There were formerly in this town two other fisheries, called the North Sea and Iceland fisheries.  These fisheries were in a flourishing state about the middle of the last century, both here and at Yarmouth.  According to Swinden, the number of vessels employed in these fisheries in the year 1644, by the town of Yarmouth only, numbered 205; in the North Sea fishery, 182; in the Iceland fishery, 23; and it was at this time that these fisheries appeared to be in the most flourishing state.  Afterwards they gradually declined; for the merchants proving unsuccessful in their voyages, the number of adventurers decreased, and some years after, the fisheries totally ceased.  In the year 1740 there was only one boat sent to Iceland from Yarmouth, which appeared to be the last employed in this fishery.  At Lowestoft there were about 30 boats sent annually to the North Sea and Iceland; in the year 1720 they were reduced to only five; and in 1748, Mr. Copping, an eminent merchant in this town, was the last person who sent a boat from Lowestoft to the North Seas, which proving unsuccessful, put a final period to these fisheries, they being never attempted afterwards.

The first voyage to these seas was called the Spring voyage; after that was finished they went a second voyage, but returned home again time enough for the herring fishery; but those who were not engaged in the herring fishery, attempted a third voyage.  Cod and ling were the principal objects of this fishery, and in a good season would catch about 400 each vessel.

The method of curing these fish was by pickling them in casks, and some dry-salted; which, upon their return home, were exported to foreign parts.  The livers of these fish were a considerable article; these they carefully preserved in casks, and the oil they extracted from them was sold to a considerable amount.  There is a trench still visible upon the Denes, a little to the north of Lowestoft, in which stood the blubber coppers, where they used to boil the livers of the fish when they returned home from the voyage.  They also traded with the natives of Iceland, Shetland, Farra, etc., and imported from hence stockings, blankets, caps, and other articles of the woollen manufactory.

The first decline of these fisheries may be attributed, in a great measure, to the political animosities which subsisted between Yarmouth and Lowestoft, towards the conclusion of the reign of Charles I; for as Yarmouth, during the civil war, took an active part on the side of Parliament, so Lowestoft was as much distinguished for its attachment to the King.  In the years 1643 and 1644 the inhabitants of Yarmouth suffered so very much from losses at sea, in having their ships and vessels taken and carried off by armed ships acting in hostility against the parliament, that the town was greatly impoverished, and the fisheries to the North Sea and Iceland much injured.  From these circumstances, and the great indulgence allowed the Roman Catholics in foreign parts, in the observance of Lent and other times of abstinence, so prejudicial to fisheries depending on a foreign consumption, the North Sea and Iceland fisheries received so much discouragement, as never to recover it afterwards.

A ship, laden with soldiers and ammunition, sent by the queen from Holland, for the use of the King, springing a leak at sea was obliged to put into Yarmouth, where she was seized for the Parliament and given to the town, who equipped her and sent her to sea in 1645 as a man-of-war, to take any vessels, etc., that were in hostility against the Parliament.  Amongst the prizes which she made was the Pink, Captain Allen (afterwards Admiral Allen), of Lowestoft, who, it was said, was in rebellion against the Parliament, of which ship he was the owner of one half part, and which part was seized, and sold to Mr. James Wilde, of Lowestoft, for £35.

The Yarmouth men being thus distressed, applied to Parliament for a convoy to protect their trade; in consequence whereof, in 1645, three men-of-war were sent, by order of the lord admiral, to convoy their fishers and guard their coasts; who took several of their enemies who were engaged in the confederacy, amongst whom were some Lowestoft men.

As soon as the parties concerned in this confederacy (who had retired beyond sea) were informed of these proceedings on the part of Yarmouth, they sent the town the following letter:

To the BAILIFFS of GREAT YARMOUTH, in NORFOLK.

Right Worshipful,

We hereby give you to understand that those seamen of ours, which your men-of-war have lately taken, or may hereafter take in prizes of ours, be not imprisoned.  And that you set at liberty all those that are confined, otherwise you shall not have that usuage you formerly had from us.  Without delay let this be observed, else you will have cause to repent.  We have given you thousands of prisoners which we might have endungeoned, nay hanged, but that rebellious ignorance have pleaded their escape.  Now we can, if you compel us, make a hundred suffer for one.  Our pleasures are commended to you, by just and due observation, not to make the innocent suffer for the nocent.  Therefore we do daily set at liberty yours, supposing, that upon receipt of these, you will do the same by ours; otherwise we shall soon make known to you our intentions.

Thomas Allen, William Cope, George Bowden, John Dasset,
Richard Whiting, Peter Cliff, Francis Fourther,
Jonathan Banter, Browne Bushell, Jo. Merritt,
Dan. Wilkinson, Francis Colman.

Ostend, June 22nd, 1645.

The Yarmouth historian, speaking of this transaction, says, “Probably all these (who had subscribed the above letter) were Englishmen, who had fled for protection into foreign parts, and lived by plundering the Yarmouth fisheries and others upon the high seas, under pretence of loyalty, and serving their king and country.”

How far this censure is consistent with candour, I shall leave the impartial reader to determine; the only observation I shall make on it is this: that the town of Yarmouth having taken an active part in behalf of Parliament, and the town of Lowestoft, being as warmly interested on the part of the king; and the towns having also acted, for many years, as rivals to each other in the herring fishery, we may consider them, in a great measure, as inveterate enemies; whether we regard them in a political or commercial point of view; and, consequently, may easily account for their animosities, without having recourse either to censures or misrepresentations.

Captain Allen, a few years after, greatly alarmed the town of Yarmouth with the apprehension of an immediate retaliation of the injuries which he and his associates had sustained; for on Sunday, January 13th, 1648–9, he came into Yarmouth roads in one of the prince’s ships, and threatened an immediate revenge on the town: but it appears, notwithstanding these threats, that his humanity conquered his resentment; for neither history, nor tradition informs us, that the town of Yarmouth ever received any injury from him.

The only manufactory carried on at Lowestoft is that of making porcelain, or china-ware; where the proprietors have brought this ingenious art to a great degree of perfection; and from the prospect it affords, promises to be attended with much success.  The origin of this manufactory is as follows:—

But, notwithstanding this unhandsome treatment, the resolution of establishing a china manufactory at Lowestoft was not relinquished, but was revived again in the succeeding year by Messrs. Walker, Brown, Aldred, and Richman, who, having purchased some houses on the south side of the Bell lane, converted the same to the uses of the manufactory, by erecting a kiln and other conveniences necessary for the purpose: but, in carrying their designs into execution, they also were liable to the same inconveniences as the proprietor of the original undertaking at Gunton was; for being under the necessity of applying to the manufactories in London for workmen to conduct the business, this second attempt experienced the same misfortune as the former one, and very near totally ruined their designs; but the proprietors, happening to discover these practices of the workmen before it was too late, they took such precautions as rendered every future attempt of this nature wholly ineffectual, and have now established the factory upon such a permanent foundation as promises great success.  They have now enlarged their original plan, and by purchasing several adjoining houses, and erecting additional buildings, have made every necessary alteration requisite for the various purposes of the manufactory.  They employ a considerable number of workmen; and supply with ware many of the principal towns in the adjacent counties, and keep a warehouse in London to execute the orders they receive both from the city and the adjoining towns; and have brought the manufactory to such a degree of perfection as promises to be a credit to the town, useful to the inhabitants, and beneficial to themselves.

In order to discover the origin of those violent disputes and commotions which subsisted so long between Yarmouth and Lowestoft, respecting Kirkley road and the herring fishery, and to represent them in the clearest and most impartial manner, it may be necessary to advert to a preceding section, and to recapitulate from thence such circumstances as may tend to the better understanding the various transactions of the section we are now engaged in.

It was there observed, that in early ages, even before Yarmouth was founded, it is probable, that Lowestoft was the general rendezvous of both the northern and western fishers employed in the herring fishery; because, until the sand whereon Yarmouth was afterwards built appeared above the surface of the water and became firm land the fishermen that resorted to these coasts for herrings must necessarily have a place more southerly to assemble at.  That as soon as the sand called Cerdick sand had made its appearance, (the Saxons came first; afterwards the portsmen), they found its situation so extremely convenient for drying of nets, and the other necessary occupations of a seafaring life, that they began soon after to erect temporary booths or tents there, as their several circumstances would admit as well for the accommodation of their persons as the security of their property.  Soon after they had officers, called bailiffs, deputed by the barons of the cinque ports, to superintend the fishery for the space of forty days; afterwards they began to erect houses, and at last was founded the burgh called Great Yarmouth.

But the Yarmouth men, so far from being satisfied with the additional emoluments arising from these acquisitions, envolved themselves in fresh disputes with the men of Lowestoft, in the reign of Henry IV. respecting their customs, which were revived again in the reign of queen Elizabeth, (exclusive of the above-mentioned dispute with the portsmen in 1576), and again about the year 1659, when they attempted to extend their liberties beyond their legal bounds, and endeavoured to hinder the Lowestoft men from purchasing any herrings either at or near their own town, unless they paid the usual customs to Yarmouth; and grounded their claim on a pretence, that the grant of the 46th of Edward III. which extended their liberties seven leuks or miles from Yarmouth, was not to be measured from the key of Yarmouth, but from the mouth of the haven; and consequently would thereby wholly exclude the town of Lowestoft from buying herrings even in the roads belonging to their own town, unless they first submitted to pay such customs as should be claimed by the burgesses of Yarmouth.  They also endeavoured farther to show, that that part of the sea called Kirkley road was opposite the parish of Kirkley, a town situated about a mile to the south of Lowestoft, notwithstanding the real name of that part of the sea is Pakefield bay; and that the seven leuks prescribed in their charter as the boundary of their liberties, were not miles but leagues.

The above circumstances being premised, I shall now proceed to make some inquiries concerning the several charters granted to Yarmouth respecting the herring fishery, how far the liberties contained in those charters extended; and particularly, whether the charter which annexed Kirkley road to Yarmouth haven tended to exclude the town of Lowestoft from the privilege, which it had enjoyed from time immemorial, of buying and selling herrings in the roads belonging to their own town.

It was a matter of much controversy, during this contest, to ascertain with certainty where the place called Kirkley road was situated.  The Yarmouth men insisting that it was opposite the village of Kirkley, about a mile to the south of Lowestoft; and the Lowestoft men as strenuously asserting, that the real name of that part of the sea near Kirkley was Pakefield bay; that in consequence of the town of Kirkley having been formerly a town of considerable trade in the herring fishery, it gave to all the sea thereabouts, even as far as Yarmouth, the general name of Kirkley seas; part of which, namely, that which was situated a little to the south of where the haven’s mouth then was, was called Kirkley road, and was then annexed to Yarmouth haven.

In the old manuscript view of Lowestoft referred to in a former section (late in the possession of Thomas Martin, of Palgrave, in Suffolk) Kirkley road is placed between Lowestoft and Corton; and in the old map of the coast, given in Garianonum, the situation of Kirkley road is the same.

It was also alleged by the Yarmouth men, that the seven miles, the boundary of their liberties, granted by this new charter, was to be measured, not from the key, but from the haven’s mouth, which would exclude the town of Lowestoft from buying herrings, unless they paid the customs to Yarmouth; the Lowestoft men insisting, that the seven miles should be measured from the key at Yarmouth, and not from the haven’s mouth.

These declarations on the part of Lowestoft will receive further confirmation from the following extract from the town book, taken from Cawden:

About the year of our Lord 1100, about 500 years past, it pleased God to lay the first foundation of the east town of Yarmouth into firm land, even out of the main sea.  Which place was then called and known by the name of Sardike sand, and Sardike shore; and in a short time it proved to be a fit and commodious place for a town to be built, meet for seafaring men to inhabit in.  And by the permission of many noble kings in this land, his majesties progenitors, many did resort thither, and began to build the same, and to enclose it with a stone wall on the east side of the town (the haven being on the west side) inasmuch that within a short time the same grew populous.

And long before Yarmouth town was incorporated, the barons of the five ports did yearly hold a free fair in the three towns of Yarmouth (that is to say) Easton, Weston, and Southton, beginning the said fair on the feast of St. Michael and so continued forty days together.

And by the authority of the King, they did then use to make their repair thither on purpose for the governing of the said fair.  And in those days was yearly sent from the brotherhood of the five ports, and the antient towns, nine or ten bailiffs who governed the fair.  And it is to be noted, that long before any liberties were granted to Yarmouth, the towns of Lowestoft and Kirkley in the county of Suffolk, were built, and populously inhabited; and the then town of Kirkley being the greatest town of account, and the most antient upon the coast, and being a haven town, (the place now called Kirkley haven was the antient haven), before that Yarmouth was Yarmouth, and thereupon the whole fishing seas upon the confines of Suffolk and Norfolk, take the name of Kirkley seas.

And to this day the seas upon those coasts are called or known by the French fishermen coming there to fish, by the name of Kirkley seas.  And long since, before Yarmouth was incorporated there was such trading and merchandising of herrings at Lowestoft, and the same was by the Yarmouth men so much envied that civil wars subsisted for a long time between them, with much bloodshed, until it pleased God to take the matter into his own hands, who ended the strife with such a great mortality of people, that there died of the plague in Yarmouth 7,000 persons, and then the wars ceased.

By virtue of this charter, the Yarmouth men not only obtained the privilege of having Kirkley road united to the town and haven of Yarmouth, but also to receive the same customs there which had usually been collected before in the port of Yarmouth, and were also farther empowered to seize the ships, goods, etc., of such as bought or sold within seven leuks of it, under certain restrictions mentioned in the said charter.

The word leuk, leuga, or leuca, is liable to various definitions.  Blomefield says, that he has often rendered the word league, but must inform his readers, that he does not mean by it our league of three miles, nor agree with Mr. Bailey in making the distance one mile only (though he says it is so used in Domesday), being almost certain, the leuga in Domesday signifies two miles, or thereabouts, for that answers to the generality of places that I have examined, as to the extent, which to me seems the best way of judging such a point; and upon looking into the various glossaries, I find that several of them concur in the same opinion; for which reason, wherever the word occurs I mean by it two miles and no more.  Nevertheless, in the continuation of Blomefield, by Parkin, vol. V. it is said, “In the rolls of the King’s Bench it appears that the Bishop of Norwich had a fair at East Dereham, and that the town was sixteen leuca distant from that city; by which it is plain that a leuca was then (in 1277) accounted only one mile, Dereham being exactly sixteen measured miles from Norwich.”  But whatever may be the opinion of Blomefield on this word, Swinden confines the admeasurement of a leuk to be one mile only; probably upon the authority of Domesday and other antient records.  At the annual proclaiming of Yarmouth fair, the seven leuks are denominated to be seven miles.  And in the statute of the 13th of Richard II. for the extent of the King’s Government, the word implies a single mile.  Also, in the patent of the Knight marshal, for the extent of the government of the king’s household within the verge, the word leuca stands adjudged to be miles, eight furlongs to every mile, and to begin at the funnel of the chimney in the king’s lodging.

An indictment was brought by the burgesses of Yarmouth against John Botile and others, of Lowestoft, for that they, on Friday next after the feast of St. Luke the Evangelist, in the 46th year of the reign of Edward III. bought of John Trample, of Ostend, an alien, in the said place called Kirkley road, which is within seven leuks of Great Yarmouth, twenty-five lasts of new herrings value fifty pounds.

Against this charge the defendants returned only evasive answers, pretending that they knew not that the aforesaid place of Kirkley road was annexed to the port of Great Yarmouth, nor that there was a fair kept there, nor that the said place was in the county of Norfolk.  However, these were pleas which had too little the appearance of truth to be admitted in their favour, and therefore they were found guilty of acting contrary to the above charter, and of infringing on the liberties of Yarmouth.  Whereupon the said John Botile and others being convinced of their error, in refusing or evading the payment of the legal customs due to the town of Yarmouth, prayed the favour of the court, that the affair might be ended; and putting themselves upon the grace of the lord the king, they accordingly were fined and discharged.

In the year 1368, one John Lawes was hanged for exporting seven sacks of wool out of Kirkley road without paying the custom to Yarmouth.

As soon as this contentious business was decided, the inhabitants of Lowestoft, in the 50th year of Edward III., together with other commons, petitioned the parliament then holden to have the said grant or charter repealed; alleging that it opposed the common interest of the kingdom.  For this and other reasons specified in the said petition, the Parliament repealed the charter for uniting Kirkley road to Yarmouth haven.

The grant of Kirkley road repealed the 50th of Edward III.

In the Parliament roll of the 50th year of Edward III. amongst the petitions of the commonalty of England, is the following:—

Also be it remembered, that, as well, at the request of the commons of England, as at the suit of certain people of the town of Lowestoft, in the county of Suffolk, made in this Parliament, the charter of our lord the king, whereby he has lately granted to his burgesses of the town of Great Yarmouth, that a place in the sea, called Kirkley road, should be united and annexed to the port of the said town of Great Yarmouth for ever, be totally repealed and revoked, in respect to that new grant, as the thing was done contrary to the common profit of the kingdom; always saving entirely to the said burgesses, and to their successors, all their other privileges, franchises, and customs, granted and confirmed to them by the same our lord the king, or any other of his progenitors, with the clause of licet to them, granted by the same our lord the king.

Out of the roll of the parliament holden at Westminister, on Monday next after the feast of St. George, in the 50th year of the reign of King Edward III. is the following:

Edward, by the grace of God, King of England, etc.—Know ye, that we, the liberties and privileges to the burgesses and good men of the town of Great Yarmouth, lately so by us given and granted, at the suit and voluntary clamour of certain people, alledging that those liberties and privileges have been and are contrary to the profit of the republic, and to us and our people prejudicial and hurtful, in our parliament holden at Westminister, on the morrow of St. George, in the 50th year of our reign, with the assent of the prelates, earls, barons, nobles, and other great men, in the same parliament being, have revoked, and totally made void.

Witness myself, at Westminister, etc.

Soon after the repeal of this charter, Edward III. died; and a commission of ad quod dampnum was sued out by the burgesses of Yarmouth, concerning the said road, and directed to William de Ufford, earl of Suffolk; John Cavendish, William de Witchingham, William de Elmham, John de Sutton, Roger de Boys, and William Sibilys; dated 12th day of April, in the 1st of Richard II. alledging, that they were unable to pay the fee-farm rent tenths, and fifteenths, and to support the navy which they maintained in time of war, etc., unless they enjoyed the liberties granted to the burgesses by Edward, the late king of England.  By virtue of this commission, and in consequence thereof, an inquisition was taken at Yarmouth, on Friday next after St. Faith, in the 2nd of Richard II. which certified that Yarmouth was a place of defence, and able to resist the enemies, if it be supplied with a sufficient number of forces; that it is a good port for supplying vessels with provisions and necessaries during the fishing season; and that the said town of Yarmouth hath a certain port, the entrance of which is much in decay.  There was also another inquisition taken at Lowestoft the day following, which declared that Lowestoft is situated upon dry land, by the sea, and is not enclosed, nor has strength of itself to resist the enemies; but that the uniting of Kirkley road to the port of Yarmouth was to the damage of the men of Lowestoft.  The result of these inquisitions was that a survey of both the towns being taken by the commissioners, and laid before the parliament held at Gloucester, the Wednesday before St. Luke, 1738, it was presented, that, upon the whole, the uniting of Kirkley road to the port of Yarmouth might be prejudicial to the neighbouring towns, yet it would be advantageous to the community at large; and thereupon the former grant, which had been repealed was again re-granted to Yarmouth, by a private act or ordinance of his parliament, and confirmed by a charter dated the 25th of November, in the 2nd of Richard II.

Upon proclaiming of this charter, by the under-sheriff of the county, at Lowestoft, a riot was made by the inhabitants of that town; and in consequence thereof, an inquisition was ordered to be taken, to enquire into the causes of this disturbance, but it does not appear what ensued thereupon.

Before the invention of printing, charters, statutes, etc., were proclaimed by the sheriff in every county by the king’s writ.

An inquisition taken before John Harsyk, sheriff of Norfolk, on Monday next after the nativity of the blessed virgin Mary, at Little Yarmouth, in the second year of the reign of King Richard the second, after the conquest by the oath of Roger de Hakenham, Walter Read, William Barker, and other jurors, etc.

The charter for uniting Kirkley road to Yarmouth Haven was repealed the second time, the 5th of Richard II.  The grant restored again till the meeting of Parliament to consider of it, the eighth of Richard II.

At the meeting of parliament, which was in the ninth of Richard II. the last grant of the eighth of Richard II. was, by an ordinance of that Parliament, dated the 18th day of December, in the ninth of Richard II. annulled, and the act of repeal, in the fifth of Richard II. continued in force.

The last grant annulled the ninth of Richard II. and the repeal of the fifth Richard II. continued in force.

But notwithstanding all the allegations, statutes, etc., to the contrary, the burgesses of Yarmouth, by their petitions, etc., in the subsequent Parliament, holden at Westminster, in the tenth of Richard II, recovered all their former liberties and grants, by an act or ordinance of Parliament, which privileges, etc., were confirmed by a charter under the great seal of England, which charter has never since been repealed, but continues in force to this day.

After the re-granting of the said liberties and customs to the town of Yarmouth, by parliament, and confirmation of the same by charter, under the great seal of England, the burgesses collected the same customs in Kirkley road that had been usually paid in the port and haven of Yarmouth, without any molestation or interruption whatever.  For after this legal decision of this litigious and long-contested dispute, the Lowestoft men were compelled peaceably to submit to any inconvenience it might subject them to and, consequently, were under the necessity of farming of the town of Yarmouth the customs belonging to Kirkley road, at a certain annual rent, as the safest and most advantageous mode of proceeding.

FARMERS of KIRKLEY ROAD.

Sometimes the water-bailiff collected the rents, but it does not appear that Kirkley road was ever farmed during the reign of Queen Elizabeth, or afterwards.

Nevertheless, about the beginning of the reign of Henry IV. fresh disputes arose between the said towns, respecting the manner of collecting the said customs; the Lowestoft men endeavouring to deprive the burgesses of Yarmouth of their just and legal dues; and also indicted several officers and others belonging to Yarmouth, and carried the suit into the Court of Chancery, where it continued till an agreement between the contending parties was made by the King and his council, in the second year of his reign.  And in the following year another order was issued by the kings’ council, whereby an accord or composition, and final decision was settled and agreed upon between Yarmouth and Lowestoft, that the latter might buy herrings in Kirkley road under certain conditions therein specified.  And these decisions, the Yarmouth men were once more restored to their usual privileges, and for some time were permitted peaceably to collect their lawful customs in Kirkley road, and to proclaim their free fair there as usual as well as at the other stated places in the town and haven.

But, notwithstanding this seeming amicable adjustment, many fresh disputes arose soon after between the towns, which occasioned many interruptions, and at last frequent depredations on each other’s property; for the Yarmouth men would frequently make seizures of boats, etc., belonging to Lowestoft, under pretence of non-compliance with the last-granted charter; and not only continued to do so till the year 1595, the 37th of Elizabeth, but endeavoured also further at that time to extend the boundary of their liberties beyond the limits by the prescribed charter, which gave but too much reason for fresh complaints being exhibited against them.