Thus was this great and litigious contest at length finally determined; and therefore the next business necessary to be undertaken on the part of Lowestoft, was to see that the order of the House was carried into execution. In order to this purpose a letter, addressed to the bailiffs of Yarmouth, was sent from the gentlemen concerned for Lowestoft, acquainting them with the decision of the Lords; and also further informing them, that as the time limited by their Lordships for making the admeasurement would expire on the 24th of June next ensuing, they requested that they would resolve upon a certain day, during that interval, on which the men of Lowestoft, together with the sheriffs, might attend them, and make the said admeasurement.
To the Bailiffs of Great Yarmouth, Norfolk,
March 4th, 1661–2.
Gentlemen,—There having been a controversy depending between the towns of Lowestoft in Suffolk, and Great Yarmouth in Norfolk, for a very long time concerning the herring fishing, which, after several hearings the last year before his Majesty in Council, he was graciously pleased to refer the matter to the Lords in Parliament, who having heard at their bar the learned counsel on both sides, and where the case was also stated; after a long and serious debate among their Lordships, it was resolved, declared and adjudged, by the votes of the Lords spiritual and temporal assembled, that there shall be a measurement made between this day (the 26th of February) and the 24th of June next after the date thereof, by the several and respective sheriffs of the counties of Norfolk and Suffolk, from the crane key in the haven of Great Yarmouth aforesaid, and to extend seven measured miles and no farther; at which place a new post is to be set up, to bound the limits aforesaid. And in order thereunto, we, whose names are hereunto subscribed, do desire that you will affix a certain time, when and where you will please to meet and make the said admeasurement that accordingly you may be attended by,
Gentlemen, your Servants,
John Pettus, Geo. Reeve, Richd. Cooke, John Bayspoole, Henry Felton, John Rous, Robert Brooke, Thos. Waldgrave, Edmund Pooley.
Accordingly the 27th of May was as agreed on by the respective parties to meet and undertake the admeasurement of the said seven miles; but the Yarmouth men being so much disappointed and chagrined at the late decision of the House of Lords in favour of the town of Lowestoft, and also perceiving that all their attempts for carrying into execution their favourite and long-projected scheme of wholly excluding the town of Lowestoft from the herring-fishery, and monopolising it to themselves, totally frustrated, that they had recourse to stratagem, and endeavoured to accomplish by artifice what they were unable to obtain by legal proceedings. In order, therefore, to effect their designs, they endeavoured to evade the order of the House, by attempting to prevent its being carried into execution. For which purpose they not only prevailed upon Sir Richard Bacon, the high sheriff of Norfolk, to be absent at making the admeasurement, but also so far influenced the under sheriff, Mr. Roger Smith, that when the gentlemen appointed to superintend it were assembled at Yarmouth, in order to undertake it, the said under sheriff absolutely refused to concur with them therein, expecting thereby to render every measure that should be then taken, totally void and of none effect. A circumstantial account of the proceedings in this very extraordinary business, as well as the opinion and behaviour of the Lowestoft people concerning the same, will more fully appear from the following narrative of the case, as drawn up soon after by special order and appointment:
A NARRATIVE
Concerning the proceedings upon an order of the House of Lords, bearing date the 26th of February, 1661–2; wherein the determination of the admeasurement of the seven miles from the crane key in Yarmouth, towards Lowestoft, was referred to the two several and respective sheriffs of Norfolk and Suffolk.
WE, whose names are underwritten (whereof seven of us are the next adjacent justices of the peace, and of equal regard to the interests of both towns—Sir John Playters, Sir George Woodhouse, Sir Henry Bacon, Sir John Pettus, Sir William Coke, John Bedingfield, Esq., and Thomas Scrivener, Esq., besides many other gentlemen of quality in both counties), being solicited by the inhabitants of Lowestoft, and also sensible of the great importance the adjusting of the differences, and the admeasurement of the said seven miles is of, not only to the peace and advantage of the respective parties in particular, but to the fishery of this kingdom in general, did, on the 27th of May, at nine o’clock in the morning, attend the arrival of the sheriffs at the foot of the bridge entering the town of Yarmouth, being the place and day appointed by the sheriffs.
And whereas about eleven o’clock the under sheriff of Norfolk appeared, and made his excuse for the high sheriff, namely, “That he was at his house, about thirty miles distant, and not in health.” But that he, the under sheriff, was sufficiently empowered to dispatch the business. Soon after the under sheriff appeared the second time, and informed us that he expected the high sheriff, and desired that his employment in this business might be suspended as long as possible. So that, apprehending we should be disappointed of both the high sheriffs, and conceiving the under sheriffs might proceed in the undertaking, the town of Lowestoft desired (because the day was far spent, and lest our journey and trouble might be to no purpose) that the under sheriffs would undertake and begin the admeasurement.
On this proposal, the under sheriff for Norfolk made several cavils concerning the House of Lords, declaring that it was not of sufficient validity to dispose of other people’s right; and that there was no certain and legal mode of composing the differences, but by a trial at common law.
On the other hand, the town of Lowestoft insisted on his obedience to their Lordships’ order, and pressed him that he would undertake and begin the admeasurement from the crane key, according to order. The under sheriff replied, that the whole river, from the bridge to the haven’s mouth, (which extends full two miles) was the crane key, as he had been informed; and that the admeasurement might as properly begin at the haven’s mouth as at any other place.
On this assertion, some of us (for better satisfaction) went into the town of Yarmouth, and viewed the place; and found that there was no other crane standing between the bridge and the haven’s mouth, but only that which is mentioned in their Lordships’ order. And that this key, upon which the crane now standeth, hath ever been called the crane key, and no other; as was testified by several ancient Yarmouth men. It is true that there are several other keys, belonging to private persons, but those keys are maintained at the particular charge of the owners. But this key whereon the crane standeth is town ground, and doth solely belong to the town, and hath been called so time out of mind, and is placed just opposite to their Custom House. And the ground whereon their crane standeth is abutted and bounded by Mr. George England’s key towards the south, and Mr. James Johnson’s key towards the north, by the haven on the west, and the Custom House on the east. And there is no crane upon any other key; so that we affirmed that there could be no other crane key but this, from whence the admeasurement ought to begin. But the under sheriff told us, that he was not satisfied that he ought to begin at that place, because the name of the key was so general; notwithstanding, for above a mile and a half by the river, there is no key, nor crane, but upon the aforesaid public key.
Whereupon we advised the under sheriff of Norfolk to begin where his own reason dictated, and to certify the place to the House of Lords, and the reasons for their begining there, and to leave the determination thereof to their Lordships. But the under sheriff refused to comply with this proposal, and still persisted to affirm that there Lordships had no legal power to alienate any person’s right to another. To which we replied, That their Lordships’ order was not giving away another person’s right, but an explanation or direction how that right might be enjoyed: and that it was not intended that the least portion should be taken from the seven miles, (which is all that the Yarmouth men have a just claim to), but to point out where the seven miles ought to begin, and where to end, according to their Lordships’ order.
But the under sheriff still continuing obstinate, retired from us into the town, where he dined with the bailiffs, etc.
On the same day, the 27th of May, about three o’clock in the afternoon, the under sheriff of Norfolk was again requested to concur with the under sheriff of Suffolk, and assist in the said admeasurement; but he not only refused to join with him in the undertaking, but returned many unhandsome answers to some of the justices who made the request. In consequence of the refusal, the Lowestoft people entreated the under sheriff of Suffolk to engage two surveyors, of honest reputation and sufficient abilities, and proceed to the admeasurement. And although it had been more easy and advantageous for the Lowestoft men to begin the admeasurement on the other side of the crane key, or the opposite side of the water (whereby they would then have walked wholly upon Suffolk ground), yet, (that the town of Yarmouth might be privy, if they chose it, to what so nearly concerned them) the said under sheriff for Suffolk and the two surveyors (with some hazard to all our persons) began the said admeasurement from the foundation of the crane, upon the public town key, and continued to measure, in as direct a line as possible, to the place where the boat was to conduct them over to the Suffolk shore; and though they measured the breadth of the water which they crossed over, containing eighteen poles in length, yet they did not compute it in the admeasurement of the said seven miles.
It was near four o’clock when they began the admeasurement; and notwithstanding the under sheriff of Norfolk exerted his utmost efforts, and in the most public manner endeavoured to obstruct their proceedings as far as the gate of the town, where he left us; and afterwards the people of the town continued to pursue us in great multitudes, with much insolence, provoking language, and many disturbances, no magistrate appearing to disperse them, yet the under sheriff at Suffolk, riding by the two surveyors, finished the admeasurement about half-an-hour before sun-set that day; the period of the seven miles falling short eighteen poles of the ancient limits of the said seven miles, exclusive of the breadth of the haven before mentioned, which was not computed in the admeasurement.
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.