HCA 13/70 f.622r Annotate
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To the said allegation hee saith and deposeth that hee well knoweth the
place or places allegate called the East Swale and harty shore being the fishing
places in question, and hath soe donne for theise thirtie yeares last past
and upwards, and for thirtie yeares last past hee this deponent hath
used fishing and hath used to fish in the said waters for herrings,
spratts, soles, place and other fish as being for that time a fisherman and boy of Strowde
and that for all the said time of his this deponents knowledge, and as hee
hath heard for time beyond the memory of man the ffishermen of Striwde
Milton, [?hastowe] and Gillingham have used to fish there from time to
time. And saith the said place or places caleld East Swale
is a navigable river or arme of the sea floweing up to hartie shore
on the water whereof a shipp of three hundred tunnes may saile and
passe in and out, and that the said place is a part of the sea and
within the ebbing and flowing of the sea and common to all fishermen to fish in, and for such the same was and
is commonly accompted and reputed. And otherwuse hee cannot depose
referring himselfe for the description of the fishing place or places in
question to the schedule left whereunto hee hath set his marke.
To the Interrogatories. [CENTRE HEADING]
To the first hee answereth that hee is one of the ffishermen of Strowde
in his owne right, and claimes thereby right of fishing on the waters
or grounds in question.
To the second hee saith that hee as a ffisherman of Strowde taketh himselfe to
be a partie in this businesse with the rest of the producents, and
endeavoureth to make good their right of fishing in the places in question,
and beareth part of the charges of this sute.
To the third and fourth hee saith that the ffishermen of ffeversham interrogated
for all the said time of this deponents remembrance have used to fish and
dredge upon the places interrogated, and for dredging for oisters in those
grounds they have claimed the same to themselves, and interrupted and
deturred others that were not of the mannor and hundred interrogated,
And otherwise hee cannot answer.
To the fifth and 6 hee saith the fishermen of ffeversham have often
interrupted and disturbed the fishermen of Strowde, miltonm and places
adiacent (not being fisher men of feversham) in their fishing in the
said waters by their owne power and strength, and have imprisoned
some of them as John Rippingall, John Saymmon and others, and
otherwise hee cannot depose saving as aforesaid.
To the 7th and 8th hee saith that the fishermen of ffeversham have
often taken the oisters out of the common grounds, and laid them up [?instead]
upon hartie shore and grounds in question, and otherwise hee
cannot answer saving as aforesaid.
To the 9th negatively.
To the tenth hee saith the interrogated John Rippingall and John [Bertensells]
are Imnhabitants of Strowde, and otherwise hee cannot depose.
To the last hee hath not doe deposed, referring himselfe to his foregoing deposition.
The marke of John O Bartholomew [MARKE, RH SIDE]