It also appears that the Attorney-General, upon further consideration of this contested difference, presented an additional report to his majesty, wherein he represented, that since his former report he had seen the certificate of the two learned judges, dated April 29, 1597, subsequent to the certificates mentioned in his first report, in which they declared that they could not see how any method could be taken for compromising the differences between the two towns, but by referring them to Parliament.
THE ATTORNEY-GENERAL’S SECOND REPORT.
May it please your most excellent Majesty.
In obedience to your Majesty’s order of council of the 25th of January last, concerning the matter of difference between the inhabitants of the town of Lowestoft, and the inhabitants of the town of Great Yarmouth, I lately made certificate to your majesty according to the truth of what was then produced before me. But since that time there hath been produced to me a certificate under the hands of the learned judges, dated the 29th of April, 1597, subsequent to those mentioned in my former certificate, wherein they did declare, that they did see no other course could be taken by them, in order to compound their controversies and decide the differences between the said towns, and whereby they could bind both parties in such a manner as was most fit and convenient (their differences being of such great difficulty), and therefore they thought it fit, that the cause should be respited, and referred to the next parliament. At which time, upon supplication and complaint of those that should find themselves aggrieved, the cause might receive hearing and due remedy.
And I humbly crave liberty to certify to your Majesty, that by the word “crane” key, in my former certificate, I did intend the key of Yarmouth, that is known by that name, without any the least prejudice to either party thereby, in relation to the admeasurement mentioned in the same certificate, further or otherwise than the truth of the cause would bear.
All which I humbly submit to your Majesty’s great wisdom.
At a council held at Whitehall the 10th of April, 1661, at which were present his Majesty, and the Duke of York, and many of the first nobility, these reports of the attorney-general were presented and read; and it was accordingly ordered by the council, that by reason of his Majesty’s approaching coronation, they were unable to pay such proper attention to the complaints of the respective parties, as their cases required; therefore the affair must necessarily be suspended a short time longer; and that both parties do attend the Board on Friday three weeks, the third of May next ensuing, at three in the afternoon, for the further hearing and determining of this matter.
Upon the issuing of the order for deferring the hearing of the cause to a subsequent council, the Lowestoft men presented another petition to His Majesty, beseeching him that as it was the opinion of the judges, and also of the Attorney-general, that the only method which could be taken for compromising the differences so long subsisting between these two towns, would be to consider seven miles to be measured from the key of Yarmouth, towards Lowestoft, in order to ascertain the boundary of the liberties of the former place, and secure the privilege of a free fishery to the latter, and at the end thereof to have some apparent mark erected, to denote the same; that his Majesty would be pleased to order the said admeasurement to be immediately carried into execution; or otherwise, by reason of their many misfortunes and losses, they must be involved in inevitable ruin.
To the KING’S MOST EXCELLENT MAJESTY, the humble PETITION of the inhabitants of the town of LOWESTOFT, in the county of suffolk,
Sheweth,
That your majesty having been graciously pleased, at the humble suit and prayer of your petitioners, to hear the complaint of your poor petitioners, against the rich inhabitants of the town of Great Yarmouth, in the county of Norfolk, before the right honourable the lords of Your majesty’s privy council, touching the free trade of herring fishery, which hath of long time been in controversy between them; and upon a full hearing, did order both parties to attend your majesty’s attorney-general, that he, upon due consideration and hearing of all parties, should report to your majesty the true state of the whole matter of fact accordingly: whereby it appears, that the opinion of all the reverend judges, and such other worthy gentlemen of quality to whom the matter hath been formerly referred, is, ‘That there is no other visible way to end their controversies, and to procure unity between the said towns, but by an admeasurement of seven miles from the crane key of Yarmouth towards the town of Lowestoft.’ And whereas your petitioners are exceedingly impoverished by reason of their said controversy, and their sufferings during the late troubles, their affections to your majesty’s late royal father, of ever blessed memory, having been plundered by Oliver Cromwell and the said inhabitants of Yarmouth, who were instrumental with, and assisting him in the same; and since that time have been almost ruined by a sad and lamentable fire which happened in their said town, whereupon inevitable destruction will follow, except a speedy and effectual end be put to their differences, and that they may have free liberty to use their trade of herring fishery.
Your petitioners therefore humbly pray, That your majesty would be graciously pleased, upon the report of Mr. Attorney-General, as also the reports and certificates of former learned judges and justices of the peace of both counties, by your royal command to declare and publish, that seven miles may be measured from the crane key of Yarmouth aforesaid, towards the town of Lowestoft, and not from their pretended utmost bounds of their haven, which is uncertain, and by which means they would destroy your petitioners said fishing trade. And that a post, or some other apparent mark, may be set up at the end thereof, so that the trade of herring fishing may be used during the time of their free fair at any place without the said post or mark, without the molestation of the said inhabitants of Yarmouth, whereby your petitioners, and many thousands of your majesty’s poor western fishermen, may live and subsist by their said trade of herring fishing, as time out of mind they have done; which otherwise will be their utter ruin and undoing, as appears by their humble certificate and remonstrance to your sacred majesty.
And your petitioners as in all duty bound, shall ever pray, etc.
Petitions were also at the same time presented by the Lowestoft men to Lord Chancellor Hyde and the Duke of Albemarle, entreating their interest and authority at the privy council intended shortly to be held for the further discussion of this litigious contest; also that an order might be obtained for the admeasurement of the said seven miles from the crane key at Yarmouth, and that the same admeasurement should not be made from the haven’s mouth, as thereby the town of Lowestoft would be excluded from their indisputable claim to the privileges belonging to the herring fishery.
A petition was also presented to his majesty, praying that his majesty would graciously please to be present in his royal person at the council appointed to be held on Friday the third of May next ensuing, for deciding this long-controverted difference.
In consequence of this appointment a privy council was held at Whitehall on the third of May, 1661, at which were present his majesty, the duke of York, many of the great officers of state, and others of the nobility; when, after hearing the learned counsel on both sides, and after full debate on the several complaints and allegations advanced by the respective parties, it was ordered by his majesty in council, that as the determination of the differences between the said towns of Yarmouth and Lowestoft depended upon the validity of several charters, acts of parliament, and orders of council, that the inhabitants of the town of Lowestoft should make application to the right honourable the House of Lords, shortly to be assembled in Parliament, who would consider their complaints and afford them such redress as their lordships, upon due examination of the whole matter, should think just and reasonable.
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.