On the 4th day of August, 1596, all the Commissioners nominated in the first commission, together with the bailiffs and principal inhabitants of Yarmouth assembled at Lowestoft; and the Commissioners, as directed by their commission, intended to have made the admeasurement of the seven miles the first object of their inquiry; but the Yarmouth men objected against this mode of proceeding, and insisted upon inverting the order of the enquiry, and that the ascertaining of the true situation of Kirkley road ought to be the first business that engaged their attention. The Commissioners so far acquiesced in this unreasonable demand, as to employ about four hours in investigating the exact situation of Kirkley road, and limiting its boundaries; but when the Yarmouth men began to discover that the result of the inquiry would be prejudicial to their interests, as well as contrary to their expectations, they then produced the new commission, which effectually answered all the purposes they had been aiming at; and notwithstanding the Commissioners made a proposal of sending for Mr. Rowse, the absent Commissioner, and also of suspending any further proceedings till he should arrive and concur with them in their deliberations, yet all these offers proved wholly unavailable, and nothing would satisfy the desires of the Yarmouth men but an acquiescence on the part of Lowestoft in such a decision respecting the situation of Kirkley road and the extent of its boundaries, as the bailiffs themselves thought proper.
In consequence of these illegal and unreasonable proceedings on the part of Yarmouth, the commission was dissolved. Nevertheless the Commissioners on the part of Lowestoft were so perfectly convinced of the oppressive designs of the Yarmouth men, as well as apprehensions of the inevitable ruin that would ensue to the inhabitants of Lowestoft, that before they broke up, they unanimously resolved to present a certificate of their proceedings to the Lords of the Privy Council, both for remonstrating against the unjust and unlawful proceedings of the Yarmouth men, as also to represent to their lordships, the apparent poverty and distress which threatened the town of Lowestoft.
The CERTIFICATE of Sir Robert Jermyn and Sir John Higham, Knts., and Anthony Wingfield, Esq., on the part of Lowestoft; shewing the unnecessary shifts, delays, and hard dealings of the Yarmouth men and the necessity of ending the controversy:
Our humble duties to your honours remembered.—May it please the same to be advertised, That by authority of your lordships’ letters to us and others directed, concerning the deciding of the controversies arisen between the township of Yarmouth, and the inhabitants of Lowestoft, proceeding from the certificate of the Honourable Sir John Fortescue, knt., Justice Clench and Justice Gawdy, we met together at the town of Lowestoft, whither the Commissioners named for Yarmouth, together with the bailiffs and chief inhabitants of Yarmouth, did also make their repair; and upon our meeting we desired that we might employ ourselves about the measuring of seven miles from Yarmouth to Lowestoft; but that would not be allowed of, but only to search and try out where, and how far Kirkley road did extend, upon which two points the whole of your honours’ commandment did consist, in which, after hearing the learned councell on both sides, we had spent at the least four hours about the extent of Kirkley road only, and had heard the effect of sundry affidavits taken and returned upon several writs of ad quad dampnum, mentioning the said Kirkley road: at length the bailiffs of Yarmouth delivered to us and the other Commissioners, a letter of your honours, which they had kept in their hands at the least five days, and had suffered some of us not only to travel almost fifty miles, but also to spend so many hours as we have before expressed, about a question, which upon the receipt of this your honours’ second letter, we had no authority to deal in; namely, the second point, or to describe the situation of Kirkley road. Also, in the proceeding of that letter, they omitted the name of Anthony Wingfield, Esq., who was then absent and had caused the name of William Rouse, Esq., to be put in; and also had gotten the letter so indited, as that the whole number of the said six commissioners must need agree to the measure of the said seven miles, and which could not be done by reason Mr. Rowse was absent; and although an offer was made to send for Mr. Rowse, and so to proceed to the admeasurement, yet in the end they would not proceed to it, except the Lowestoft men would confess that Kirkley road extended as far as the Yarmouth men would have it. All which proceedings we are bold to signify to your honours to prove the unnecessary delays, and hard and unjust proceedings of the Yarmouth men, and the desire they have to enjoy their private gain in the herring fishing shortly approaching, to the utter impoverishing and undoing of the poor inhabitants of Lowestoft, if by your honours’ favours they be not relieved; and whose lamentable estate, arising from the hard measure and unjust delays of the said Yarmouth men, do move us, in consideration of them, to be bold to offer to your lordships’ view, the hard dealings in this cause; and in their behalfs humbly to entreat your most honourable and speedy relief in this their grievous distress. And thus very humbly we take our leaves of your good lordships.
ROBERT JERMYN,
JOHN HIGHAM
ANTH. WINGFIELD.
From Somerleyton, the 4th August, 1596.
The Lowestoft men were so far from being dispirited by these illegal proceedings of the burgesses of Yarmouth, that, on the contrary, from the favourable representation of their case, made to the Privy Council by the Commissioners, they received so much encouragement as to renew their application to their Lordships for relief; and petitioned that they might be indulged with re-hearing of their cause. [81]
In consequence of their application, their lordships immediately sent letters to the several Commissioners nominated in the first Commission, informing them that as the differences subsisting between Yarmouth and Lowestoft were become a matter of great difficulty, and that some certain points of law were so connected therewith as to require explanation, they were under the necessity of referring it to the judges for their opinion thereon; and in the mean time requesting that the herring fishery and fair at Yarmouth might be conducted as usual and without any interruption, until the said judges had certified their opinion.
To Sir Robert Jermyn, Sir John Higham, Sir Arthur Heneningham and Sir Henry Woodhouse, Knts., and Anthony Wingfield, and Henry Gawdy, Esqs.
After our hearty commendations.—We have received the letters severally sent unto us from you that were appointed to be the Commissioners on both sides for certain controversies between the towns of Yarmouth and Lowestoft. And because we find by your several reports, that it will be a matter of great difficulty for you to set in order those differences, some proceedings depending upon matter of law, and are to be decided by certificate from the judges, we have thought good to respite the same until next term; and in the mean season to request you, that those of Yarmouth may not be interrupted in their fair and herring fishing this season, but that they may use the same in such sort as the same has usually been, until there shall be a final end made in those matters now depending between them. So praying you to take thorough hearing accordingly we bid you farewell.
John Canterbury, Lord Keeper, Lord Buckhurst, Lord Treasurer, Lord Chamberlain, Lord Buckhurst, Mr. Secretary, Mr. Chancellor of the Exchquer.
From the Court at Greenwich, the 17th August, 1596.
Thus was this long-contested affair brought the third time before the judges, who, after duly weighing every circumstance respecting the same delivered their opinion, “That as the matter in dispute was become so exceedingly intricate and perplexed, and entangled with such numerous difficulties as to make them despair of accommodating the differences to the mutual satisfaction of both parties, they therefore have thought it more advisable to refer the decision thereof to the determination of parliament.”
Whereas it hath pleased the right honourable the lords of her majesty’s most honourable privy council, upon the humble petition of the inhabitants of Lowestoft, in the county of Suffolk, to remit to us now this third time the controversy now depending before their lordships, between the bailiffs, burgesses, and community of the town of Great Yarmouth, in the county of Norfolk, of the one party, and the said town of Lowestoft of the other party, touching the trade of hanging and making of red herrings, and also the procuring of white herrings, for victuals of store, to be merchandised: we see no decisive course therein can be taken by us, to compound their controversies and adjust their differences, whereby to bind both parties, as is most necessary and convenient (their differences being of such great difficulty); and therefore we think it fit that the cause be respited, and referred unto the next parliament; at which time, upon supplication and complaint of those that shall find themselves aggrieved, the cause may receive hearing and due remedy.
J. CLENCH, FRANCIS GAWDY.
Given this 29th day of April, 1597.
But notwithstanding the judges declined passing a final decision upon this long-contested affair, but referred it to parliament, yet the Yarmouth men still continued to pursue the inhabitants of Lowestoft with the utmost rancour, and came shortly after into Lowestoft roads with two armed vessels, and under a pretence of being within the liberties granted by their charter, demanded anchorage; in consequence whereof a battle ensued, and much blood was shed on both sides; and though a complaint was lodged by the Yarmouth men in the star Chamber, against Lowestoft, yet their accusations appeared so frivolous and ill-grounded, that their cause was dismissed, and instead of recovering any damages, were fined twenty marks.