House of Lords Journal Volume 7: 20 May 1645

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 Answer:

That they do agree in the Paper concerning Sir Theodore Mayerne.

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 settled.

Earl of Stamford's Petition, for concealed Goods of Delinquents.

Upon reading a Petition of the Earl of Stamford; shewing, " (fn. 1) The Houses having given him the Benefit of what shall be by him discovered of Malignants Goods concealed, desiring it [ (fn. 2) 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 desired.

"Gualter Frost,

"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;

"Shewing,

"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 Destruction;

"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 said Lands.

"And (fn. 3) 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.

"John Gregory."

"Tho. Heath.

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.

"Nath. Finch."