HCA 13/70 f.623r Annotate

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hee saith and deposeth that hee well knoweth the place or places called
the East Swale and hartie shoare and hath soe donne for theise fourtie
yeares last or thereabouts and saith the same is within the ebbing and flowing of
the sea and an arme of the sea, and a place where shipps of three hundred
tonnes burthen may at conveniencie of tide saile and passe in and out
and that the same is a part of the sea and for such commonly accompted
and reputed, and soe ought to be common to all ffishermen to fish in. And saith that
for theise fourtie yeares last and all the time of his remembrance the
ffishermen of Strowde and others not being of the hundred or Mannor of
ffeversham have used to fish there for flounders spratts, herrings soles
[?maodes] and [?throwbacks]. and this deponent living in Strowde and
Rochester hath within theise twenty yeares last often fished there him selfe
beginning about 22 yeares since. The premisses hee deposeth having bin
a ffisher man and boy theise fourtie yeares last or thereabouts, and living all
that space in Strowde and Rochester serving his apprenticeship in Strowde.
And otherwise hee cannot depose, saving that upon violence or interruption
made by the ffeversham men upon others of Strowde and
other places, and warrants thereupon taken out of this Court against such of
ffeversham that made the disturbance, they have submitted and come
to agreement with those whom they have soe disturbed.

To the Interrogatories. [CENTRE HEADING]

To the first hee saith hee is a fisherman of Rochester and claimes
right of fishing and dredging in the East Swale, hartieshore and other
the ffishing grounds in question.

To the second hee saith hee is one that is concerned in this sute against the
ffeversham men, and desireth that right may take place, and that hee
beareth a part of the charges of this sute.

To the third and fourth hee saith and deposeth that the ffisherman of
ffeversham have from time to time claimed to themselves the
fishing and dredging in the grounds and places in question, and have
used to ffish and dredge there, endeavouring to exclude all others; And
otherwise hee cannot answer saving as aforesaid.

To the fifth and sixth hee saith that the ffeversham men have
often by force resisted and interupted the ffishermen of Milton, Strowde
and places adiacent in their fishing on the grounds and places in question
and have often offered violence to them, and somtimes have carried them
ashore, and in particular they have carried the boate and goods of Richard
Thomas ofRochester ashore, and there detained them, but afterwards
restored them and made him satisfaction for what they tooke away. And
otherwise hee cannot depose.

To the seaventh and eighth hee saith the said ffishermen of ffeversham
use to watch the grounds in question to keepe others from fishing there
and otherwise saving as aforesaid hee cannot depose.

To the 9th hee saith hee this deponent about 22 yeares since being fishing there
the ffeversham men came and tooke away his net, but next day
restored it frerely againe, and otherwise negatively.

To the 10th hee saith the Interrogated Rippingall and [?Bertensells] are Inhabitants of
Strowde. And otherwise hee cannot depose.

To the 11th hee hath not soe deposed.

The marke of
[MARKE] Robert [?Curtes] [MARKE, RH SIDE]