HCA 13/70 f.628r Annotate

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Suggested links

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Transcription

To the sayd allegation hee saith hee well knoweth that the grounds allegate called
East Swale and harty shoare are within the ebbing and flowing of the sea, and
hath (ever since this deponent knew them which hath bin for these 40 yeares
last past) bin commonly reputed to be an Arme of the sea and (as hee
hath heard) shipps of three or fower hundred tonnes burthen may sayle
and passe in and out there at halfe fludd or thereabouts and saith the same
is commonly accompted to bee a part of the sea and a place Common
for all ffishermen to fish in for oysters and other ffish And hee saith
that about eleven or twelve yeares since videlicet in 1643 some servants of this deponents
and one John Rippingale were fishing for oysters upon harty shoare aforesayd and were
(as the sayd servants told this deponent) violently and forcibly seized upon
by certaine ffishermen of ffeversham ad imprioned And this
depponent heareing thereof did demande his sayd servants and this deponents
boate (which they had alsoe seized) of the ffeversham ffishermen who refused to deliver either boate
or servants unlesse they were forced soe to doe by order of lawe, whereupon
this deponent in behalfe of him selfe and the sayd Rippingale petitioned the Earle of Warwicj then Lord high Admirall
of England for restitution of his sayd boate and servants and for the release of the sayd Rippingale who ordered
the ffeversham men to deliver this deponent his sayd boate and servants
and to release the sayd Rippingale which they did accordingly, [#]

[# LH MARGIN, AT 90 DEGREES]
saith the sayd Rippingale after his being released did arrest one
of the feeversham ffishermen who seized upon him for fishing in the sayd
grounds, for soe fishing and imprisoning him and
the sayd ffeversham man whose name was Heorge [?Iles] did in this deponents presence pay the sayd
Rippingale tenn pounds in satisfaction of the wrong[?er] hee had done
in seizing and imprisoning the sayd Rippingale as aforesayd
[?XXX XXXXsell] [SIGNATURE, LH MARGIN AT 90 DEGREES]

And further to this allegation hee
cannot depose./

To the Interrogatories./ [CENTRE HEADING]

To the first and second Interrogatories hee saith hee is a ffisherman of Strowde and payeth
and contributeth towards the charge of this suite and doth endeavour and
desyre tp pbtayne power to fish in the grounds in question, and beleeveth
hee may doe soe, it being as hee beleeveth an arme of the sea and
Common for all ffishermen And further to these Interrogatories hee cannot answere/

To the 3 hee saith that for these 40 yeares last of this deponents knowledge
the ffishermen of the hundred and Mannor of ffeversham have constantly
fshed and dredged upon the grounds in this Interrogatorie mentioned And further
saving his foregoeing deposition hee cannot answere./

To the 4th 5th and 6th hee saith hee beleeveth the ffishermen of ffeversham have ever
since this deponent knew the grounds in question pretended a right to them that
the ffishermen of their Mannor and hundred ought to fish in
these grounds exclusive to all other persons, but upon what reasons
hee knoweth not, nor hath heard, And further saving his foregoeing deposition
hee cannot answere./

To the 7th hee saith hee hath heard that the fishermen of the Mannor and
hundred of ffeversham have within these tenn yeares last stored
the grounds Interrogated with oysters And further hee cannot answere/