STAC 5 M36/29e
(f.6 of bundle)
Interrogatories to be ministered to Edward Cooke of the town of Kingston upon Hull merchant on the part of the Fellowship of English Merchants for the Discovery of new Trades concerning the matter in controversy between the same fellowship complainants against John Gregory late Mayor and Admiral of the said town and port of Kingston upon Hull Defendant.
1. Imprimis whether do you know that a ship of the town of Northbaghen in Norway whereof John Ellis Englishman was master under God laden with cloth and other commodities of this realm of England did in the year 1579 sail from this said realm unto a place or town called Kola in Lapland northwards, northeastwards or northwestwards from the port of the City of London within this said realm
2. Item who sailed in the said ship for merchant or merchantes pilot and purser during the voyage in the same ship to the said town of Kola and at what time of the year the said ship arrived there.
3. Item what kind of goods and what quantity of any kind of goods do you know or have you heard say the said ship did bring to the said town of Kola and discharge on land and sell there and of what value the same goods were
4. Item who were the owners and merchants and factors for the owners and marchantes of the same goods thither brought and there sold.
5. Item what kind of goods and what quantity of the same goods were laden in the said ship at the said town or in any other place or places nigh adjoining during the time she was there and of what value the same goods were
6. Item who were the owners merchants and factors that did buy the said goods in the said town and did lade in the said ship there
7. Item whether is the said town of Kola under and within the jurisdiction of the emperor or king of Rusland to where is the toll and head money paid there of what religion be the Christenned people there and whether do all the people of the north Lapland pay yearly tribute to the said emperor or King of England or not.
8. Item whether do you know or have you heard that the goods provided and bought in the said town of Kola and laden in the said ship of Northbarghen were from there transported and carried to the same town of Northbarghen there discharged or laid on land And immediately afterwards there or nigh the said town of Northbarghen reladen or shipped again in a ship or pink there provided and so from thence in the same ship or pink transported to the port and town of the said Kingston upon Hull
9. Item whether do you know that in October lat past 1579 Richard Jackling Marshal of the Admiral Court in the said town of Kingston upon Hull upon a warrant or other proces to him awarded or directed from John Lewes town clark of the said town and to him delivered by William Wilson and John Fawether alderman of the said town and one Henry Cockneidge one of the factors of the said Fellowship to seize attach and arrest all such goods as were in the said pink or ship within the haven of the aforesaid town did thereupon seize arrest and attach forty barrells and three hogsheads of oils and twelve barrels salmon which were taken on land onto a lighter whereinto the same oil and salmon were discharged out of the said . . . . before the said . . . . unto it And afterwards did not the same Richard Jackling arrest seize and arrest the whole by and with consent and licence of the said John Gregory late Mayor according to the act of Parliament made Ao . . .
10. Item whether do you know or have you heard say that the said oil and salmon which were in the lighter were carried to the common warehouse there taken up and a cellar hired for keeping of the same of one Thomas Humfrey farmer of the saidhouse And did not the said Thomas promise before you and other witnesses that the said goods should be surely kept And the same being laid in the said warehouse did not the said Cockenedge fasten and hang one lock on the door and Richard Jackling one other lock of the same door.
11. Item did not John Thorneton and the said William Wilson and John Fawether with the said Henry Cockenedge after that the seizure arrest or attachment of the said goods were made in the lighter go or repair unto the said John Gregory and require of him that more of the said goods being in the said pink or ship and four lasts of oil discharged out thereof into a keel might likewise be stayed attached or arrested or no
12. Item did not the said Richard Jackling the same day at after noon seize all the rest of the same goods and was not the said Gregory informed that they which sued to have the said arrest made did lack help 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 the said town and Admiral in that port or haven for execution of the said act ond of the Letters Patents thereby confirmed or no.
13. Item did not the said William Wilson at that time in 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 arrested or attached should remain in his own hnds or custody or at his appointment for his saving harmless And did not he say that he would not deal therein come of it what come will or to like effect
14. Item did not the said Cockenedge or some others afterwards complain to 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 attachment or arrest And therfore did require the said John Gregory to cause the same to be stayed for to answer the law either by ordinary justice of that town or by dormant or process of the Admiralty And did not he the said John Gregory answer that he would not therein deal without special commandment from the higher powers or to like effect.
15. Item did not the said Cockenedge afterwards inform the said John Gregory that the two locks which were hanged upon the said cellar door which the said Cockenedge had taken to lay in the said forty barrels and three hogsheads of oil and the said salmon parcel of the said goods were broken or taken off And that the goods were in carying from thence by porters or other means contrary to the said seizure attachment or arrest And was request then made to the said Gregory that the said goods might be stayed by justice or dormant or by some other means to answer the law according to the seizure attachment or arrest And had not he at some time before that complaint given counsel or consented for the carrying away thereof as you know think or have heard Or did he before hear and understand that any such thing was in doing or intended to be done And how did you know or hear that he understood of it And what did he for administration of justice in the stay of the said goods And whether have you known or heard that the said goods were carried away for lack of justice or stay contrary to the said arrest And in default of the said John Gregory or not
(f.3 of bundle)
The examinations of Edward Cooke of Kingston upon Hull merchant and one of the fellowship of the said trade of the age of 33 years ore thereabouts sworn and examined the forth day of October Anno domini 1580 before the said commissioners deposeth and saith as followeth
1. Inprimis to the first interrogatory this deponent saith that there was a ship which he had heard was of Northbargan in norway whereof one John Ellys Englyshman was master under god which ship he knoweth did transport certain cloth out of this realm of England Anno domini 1579 unto a place called Cola in Lapland
2. Item to the second he knoweth not any other merchant but those which sold the goods the which was brought in the same ship viz William Homes William Hudson and John Ellis Also the said William Hudson being pilot to that place and that the said ship did arrive at the port of Cola or so near as shipps be accustomed to arrive in the month of June Anno domini 1579
3. Item to the third he saith that the said ship had in her English cloth and wine viz 30tie cloths and one pipe of Basterd And by report this deponent heard that there was three score cloths more in the same ship but of his own knowledge he knoweth not nor of what value the same goods were of this examinate cannot depose
4. Item to the fourth he cannot depose otherwise than he hath already deposed to the second interrogatory
5. Item to the fifth interrogatory this deponent saith that there was laden into the said ship at the said town of Cola or places nigh there about; oil lashe hides tallow wax and salmon caiz[er] to the quantity of 35 tons of oil 35 hundreth of wax salmon to the value of two last; two hundred and fifty lash hydes but what quantity of tallow this deponent knoweth not nor of what value these goods were of this deponent cannot certenly depose.
6. Item to the sixth interrogatory he saith that he doth not certainly know who were the right owners of the said goods Saving one Francis Cherry who was owner of parcel of the same goods laden in the said ship And that the foresaid William Hudson William Homes and John Ellys were factors for the rest ofthe same goods in the same ship to this deponent’s knowledge.
7. Item to the seventh interrogatory this deponent saith that he doth verily think that that the town of Cola is under the jurisdiction of of the Emperor or King of Russelande for that the toll and headmoney there is paid unto the said Emperor by the Russes that therein inhabit And this deponent doth think the same people to be Christians And he further saith that the greater part of the people of North Laplande do pay tribute to the said Emperor or King of Russelande.
8. Item to the eighth interrogatory this deponent saith that he hath heard that the goods provided bought and brought from the said town of Cola and laden in the said ship of Northburgan was from thence transported . . . said town of Northburgan but otherwise than by report he knoweth . . . or landing of the same goods at northburgan or reloading . . . cannot depose Saving that he hath heard that some part of the same goods was reladen into a certain pink or ship at Northburgan and so transported to the town of Kingston upon Hull And this deponent doth better believe the same report to be true for that he did see certain goods discharged out of the said pink at Kingston upon Hull the which he did know to be the same goods the which were laden at the said town of Cola into the said ship of Northburgan.
(Signatures Legerd Gee Wakefeild
(f.5 of bundle)
9. Item to the ixth interrogatory this said deponent saith that Richard Jackling by force of a certain wrytte or a warrant delivered to him the said Richard Jackling M’shall of the said Admiralty from John Lewes by John Thorneton John Fawether William Wilson or Henry Cocknes or some of them by virtue whereof this deponent knoweth thatt the saifd Jacklynge dis arrest Seise or attach certain of the said goods at the staith of Anne Saltmarshe of Kingston upon Hull and also some other part in a lighter which he knoweth to be true for that he did hear the said writ or warrant read Att[All] then [?the end] whereof the people say god save the Queen And further this deponent hath heard say that the said Richard Jackling was aboard of the said pink and did arrest all the goods remaining in the said ship or pink but whether the said mayor did give his licence or consent thereunto this deponent cannot depose.
10. Item to the 10th interrogatory he saith that certain of the said oil and salmon was arrested in a lighter and upon the staith was taken up and carried into a common warehouse called the woolhouse and their laid into a certain Cellar of one Thomas Humphrey farmor of the said woolhouse who promised that the said goods should be safely kept And likewise as he hath heard the said Cocknedge and Jackling did either of them set a lock upon the same cellar door And further to this interrogatory he cannot depose.
11. Item to the 11th he saith that he hath heard that the said Thorneton Wilson Fawether and Cocknedge did after the arrest or attachment of the said goods in the lighter made go unto the said John Gregory but what request they made to the said John Gregory this deponent doth not know.
12. Item to the 12th interrogatory he saith that he did see Richard jackling go into a keel in Hull haven the same day in the after noon to arrest certain oils which was in the said keel But what quantity was thereof this deponent knoweth not And further this deponent did hear that the said Gregory was informed that they which sued to have the arrest made did lack help to land the same goods and likewise did hear that the same Henry Cocknedge did require of him aid and assistance for the landing of the same goods
13. Item to the 13th interrogatory this deponent saith he hath heard that the said William Wilson did offer to the said Gregory to be bound to save him harmless and otherwise to this interrogatory he can[not] depose
14. Item to the 14th article this deponent cannot depose
15. Item to the 15th interrogatory that deponent hath heard that the said Henry Cocknedge did inform the said John Gregory that the said two locks which was hanged upon the said cellar door wherein the said goods were laid were taken or broken off And that the goods were in carrying away and requested the said John gregory that the said goods might be stayed by him But otherwise than by report this deponent cannot depose Saving that this deponent believeth in his conscience that for lack of iustice the same goods was carried away.
(Signatures) Legerd Gee Wakefeild