Die Martis, videlicet, 20 die Maii.
Prayers, by Mr. Carryll.
Ds. Grey de Warke, Speaker.
Countess of Sussex's Fishing at Burnham, alias Wallflet.
Upon reading the Report of Mr. Serjeant Fynch,
concerning the Difference of Fishing, between the
Countess of Sussex and others, in Burnham Waters:
(Here enter the Report.) It is Ordered, That when
the Countess of Sussex shall signify to this House that
she is satisfied, and the Parties have made their Submission to her, then the Parties shall be released for
their Restraint, paying their Fees; and all Orders made
by this House concerning this Business shall be ratified
and confirmed in all Points; and this House expects
Obedience to the same by all Persons.
Answer from the H. C.
Doctor Aylett and Doctor Heath return with this
That they do agree in the Paper concerning Sir
Inhabitants of Twickenham and Islewortlr, Petition for a Maintenance for their Ministers out of the Rectory Impropriate.
Upon reading the Petition of the Inhabitants of
the Parishes of Twickenham and Istleworth, in Com.
Midd. sheweth, "That, by reason of the Hardness of
the Times, and general Decay of Mens Stocks, the
several Vicarages of the said Parishes are utterly
disabled to maintain a Preaching Ministry there; that
the Rectories of the said Parishes, worth about Three
Hundred Pounds per Annum, are jointly Impropriate
to the Dean and Canons of Windsor, and now in
Lease to Henry Mildmay Esquire, at the Yearly Rent
of Thirty-five Pounds, or thereabouts, which said
Rent is now sequestered by the Committee of the
said County for Sequestrations:
"Whereupon the Petitioners humbly pray, that
the said Rent may be assigned towards the
Supply of the said Vicarages, and for the
Encouragement of the present godly Ministry, which, by the good Providence of God,
they have obtained."
It is Ordered, That this Petition be especially recommended to the House of Commons, with a Desire
of their Concurrence, that it be referred to the Lords
and Commons for Sequestrations, that they may have
the Thirty-five Pounds per Annum, as is desired to be
Earl of Stamford's Petition, for concealed Goods of Delinquents.
Upon reading a Petition of the Earl of Stamford;
shewing, " (fn. *) The Houses having given him the Benefit
of what shall be by him discovered of Malignants
Goods concealed, desiring it [ (fn. †) may be] Ordered,
that he may have Leave to discover what Goods he
can, as come to Camden House."
It is Ordered, That this Petition be communicated
to the House of Commons.
Message to the H. C. with it, and the following Petitions.
A Message was sent to the House of Commons, by
Sir Edward and Mr. Page:
1. To deliver to them the Earl of Stamford's Petition, with Recommendations to have his Desire according to the Petition.
2. To deliver to them the Petition of Mr. Baldwin.
3. The Petition of Colonel Francis Thompson.
4. The Petition of Mary Nicolls.
5. The Petition of Captain Euseby.
6. The Petition of Doctor Elliott.
7. The Petition of the Inhabitants of Isleworth and
Twickenham, with the Sense of this House upon it.
Lady Newburgh and Barret versus Sir H. Foster.
Upon reading the Petition of the Lady Katherine
Newburgh, and the Affidavit of John Gregory: (Here
enter the Petition and Affidavit.) It is Ordered, That
no more Timber shall be for the future cut upon the
Lands mentioned in the Petition, until the Title be
tried; and that such Timber as lies upon the Ground
cut shall not be carried off; and that Sir Humphry Foster
shall have a Copy of the Petition.
"Die Martis, 20 Maii, 1645.
Report from the Committee of both Kingdoms, about reducing the Forces in Staffordshire;
At the Committee of both Kingdoms, at Derby-house.
"To be reported to the House of Lords, That, for
the County of Stafford, there is a Petition for the
reducing of the Forces thereof; which, for that it
cannot be done without Money, is reported to the
House of Commons.
concerning Free Trade;
"For that of Free Trade, it was appointed to be
considered this Day; but for that most of the Committee is to be at a Common Council in London, it is
deferred till To-morrow.
and about sending Ordnance to Leicestershire.
"That for Leicester sheire, there hath been Warrant
issued for sending some Guns thither, which is all they
"Secretary to the Committee of both Kingdoms."
Lady Newburgh, and Barrett alias Leonard's Petition, versus Sir H. Foster.
"To the Right Honourable the Lords in Parliament assembled.
"The humble Petition of the Lady Katherin Newburgh, Relict and Executrix of the late Lord
Newburgh deceased; and of Richard Barrett,
alias Leonard, Esquire, within Age, by Dudly
Lord North his Grandfather and Guardian;
"That the said Lord Newburgh, being, by Fine,
Recovery, and other good and indefeazible Assurance
in Law, lawfully seised in Fee of the Manors of Stanford Dingley and Molv'ton, and some other Lands,
in the Com. of South'ton and Berks (about the Yearly
Value of Three Hundred Pounds), did, by Bargain
and Sale, enrolled in Chancery, dated 23 Augu. last,
convey and assure the same unto Challoner Chute
Esquire, and Robert Briscoe Gentleman, and their
Heirs, upon Trust, to dispose the same as by his last
Will and Testament in Writing was or should be limited or appointed.
"The said Lord Newburgh, being lawfully indebted
to several Persons above Five Thousand Pounds, did,
by his last Will and Testament, written with his own
Hand, dispose of the Rents, Issues, and Profits, of
the said Lands, and the Woods thereupon growing
(being a great Part of the Value thereof), to be
taken by the Petitioner his Executrix; and also so
much of the said Lands as should be necessary to be
sold by his said Trustees for the Payment of his
Debts; did also thereby limit all Inheritance, or so
much thereof as should remain unsold, to your Petitioner Rich'd Barrett, and his Heirs.
"That Sir Humphrey Foster Knight, pretending himself sometimes to be Heir to the said Lord Newburgh,
and sometimes to claim by Conveyance from him
(though indeed without any Manner of Right), taking Advantage, in that the Petitioners have no present Means to enforce the said Trustees to enter upon
the said Lands, and dispose the same for Payment of
the Debts as aforesaid, and also that, as well through
the Want of a Sheriff in One of the said Counties,
as by reason of the Situation of the said Lands near
to several Garrisons of the King's, the Petitioners
cannot have any speedy Remedy against him, hath
lately caused a Son of his, Mr. William Foster, with a
great Number of Workmen, to cut down great Quantity of the Woods and Timber Trees growing upon
the said Lands; and doth threaten to cut down the
rest, and, to that Purpose, hath in the Towns adjacent proclaimed Wood-sales thereof, at mean Rates;
thinking thereby utterly to deface and waste the Premises, before your Petitioners in any ordinary Course
have Remedy against him.
"Now, forasmuch as your Petitioners have offered
to manifest the Title of the said Trustees to the said
Sir Humfrey Foster, or any Counsel that he will nominate, and ready to make it appear, by all such
Ways as your Lordships shall appoint, that the said
Sir Humfrey Foster hath no Colour of Right to the
Premises, and doth carry himself therein as a Destroyer rather than an Owner; and for that your Petitioners have no possible Remedy in any ordinary
Course, as this Case is, to prevent this Wrong and
"May it please your Lordships to appoint some
Time, to hear your Petitioners and the said Sir
Humfrey Foster touching the Premises; and to
command him and his Agents, in the mean
Time, to forbear the cutting down of any
more of the said Woods and Timber, who
will otherwise in very few Days (in the Course
that he now is) wholly strip the same off the
"And (fn. *) they shall pray, &c.
Du. North. Kath. Newburgh."
Gregory's Affidavit, that Sir H. Foster had caused Timber to be feiled on the Manor of Stanford Dingley.
"John Gregory, of the Parish of Andrews Holborne,
maketh Oath, That, being employed and sent, on
Monday last, by the Right Honourable the Lady Newburgh, to go down to the Manor of Stanford Dingly,
in the County of Berks, he there found divers Timber
Trees felled; (videlicet) in Hayward's Ground, within the said Manor, to the Number of Fifteen Oaks,
Six Ashes, and Three Alders, and there found Four
Workmen at Work about the said Trees, who told
this Deponent, that they were set on Work by Mr.
Foster Sir Humfrey Foster's Son, and one Thomas
Grove the said Sir Humfrey's Servant: And also faith,
That, in other Lands within the said Manor, (videlicet), at Burfeild Ground, he found about Forty Trees
cut down, and the Workmen there; and some of the
Tenants of the said Manor informed this Deponent,
that these Trees were also cut down by the Appointment of the said Mr. Foster and Grove; and saith,
That some of the Bark of the said Trees was carried
from off the Ground where the Trees stood, into another Lordship or Parish (as this Deponent was informed), himself not knowing the Boundary of the
said Parish: And this Deponent faith, That, speaking
with a Tanner whom he had heard had bought the
Bark, the Tanner told him, that he had been in the
Town with Sir Humphrey Foster on Friday, being the
Ninth of this Instant May; and that Sir Humfrey
bad him pay the Workmen, and bring him the rest
of the Money; and further faith, That there are
more Trees within the said Manor marked to be
felled: And this Deponent also faith, That he was
informed that they intend to go on, and fell and cut
down more Wood and Timber, both in the said
Manor of Stanford Dingly, and also in the Manor of
Woolverton, in the County of South'ton.
Jur. 21 May, 1645.
Report concerning the Counters of Sussex's Fishery at Burnham, alias Wallsteet.
"Die Lunæ;, 19 Maii, 1645.
"May it please your Lordships,
"In Pursuance of your Lordships Order of the 16th
of this present Month of May, in the Cause wherein
the Right Honourable the Countess Dowager of
Sussex is Plaintiff, against John Andrews and others
Defendants; I have, in the Presence of the Counsel:
of the said Countess, and of the Defendants John
Andrews, John Liveing alias Robiant, Edward Rule,
Richard Robiant, and Jeremy Hawkyn themselves,
taken into Consideration the Matters to me referred;
and I do find that the late Earl of Sussex had a Verdict,
in Michaelmas Term, in the 17th Year of His now
Majesty's Reign, in His Majesty's Court of Common
Pleas, against the said John Andrews, for fishing, and
taking Fish, in his Lordship's several Fishing in Burnham, in the County of Essex; and the said Defendants did now before me confess and acknowledge,
that, after your Lordships Order (of the 10th of
July last) was served upon them, they had fished in
the said Countess of Sussex her Fishing, in the said
Burnham Water, contrary to the said Verdict and
Order; and that they are very sorry for their said
Offence, and do humbly desire your Lordships Pardon,
and that the said Countess will be pleased to forgive
them; and do promise that they will never fish there
any more without her Ladyship's Licence; and will
enter into Bond to her Ladyship to that Purpose; and
if her Ladyship will be pleased, upon this their humble Submission and Suit, they will become her Ladyship's Tenants, and take Licence of her Ladyship for
fishing, at such reasonable Rents as shall please her
Honour: All which I humbly submit to your Lordships grave Wisdoms.