STAC 5 M36/29f
Interrogatories to be ministered to Richard Jacklyn Marshal of the Admiral Court within the town of Kingston upon Hull 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 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 said Fellowship or any of them about the 6th day of October last 1579 deliver unto you a warrant note or other process and require you by verue thereof to seize or attach all such goods as were in a pink or ship of Hull haven called the William of Hull whereof William Hudson was master Wheresoever you found them either in lighter discharged or elsewhere and were not the said goods bought bartered and exchanged for other goods shipped out of England in a ship of Northbargen 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 as you know or have heard 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 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 contrary to a statute made in the eight year of the Queen’s Majesty that now is or no
2 Item did not you thereupon find in a lighter forty barrels and three hogsheads of oils and twelve barrels of salmon more which was taken on land out of the said lighter before you came unto it And did you not seize attatch and arrest the whole And were not the said forty barrels and three hogsheads of oils which were in the lighter carried to the common warehouse and there taken up and a cellar hired for keeping of the same of one Thomas Humfrey fermour of the said house And did not the same Thomas promise the said Henry Cocknedge before witnesses that the same goods should be surely kept And the same being laid into the said warehouse did not the said Cocknedge hang and fasten one lock upon the same door and you another lock on the same door And whether did you make Mr John Gregory late Mayor of the said town privy before any seizure was made of that which Mr Wilson and Mr Fawether had sent unto you for and when and in what place did you enform the said Mr Gregory thereof and what answered he.
3 Item did not the said John Thorneton and the said William Wilson and John Fawether with the said Henry Cocknedge after that the seizure arrest or attachment was made of the said goods 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 some lasts of oil discharged into a keel might likewise be seized attached or arrested or no
4 Item did not you the same day at after noon seize all the rest of the said goods And was not the said Gregory informed that they which sued 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 and Admiral in that port or haven for execution of the said act And of the Letters Patents thereby confirmed or no
5 Item did not the said William Wilson at that time in presence of the said John Thorneton and John Fawether offer to save the said John Gregory 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 hands or custody or at his appointment for his saving harmless And did he not say that he would not deal therein come of it what come will or to like effect.
6 Item did not the said Cocknedge or some other afterwards complain 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 and arrest And therefore did require the same John Gregory to cause the same to be stayed for to answer the law either by ordinary justice of that town or by dormant and process of the Admiralty And did not he the same John Gregory answer that he would not deal therein without special commandment from the higher powers or to like effect.
7 Item did not the said Cocknedge afterwards inform the said John Gregory that two locks which were hanged upon a cellar door which he the said Cocknedge had taken to lay in forty barrels and three hogsheads of oil parcel of the said goods and other things were broken or taken of And that the goods were carrying from thence by porters or other means contrary to the aforesaid seizure and attachment or arrest And was not 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 not to be carried away And had not he before given counsel or consented for the carrying away thereof as you know think or have heard And did he before that complaint or request hear or understand that any such thing was in doing or intend to be done And how did you know or hear that he understood of it And what did he for administration of justice in stay of the said goods And have you not known or heard that the said goods were carried away for lack of justice or stay contrary to the said arrest.
8 Item whether hath or had the said John Gregory or any other to his use any part in the said pink ship or goods or was he or any other to his use to have any part or profit therein either by way of adventure promise of bargain or priviledge of common bargain or other ways 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 consideration 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.
The examinations of Richard Jacklynge of Kingston upon Hull and Marshal of the Admiral Court there of the age of fifty five years or there abouts sworn and examined the fourth day of October Anno anno predicto before the said commissioners the fourth day of october Anno dni 1580 deposeth and sayeth as followeth
1 Item to the first interrogatory this deponent sayeth that William Wilson John Fawether together with John Thorneton and Henry Cocknedge or one of them did deliver unto this deponent a warrant or process for the arresting of certain goods of William Hudson George Aslabye and William Homes being in a ship called the William of Hull and did require him to go seize or attach the said goods wheresoever the same goods were found and further to this interrogatory he cannot depose
2 Item to the second interrogatory this deponent sayeth that immediately after the said warrant was delivered him, he went and found 34 barrels and three hogsheads of oil in a lighter and six barrels in a little boat but for any salmon he this deponent saw none to his remembrance which oil this deponent did seize attach or arrest and carried the same to a common warehouse and there took up the same into a cellar But of whom the cellar was hired this deponent cannot remember And he further sayeth that afterwards he found a lock hanged upon the cellar door And for that he this deponent thought him charged with the same goods And moreover he sayeth that he did not make the said John Gregory mayor of the said town privy before the said seizure was made and further to this interrogatory this examinate can not depose
3 Item to the third interrogatory this deponent to his remembrance cannot depose
4 Item to the fourth interrogatory this deponent sayeth that in the afternoon of the same day that the said goods were arrested he this deponent did likewise seize or arrest one last of oil or there abouts in a keel of York, but the certain quantity thereof this examinate remembereth not and further to this interrogatory this examinate can not certainly depose
5 Item to the 5th interrogatory this deponent cannot depose saving that he did hear afterwards the said John Gregory say that William Wilson did offer himself to be bound for one but no other would be bound with him for the same.
6 Item to the sixth interrogatory this deponent sayeth that he heard Henry Cocknedge declare to the said John Gregory that the company of the same ship had discharged part of the same goods into a keel of York and required proces forth // of the same who made him answer that John Lewes his clerk was then not at home neither had he any to give him counsel therein And further to this interrogatory he can not parfitly remember to depose
7. 8. Item to the 7th and 8th interrogatories he cannot depose