A long altercation then took place between the Suffolk gentlemen and the Under Sheriff of Norfolk. Mr. Roger Smith took the bold course of denying that the House of Lords had “the power to take away another man’s rights,” and professed to be quite unable to satisfy himself at what point the measurement should commence, etc. At length having firmly maintained his position till dinner, he left the Suffolk gentlemen and dined with the Bailiffs.
Having waited till Mr. Smith had finished his dinner, the Suffolk gentlemen again requested him to join in the measurement, but now he was not only obdurate but returned “unhandsome answers.” Accordingly at the request of the Lowestoft men, the Suffolk Justices and the Under Sheriff engaged two surveyors and undertook to make the measurement without him. They commenced at the “Crane Key” about 4 o’clock in the afternoon “pursued by multitudes with much insolence and disturbance.” They rode along the shore under the cliff watching the surveyors laying their chain and completed their task about half an hour before sunset. Having marked the place for the new post, a few yards nearer Yarmouth than that of the “ancient” post, (that put up in Elizabeth’s time) they went on to Lowestoft and stayed there for the night.
The following day was spent in great rejoicing at Lowestoft. The High Sheriff of Suffolk had now joined the party, and they were entertained by the town at the Swan Hotel.
A post was soon afterwards set up at the spot fixed upon, but the Yarmouth men acting on the advice of Mr. Roger Smith, refused to recognise it, and the Lowestoft men had again to appeal to the Lords to enforce their order. In the following April the House of Lords issued their warrant to their Sergeant-at-Arms to take into custody Roger Smith, the Under Sheriff of Norfolk and ordered that the measurement should be executed again by the two sheriffs. This was done, without further interruption, on the 10th June following, and another post fixed.
Mr. Roger Smith having been detained in custody for about a fortnight petitioned to be released on the ground that as long as he was in prison the King’s taxes could not be collected. He was brought to the Bar of the House of Lords and ordered to make instant 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 very hearty sorrow for not executing your Lordships’ order, and for any unadvised words uttered by me, which might have any reflection on your Lordships’ judgement and order concerning the matter in difference between the towns of Lowestoft and Yarmouth.”
It was further ordered that he should make the same humble submission before the people on the “Crane Key” at Yarmouth. On these conditions he was released. Doubtless both acts of penance were duly performed.
Although the ghost of the old charter was not finally laid by the result of the contest, it was the last time that the expensive process of an appeal to the Crown, or to Parliament, was resorted to for settling the disputes which it gave rise to between the two towns. The expenses of this protracted suit, defrayed by Lowestoft, amounted to £600, not a very large sum compared with modern experiences.
In order to prevent the question being again raised by Yarmouth as to the distance to which their privileges extended, when Charles II. gave the town a new charter in 1684, a special proviso was inserted in it—
“That the word leuca mentioned in divers former charters signifies an English mile and no more, as declared by the House of Lords in the 15th year of our reign.” [99]