STAC 5 M36/29d

STAC 5/M36/29d (f.16 bundle)

Interrogatories to be ministered to the witnesses to be produced on the part and behalf of John Gregory Def. against the Company and Fellowship of English Merchants for the Discovery of new Trades complainant

1 Inprimis whether do you know a ship lately called the William of Hull or not

2 Item whether do you know or have heard that the said ship and goods were arrested about the month of October in the 21th year of the Queen’s Majesty’s reign and by whom was the same arrested and in what place and where was the defendant at the time of the said arrest

3 Item what person or persons did first cause or procure or make any means that the same ship and goods should be so arrested and what do you know touching the same

4 Item whether was not the same arrest made by the force of a warrant made or written by one John Lewis the Town Clerk of Hull directed to one Richard Jacklinge and whether was the said defendant being then Mayor of Hull made privy to the obtaining of the said warrant or to the arrest that was made by virtue of the said warrant before the granting forth of the said warrant and arrest so made or not and what do you know touching the same

5 Item whether do you know that the said Jacklinge did make the said arrest by the assent privity request or commandment of one John Thornton William Wilson and John Fawether or any of them or not and what do you know touching the same

6 Item whether do you know that the said Thonton Wilson and Fawether at the time of the said arrest were and yet are free of the said Company of Merchants or not and whether were they or any of them the principal procurers of the said arrest as you know or suppose.

7 Item whether do you know or have heard that after the said arrest the Lord President and council of the north parts did write their letters to the said Lewis Jacklinge Thornton Willson Fawether and Cocknedge or to any of them to release or discharge the said arrest of the said goods and ship or else to appear before them and to show cause to the contrary or to that effect

8 Item whether did the said Lewis Jacklinge Thornton Wilson Fawether and Cocknedge releasse the said arrest or appear before the said Lord President and Council according to the contents of the said process and what do you know touching the same.

9 Item whether do you know that the said defendant was contented to have given aid to the said arrest only so that the said Willson Thornton and Fawether or such like three would become bounden for the saving of him the said defendant harmless of the said arrest or not and what do you know touching the same

10 Item whether do you know that att the time that the said defendant was contented (as aforesaid or at any other time that the said Thornton Willson and Fawether or any other three such persons did offer to become bounden to the said defendant accordingly or not as if they did what manner of offer did they make and at what time and in whose presence and what do you know touching the same

11 Item whether do you know that at the time that any bond was made and offered by the said persons or any of them or by any other to the said defendant and what sum of money or penalty was contained in the said bond if not what other offer of any bond was made and by whom and in what sort and by what words or speech was the same made and what do you know touching the same

Walmysley Lector

(f.4 of bundle)

The depositions of certain witnesses producted [sic] sworn and examined on the part an behalf of John Gregory of Kingston upon Hull gentleman defendant on the one pary against the Fellowship and Companie of the English Merchants for the discovery of New Trades complainant on the other party taken the forth day of October Anno Domini 1580 before Richard Legard and George Criswell esquire William Gee merchant and Edward Wakefield gentleman commissioners by virtue of the Queen’s Majesty’s commission to them directed out of the court of the Star Chamber in that behalf appointed as followeth.

Richard Jackling of Kingston upon Hull aforesaid merchant and Marshall of the Admiralty of the same town of the age of fifty and five years or thereabouts a witness produced and sword on the part and behalf of the said def

1 To the first of the said interrogatories deposeth and saith that he this examinate cannot depose

2 To the second he saith that he this deponent did arrest a certain ship in Hull have (the name of which ship he cannot now remember) nigh unto Mr William Gee staith about the month of October last past at the time of which arrest he left the said defendant then being Mayor of the said town of Kingston upon Hull in the Trinity Church there and after that he had arrested the said ship he found the said defendant at home in his own house the same day at dinner.

3 To the third he saith that Mr Wilson and Mr Fawether two of the Aldermen of the said town did send for him this examinate he this examinate then being in the said church who when he came to them did find them the said Wilson and Fawether standing at Mr Thorneton’s door together with the same Mr Thorneton and going with them the said Wilson Fawether and Thorneton into the said Thorneton his house they did command this deponent to go and arrest the said ship whereupon on Henry Cockredge did deliver unto this deponent a certain writing (which they said they had of Mr Lewis the Town Clark) to arrest the said ship

4.5. To the fourth and fifth he saith that the said arrest was made by him this deponent by force of a note or writing not sealed to him directed by the said John Lewis the town clark which the said Mr Thorneton told this deponent was written by the said John Lewis and that this deponent went presently according to their commandment and arrested the said ship and goodsnot making the said defendant then mayor privy to the same And further he this examinate saith that he thinketh verily that the said defendant was not then made privy to the procuring of the said note or writing and arrest.

6. To the sixth he saith that the said Mr Thorneton Mr Wilson and Mr Fawether were the principal procurers of the said arrest, who at the time of the same arrest as he this examinate heard it credibly reported were free of the said company of Discovery of New Trades

7. To the seventh he this examinate deposeth and saith that after the said arrest there was process served on the said Cocknedge directed from the Lord President and council of the North as he hath heard say for the delivery of the said goods which report and hearsay this examinate thinketh on his conscience to be true.

8. To the eighth he this examinate cannot depose.

9. To the ninth this deponent deposeth and saith that the said def (then being mayor) told this deponent that he did offer the said Thorneton Wilson and Fawether that if they would be bounden to him the said def to save him harmless he would give them aid of the said arrest and that the said Wilson did offer to be bound for one and because the said Thorneton and Fawether did refuse he the said def would not deal therein.

10.11. To the tenth and eleventh he this examinate cannot depose.

John Thorneton of Kingston upon Hull aforesaid merchant of the age of 60 years or therabouts an other of the witnesses produced and sworn on the part and behalf of the said John Gregory

1 To the first of the said interrogatories deposeth and saith that this same examinate cannot depose.

2 To the second he saith that he this examinate did hear that the goods being in the said ship about the 6th 7th or 8th of October in the 21th year of her Majesty’s reign were attached and arrested by Richard Jacklinge and Henry Cocknedge in Hull haven and that some part of the said goods being in a catch were arrested without the knowledge and consent of the said John Gregory then being mayor and that the other part of the said goods being in a ship and a keel the said defendant gave his consent to the arresting thereof So that nothing were done whereby the said defendant might be

sigs Legerd Gee Wakefeild

f.12 of bundle

indempnified or touched by law And further saith as he this examinate as he this examinate thinketh the said def was in the said towne of Kingston upon Hull at the time of the said arrest.

3. To the third he this deponent saith that as he thinketh the governor and company of Russie did . . . . send downe the said Cocknedge one of their factors to make a stay and arrest of the said goods in the said ship with a letter directed to this deponent and others of the said company for to aid and assist him with their advice and counsel for the doing thereof whereupon William Wilson John Fawether and the said Cocknedge went to John Lewis the register of the Admiral Court in Kingston upon Hull to have his advice concerning the said arrest of the said goods who perusing the statute made for that purpose did send unto the said Jackling by the said Wilson Fawether and Cocknedge or one of them a note in writing declaring the order and form how he should make the said arrest and further to this article he this examinate cannot depose

4. To the fourth he saith that he this deponent did hear that the said arrest was made by force of a note or writing made by the said John Lewis sent to the said Richard Jackling and that he this deponent doth think that the said defendant was not made privy to the obtaining of the said warrant and that some part of the said goods were arrested before the same defendant was made privy thereunto so far as this examinate thinketh.

5. To the fifth he this deponent saith that (as he remembereth) he this examinate was not privy to the first arrest until such time as the said Jackling was gone to make the same arrest And that he verily thinketh that the said arrest was made by the consent and knowledge of the said William Wilson and John Fawether.

6. To the sixth he saith that he this deponent the said William Wilson and John Fawether were at the making of the said arrest and yet are free of the Company of Merchants for the Discovery of New Trades And that he this deponent (as he remembereth) was no principal procurer of the said arrrest and likewise supposeth that the said Wilson and Fawether were not and to this article he this examinate cannot further depose.

7. To the seventh he this deponent saith that he did hear of a letter sent and directed from the Lord President and council of the North as he remembereth to on Cocknedge Jackling and others for the discharge of an arrest made by the said Jackling and Cocknedge of the said goods But whether the said letters were for the discharge of the arrest made of any ship he this deponent doth not remember.

8. To the 8th he saith that so far as he knoweth the said goods were not released by force of the said letters and that the parties named in the said interrogatories nor any of them did not appear before the said Lord President and council to show cause to the contrary And further saith that he this deponent hath heard say that the said goods arrested were taken and carried away before the delivery of the said letters.

9. To the ninth he saith that this examinate was present with the said defendant and did hear when Cocknedge came to the same defendant and told him that the said goods were in carrienge away requiring aid of the same defendant for the staying of the said goods who answered that he the said defendant would not deal therein except he might have good bond or sureties for the saving of him the said def harmless for and concerning the same arrest Whereupon the said William Wilson answered and said that he the same William Wilson would become bounden himself as one: and then the said Cocknedge asked this deponent if that he this same deponent would become as an other surety who said I came hither to give advice and not to be bounden But that he the said def did precisely ask the said deponent Wilson Fawether or three such like to become bounden unto him the same def to save him the same defendant harmless as aforesaid he this examinate doth not remember.

10.11.To the tenth and eleventh of the said interrogatories he this examinate deposeth and saith that neither he this same examinate himself together with the said William Wilson and John Fawether nor any such like three to this examinate his knowledge did offer to become bounden to the said defendant to save him harmless as is aforesaid And further to this interrogatory he this examinate cannot depose saving that he this deponent did hear say that the said Cocknedge had brought two sureties to be bounden with him to the said defendant but what persons they were this deponent knoweth not

(Signatures) Legerd Gee Wakefeild

(f 13 of bundle)

William Wilson of Kingston upon Hull aforesaid merchant of the age of [42 or 52] years or thereabouts an other witness produced and sworn on the part and behalf of the said John Gregory

1. To the first of the said interrogatory deposeth and saith that he this examinate doth know a ship which as he heard reported is called the William of Hull.

2. To the second he saith that as touching the said ship he doth not know whether she were arrested or no And he saith further that the goods in the said ship were arrested in Hull haven by one Richard Jackling (as it was reported to this examinate by one Henry Cocknedge) about the month of October in the 21th year of her Majesty’s reign by force of a note or writing directed from John Lewis the town clerk there and delivered by John Fawether or the said Cocknedge to the said Jackling and that the said Cocknedge was the principal causer of the said Jackling to arrest the said ship and goods so far as he this examinate thinketh and that the said defendant was at home in his own house in Kingston upon Hull aforesaid at the time of the delivery of the said writting as he this deponent supposeth

3. To the third he this deponent saith that as he thinketh the company of merchants for the Discovery of New Trades were the cause of the arresting of the said goods that the said Cocknedge did procure it and that at the desire of the same Cocknedge this examinate and John Fawether did go with the same Cocknedge to the said John Lewis for the obtaining of the said writing and that either the said Cocknedge or John Fawether delivered the said writing to the said Jackling wch Cocknedge and jackling went presentlie about the executing of the same so farr as he this examinate remembereth.

4. To fourth he this examinate saith that the said arrest was made by force of the said warrant or writing made by the said John Lewis the town clark of Hull directed to the said Richard Jackling and that the said def was not made privy to the obtaining of the said warrant or writing (so farr as he this examinate thinketh) till after the same was delivered to the said Richard jackling And further he this examinate saith that he supposeth that some part of the said goods were arrested before the said defendant was made privy to the same.

5.6. To the fifth and sixth he saith in all things and by all things as the said John Thorneton his precontestate before him hath deposed and said.

7. To the 7th he saith in all things and by all things as the said John Thorneton his precontestate before him hath deposed and said to the sixth article; saving that he this examinate saith that as he thinketh the said Cocknedge told him this examinate that the said letter contained in the said interrogatory was delivered to the said Cocknedge and that the same letter touched not the rest of the persons named in the said interrogatory as he this examinate thinketh.

8. To the 8th he saith that so far as he this deponent remembereth the said parties named in the said interrogatories did neither appear before the said Lord President and Council nor yet deliver the said goods.

9. To the 9th he this deponent saith that as he remembereth the said defendant did say he would not deal in the matter except that he had authority from the higher powers or else might have sureties to save him harmless and thereupon the said Cocknedge did ask this deponent whether he would be surety or no, who said that he this examinate would be surety for one and then either the said defendant or Cocknedge did ask the said Thorneton if he would be another which Thorneton said (as this defendant remembereth) he was set there to give counsel and not to be surety.

10. To the 10th article he saith to his remembrance he did never hear or know any three offer to be bounden to the said defendant to save him the same defendant harmless.

11. To the 11th he this examinate saith that he did never hear of any bond or of the offering of any bond to be sealed saving that he this examinate did offer to be bounden for one surety himself as is aforesaid and further he this examinate cannot depose.

John Fawether of Kingston upon Hull aforesaid merchant of the age of 48 years or thereabouts a witness produced and sworn on the part and behalf of the said John Gregory

1. To the first of the said interrogatories deposeth and saith that he doth not know the said ship but hath heard it reported that there was a ship called the William of Hull.

2 To the second he saith that he hath heard the said goods was arrested about the month of October in the 21th yeare of the Queen’s Majesty’s reign by Richard Jackling in Hull haven and that he this deponent William Wilson and Cocknedge did will the said Jackling to make the first arrest of the said goods And further he saith that the sending for Richard Jackling to make the said first arrest the said defendant was in the high church of Kingston upon Hull as the said Jackling said to this deponent as this deponent remembereth.

3. To the third he this examinate saith that as he supposeth the governor and others of the company at London of the Fellowship of Merchants for the Discovery of New Trades were the first cause procurers and means of the said arrest to this examinate his knowledge and further to this article he doth not know saving that after the receipt of a letter from the said governor and company the said deponent and William Wilson did go with Henry Cocknedge to John Lweis when the said Cocknedge did go to the same Lewis for process and then after gave their consent to the arresting of the said goods

4. To the fourth article he this examinate saith in all things and by all things in effect as the said John Thorneton his precontestate hath before him to the said 4th article deposed and said saving that this examinate was privy to the said note taken from John Lewis for the arresting of the said goods.

(Signatures) Legerd Gee Wakefeild

5. To the fifth he saith that he this examinate and William Wilson were made privy and did give their consent to the arresting of the said goods and he further saith that whether this [?ex. did] request the said Jackling to make the said arrest or no he doth not remember.

6. To the sixth article he doth agree in all things and by all things as his precontestate John Thorneton before him hath said to the said article.

7.8. To the seventh and eighth he saith that Cocknedge told him this examinate that he had a letter missive delivered him from the Lord President and Council of the North for the delivery of the said goods arrested which letter the said Cocknedge did show the said examinate and to this examinate’s knowledge the said Cocknedge did neither deliver the said goods nor yet appear before he said Lord President and council.

9. To the ninth the said deponent saith that he did hear the said defendant say in the after noon (being in the church) after the evening prayer (the said Cocknedge requiring aid of him in the said arrest) that he would not meddle without good sureties and that this examinate heard the said William Wilson say that he would be bound.

10.11. To the tenth and eleventh he this examinate saith that he did not hear of any that offered to be bound saving that he heard the said William Wilson say he would be bound as afore.

John Lewis of Kingston upon Hull aforesaid gentleman of the age of 48 years or thereabouts a witness produced and sworn on the part and behalf of the said John Gregory

1. To the first of the said interrogatories he saith that he knoweth not the ship mentioned in this interrogatory.

2. To the second he saith that he hath heard say that about this month mentioned in this interrogatory there was certain goods that were brought in the said ship to the port of Kingston upon Hull arrested by Richard Jackling and that the defendant in the time of the said arrest was in the said town of Kingston upon Hull and further to this interrogatory this deponent cannot depose.

3. To the third he saith that William Wilson John Fawether of Kingston upon Hull aldermen and one Henry Cocknedge were the first that came to this deponent and desired hs advice how certain goods brought to the said port of Kingston upon Hull in a pink called the William of Hull might be arrested which goods they said were bought bartered or exchanged at Colaie within the jurisdiction of the emperor of Russeland by such persons as were not free of the Fellowship of Merchants for the Discovery of New Lands and desired this examinate to set down his advice in writing how in his absence the said goods might be stayed and arrested and otherwise to this article he cannot depose.

4. To the fourth he saith that at the request and desire of the said Mr Wilson Mr Fawether and Henry Cocknedge he this deponent did make a note in writing how the said goods were to be arrested by Richard Jackling Marshal of the Admiralty within the said town of Kingston upon Hull and further he cannot depose saving that he thinketh that the Mayor of Hull was not made privy before the making of the said note.

5. to the fifth he saith he cannot depose.

6. To the sixth he saith that he hath heard say that the said Thorneton Wilson and Fawether were free of the said company of merchants before the time that he this examinate heard of the arrest made of the said goods and as yet are And further to this interrogatory he cannot depose.

7. To the seventh he saith that he hath heard that there was a process directed from the Lord President and Council of the North to Henry Cocknedge and Richard Jackling to release the said goods or else to appear before them and further to this article he cannot depose.

8 To the eighth he saith that he this examinate did not discharge the said goods from any arrest and that neither he this examinate nor any of the other persons named in these interrogatories to this examinate’s knowledge did appear before the said Lord President and Council and further to this interrogatory he cannot depose.

9.10.11. To the ninth, tenth and eleventh he this examinate saith that he cannot depose.

(Signatures) Legerd Gee Wakefield