STAC 5/M36/29a

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STAC 5/M36/29a (f.2 of bundle)

Interrogatories to be ministered unto John Thorneton, William Wilson, and John Fawether, Aldermen of the town of Kingston upon Hull, produced as witnesses in the part and behalf of the Fellowship of English Merchants for the Discovery of New Trades pt. against John Gregory, Mayor and Admiral of the said town and haven of Kingston upon Hull, Defendant.

1 Inprimis whether did you or any other with Henry Cockenedge, one of the factors of the said Fellowship, about the third day of October last 1579, require the advice of one John Lewes, Register of the Admiral Court in the said town Kingston upon Hull, for the seizing of all such goods as were in a pink or ship in the haven called the William of Hull, whereof William Hudson was master. And were not the said goods were bought, bartered, and exchanged for other goods shipped out of England at a town called Cola in Lapland and other places Northeastwards from this Port of London and under jurisdiction of the Emperor of Russland and from thence brought a said ship, whereof one John Ellis, an Englishman born, was then master, to Northbargen in Norway and were there discharged. And being in the said place recharged into the said pink or ship, were they not transported from thence to the said haven of Kingston upon Hull contrary to the Statute, made in the eight year of the Queen’s Majesty’s reign that now is, by William Hudson and William Holmes, servant to George Aslaby of the City of York, or no

2 Item whether did the said John Lewes, after he had perused the Statute, say that he would make a note in writing and did not the said John Lewes thereupon award a warrant, or other process, to one Richard Jacklyn, Marshal of the said Court of Admiralty there, to stay seize or arrest the said Ship and goods and every part thereof. And whether was the said process or warrant executed and in what manner and upon what cause and in what vessels or places as you have known or heard, and by whom was it executed. And whether did you or any other inform the said Gregory thereof, and who and how many did so inform him. And did not you or some other, at or before that time, shew him, the said Gregory, an Act or printed book of an Act of Parliament for the Corporation of the said Fellowship of English Merchants for Discovery of New Trades. And was not a copy of the said Act or the said Act left with him to consider of. And how long did he keep it as you know or have heard.

3 Item whether did you or any other, after such information made unto the said John Gregory of the seizure attachment or arrest of part of the said goods, require of him, the said John Gregory, that more of the said goods being in the said ship and four lasts of oil discharged out of the said ship into a keel might likewise be seized attached or arrested, or no.

4 Item whether did you know or hear that the said arrest was made, or any more of the said goods were, according to the said Request [sic], seized attached or arrested by the said Marshal or any other. And was not the said Gregory informed that they which sued for to have the said arrest made did lack aid to land the said goods, and did you or any other, for lack of such help, require his aid and assistance, being Mayor of that town and Admiral of that port, for execution of the said Act and of the Letters Patents thereby confirmed, or no.

5 Item did not the said William Wilson, in the presence of the said John Fawether and John Thorneton, offer the said Gregory to save him harmless for the said arrest making, and was it not also for his further surety and assurance offered unto him, that the goods so seized arrested or attached should remain in his own hands, custody, or appointment for his saving harmless, or speeches to like effect. And did he not say that he would not deal therein, come what come will of it, or to the like effect.

6 Item did not Cocknedge or some other complain afterwards unto the said John Gregory that the Company of the said pink or ship had discharged some of the said goods into keels of York or other vessels, contrary to the said seizure or arrest, and therefore did require the said Gregory to cause the same to be stayed according to the law, either by ordinary justice of that town or by dormant or process of Admiralty, or some such other means as he thought best. And did not the said John Gregory answer that he would not deal therein without special commandment from the higher powers, to the like effect.

7 Item did not the said Cocknedge, or some other, inform the said John Gregory that two locks which were hanged upon a cellar door, which the said Cocknedge had taken to lay in forty barrels and three hogsheads of oil and other things, being parcell of the said goods so seized, were broken or taken off the said door. And that the goods were in carrying from thence by porters, or other means, contrary to the said seizure attachment or arrest. And was not request then made to the said John Gregory that the said goods might be stayed by justice or dormant, or by some other ordinary means, to answer to law according to the arrest seizure or attachment. And whether had the said Gregory given his consent for the carrying away thereof. Or did he, before that complaint or arrest, consent or hear that any such thing was in doing or entended to be done, as you think, or as you know, or have heard. And what did he for administration of justice in stay of the goods. And have you known or heard that the said goods were caried away for lack of justice or stay, contrary to the said arrest and in default of the said Gregory, or no.

8 Item whether had or hath the said John Gregory, or any other to his use, any part of the said ship or goods, or any other for him, to his use, to have any part or profit therin, either by way of adventure, promise of bargain, or priviledge of common bargain, or otherwise howsoever. Or came any of the said goods to his hands or to his use. Or were any of them promised to come to his use by bargain, gift, reward, or by any other ways or means whatsoever, sithence the arriving thereof. And for what consideration and by what means. Or hath he had any other thing given or promised him for suffering of the said goods so to be conveyed away, as you think, know, or have heard.

(f.1 of bundle)

The examinations of certain witness taken sworn and examined before Richard Legerd esquire, William Gee, Edward Wakefield, and George Cressewell, gentlemen and commissioners the fourth day of October in the 22th year of the Reign of our Sovereign Lady Elizabeth the Queen’s most excellent Majesty that now is, by virtue of her Highness’s commission unto them directed bearing date the 22th day of June last past, or any three or two of them, for and concerning the examination of certain witnesses for a matter in controversy betwixt the Fellowship of Merchants of England of the New Trade of the one party, and John Gregory on the other party, every one by him self, as followeth.

1. Inprimis William Wilson of Kingston upon Hull, merchant (of the age of fifty two years or thereabouts) and one of the fellowship of the said new trade sworn and examined to the first interrogatory deposeth and saith as followeth viz. that he together with John Fawether and Henry Cocknedge did go to one John Lewes to ask his counsel what they might do for the seizure of certain goods, laden in a ship or pink in Hull haven or Road, about the third day of October 1579, But of whence the said ship or pink was, he certainly knoweth not, but by report called the William of Hull, and by like report William Hudson the master of her. And further by report that the said goods was bartered at Colay in Lapland for goods that was shipped out of England, and from thence brought in John Ellys ship to Northburgham in Norway, and there was discharged and reladen into the said pink called the William to the port or haven of Kingston upon Hull (as it was reported). And further to this article he cannot depose, saving that so far as he supposeth (if the report were true) they were transported contrary to the statute.

2. Item to the second interrogatory he saith that, to his remembrance, the said John Lewes did read over the statute, and, after the reading thereof, the said John Lewes did deliver a note in writing to the said John Fawether or Cocknedge, who delivered the same note unto Richard Jackling, Marshal of the Admiralty here in Hull, to arrest the goods that was in the same ship, who did go presently to arrest the same goods. But whether it was for the arrest of the ship, or no, he knoweth not, and that parcel of the same goods was arrested in Hull haven, being discharged out of the same ship into a catch by the said Richard Jackling. And the cause of the arrest was because it was reported that the same goods was transported from Cola in Lapland. And this deponent further saith that, after the delivery of the said note or process to Jackling, he together with John Fawether and John Thorneton, merchants and free of the said Fellowship, did go to the said John Gregory, taking with them the copy of a statute for the Corporation of the said Fellowship And then the said John Thorneton or John Fawether did read over the same statute to the said John Gregory who could not read the same himself, and, as he thinketh, they did take the same statute with them again, but he is not certain thereof

3. Item to the third article he saith that this examinate, together with the said John Thorneton and John Fawether, or any of them, did require the same John Gregory that the residue of the same goods both in the ship and Keel might be arrested. But what quantity of goods was in the ship or Keel he knoweth not and further to this article he cannot depose.

4. Item to the fourth he saith that he did hear that the goods was arrested,and that after they were arrested he, this examinate, John Thorneton, John Fawether, and Henry Cocknedge did all go to the said John Gregory, to crave aid and assistance to get the same goods upon land.

5. Item to the fifth he saith that he, this examinate, did not offer to to the said John Gregory to save him harmless (of himself) for the same arrest, but that he would be one of the sureties for the same. But for any offer of the same goods to be delivered to the said John gregory for his discharge, this exinate remembreth not, and further to this interrogatory he can not depose.

6 Item to the Sext interrogatory this Deponent saieth that he did heare the said Cocknedge say to the said John Gregor; that there was diu’se of the said goodes dischairged into keles of Yorke, who requested the said gregorye that he might have ayde of hym for the stay thereof. who made hym aunswere that he wold not Deale therein excepte that he had comandment ffrom the hygher powers/ from the higher powers

7. Item to the seventh article this deponent saith that he did hear, by the report of the said Cocknedge, that two locks the which was set upon the cellar door by the said Cocknedge and Jackling, where the said goods arrested did lie, was broken and the goods carrying away from the same cellar. And that request was made by the said Cocknedge to the said Gregory that the said goods might be stayed to answer the law. And as for the staying of the same goods, the said John Gregory did nothing. And further to this interrogatory he cannot depose.

8. Item to the eighth interrogatory he cannot depose

The examinations of John Fawether of Kingston upon Hull, merchant, and one of the fellowship of the said new trade of the age of forty eight years or thereabouts sworn and examined the day and year above written and before the said commissioners deposeth and saith as followeth:

1.2.3.4.5. Inprimis to the first, second, third, fourth, and fifth interrogatories this deponent deposeth and saith in all things in effect as his precontestes, William Wilson, hath deposed.

6. Item to the sixth he saith in all things in effect as precontestes hath said Saving that he doth not remember these words unless he had further counsel from the higher powers

7. Item to the seventh this examinate saith as his precontestes William Wilson hath before deposed saving that John Waddy, Keeper of the Woolhouse, told to this examinate that, before that the locks were broken up, he went unto the said John Gregory and told him that Wydowe Brotherycke and Christofer Ellys was come to break open the same locks and further to this interrogatory he cannot depose.

8. Item to the eighth interrogatory this examinate cannot depose

The examinations of John Thornton of Kingston upon Hull, merchant, and one of the said fellowship, of three score years or thereabouts, sworn and examined the fourth day of October Anno predicto before the said commissioners deposeth and saith as followeth

1. Inprimis to the first interrogatory deposeth and saith in all things as his precontestes William Wilson hath saith saving that he did not go to the said John Lewes with the said William Wilson, John Fawether, and Henry Cocknedge.

2. Item to the second this deponent saith that he did not hear the said John Lewes say that he would make a writing, but he saith that he did see a note in writing, made by the said John Lewes and sent to the said Richard Jackling, the manner and form how to do, for the arresting and staying of the said goods. Whether it was for the ship or not, he knoweth not, but he did hear that the said goods was arrested by force of the said writing; some part in the ships, some part in the catch, some part in a keel, by Richard Jackling. And that when as the goods were in arresting (in the catch as he supposeth) and before that the goods were arrested in the Keel and ship, this deponent, William Wilson, and John Fawether went and did enform and made the said John Gregory privy, that the said Marshal and Cocknes were goen to arrest the same goods in the catch. At which time he, this deponent, William Wilson, and John Fawether did show the same John Gregory one printed book of an Act of Parliament for the Corporation of the Fellowship of English Merchants for the Discovery of the New Trades, but, to his remembrance, he thinketh that the said printed book of an Act was not left with the said John Gregory.

3.4.5.6.7. Item to the third fourth fifth sixth and 7th interrogatories he saith in all things in effect as his precontestesWilliam Wilson hath deposed saving that this deponent did not go to Mr Mayor to crave aid, for that he was then in the presence of Mr Mayor when aid was requested. And also, at that time, he, this deponent, required his aid likewise. And that the offer that was made for being sureties was made by the said William Wilson and not by this deponent.

8 Itm to the eighte interrogatorye this examinate can not depose.

(Signatures) Richard Legerd Wyllm Gee Edwarde Wakefeilde