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House of Lords having referred to their Lordships for their opinion, whether the statute of the 31st of Edward III be repealed by the statute of the 2nd of Richard II, or by any other statute; and that their poor petitioners having attended upon this business for six months, were not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 i and ii be repealed by the statute 2 Richard II, ch.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.