It was further ordered that the admeasurement therein directed to be made and performed, should be executed again by the present Sheriffs of Norfolk and Suffolk, between the 15th of that instant April and the 24th of June then next.
DIE LUNÆ, 15º April, 1663.
Upon the oaths of Sir Henry Bacon, baronet, and Sir John Pettus, knight, made this day at the bar; and the reading of a narrative subscribed by several Justices of the Peace, and many other gentlemen of quality of both the counties of Norfolk and Suffolk, on behalf of the townsmen of Lowestoft, in the said county of Suffolk. That on viewing the premises they find, that this key whereon the crane now standeth hath ever been called the crane key, and no other. And a resolution, declaration, and judgment, passed by the vote of the Lords Spiritual and Temporal, in the high court of Parliament assembled, dated the 26th February, 1661–2, between the said inhabitants of Lowestoft, and the bailiffs of Great Yarmouth, in the county of Norfolk, for the measurement of seven miles from the said crane key, in the haven of Yarmouth aforesaid, and to extend seven measured miles from the said key and no further, hath been disobeyed, and contemptuously neglected to be executed, by Roger Smith, the late under sheriff of Norfolk, although he was earnestly pressed to yield obedience, by making an admeasurement of the said seven miles, from the said crane key, as in the said judgement is directed; of which neglect and disobedience this House is very sensible. It is therefore now ordered and declared, by the Lords Spiritual and Temporal, in Parliament assembled, That a punctual obedience shall be yielded unto their former judgment, and that the measurement therein directed to be made and performed by the present sheriffs for the said counties, be made between the date hereof and the four and twenty day of June next ensuing.
JO. BROWNE, Cleric Parliamenti.
Pursuant to these orders, letters were immediately sent to the sheriffs of Norfolk and Suffolk, from the gentlemen in the interest of Lowestoft, informing them, that the House of Lords had voted the late under sheriff of Norfolk, a delinquent, for his contempt of their order; and had ordered him to appear at the bar of their House to answer for the same. And that their Lordships insisted on a punctual obedience being paid to their order of the 26th of February, 1661–2, for an admeasurement, and to be carried into execution by the said sheriffs some time between the 13th of that instant April, and the 24th June next ensuing.
To the Sheriffs of the Counties of Norfolk and Suffolk,
London, 16th April, 1663.
Gentlemen, There having been a controversy depending a long time between the towns of Yarmouth in Norfolk, and Lowestoft in Suffolk, concerning the herring fishery; and after several hearings before his Majesty in Council and their Lordships in Parliament; it was ordered by the vote of the Lords Spiritual and Temporal, the 26th February, 1661–2, That the privileges of the seven miles granted to Yarmouth by the statute of 31 Edward III should be measured from the crane key in Yarmouth, towards Lowestoft, and at the end thereof a new post should be set up, which, accordingly was done. But the under-Sheriff of Norfolk refusing to join and yield obedience to their Lordship’s decrees, the under-Sheriff of Suffolk, at the importunity of Lowestoft made the said admeasurement, and drew up a narrative of the whole proceeding, which was subscribed by many gentlemen of quality there present; which, with their petition, was read on the 13th of this instant, April 1663, in the House of Lords; and Sir Henry Bacon, Bart., and Sir John Pettus, knight, being called to the bar, affirmed the same on oath. Whereupon their Lordships debated the matter, and for the contempt of the under sheriff of Norfolk, it was then voted by the Lords Spiritual and Temporal, in Parliament assembled, That the said under sheriff should be sent for as a delinquent; and that a punctual obedience should be given and yielded to their former judgment; and that the admeasurement therein directed to be made and performed by the present sheriffs for the said counties should be made between the date thereof and the 24th of June next ensuing. And in order thereunto, we, whose name are hereunto subscribed, do desire, that you will affix a certain time when and where you will please to meet us, and make the said admeasurement, that accordingly you may be attended by some of us, who are,
Gentlemen, your servants,
Hen. Bacon, John Rouse, Richard Cooke, Edm. Potre, E. Bacon, George Reeve. [110]
We desire that you appoint the time about the 21st or 24th of May, and then we will be there to attend you.
But during the interval the said under sheriff presented a petition to the House, informing their Lordships that in consequence of his being taken into custody by the Sergeant-at-Arms, from a complaint being lodged against him by the inhabitants of Lowestoft and divers gentlemen of that neighbourhood, he had sustained great injury and inconvenience in his own private affairs; and also, as receiver of the monthly assessments in the county of Norfolk, and other monies belonging to his Majesty, his confinement was extremely prejudicial to his Majesty’s service. Therefore he prayed their Lordships either to discharge him from his confinement or to grant him a speedy hearing, so that he might prove his innocence, and discharge his duty to his Majesty.
The humble Petition of Roger Smith, of the city of Norwich,
Sheweth, That upon a misinformation given to your lordships against your petitioner, this honourable House was pleased, on the 13th of this instant April, to order his being taken into custody by the Sergeant-at-Arms; by virtue whereof he is now under restraint, to his exceeding great damage, and the great neglect of the King’s Majesty’s service; your petitioner having the receipt of the monthly assessments in the county of Norfolk, and of other monies belonging to his Majesty; and to the great prejudice of other your petitioner’s weighty affairs.
Wherefore your petitioner most humbly prays your Lordships, that you will be pleased either to discharge him from his said restraint, or grant him a speedy hearing; whereby your petitioner may clear his innocence, and betake himself to the discharge of his duty on his Majesty’s aforesaid service, and the dispatch of other his great employments.
And your petitioner, as in duty bound shall ever pray, etc.,
Roger Smith.
On the reading of this petition before this House, on the 20th of April, and also the narrative subscribed by the gentlemen who attended the admeasurement, it was ordered by their Lordships, that as the said under sheriff denies the accusation contained in the said narrative, that he be brought to the bar the next day morning at ten o’clock; and that the persons who presented the said narrative, and attested the same on oath, do also give their attendance at the same time, and make good their charge, as they will answer the contrary thereof to that House.
Die Mercurii, 29th April, 1663.
On reading the petition of Roger Smith, late under sheriff of the county of Norfolk, now in the custody of the Serjeant-at-Arms attending this House, for his delinquency in disobeying a judgment of this House, of the 26th February, 1661–2, concerning Lowestoft and Yarmouth; and in reading a narrative subscribed by several justices of the peace of Norfolk and Suffolk, setting out the said contempt: It is ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Smith (who denies the accusation of the said narrative) be brought to the bar to-morrow morning, at ten of the clock; at which time such as have appeared on bringing in the said narrative, and have attested the same on oath, and to give their attendance on this High Court, at the time aforesaid, to make good the said charge. And herein obedience is to be given by such as are concerned therein, as the contrary will be answered to the House.
Jno. Browne, Cleric. Parliamenti.
Accordingly, on the day following, the said Roger Smith, Esq., late under sheriff, and his opponents, appeared before the House; when their Lordships, after hearing what his accusers had to alledge against him, and not being satisfied with such defence as he was able to make in answer thereto, were pleased to order, That the said Roger Smith, for refusing to execute a judgment of that House, dated 26th February, 1661–2, and also for uttering scandalous words against the honour and dignity of that high court, should immediately acknowledge his fault, and make submission upon his knees at the bar of that House, before their Lordships, in the words following:
I do humbly beg your Lordships’ pardon, and express my hearty sorrow for not executing your Lordships’ order, and for any unadvised words uttered by me, which might have any reflection upon your Lordships’ judgment and order, concerning the matter in difference betwixt the towns of Lowestoft and Yarmouth.