Deposition of John Legate

PRO C24/269, Part 1, No. 68

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[5] Peter Legate of Avaley in the County of Essex gentl{eman} aged 46 yeares or therabout{es} sworne and exam{ined} the 25 of Aprill in the yeare aforesayd deposeth 1. interr{ogatory}

1 That he knoweth [Ruswell w] Iudith Ruswell widowe the Compl{ainan}t, and the right ho{norable} Edward Earle of Oxenford the def{endan}t, and he did know W{illia}m Ruswell deceased the Compl{ainan}t{es} late husband, whome he knewe to be of very good credite, and about 18 or twenty yeares since might have taken vp wares very ladgely [=largely] in this Citty, vpon his owne Credite ./

2 That the sayd W{illia}m Ruswell was servant and Taylor to the def{endan}t, and vsed for a longe tyme to take vpp vpon his Credite silkes [gl] clothe [wa] lace, and other wares for the def{endan}t and by the def{endan}t{es} appoyntm{en}t, and [this] he hath credibly heard [that the sayd W{illia}m] and partly knoweth that the sayd W{illia}m Ruswell did take vpp wares and stuffes in that sort to a very great valew, ^\\of divers men in the Citty.// and he knoweth that he tooke vp of this dep{onen}t att severall tymes Clothe and other wares to the valew of five or six hundred pound{es} and [g] kept touche and payde him honestly and truly till att the last, he [left this] became some threescore pound{es} or an hundred mark{es} in this dep{onen}t{es} debt and left it vnsatisfied /

3 That ther is no[w] doubt but that the def{endan}t was very much in the sayd W{illia}m Ruswell{es} debt both for makinge of apparell, [and] for his lordshipp and some of his servant{es}, and for the stuffes them selves w{hi}ch many tymes the sayd W{illia}m Ruswell tooke vpp on his Creditte

4 That he remembreth that the sayd W{illia}m Ruswell did cause to be sett downe in book{es} of account{es} all such thing{es} for the most part as the def{endan}t stood indebted to him for, and he sayeth that after the booke of accounte now shewed vnto him att the tyme of his examinac{i}on was by his Lordshipp{es} appoyntm{en}t audited by one Nicholas Bleake one of his lo{rdships} off{icers} and therupon a Remaynder of a debt allowed to the su{m}me of [507li] five hundred and [seven] \\eight// pound{es}, seventene shilling{es} and two pence, as may appeare vpon the foote of the same accounte in the sayd booke firmed with the handwritinge of the sayde Nic{holas} Bleake this dep{onen}t was dealt with all to have had the sayd debt of 508li [changed from 507li] and odd mony sett over vnto him, and therupon when he vnderstood by the sayd [b] Nic{holas} Bleake, and Mr Walters ^\\[Mr Aymys]// and other of his Lordshipp{es} servant{es} that the same was [a good] a very good debt, this dep{onen}t att my Late Lord Treasure{r}s house in the Stronde, had some speeche w{i}th the def{endan}t [touch] touchinge the sayd debt, wher his [his] lordshipp did acknowledge the debt, and tolde this dep{onen}t that he should be payde it by his offecers [w{i}th all] and w{i}thall willed this dep{onen}t to be good ^\\to// Ruswell, and promised that this dep{onen}t should not lose a groat by him, and he remembreth the same by a very good token, [for att the same tyme] for this dep{onen}t havinge a litle before p{ro}vided white clothe for his lordshipp{es} Liveries by his owne appoyntm{en}t w{hi}ch his Lordshipp afterward{es} fancied not, he caused Mr Byshopp one of his servantes to give this dep{onen}t att the same tyme six poun{es} for a reward, to take the white clothes agayne and to [h] lett him have some other sort of clothe, and more sayeth not to this interr{ogatory}

5 That after the Auditinge and allowinge of the sayd debt of 500 and od pound{es} his Lordshipp grew further into the sayd W{illia}m Ruswell{es} debt, and the same as he verily thinketh are Duly sett downe in these other book{es} of the sayd Ruswell{es} account{es} now shewed to him att this his examinac{i}on, for this dep{onen}t was privy to a great part of them how they did grow, as for [w{hi}ch] silke, lace, and clothe w{hi}ch are therin sett[e] downe ^\\and w{hi}ch he sold to Ruswell, and he hath heard the def{endan}t acknowledge a great part of them// And he is perswaded in his conscience that nether the sayd debt of ^\\the sayd// five hundred ^\\odd// pound{es} nor the other debt{es} remayninge in those | book{es} of accountes are in any part dischardged, for they were [longe] shortly after they grew due sett over to this dep{onen}t, and the book{es} remayned many yeares in his custody to the ende that if he should receave any mony vpon them, w{hi}ch he never could, he might satisfye himselfe and other the sayd W{illia}m Ruswell{es} Creditors as farr as the mony{es} so receaved would extend vnto / and since att the earnest request of the Compl{ainan}t he hath [retur] redelivered the same book{es} vnto her beinge exec{utor} or administrator to her husband, to see if she might recover the sayd debt{es} toward{es} her releaffe, w{hi}ch this dep{onen}t did not, nor went about to do, by any violent or chardgeable course in sutes of Lawe, more then this that vpon petic{i}on made [...] by the now Compl{ainan}t to the right ho{norable} S{i}r Christopher Hatton late Lord Chancelo{u}r of England this dep{onen}t{es} lord and Maister, it [me] was [mediated that] \\dealt &// proceeded in, to some good poyntes of forwardnes, that the def{endan}t should sell [the lea] a lease of the Mannor of Avelye aforesayd, and should [ha] have accepted the sayd debt{es} to the valewe of seven hundred and odd pound{es} as he remembreth in part of paym{en}t, and the rest to be payde him in mony, and therupon [anhu] an hundred pound{es} was lent vnto him for a [yeare or] longe tyme without allowance for it, yet afterward that bargayne brake of [=off] and never tooke effect

(signed on each page) Peter Leggatt

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