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.