STAC 5/A37/34

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STAC 5/A37/34 - B Dr - 40 Eliz - London Kent - AG v Robert Cooley, Tobye Tucker, George Tucker et al see STAC Tooley

Transcribed by Helen Good

To the Queenes moste excellente Majestie

In all humblenes informeth your Highnes Edwarde Coke Esquire your Majesties Attorney general, That Whereas your Highnes by the lawes and Statutes of this your realm of England is moste lawfullie and rightfullie entitled to have dyvers and sundry Customes and subsidies of all Woollen Clothes to be shipped and Carryed over the Sea by waye of Marchandize out of this your highnes realme, And whereas John de Boys Marchaunt Strainger betweene the monethe of Aprill in the sixe and thirteth yere of your highnes reigne and the moneth of December in the Seaven and thirteth yere of your Majestes raigne did buy of Roberte Cooley of your Majestes Cittie of London Skynner by waye of marchandize to be traunsported beyond the seas the number of sixe and fortie brode Clothes, Which said brode Clothes being soe boughte of the said Roberte Cooley by the saide John De Boyes to be traunsported as aforesaid He the saide Roberte Cooley did at the same tyme undertake and agree to convey and traunsporte beyond the seas for the saide John De Boys, Whereuppon the saide John De Boys beinge verie Carefull and Desierous Duelie to paie and satisfye unto your Highnes all such Customes subsidies and Dueties which by reason of shippinge and traunsportacion of the said Sixe and fortie brode Clothes by waye of Marchaundise might growe due unto your Highnes did to that end and purpose eyther in speech and Communicacion with the said Roberte Cooley for and concerninge the payinge and discharging of the Customes subsidies and dewties which should accrue and growe due and payeable unto your Majestie for and by reason of the traunsportation of the saide brode Clothes beyond the seas as aforesaide And thereuppon by conclusion and agreement had and made betweene the said John De Boys and the said Roberte Cooley in or about the tyme aforesaid the said Roberte Cooley did Conclude & agree with the said John De Boys to paie and satisfie whatsoever somme or sommes should growe due to your Highnes for Customes subsidies or other Dueties for or by reason of the shipping and traunsportacion of the said sixe and fortie brode Clothes of everye of thereof the said John De Boys Did thereuppon paie unto the said Roberte Cooley for discharging of the Customes and subsidies and other Dueties of every of the same Sixe and Fortie brod Clothes to your Highnes the somme of Twelve shillinges a peece amounting in all to the some of Seaven & twentie poundes and twelve shillinges. But so it is maye it please your highnes that the said Roberte Cooley haveing gotten the said somme of money into his handes as aforesaid and . . . by the said . . . and conclusion made by and betweene the said John De Boys and him the saide Cooley to paie and dischardge all the Dueties subsidies and Customes Whatsoever which shoulde be due or payable unto your highnes for the traunsportinge of the said Clothes as aforesaide. He the said Roberte Cooley Without any regarde of your Majesties lawes Statutes and Ordynaunces made and provided against such as doe unlawfullie and fraudulentlie deceave and defeate your Majestie of such Custome and subsidie as by the lawes and Statutes of this your Highnes realme is due or payeable unto your Highnes did in or aboute the saide moneth of of December in the seaven and thirteth yere of your Majesties moste happie raigne and since your Majestes laste moste gratious and free pardon unlawfullie and sinisterly Combyne and Confederate with Georg Tucker and Nicholas Tucker your Majestes Searchers of Gravesend and Tobie Tucker their brother, not onlye to Defraud and unlawfullie to deceave your Highnes of all and everie such Custome and Subsidie and other Duetie due or payeable for your Majestes Custome for traunsporting of the said sixe and Fortie brode Clothes. But alsoe to Defeate ansd Defraude the said John de Boys of the said somme soe of him receaved for Discharginge of the same as aforesaid. And the saide Roberte Cooley havinge undertaken to the saide John De Boys to traunsport and convey for him over the seas the said Sixe and Fortie brode Clothes did accordinglie shipp and traunsporte the same beyonde the seas for the said John De Boys and yet nevertheles they the saide Roberte Cooley George Tucker Nicholas Tucker and Tobie Tucker verie sinisterlie and fraudulentlye did not aunswerr or paie any subsidie or other Duetie to your Majestie for the transporting of the same but by the Combynacion betweene them have Deceaved and Defrauded your Majestie of the wholle Custome subsidye and Dueties whatsoever due or payable to your Highnes for transportinge of the said Clothes as aforesaid and utterlie alsoe Defrauded John de Boys, and caused him to incurr the forfeyture of the said Clothes, Notwithstandinge the said John De Boys did well and truelie paie and satisfie to the saide Roberte Cooley the somme of seaven and twenty poundes and twelve shillinges for dischardge and payemente of the Custome subsidies and Dueties of the said Clothes as aforesaide. And likewise the saide Roberte Cooley hath Dyvers and soundry tymes besides sithence your Majestes laste generall and free pardon shipped and traunsported dyvers and sondry Clothes and other Marchaundizes for Dyvers other persons beyond the seas and yet by the sinister practizes and Compacte which the saide Tuckers hath utterly defrauded your Highnes of all such Dueties Customes and subsidies as by reason thereof were due or payeable unto your Highnes. And which practizes Deceiptes fraudes and misdemeanors soe Comitted and Donne by the said Roberte Cooley George Tucker Nicholas Tucker and Tobie Tucker as aforesaid are expresslie prohibited by your Majestes said lawes Statutes and Ordynances in such Cases provided and were Donne sithence your Majestes laste free and generall pardon and doe therefore Deserve severe and sharpe punishment to thende that thereby others of like lewde disposicion and apt to Comitt the like offences maye be terrifyed to offend in the like manner. Your Majestes said Attourney generall therefore Humbly prayeth that your Majesties most gratioious writt of Subpena may be graunted out of your Majestes Highr Court of Starrchamber to be to the said Roberte Cooley George Tucker Nicholas Tucker and Tobye Tucker Directed thereby Commaunding them and every of them at a certen Daie and under a certain paine therein to be lymitted personally to appeare before your highnes in your High Court of Starrechamber then and there to aunswerr the premisses and further to stand to and abide such order and direccion therein as to your Highnes and your moste Honorable Councell of the same Court shall seeme to stand with equity and Justice.

The Joint and severall demurrers of Robert Cooley and Tobie Tucker two of the defendantes to the Informacione of Edward Cooke Esquire the Queenes Majesties Attorney generall.

Wheareas your Majesties said Attorney generall hath in and by his said Informacione exhibited into this honorable Cowrte informed your Highnes that one John Deboyse in the Bill named betwene the moneth of Aprell in the six and thirteth yeare and the moneth of december in the seaven and thirteth yeare of your Highnes Raigne did buye of the said Robert Cooley to be transported beyond the seas six and Fortie broade Clothes And that the said Robert Cooley did at the same tyme undertake and agree with the said John Deboyse to conveye and transport beyond the the seas for him the said John Deboyse the same clothes. And did further conclude and agree to paye and satisfie whatsoever somme or sommes should growe due to your Highnes for Customes subsidies or other duties for or by reason of the shippinge and transportinge thereof. And that the said John Deboyse did in consideracione thereof paye to the said Robert Cooley for the discharging of the Customes and other duties for the said Fourtie six broade clothes to your highnes the some of twelve shillinges a peece amownting in all to the somme of seaven and twentie powndes and twelve shillinges And that the said Robert Cooley did in or about the said moneth of december in the seaven and thirteth yeare of your Majesties raigne unlawfully and sinesterlie Combyne and confederate with George and Nicholas Tucker your Majesties searchers of Graves end and the said Tobie Tucker to deceive your Majestie of all and everie the custome subsidie and other duties due to your Highnes for the transporting of the said Fourtie six broade clothes And also defrawde the said John Deboyse of the said twentie seaven powndes twelve shillinges receaved of him for the discharging of the same having undertaken to the said John Deboyse to transport and conveie the said Fowrtie six broade Clothes for him as aforesaid did accordingly shipp and transport the same beyond the seas for the said John Deboyse And yet neverthe lesse they the said Robert Cooley and Tobie Tucker and the said George and Nicholas Tucker very sinysterlie and fraudulentlie did not Answere or pay anie subsidie or other dutie to your Majestie for the transporting of the same but by combinacione betweene the said Robert Cooley and Tobie Tucker and the said George and Nicholas Tucker have deceived and defrawded your Majestie of the whole custome subsidie and dutieis Whatsoever due or payable to your Highnes for the transporting of the said clothes as aforesaid & utterlie also defrawded the said John Deboyse and caused him to incurr the forfeiture of the same clothes And that this defendant Robert Cooley hath divers & sundrie tymes besides sithence your majesties last generall and free pardon by the compacte aforesaid deceved your Highnes of divers other duties customes and subsidies due to your majestie for the transporting of divers and sundrie other clothes and other marchandizes for other parsons. Theis Defendantes therunto sayen that if it be true that the said Fowrtie six broade clothes weare transported and no custome paid for the same as by the said Informacione is pretended That then the said Clothes are by the lawes of this realme forfeyted unto your Majestie and your Highnes hath ordinarie and good remedie for the recovery thereof or the value of the said clothes And the said John Deboyes if he contracted and agreed with the said Robert Cooley and delivered unto him the somme of twentye seaven powndes twelve shillinges for the payment and discharge of the custome subsidye and all other duties payable unto your Highnes for the same clothes as in the said Informacione is supposed, then hath he the said John Deboyse his ordenary remeddy by the cowrse of the common lawes for the recoverie of the value of the said Clothes or otherwise for his said mony at the handes of the said Roberte Cooley at his election. For all which Cawses and for their detayning or none payment of Custome or any combinacione & confederacie in that behalf is not a matter determinable in this Honorable Courde. And for that their is no other matter in and by the said Informacione objected against theise defendantes And for that also in and by the said Informacione your majesties said Attorney dothe not shewe or specifie what kinde or manner of other marchandizes or what certaine manner of any other Clothes the said Robert Cooley hath so transported or for what parsons nor of what Customes or duties the said Robert Cooley hath deceved your Highnes. Theirfore and for that the said John Deboyse hath formerly before thexhibiting of the and Informacion exhibited his bill of complainte into this honorable Cowrt against theise defendantes for the same matters and cawses amonst others whearewith they are . . charged as and by the said Informacions uppon which Bill theis defendantes did demurr and for that the same demurrer being referred to the consideracion of Christofer Yelverton Sargeant at lawe who made reporte therof to this honorable Cowrte and signified his opinione theirby that he thowght fit the same shuldbe from thence dismissed. Theis defendantes doe demurr in lawe uppon the said Informacione for soe much therof as the same concernethe them theise defendantes and demaund judgement wheither they shalbe compelled to make any further or other Answere therunto and prayne to be dismissed with their reasonable costes and charges in this behalfe Wrongfully Sustayned.