger of being washed
away. Wherefore, at the humble request of the inhabitants of the
town of Lowestoft, for the securing of the said post or boundary-mark
from the danger of the sea; we, the gentlemen of the counties of
Norfolk and Suffolk, who have hereunto subscribed our names, do
humbly certify, that we were this day personally present at the place
where the post formerly stood, and finding the said post fallen to
the ground, being undermined by the sea, and not to be raised again
in the same place, to stand any ordinary rage thereof; for at the
very instant of time that we were there present, the sea came up to
the foot of the said post, as it then laid upon the ground.
Wherefore we advised, that a small post should be set up in the place
whereon the aforesaid boundary-post formerly stood; and to remove the
said boundary-post higher up, out of the danger of the sea, there to
affix it, by the help of a compass and line, at the same distance
from the crane key of Great Yarmouth as it formerly stood; which we
did then see performed accordingly. Dated this seventh day of
February, in the nine and twentieth year of the reign of our
sovereign Lord Charles the second, by the grace of God, of England,
Scotland, France, and Ireland, king defender of the faith, and so
forth; and in the year of our Lord one thousand six hundred and
seventy-six.

(Signed)—Hen. Bacon, Lionell Playters, Tho. Loud, Jas. Febure, Hen.
Wotton, Jas. Catelyn, John Walne, Neville Catebyn, Richd. Bacon, J.
Porter, Edwd. Paxton, Tho. Cloumstead, Jas. Reeve, John Playters,
Edw. North, Tho. Leman, Richd. Vesy, Phil. Hayward, Robt. Selling.

After these affairs were all fully settled and adjusted, the towns of Yarmouth and Lowestoft appear to have conducted the herring fishery on more amicable terms; and the latter continued the enjoyment of their rights and privileges, without interruption from the former, until the year 1729, when the burgesses of Yarmouth once more attempted to revive their former pretensions to an exclusive right to the herring-fishery; and, as a prelude to their carrying those pretensions into execution, had formed a resolution to seize all such fishing vessels fitted out at Lowestoft (called yaggers) as were employed by the merchants of that town to go out to sea to purchase herrings of the northern and west country fishers. But all these designs of the Yarmouth men were entirely frustrated by the speedy and vigorous exertions of the Lowestoft merchants; who, on the first alarm, immediately opened a subscription for raising a fund, in order to defend their ancient rights and privileges, which so far discouraged their adversaries, that they immediately relinquished every farther proceeding in the affair, and, consequently, were prevented from carrying their designs into execution.

The following is a copy of the ORIGINAL INSTRUMENT drawn-up on this occasion, and signed by the principal merchants of the town:

Whereas we, whose names and seals are hereunto subscribed and set,
are all, or most of us, persons concerned in the herring-fishery.
And do intend to employ and send out yaggers to sea, to buy herrings
for this herring-fishing season, and to all other subsequent
herring-fishing seasons, during our respective lives. And whereas
the Corporation of Great Yarmouth, in the county of Norfolk, do give
out speeches, and threaten, that in case we, or any of us, do so buy
herrings at sea, that they will commence and prosecute one or more
suit or suits against us, or him, or them of us, who shall so buy
herrings at sea. And whereas, in case any suit or suits shall be
brought, begun, commenced or prosecuted against us, every, or any of
us, for our, every, or any of our buying herrings at sea, during this
or any other subsequent herring-fishing season, we are unanimously
resolved to defend such suit or suits. And in order to defray the
charge and expense of such suit or suits, we, and every of us, whose
names and seals are hereunto subscribed and set, do hereby severally
and respectively, each one for himself, and for his own heirs,
executors, and administrators, and not jointly, or one of us for
another, covenant, promise and agree, to, and with, John Tanner, of
Lowestoft aforesaid, clerk, his executors, and administrators, in
manner and form following, (that is to say), That we, and every of
us, shall, and will, within seven days next after any suit or suits
shall be brought, begun, or commenced against us, every, or any of
us, by the said corporation of Great Yarmouth, or by any person or
persons whomsoever, for our, every, or any of our, buying herrings at
sea as aforesaid, well and truly pay, or cause to be paid, this
several sum and sums of money by us severally subscribed or set down
at or near the end of our respective names, into the hands of such
person or persons as the majority of us whose names and seals are
hereunto subscribed and set, shall, by any writing, to be signed by
such majority in the presence of two credible witnesses, direct and
appoint. And that such suit and suits shall be defended during the
pleasure of the majority of us. And also, that it shall and may be
lawful to and for the person or persons into whose hands the majority
of us shall so, as aforesaid, direct and appoint the said several sum
and sums of money so, as aforesaid, by us severally subscribed to be
paid, out of the same moneys, to pay not only such costs and charges
and other moneys as may happen to be obtained or recovered against
us, every, or any of us, in any such suit or suits. And that we, and
every of us, shall and will, out of the same moneys so, as aforesaid,
by us subscribed, bear a proportionable part, with respect only to
our several subscriptions, as well as of all such costs and charges
and other moneys as may happen to be obtained or recovered against
us, every, or any of us, in any such suit or suits as aforesaid, as
also of the charges in defending such suit or suits. And so,
likewise, in case the corporation of Great Yarmouth shall act in any
such manner as to make it necessary for us to commence and prosecute
any suit or action against them, it is hereby agreed, That the money
underneath subscribed shall be liable to be employed as well in
bringing and prosecuting any such suit or action as the majority of
us shall think necessary to commence and prosecute against them, as
in defending any such suit or action as they shall commence and
prosecute against us. And likewise to make good to any particular
person the loss he may sustain by his vessel being seized and
detained by the said corporation, on account of his buying herrings
at sea as aforesaid. Provided always, and it is our and every our
intents and meanings, that in case any of us shall happen to depart
this life before any such suit or suits shall be brought, begun, or
commenced against us, or any of us, that then the sum and sums of
money subscribed by him and them of us who shall depart this life as
aforesaid, shall not be paid. And that then, and in such case, the
executors or administrators of him or them of us so dying shall not
be any way concerned in any such suit or suits, any thing herein
before mentioned or contained to the contrary thereof, in any wise
notwithstanding. In witness whereof we have hereunto set our hands
and seals, this two and twentieth day of September, in the third year
of the reign of our sovereign lord George the second, by the grace of
God, of Great Britain, France, and Ireland, King, defender of the
faith, and so forth, and in the year of our Lord one thousand seven
and twenty-nine.

John Jex, £50; William Balls, £30; James Reeve, £20; Thomas Manning,
£20; Samuel Adams, £20; John Arnold, £5; Robert Hayward, £35; John
Fowler, jun., £25; Robert Payne, £15; Samuel Church, £25; Thomas
Landifield, £25; Daniel Long, £20; John Ibrooke, £5; John Barker,
jun., £30; John Ellis, £20; John Munds, £20; Charles Boyce, £20;
Matthew Arnold, £25; Thomas Watson, £5; John Brame, £20; Robert
Dixon, £10.

Thus was the last effort of the Yarmouth men to monopolize the herring-fishery totally frustrated, and the Lowestoft people have enjoyed the free exercise thereof, without any interruption ever since.

How far the disputes between Yarmouth and Lowestoft had engaged the attention of the public, will, in some measure, appear from the following circumstance:—

About the beginning of the reign of Charles I, lived Thomas Nash, who was born at Lowestoft, and was a sharp satirist. He wrote a play called “Lenton-Stuffe; or, The Praise of the Red Herring,” published in 1599, in 4to. Also another play called “The Isle of Dogs,” together with other works. His writings relate chiefly to the disputes between Yarmouth and Lowestoft, the former of which places he attempted much to ridicule. Swinden says, “The facetious Nash designed nothing more in Lenton-Stuffe than a joke upon our staple—red herrings; and being a Lowestoft man, the enmity between the two towns led him to attempt that by humour which more sober reason could not accomplish.”