C2/JASI/B17/56   [IMAGE]

1618 CHANCERY PETITION: ROBERT BARKER v BONHAM NORTON & JOHN BILL  •  DOWNLOAD PETITION (PDF 328 KB)

(1) Robert Barker's Petition  [Endorsed] May, 1618

To the Right Ho^ble:  S^r  ffrances Bacon Knight

Lord Chancellor of England

1.  Humbly Complayninge sheweth vnto yo^r good Lo^p yo^r Orato^r Roberte Barker of Southly in the parishe of Datchet in the County of Ber<uc>k Esquier lately beinge his Ma^ts printer and havinge had the same office for tearme of his |

2.  life That whereas yo^r said Orato^r did heretofore greately affect & associate himself w^th one Bonham Norton of London Esquie^r whoe was and is a Stacõner of London Insomuch that yo^r said Orator was well |

3.  contented to match his eldest sonne Cristofer Barker in marriage w^th Sarah Norton one of the daughters of the said Bonham Norton and to accept of a promise from the said Bonham Norton of and for |

4.  two thowsand pounds for the marriage porcõn of the said Sarah Norton w^th the said Cristofer Barker and as monie to be geven in marriage w^th his said daughter Sarah Norton, and yo^r said Orator in recompence |

5.  of the said promised two thowsand pounds did assure vnto the said Cristofer Barker yo^r Orators said sonne & vnto the said Sarah daughter of the said Bonham Norton in lands & longe leases (for the Ioincture) to the yearely rents & value |

6.  of fower hundred pounds per annum or thereabouts And afterwards the said marriage was consummated & solemnized betweene yo^r Orato^rs said sonne & the said Sarah Norton And yo^r said Orator did then giue vnto the said Sarah vppon & a |

7.  little before the said marriage manie large & liberall guifts both in mony, Jewells, gold, chaines, diamonds, apparell & other things, to the value of one thousand marks & vpwards, And yo^r said Orator did daielie & at seuerall times |

8.  w^thin three yeares last past, giue & bestowe vnto & vppon the said Christofer Barker diuers & greate sommes of monie for his & his said wives better advauncmen^t & mainetenance amountinge to the somme of six thowsand pounds |

9.  and vpwards And alsoe yo^r said Orator did place the said Christofer his sonne in the present execucõn of yo^r said Orato^rs office of his mai^ts printinge, hoapinge & expectinge that the said Bonham Norton, whoe had somme interest in somme |

10.  parte of that office duringe yo^r said Orato^rs life would ayde & direct yo^r Orato^rs said sunne for his best advantage in the execucõn of the said office of printinge (hee the said Bonham Norton beinge alsoe a stacioner & one of the |

11.  ancienst [sic]  of that Companie) And yo^r said Orator in respect of the said marriage did much relie vppon the said dealinge & faire promises of the said Bonham Norton And therevppon yo^r said Orato^r did make choice of the said |

12.  Bonham Norton & one John Bill (named by the said Bonham Norton) to make them the said Bonham Norton & John Bill Copartne^rs in trust of the benefit of the said office for the good of yo^r said Orato^rs sonne And yo^r said Orato^r |

13.  did alsoe procure & purchase the said office for the said Christofer to bee inioyed after yo^r said Orato^rs decease for & duringe the naturall life of the said Christofer Barker And afterwards for the advancemen^t of Roberte |

14.  Barker yo^r Orato^rs second sonne. Yo^r said Orato^r likewise obteyned & gott a lease of & from his ma^ite of the said office for 30 yeares to beginne & to take effect in possession ymmediately after the decease of yo^r said |

15.  Orator & of the said Cristofer, and the same lease was procured in the name of the said Roberte Barker yo^r Orato^rs said second sonne But the said Bonham Norton & the said John Bill of London alsoe Stacõner beinge |

16.  imployed in the said office of printinge as aforesaid & perceavinge greate proffit & benefit to arise & comme thereof & beinge desirous to enrich themselues thereby & findinge that yo^r said Orator & his said sonne Cristofer after |

17.  three yeares experience of theire hard dealinge W^th y^r said Orato^rs eldest sonne Cristofer in Copartnership, & after that the said Bonham Norton had threatned to turn him the said Cristofer out of doores (hee demandinge |

18.  onely to see an accompt betweene them his Copartners concerninge the benefit of theire stocke) & as deepely or more deepely charged yo^r said Orato^r w^th his said sonne Cristofers maintenance then before) were determined to haue noe |

19.  longer partnershipp w^th the said Norton & Bill, but to make theire best benefit by sale of the said office stocke & forniture : the said Norton & bill did cunningly devise & practise how to obteyne & get the said office of printinge wholly |

20.  into theire owne hands and to discourage & divert all others from dealinge therewth, and therefore not onely concealed and deteyned the benefit and profitt of the said office from yo^r said Orator & from yo^r said Orators eldest |

21.  sonne & refused to give anie proffit accompt  or reckoninge of the said office for the space of three yeares & vpwards amountinge to the summe of three thowsand pounds & vpwards and the same was altogeather |

22.  vnknowne vnto yo^r said Orator for that the said Bonham Norton had  persuaded yo^r said Orato^rs eldest sonne Cristofer to conceale his dealings from yo^r said Orato^r & to deale w^th yo^r said Orator, & obteyne of him yo^r said |

23.  Orator to make sale of the said office vnto the said Norton & the said John Bill & vnto noe other affirminge y^t yt should bee the better for his yo^r said Orato^rs good & alsoe for the benefit of the said Cristofer then formerly |

24.  it had beene And thereuppon yo^r said Orator was perswaded by his said sonne Cristofer to make sale of the said office vnto the said Bonham Norton & John Bill (the said office w^th the stocke & forniture therevnto belonginge beinge well |

25.  worth thirtie thowsand pounds to bee sold accordinge to the true value thereof [)]  w^ch in regard of farther promises& greate sommes of mony to bee p^d & of debts & accompts to bee cleered & discharged to yo^r said Orato^r & his sonnes & for theire benefitt |

26.  by the said Bonham Norton & John Bill: the said Norton & Bill <faythfully> promised to yo^r said Orator & vnto the said Cristofer & Roberte yo^r Orato^rs said sonnes both before & after the subscribinge of certaine articles for the said bargaine (by & accordinge to w^ch articles the |

27.  assignemen^t of the said office was to bee drawne & perfected) that they would bee true accomptants to yo^r said Orator^r & to his eldest sonne Cristofer (to whome they were bound formerly in 4000^li apeece for that purpose) of all the proffits of the said |

28.  office duringe the lives of yo^r said Orato^rs <sonne> Cristofer & of yo^r said Orato^r & the longer liver of them : And they alsoe then faithfully promissed & agreed y^t if yo^r said Orato^r or his said sonnes (after the finishinge of the said bargaine) w^thin the space of one whole yeare |

29.  & a daie after the assignemen^t of the said office could gett or procure anie greater somme or benefit for the said office stocke & forniture then y^t they would give true accompt <vnto y^r said orator> for all the reckoninges betweene them & of the said yeares proffitt of the said |

30.  office <& to discharge & paye twoe hundred and two pounds vnto some of the company of stationers w^ch some of the company demanded for satisfaction of imperfect books> & suffer yo^r said Orator and his sonnes Cristofer & Roberte to make theire best benefit thereof & therevppon, aboute the month of July in the 15th yeare of his ma^ts Raigne yo^r Orato^r & his said two sonnes (by yo^r Orato^rs appointemen^t) did make & depute |

31.  the said Bonham Norton & John Bill theire deputies & assignes in the said office & did assigne ouer all their interest in the said office of his ma^ts Printer vnto them the said Bonham Norton & yo^r said Orato^r (and for & in consideracõn of the somme of 200^li w^ch yo^r said Orator did then stand indebted vnto the said John as the said John Bill pretended & for & in consideracõn of the somme of 200^li w^ch the said Cristofer Barker stands indebted to the stocke |

33.  wch should appeare vppon iust accompt as both the said Bonham Norton & John Bill falslie pretended) at certaine times agreed on, betwixt yo^r said Orato^r & the said Norton & the ouerplus of the value thereof was agreed to bee p^d vnto yo^r Orato^rs |

34.  said two sonnes Cristofer and Roberte accordinge to the interest w^ch either of them had therein & in respect of a iust accompt to bee geven by the said Norton & Bill vnto yo^r said Orator & the sd Cristopher of the profitt of the said office vntill the said assignemen^t |

35.  thereof & afterwards vntill the end of the said yeare prefixed And the said Bonham Norton & John Bill for the consideracõns aforesaid did faithfullie promise to performe the same. And yo^r said Orator farther sheweth that the said agreemen^t was made by & betwixt yo^r said Orato^r |

36.  & his said two sonnes & the said norton (for w^th the said Bill noe conference was euer had or made thereabouts) whoe made the said bargaine <both> for himselfe & the said Bill) promised & vndertooke to make an indifferent <draught> of the said assignmen^t in paper accordinge to the said articles of |

37.  agreemen^t & to shewe the same vnto yo^r said Orator at michaelmas followinge or wthin fewe daies after whereby hee might bee advised therevppon  before the ingrossinge thereof but contrary vnto his said promise & contrary vnto the trust w^ch yo^r said Orator |

38.  did repose & put  in the said Norton & Bill & especiallie in the said Norton in regard of the intermariage aforesaid, they the said Norton and Bill aboute a month <after the feast of all Saints> in the .15.th yeare aforesaid & not before, & after the second paiemen^t should haue beene p^d accordinge to the said articles of agreemen^t |

39.  did ingrosse a longe assignemen^t of the said <office> in .3. large skinnes of parchmen^t (wthout euer acquaintinge yo^r Orator or his sonnes wth anie draught or Coppie thereof, or of anie one condicõn therein conteyned, albeit yo^r said Orato^r had diuers & sundry times sent vnto the said Bonham Norton & |

40.  John Bill for the same & brought the same) & brought the same soe ready Ingrosed togeather wth a bond of tenn thouwsand pounds for performance of Covenan^ts vppon the suddaine to bee sealed by yo^r said Orator and his said sonnes, thereby to assigne the said office vnto the said Norton |

41.  & Bill w^ch when yo^r said Orato^r desired to haue <reade vnto him &> pervsed by Counsell, & to haue been better advised therein: the said Norton and Bill answered that they had hastie busines & they then pretended that the effect (if yo^r Orato^r would repose anie trust in them) was but onely the repeticõn |

42.  of the three patents & assignem^ts thereof accordinge vnto the articles w^thout anie other preiudice vnto yo^r said Orator or his sonnes, & therefore desired yo^r said Orator to make shorte worke thereof wherevppon yo^r said Orator replied that althoughe they had ingrossed the said |

43.  Indentures w^thout word illegible acquaintinge yo^r said Orator therew^th & w^thout anie pervsall by him or Councell for him yet vppon the confidence w^ch yo^r said Orator reposed in the said Norton and his form^er promisses hee yo^r said Orator would seale the same, for that he would trust the |

44.  said Bonham Norton, & soe yo^r said Orator & his said sonnes did vppon trust & confidence [(]& onely relyinge vppon the faithfull & iust dealinge of the said Norton & Bill) seale the said Indenture of assignemen^t accordingly w^thout readinge or pervsing of the same And the said Bonham Norton & the said John Bill |

45.  did seale the Counterparte of the said Indenture of assignemen^t, & alsoe other articles of agreemen^t vnto yo^r said Orator for the payinge of the ouerplus accordinge to the value of the said office stock & forniture w^ch then remayned due vnto yo^r said Orator. Yet neuertheles Now soe |

46.  it is May it please yo^r good Lordship y^t wthin the space of fower dayes after the sealinge of the said agreemen^t in yo^r Orato^rs howse in or aboute the month of December in the said xvth yeare of his Ma^ts Raigne yo^r Orato^rs howse studdy & Library wherein all his bookes evidences & writings |

47.  were by casuall meanes were fired, & all yo^r said Orato^rs evidences & writings therein beinge, togeather wth greate store of goods were consumed & burnt, wch the said Bonham Norton & John Bill [(]vnderstandinge & confidently presuminge y^t the assurances articles |

 48.  & remembrances wch they had made vnto yo^r said Orator were Burnt and consumed therein & y^t yo^r said Orator had nothinge to shewe for the monies due vnto yo^r said Orato^r & his said two sonnes:) doe not onely refuse to paie the monies due vnto yo^r said Orator & vnto his said sonnes according to |

49.   the agreemen^t hereof made but very cunningly after manie excuses & delaies & <after> diuers discharges & acquitances of the said Bonham Nortons owne procuremen^t & drawne by his owne Councell for discharge of paiemen^t [(]of the said monies due vnto yo^r sd Orator) haue practiced wth diuers persons & sought vnto |

50.  them to make attachmen^ts in London of divers sommes of monie in theire hands as somme of the monies of yo^r said Orator & haue suffred Iudgmen^ts in the said Attachmen^ts to the greate discredit & disablinge of yo^r said Orator, & they haue defalted out diuers greate sommes of mony wthout the knowledge or consent of yo^r Orato^r or |

51.  his sonnes cordiably pretending the same to bee due by yo^r said Orato^rs eldest sonne & whereof they were fullie satisfied & p^d longe since as doth appeare vppon iust & true accompt And the said Bonham Norton takinge the advantage of the burninge of yo^r Orato^rs writings doth alsoe refuse to paie the said |

52.  two thousand pounds vnto yo^r Orato^r w^ch hee should haue p^d vppon the said contract of marriage, & was to paie .200 ^li. W^ch was geven vnto the said Sara by one John Norton the vncle deceased. And the said Bonham Norton & John Bill doe vtterly refuse to performe the true meaninge of the said promises articles agreemen^ts or to delyver |

53.  to yo^r said Orator a true coppie of the said articles & Indentures, or to make to yo^r said Orator satisfaccõn of <& for> the wrongs afore said contrary to right & equity In tender consideracõn whereof & forasmuch as yo^r said Orator hath by casualtie of fyer lost all his evidences & writings w^ch should or might haue manifested |

54.  the contract & agreem^ts <made> betwixt yo^r said Orator & the said Norton & Bill, neither can yo^r said Orator readily call to mind w^ch witnesses were vnto the seuerall contracts & agreemen^ts & promises aforesaid & therefore cannot for want of them maineteyne anie accõn at the common lawe against the said Bonham Norton & John |

55.  Bill or either of them for the recoueringe of such moines as are due vnto yo^r said Orator or his said sonnes neither can yo^r <said> Orator in anie sorte ayde himself at the common lawe in & touchinge the promisses But yet yo^r Orator hopeth y^t the said Bonham Norton & John Bill will vppon theire oathes |

56.  confesse & acknowledge the truth of the promisses And foreasmuch as they cannot denie but that the said Bonham Norton did agree to paie vnto yo^r said Orator vppon the marriage of his said daughter as afore said the somme of 2000^li:, & cannot chose but confesse w^ch agreemen^ts & promisses were made |

57.  vppon the said  marriage, & vppon the said contracts & bargaines, And forasmuch as the said Bonham Norton& John Bill doe well knowe y^t they haue not p^d all the monie w^ch  they ought to paie vppon the said agreemen^t, it is fit y^t they should bee compelled to discouer  wh^t how and when they |

58.  p^d such monie as they haue p^d & should truely discouer  wh^t remaineth vnp^d & paid the same And forasmuch as the said Bonham Norton & John Bill ought in equity to be compelled to discouer plainely whether the said Bonham Norton and John Bill did not deale w^th yo^r said Orator for the said office in manner & forme aforesaid |

59.  & wh^t sommes of monie they were to paie <to> yo^r said Orator for the same & whether they haue p^d the same sommes  accordingly & whether they or anie one of them in the behalfe of both did not promise to giue vnto yo^r said Orator & his said sonnes the vtmost value of the said office stocke & forniture therevnto |

60.  belonginge & to reassign at anie tyme wthin one whole yeare & a daye, for yo^r Orato^r & his sonnes better advantage, & to accompt for the former profitts & for the whole yeare to comme, & to discouer  wh^t <the valewe of> the said office stocke & furniture were, & wh^t they haue paid for the same, & wh^t benefit |

61.  and increase hath beene made thereof this yeare & they ought in equity to make satisfaccõn accordingly. And forasmuch as in regard of the losse of yo^r Orato^rs writings yo^r Orator is not now able to declare or make manifest the truth of the promisses, nor is able |

62.  sufficiently to make it appeare whether the said Bonham Norton & John Bill or one of them did <not> seeke or procure somme person or persons to deale wth the credito^rs of yo^r said Orator to make attachmen^ts of yo^r Orato^rs monies in theire hands w^thout the answeres |

63.  <vpon> oath of the said Norton & Bill & for y^t it is fitt y^t they should discouer wth whome they dealte therein By w^ch meanes they haue disinabled yo^r said Orato^r to sue for <or> recouer his owne from the said Bonham Norton & John Bill or either of them contrary to right & equity |

64.  And forasmuch as the said Bonham Norton & John Bill did frame such excuses & delaies as aforesd for paiemen^t of the monies as aforesd secretly of or longe time betweene themselues conspiringe were  vo<ver>blie to damnifie & discredit yo^r said Orator the said John |

65.  Bill hath geuen out and solemly protested vppon his knees y^t as for Bonham Norton hee could make him doe wh^t hee list, & as for yo^r said Orator hee would breake his necke, and as for Christofer Barker he was a yonge foole & hee would |

66.  soone vndoe him And the said Bonham Norton often hath affirmed and avowed the same words. And forasmuch as the said Norton both before & after the subscribinge the articles for the said bargaine promised vnto said Orator as aforesaid that |

67.  equitie y^t yo^r said Orator should bee releived in & touchinge the promisses. May it therefore please yo^r good Lordship the promises considered to grant vnto yo^r sd Orator the kings ma^ts most gracõus writ of Subpœna to bee directed vnto the said |

68.  Bonham Norton & John Bill commandinge them & euery of them hereby at a certaine daie & vnder a certaine paine therein to bee limmited personallie to bee and appeare before yo^r good Lordship in his ma^ts most hono^ble Courte of  ê

69.  Chancery then and there to answere the premisses <& every part of this bill and there & after of their particuler knowledge therein> And farther to stand to and abide such order & direccõn therein as to yo^r honora^able Lordship shall seem to stande wth right equitie & good conscience And yo^r Orator |

70.  accordinge to his bounden duty shall duiely praie almighty god for yo^r honora^ble Lordship in health & happiness long to continue.

 Laur. Hyde

W^m Tayler

[FINIS]