House of Lords Journal Volume 7: 5 May 1645

DIE Lunæ, 5 die Maii.

PRAYERS, by Mr. Hickes.

Ds. Grey de Warke, Speaker.

Lizing, Andrewes, & al. sent for, for disturbing the Countess of Sussex's Fishery at Wallfleet, alias Burnham.

Upon reading the Petition of the Countess of Sussex, and (fn. 1) the Affidavits of Ric'd Panton and Tho. Tyrrell; complaining, "That the Petitioner is disturbed in her quiet Possession of the Fishing in the River of Wanflett, and destroying the Brood of Oysters there."

(Here enter the Affidavits).

Hereupon it is Ordered, That John Living, John Andrewes, Jeremy Haukin, and the rest of the Persons mentioned in the said Affidavits, shall, for their Contempts to the Order of this House, be attached by the Gentleman-usher attending this House, and brought before their Lordships, to answer their said Contempt.

Ordinance to prevent the Importation of Train Oil by Foreigners.

An Ordinance prohibiting the Importation of Whaleoil, &c. but in Ships set forth from hence, and by English Subjects, was read Twice.

Vintners Ordinance.

Next, the Ordinance for discharging and freeing the Compounding Vintners from any Demand, for or concerning the Imposition of Forty Shillings per Tun, was read Twice.

Berkley & al. versus Winthrope & al.

Upon reading the Petition of Wm. Barkley, Alderman of the City of London, Henry St. John, and John de Bayley, Merchants:

It is Ordered, That Steven Wenthrope and Joseph Weld shall have a Copy of this Petition, and (fn. 2) return their Answer to the same by this Day Sevennight.

Ordinance to prevent the Adulteration of Wines.

Ordered, That it is referred to Mr. Serjeant Whitfield and Mr. Serjeant Fynch, to (fn. 3) draw an Ordinance, for preventing the sophisticating of Wines, and venting those that are already brought in, and present the same to this House.

Ordinance for Oxon, Berks, and Bucks.

The Ordinance to give Power to the Committee of the Three Counties of Oxon, Berks, and Bucks, was read Twice.

Answer from the H. C.

Dr. Aylett and Dr. Heath returned with this Answer to the Message sent to the House of Commons on Saturday last:

That they agree to the Letter to be sent to General Leven, and the Commissioners of Parliament residing with the Scottish Army; as to the Business concerning Sir Wm. Ryddell and Sir John Henderson, they will return an Answer by Messengers of their own.

Countess of Peterborough, a Protection for her House at Turvile.

Ordered, That the Countess of Peterborough shall have the Protection of this House, for her House, and Estate, and Woods, and Park, at Turville, in the County of Bedford.

Ordinance concerning Gloucestershire.

The Ordinance concerning Discovering of Estates of Malignants, for the Supply of Glocester, was reported as fit to pass, with an Alteration; which being (fn. 4) read, with the Alterations, it was Agreed to, and Ordered to be sent to the House of Commons, to desire their Concurrence therein.

Dr. Bennet, Leave to be absent.

Upon reading the Affidavit of Ric'd Butler, Servant to Dr. Bennett: It is Ordered, That he shall have further Leave to be absent from the attending this House, till the last of June next.

Trustees for Mrs. Bickley and Syms to give an Account of Monies.

Upon reading the Petition of Anne Bickley; and Information to this House, "That Sir John Mills desires to be released from the Trust concerning Mrs. Bickley's Estate:" It is Ordered, That Humphry Bell and Levinus Hooper may be appointed to be in Trust for her, as Sir John Mills was; and that James Syms shall give an Account to this House why he doth not deliver those Monies to her which are in his Hands.

Ordinance for a Committee to command the Summer's Fleet.

Ordered, That the Ordinance for appointing a Committee, to command this Summer's Fleet, shall be taken into Consideration To-morrow Morning; at which Time the Lords are to have Notice to be present.

April 29, 1645.

Panton's Affidavit about the Countess of Sussex's Fishery, at Wallfleet, alias Burnham, being disturbed;

"Richard Panton; of Burnham, in the County of Essex, Gentleman, maketh Oath, That, in or about the 27th Day of March last, he did see John Lyving, of Barling, in the said County of Essex, dredging and taking Oysters, and Brood of Oysters, in the River of Burnham, alias Wallsleete, at or near a Place there called Butts Clyff, contrary to an Order of the Lords in Parliament, of the Tenth of July, 1644; and this Deponent took and brought him before the Committee at Chelmesford, to have him receive condign Punishment, according to his Desert: But the Committee, upon reading of the said Order, and some debating upon the same, dismissed the said Lyving without any Punishment or Reprehension at all; notwithstanding this Deponent earnestly desired but a mild admonishing of him to forbear, lest, after his Example, others might be encouraged to do the like. The Committee replied, "That One could (fn. 5) not make Riot, or tumultuous Assembly;" therefore they were pleased to dismiss him without any Punishment or Admonition at all.

"And further this Deponent faith, That the next Week following, the said John Lyving came into the same River again as before, and with him Twelve or Thirteen Boats more, and did dredge and take Oysters, and the Brood and Spat of Oysters there; and the Week then next following, there came with the said Lyving between Thirty and Forty Boats more, whose were George Asser's, Edmond Bastwick's, Richard Frenche's, William Harte's John Lawrence's, Edmond Rule's, John Wiggin's, Josias Wiggin's, Wm. Tompson's, and Richard Horsenayle's, with divers others whose Names we cannot yet learn; all of them did dredge and take Oysters, Brood, and Spat of Oysters there; and many of them carried away the very Culsh or Gravel on which the Oysters spat or breed, to the utter Ruin or Destruction of that fruitful River, if not suddenly prevented; of which their destructive Course, and daily Increase of the same, this Deponent made his Second Complaint to the said Committee, but the Chairman answered, "That it was a Private Complaint, and they were busied about Public Affairs of State; that they neither could or would meddle with it; but that we must repair to the Lords for Relief, that made the Order;" or Words to that Effect.

"And this Deponent further faith, That the said John Lyving, and divers others of the aforesaid Persons, were served with the said Order, and required to yield Obedience thereunto; and yet did, after the Service thereof, continue their Fishing and Dredging, and spoiling the Spat and Breed, as aforesaid.

"Jur. 29 Die Aprilis, 1645.

John Page."

and Tyrrell's:

"Thomas Tyrrell, of London, Gentleman, maketh Oath, That, upon the 22th and 23th Days of this Instant Month of April, 1645, he, this Deponent, did see several Persons and Boats, to the Number of about a Hundred Persons, and Fifty Boats at the least, at Work in Fishing, in the River of Burnham, alias Walfleete, amongst whom (as this Deponent was then informed by John Toole, Peter Baker, Joseph Cripps, and others, who then affirmed that they knew the said Persons so fishing) there was then present and fishing there the Servants and Boats of Peter Faisly, James Johnson, Peter Miller, Attowell, Richard Wheatly, Thomas Anderson, Phillip Pratt, John South, Thomas Lilliston, Thomas Butts, and divers others, of Barking; and George Asser, John Lyving, John Andrewes, Jeremy Hawkin, Josias Wiggin, John Wiggin, Richard French, of Barling; and Edmond Bastwicke, Richard Lyving, William Hart, and John Lawrence, of Stanbridge; Peter Lawrence and Edward Rule, of Much Wakering; and Richard Barnes, William Thompson, and Richard Thompson, of Paglesham, in the County of Essex; and Henry Cobham, and John Skynner, Servants of the said George Asser, were then in the said Asser's Boats, and Robert Teer in the said Attowell's Boat; and they did then and there take and carry away much Fish, Spat, and Brood of Oysters, to the great Destruction of the Fishing there; notwithstanding this Deponent did then and there shew unto them an Order, made the Tenth of July, 1644, by the Lords in Parliament, for the quieting of the Possession of the said Fishing unto the Right Honourable Elleanor Countess Dowager of Sussex, and desired them to obey the said Order; and the said John Lawrence then read the said Order: And the said several Persons so fishing, or the major Part of them, did, in a contemptuous Manner, shout and hallow at this Deponent and his Company, immediately after the reading of the said Order; and continued there fishing and dredging of the Fish, Spat, and Brood of Oysters there.

Jur. 29 Die Aprilis, 1645.

"John Page."

Adjourn.

House adjourned till 9^a cras.