And it was further ordered by their Lordships, that the said Roger Smith should make the like public submission in the face of the country, upon the place, and at the time appointed by that House, for the re-admeasurement to be made between the inhabitants of Lowestoft and the bailiffs of Great Yarmouth, according to a late order of that House of the 15th of that instant April; as he would answer for disobeying the same. And lastly that the said Roger Smith be released from his confinement, paying his fees.
DIE JOVIS, 30º April, 1663.
Whereas Roger Smith, late under sheriff of the county of Norfolk, was this day brought to the bar as a delinquent, for refusing to execute a judgment of this House, dated the 26th of February, 1661–2, concerning the inhabitants of Lowestoft and the bailiffs of Yarmouth; which was now confirmed upon oath by Sir Henry Bacon, Bart., and Sir John Pettus, knt., who formerly did swear to the truth of a narrative presented to their Lordships, subscribed by several justices of the peace, and other gentlemen of quality of the counties of Norfolk and Suffolk, relating to the said judgment. As also for scandalous words spoken by the said Roger Smith against the honour and dignity of this high court. It is therefore proposed by the Lords Spiritual and Temporal, in Parliament assembled, That the said Roger Smith do immediately make his submission upon his knees at the bar of this House, before their Lordships, in these 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 put on your Lordships’ judgment and order, concerning the matter in difference betwixt the towns of Lowestoft and Yarmouth.”
And it is further ordered by the authority aforesaid, That the said Roger Smith shall make the like public submission in the face of the country, upon the place, and at the time appointed by this House for the admeasurement to be made between the inhabitants of Lowestoft and the bailiffs of Yarmouth, according to a late order of this House, dated the 13th of this instant April; and herein obedience is to be given, as the contrary will be answered to this House. And lastly, That the said Roger Smith shall be released of his present restraint or imprisonment, paying his fees. And this to be a sufficient warrant in that behalf.
JOHN BROWNE, Cleric. Parliamenti.
All differences being thus far settled and adjusted, the next business which the inhabitants of Lowestoft proceeded upon, was to have the gentlemen in their interest inform the sheriffs of the counties of Norfolk and Suffolk that they appointed the 10th of June next ensuing, about ten o’clock in the morning, for the day whereon to make the said second admeasurement, and to have the same convenience at Yarmouth.
The SHERIFFS ACCESSION to the APPOINTMENT from LOWESTOFT.
We do agree to the day and place appointed by mutual consent, between the sheriffs of Norfolk and Suffolk and the inhabitants of Lowestoft, for making the admeasurement between the towns of Yarmouth and Lowestoft, according to the several orders in Parliament and to be on the tenth day of June next, about ten o’clock of the morning, in Yarmouth.
THO. MEADOWS,
JOSEPH BRAND.22nd May, 1663.
In pursuance of this appointment, the order for the admeasurement was, without any difficulty or interruption, immediately carried into execution; and a certificate of the same was presented to the House of Lords on the 19th of June, 1663, by the right honourable Earl Cornwallis, attested by the sheriffs of Norfolk and Suffolk.
THE CERTIFICATE.
DIE 19th Juij, 1663.
To the right honourable the LORDS Spiritual and Temporal assembled in the High Court of Parliament.
We the several and respective sheriffs of the counties of Norfolk and Suffolk, do humbly certify, to your Lordships, That, in obedience to an order of your honourable House, bearing date on Monday the fifteenth day of April last past, and of a former judgment of your honours bearing date the six and twentieth day of February, in the year of our Lord one thousand, six hundred and sixty-two, we have measured from the crane key, in the haven of Great Yarmouth, mentioned in your Lordships said last-mentioned judgement, seven miles, extending towards Lowestoft, there likewise mentioned. And in further pursuance of the said several orders and judgements, have, at the end of the said seven miles, given orders to set up a new post for the bounding of the limits, etc., according to your said orders and judgements, this present Wednesday, being the tenth day of June, in the fifteenth year of his Majesty’s reign.
Joseph Brand, and Thos. Medowes, Sheriffs.
Whereas James Wilde did declare, upon oath, at the bar, that the handwritings wherewith the said certificate is subscribed, are the hand-writings of the several sheriffs of the counties of Norfolk and Suffolk, and that he, the said James Wilde, did see them write the same.
Jo. Browne, Cleric, Parliamenti.
Thus was this long dispute and sharply-contested law-suit between Yarmouth and Lowestoft, respecting the herring-fishery, and which had been prosecuted by the respective parties for upwards of four years with the utmost vehemence, at length happily terminated by a decisive order of the House of Lords. Too much praise for this important and happy event can never be expressed by the inhabitants of this town on their worthy and indefatigable townsmen Mr. James Wilde, Mr. Samuel Pacey, and Mr. Thomas Mighells, who were the principal managers of this suit, and who so generously exerted themselves, during the whole transaction, in promoting the happiness of the place of their nativity, by defending its indisputable rights and privileges, and rescuing it from the ruin which threatened to overwhelm it. Consequently, their memories deserve to be transmitted to the latest posterity with the highest respect, veneration, and gratitude; and as their services for the interest of the town are too beneficial and important ever to be forgotten, so they who obtained them are deserving of every possible testimony of respect from their grateful townsmen, who to this day, are enjoying the fruits of their generous and unremitting labours for their benefit and happiness.
Soon after the settling of these differences, the town of Lowestoft sent letters of thanks to the several members of the House of Lords, who, during the debates, had interested themselves in defending and restoring to the town the re-possession of her ancient rights and privileges; namely, to Lord Hollis, the Earl of Anglesay, Earl Cornwallis, Lord Roberts, Lord Privy Seal, Lord Lucas, Lord Devereux, Lord Ashly Cooper, and others, acknowledging the many eminent services they had received from them; and assuring them, that for their great goodness and condescension, their Lordships would receive, as they were justly entitled, the thanks and prayers of many hundreds of the poor inhabitants of Lowestoft. The subjoined letter serves as a specimen of the whole.
To the LORD ROBERTS, Lord Privy Seal.
London, 28th June, 1663.
My good Lord, I being prevented taking my leave of your Lordship at my going into the country, do humbly beg your pardon. And by these presents I presume to return your Lordship the most humble and hearty thanks of the poor town of Lowestoft, and the fishermen thereof, for your great condescension in appearing for them against their rich and powerful adversaries of Yarmouth. For which your lordships will assuredly have the prayers of many hundreds, and God’s acceptance of so charitable a work; rendering your name and fame ever deep in the memory of future ages. My Lord, it was my lot to follow the business of that poor town, encouraged by the friends of our cause, amongst whom your Lordship has been one of the most eminent. For which great kindness I cannot express my thankfulness so sufficiently as I would, being, alas!—Yet my good Lord, I shall presume to subscribe myself, your Lordship’s ever most humble and grateful servant,
JAMES WILDE.
The expenses incurred by the town of Lowestoft in this suit with Yarmouth, amounted in the whole to about six hundred pounds. It was observed, in the former part of this section, that the town, in order to defray the charges of the suit with Yarmouth in the reign of Queen Elizabeth, respecting the situation of Kirkley road, had recourse to the rents and profits of the town lands; but on this occasion they made use of other methods, such as were judged the least burthensome to the town in general, and most effectual for the purposes for which they were wanted; such as levying a tax upon the herring fishery, and also upon the brewers and coopers residing in Lowestoft. The first levy was made in 1660, at two shillings a last upon herrings, which raised £67 12s.; the second levy was made in 1661, at five shillings a last upon herrings, which raised £114 9s.; the third levy was made in 1663, in the same manner as in the preceding year, which raised £159 2s. 3d.; the forth levy was made in 1665, which raised £108; and the fifth and last levy was made in 1674 (in order for a final discharge of all debts incurred by the town in the prosecution of this suit), and was made after the rate of two shillings upon every last of herrings, which raised £70. The levy made upon the brewers and coopers raised the sum of £62 10s., and was also applied to the purposes above-mentioned.