Gillingwater's History of Lowestoft: a reprint: with a chapter of more recent eventsGillingwater, Edmund
History
Gillingwater's History of Lowestoft: a reprint: with a chapter of more recent events
Gillingwater, Edmund
Lothingland (England); Lowestoft (England)
After our hearty commendations.—Whereas, upon some controversy
between the towns of Yarmouth and Lowestoft, concerning the trade of
buying herrings, we have referred the consideration thereof to our
very loving friends Sir John Fortescue, Knt., Justice Clench, and
Justice Gawdy, who have accordingly returned certificates of their
opinions of the matter, which herewith we send unto you; we have now,
by the consent of both parties, made choice of you, as fit persons to
execute the determination of the said certificates and do therefore
pray and request you, or any five or four of you, with all convenient
expedition to undertake the pains of measuring the seven miles from
the town of Yarmouth sideway {79} according to the intention of the
privilege claimed by the town of Yarmouth, by their charters; and at
the end of the said seven miles so measured, to fix and set down
apparent marks; and also upon good examination and inquiry to set
down and define certainly where Kirkley road is which the charter of
Yarmouth mentioneth; where it beginneth, and how far it doth extend.
And of these two material points, and to certify your opinion and
proceedings there upon such further orders shall be given therein as
we shall think requisite. And so we bid you heartily farewell.
From your loving friends, etc.
But the burgesses of Yarmouth being conscious that they were prosecuting
a claim for which they had neither a legal nor equitable pretension; and
being also apprehensive, that if the affair was carried before the said
commissioners, and submitted to a strict and impartial investigation, it
would terminate greatly to their disadvantage; therefore they resolved as
there was but little prospect of being successful in the enquiry, they
would exert every effort in their power to retard and embarrass it; and
that the most effectual mode for accomplishing their designs would be to
counteract the commission; and accordingly, in a subsequent application
to the Privy Council for redress of grievances, they transmitted such a
partial representation of the case, as to obtain from their Lordships an
order for a new commission. In this second commission we find, that an
alteration was made in the appointment of commissioners; for in the place
of Anthony Wingfield, Esq., one of the commissioners nominated in the
first commission on the part of Lowestoft, William Rowse, Esq., was
appointed in this second commission, a person partially attached to the
interest of Yarmouth. And whereas, by the first commission, any four or
five of the commissioners had a power of deciding any point relative to
the dispute; but by the second commission it was ordered, that they
should be unanimous; and also it was further directed by the first
commission, that the inquiry should determine the two principal points in
dispute, viz., the admeasurement of the seven miles and the true
Public-domain text, read in full here on John Shaqi.
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