STAC 5 M36/29c
STAC 5/M36/29c (f.8 of bundle) Interrogatories to be ministered unto John Lewes Town Clark within the town of Kingston upon Hull on the part and behalf of the Fellowship of English Merchants for the Discovery of New Trades complainant against John Gregory late Mayor and Admiral of the said town and port of Kingston upon Hull Defendant.
1 Inprimis whether did William Wilson and John Fawether Aldermen of the said town of Kingston upon Hull and Henry Cockenedge one of the factors of the Fellowship of English Merchants for the Discovery of New Trades or any of them about the third day of October last 1579 require your advice for the seizure of all such goods as were in a pink called the William of Hull whereof William Hudson was master which goods were bought bartered and exchanged for other goods shipped out of England in a ship of Northbargen in Norway whereof John Ellys was master, at a town called Cola in Lapland and other places northeastwards from the Port of London being under jurisdiction of the Emperor of Rusland and from thence brought in the said ship whereof Ellis was master to Northbargen And were there discharged and laden again in the said pink or ship called the William of Hull and in her transported to the said haven of Kingston upon Hull by William Hudson and William Holmes servant to George Asllaby of the City of York or no
2 Item whether did you after you had perused the Statute of Anno 8 of the Queen’s Majesty made for the said Fellowship then showed unto you say that you would make a note in writing and did you not then award a warrant or other process to one Richard Jacklyn Marshal of the said Court of Admiralty in the said towne of Kingston upon Hull to stay seize or arrest the said goods and every part thereof and was not the said process executed and in what manner and in what vessels or places was the same executed as you know or have heard, and did not the said John Gregory William Wilson John Fawether and Henry Cocknedge or some of them enform the said John Gregory thereof and did not they or some of them at or before that time shew him the said John Gregory the Act or printed book of an Act of Parliament for the Corporation of the said Fellowship of English Merchants for the Discovery of New Trades And did not they or some one of them read the same Act to him or did the said Gregory read it himself
3 Item did not they the said Thorneton Wilson Fawether and Cocknedge or some of them after such information made to the said John Gregory of seizure attachment or arrest of part of the said goods require of him that more of the said goods being in the said ship or pink and four lasts of oil then 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 any more of the said goods were according to the said arrest seized attached or arrested by the said marshal or any other And was not the same John Gregory informed that they which sued for to have the said arrest made did lack aid to land the said goods and did not they or some one of them for lack of such help require his aid and assistance being mayor of that town and admiral of that port or haven for execution of the said Act or the Letters Patent thereby confirmed or no
5 Item whether have you used to give a warrant in writing to the Marshal for arresting and staying of any ship or goods without a warrant from the Mayor being Admiral or no And whether is it used to take bond or surety to keep the Mayor harmless when any warrant goeth forth or process is awarded to arrest and stay any goods or ship before the arrest or seizure be brought into the Court yea or no And what order hath been by you as Town Clark there given and observed for attachments seizures or arrests by process out of the Admiralty there made
6 Item did not the said William Wilson in the presence of the said John Thorneton and John Fawether offer the said John Gregory to save him harmless for the said arrest and was it not also for his surety and assurance offered unto him that the goods so seized attached or arrested should remain in his own hands or Custody or at his appointment for his saving harmless or to like effect And did he not say that he would not deal therein come what come will of it or used words to like effect
7 Item did not the said 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 seizures or arrest and therefore did require the said John Gregory to cause the same to be stayed to answer the law either by ordinary justice of that town or by dormant or process of Admiralty or other means and how often was such request made unto him And did not he the said Gregory answer that he would not deal therein without special commandment from the higher powers or used he any other speeches to such effect
8 Item did not the said Cocknedge afterwards 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 parcel of the said oils and other things parcell of the said goods so seized were broken or taken off and that the goods were in carrying from thence by porters or other carriage 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 to answer to law according to the seizure attachment or arrest and not to be carried away And did not the said Gregory consent to the carrying away thereof as you think or as you know or have heard And did not the said Gregory before that complaint and request hear that such a thing was in doing or entended to be done as you know or have heard And how did you know or hear thereof And what answer made he to the said complaint and request And what did he for ministration of justice in stay of the goods And have you not known or heard that the said goods were caried away for lack of justice or stay contrary to the said arrest and his default or no
9 Item whether had or hath the said John Gregory or any to his use any part in the said pink or ship or goods or was he or any 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 were any of them promised to come to his use by bargain gift reward or by any other ways or means 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 or have heard.
(f.7 of bundle)
The examinations of John Lewes of Kingston upon Hull gentleman and Town Clerk of Kingston upon Hull of the age of 48 years or thereabouts sworn and examined on the part and behalf of the Fellowship of English Merchants for the Discovery of New Trades the fourth day of October Anno anno predicto before the said commissioners the fourth day of october Anno dni 1580 before the said Commissioners deposeth and sayeth as followeth
1. Inprimis to the first interrogatory this deponent sayeth that about the time mentioned in this article William Wilson John Fawether Aldermen of Kingston upon Hull and one to this examinate then unknown whose name he hath sithence parfetly learned to be Henry Cocknedge then one of the factors for the said fellowship or Company came to this deponent and told him that there was a pink called the William of Hull whereof was master or pilot one William Hudson arrived at the port of Kingston upon Hull And that there was in her certain goods or merchandises which were bought bartered or exchanged at Cola within the jurisdiction of the emperor of Russeland by such as were not free of the said Fellowship And then delivered to this deponent a statute imprinted touching the liberties of the said Fellowship desiring this examinate to peruse the same And for that they did understand that he was to ride from home they requested him that he would set down his advice in writing how the said goods might be arrested seized or stayed in his absence And to the rest of the words contained within this interrogatory this examinate his remembrance seweth him not now to depose.
2. Item to the second interrogatory this deponent sayeth that he said he would make a note in writing but whether he did so say before he had perused the said statute or after he p’aitely remembreth not, And he this examinate further sayeth that in deed he made a note in writing how Richard Jacklyng the Marshal of the Admiralty should arrest and stay the said goods in this examinate his absence And delivered the same to Mr Wilson and Mr Fawether or to the one of them desiring them to make Mr Mayor privy thereto But other warrant or process for the arresting of the same goods or any parcell of them then the said note in writing he this examinate made none And further to this interrogatory he cannot depose but by hearsay.
3. 4. Item to the third and fourth interrogatories this deponent cannot depose but by hearsay, saving that Mr Mayor for the time being is Admiral.
5. Item to the fifth interrogatory this examinate sayeth that he hath been register of the Admiral Court there fourteen years or thereabouts And during that time he hath used pon complaint made to him sometime by a note in writing without seal sometime by word of mouth and sometime by privy token to give order to the Marshal of Admiralty there to arrest and stay ships or goods without any warrant had from Mr Mayor as Admiral, and without making him privy thereto until the arrest were made. But other warrant than is aforesaid he hath not at any time made(but such only wherunto the Seal of the office of the Admiralty remaining in the custody of Mr Mayor or his assigns) haith been affixed And he also sayeth that during that time that he hath been register, there hath not to this deponents remembrance any bond orsurety been taken to keep the Mayor harmless; when any warrant or process hath goen forth or been awarded to arrest or stay and goods or ships before the arrest or seizure were brought into the Court And he further sayeth to this interrogatory that he hath not as Town Clark not by virtue of that office at any time taken any order for attachments seizures or arrests by process out of the Admiralty there.
6. Item to the sixth article he can[not] depose
7. Item to the seventh article to his remembrance he cannot depose
8. Item to the eight article he cannot depose but only by hearsay
9. Item to the 9th article he cannot depose
(Signatures) Legerd Gee Wakefeild