The sworne Answer of Bonham Norton & Humphrey Dyson To the Bill
of Complaynt of John Bill Citizen and Stationer of London Complainant
1. The Defendant by protestacõn not acknowledging or Confessing anything in the said Bill of Complaynt conteyned to be good iust or true in such sorte manner and forme As in the same Bill the same is sett forth and alleadged saith That the said Bill of Complaint is ?verry vntrue [2 words illegible] equitie and [words illegible] |
2. [word illegible] vnto by this defendant for diverse manifest and apparaunt ymperfeccõns vncertainties and vntruthes therein playnly appearing And the same Bill (as this Defendant conceaveth) is conteyned and exhibited by the said Complainant against this Defendant and the other Defendant Humphrey Dyson [2 words illegible] |
3. [word illegible] the said Defendants and to putt them to unecessary and excessiue Costs Charges and expences in the lawe and to stopp this Defendants iust and due proceedings for Recouery of great sommes of money iustly due vnto him by Bonds from the said Complainant and likewise to ?take ? away [5 words illegible] |
4. [word illegible] wch is a principall Witnesse for this Defendant concerning the matters in the said Complainants Bill alleadged and is neither to wynne or lose by any thing in the said Bill alleadged nor any wayes herein, Rather then for any good cause or iust ground of suite [word illegible] the [4 words illegible] |
5. [word illegible] nowe and att all tymes hereafter all advantages of excepcõn to the incerteinties and insufficiencies of the said Bill of Complaint) ffor answere vnto so much thereof as materially concerneth him this Defendant & for the satisfaccõn of this honble Cort in that behalf Answereth and saith [4 words illegible] |
6. [word illegible] the said Bill of Complaynt named for diverse yeres before the yere of or Lord God one thousand sixe hundred and three were Copartners and ioynt Traders togeather in the Arte or Trade of a Stacõner or Bookseller and in buying and bringing of Books Mappes and other Stacõnary [conjectural: Wares in from] |
7. ffrance Germany and other parts beyond the Seas into England And by reason thereof this Defendant & the said John Norton about the yere aforesaid had in diverse places wthin the Realmes of England ffraunce, Germany, and elswhere diverse Books, Mappes & other Stacõnary Wares [word illegible] of the [3 words illegible] |
8. thousand and fowre hundred pounds & more and the said Complainant having lately byne the Apprentice of the said John Norton and by him ymployed in the said Trade, and afterwards a Iourney Man in the said Trade to the said John Norton and this Defendant and being then a Iourney Man not hauing [2 words illegible] |
9. ?meanes to sett vpp a Trade for himself, this Defendant & the said John Norton tooke the said Complainant to be Copartners wth them in the said Trade, And therevpon this Defendant saith That true it is That about the tyme in the Bill mencõned this Defendant & the said John Norton & the Complainant [conjectural: became Copartners together in] |
10. the said Trade in such sorte as in the said Bill is set forth and alleadged And this Defendant also saith That therevpon the said John Norton and this Defendant for the better manageing of the said Trade & for the making of a stocke for the Comencing and beginning of the said Copartnershipp did depositt and lay downe [conjectural: a stock of] |
11. Books, Mappes and other Stacionary Wares being of the value aforesaid Howbeit the said Complainant did not deposite or laye downe any Books, Mappes, moneyes or other things whatsoever for or towards the same Stock or any thing concerning the same, And therfore it was then agreed that the said Complainants should [2 words illegible] |
12. three yeres or oftener, if needs should require during the said Copartnershipp Travayle into the parts beyond the seas for the buying provyding or printing of Books or Wares or for the takeing the Accompts of servants ymployed there about the affaires of the said Copartnershipp And that the defendant [word illegible] |
13. John Norton in respect they deposited the said whole stock should not be tyed to travaile theither or otherwise to Manage the said trade vnlesse they themselues pleased so to doe And therevpon this Defendant saith that Indentures of Copartnershipp were drawne & sealed betweene the [3 words illegible] |
14. said John Bill did agree & covenanted to performe the same accordingly and it is therein specially provyded that this Defendant in respect of his aboade in the Country should not any tyme during the Contynuance of the said Copartnershipp be charged to prosecute or follow the affairs or [3 words illegible] |
15. Copartnershipp otherwise then at his will & pleasure, And by the same Indenture it is expressed and declared that the Books Mappes & Stacionary Wares deposited & laid downe by this Defendant & the said John Norton as aforesaid did amount vnto aboue the somme & value of fower thousand fower |
16. hundred pounds and that the said Complainant had not brought in deposited or layd downe any money or wares in or to the makeing of the said Stock And therfore it was agreed that this Defendant & the said John Norton should receaue and haue payement & satisfaccõn and be paid and [4 words illegible] |
17. payment stocks the said somme of ffower thousand & fower hundred pounds in Eleaven yeres by such halfe yearly paiments as in the said Bill is sett foorth and alledged But this Defendant denieth that the said Books beinge priced at ffower thousand and ffower hundred pownds were notwthstandinge the Dayes of payment overvalued [3 words illegible] |
18. Indentures of Copartnershipp that the same did then amount vnto aboue the value of ffower thousand & ffower hundred pounds as aforsaid And this Defendant Confesseth it to bee true that it was further agreed vpon betwixt this Defendante and the said John Norton and the Complainant that the said ffower thousand and <ffower> hundred pounds being soe paid [4 words illegible] |
19. the residue of the stock wth the increase and proceed thereof should be equally devyded betwixt this defendant and the said John Norton and the Complainant & that after the said Copartnershipp so entered into they did accordingly trade togeather as Copartners vntill the Moneth of November one thousand sixe hundred & twelue and that about that tyme the said [conjectural: John Norton in] |
20. his last will & Testament in wryting & therein & thereby ordeyned this Defendant his sole Executor died and that during the said Copartnershipp there was paid out of the said Ioynt Stocke and the Encrease thereof according to the said agreement every halfe yeare Twoe hundred pounds to this Defendant and the said John Norton As in the said Bill [5 words illegible] |
21. alleadges But this Defendant doth not remember or beleeaue that the said Complainant went twice every yere at the least vnto diverse parts beyond the seas As in the said Bill is pretended so Howbeit if he did so doe This Defendant thincketh that the same was no more then he ought to doe and was bound to performe by the said Indentures [4 words illeg] |
22. willing to performe for his proffitt and pleasure And this Defendant likewise confesseth it to be true that during the life tyme of the said John Norton the said Ioynt stock was so much advanced that a litle before the said John Nortons death It was agreed vppon betweene this Defendant and the said John Norton and the said Complainant [word illegible] |
23. or Administrators of any of the said Copartners wch should first dye should be paid by the surviving Copartners three thousand pounds out of the said Ioynt stock wthin fower yeres next after the death of any of the said Copartners And this Defendant also confesseth it to be true that vpon the death of the [conjectural: said John Norton] [word illegible] |
24. [word illegible] three thousand pounds and the remaynder then vnpaid of the said ffower thousand fower hundred pounds being deducted then the said whole Ioint stock came by Survivorshipp & by the said last Agreement vnto this Defendant & the said Complainant wch togeather wth the proceeds thereof was & ought [3 words illegible] |
25. ?deseyded betwixt this Defendant & the said Complainant As in the said Bill is alleadged And this Defendant also confesseth it to be true that from & after the said John Nortons death this Defendant & the said Complainant Contynued Copartners in the said ioynt Trade vntill neere about the tyme in the Bill [3 words illegible] |
26. that out of the said Ioynt stock there was paid vnto this Defendant after the said John Nortons death aswell the remaynder then vnpaid of the said ffower thousand fower hundred pounds as also the said somme of three thousand pounds being the share of the said John Nortons Executor according to the said last mencõned [3 words illegible] |
27. this Defendant likewise confesseth it to be true that for the space of fiue yeares next after the said John Nortons death the said Complainant did wholy execute and manage the said Trade wch was noe more then he ought to doe and was bound to performe by the said Indentures of Copartnershipp But what or how [3 words illegible] |
28. during those five yeres encrease this Defendant knoweth not Neither is it true to this Defendants remembrance that from the fowerteenth day of ffebruary one thousand sixe hundred & fowerteene vntill the seaven & twentieth of July one thousand sixe hundred & seaventeene there were at sondry or [5 words illegible] |
29. ?nor this Defendant or any other persons for his particuler vse & behoofe over and besides the said three thousand pounds & remaynder of the said fower thousand fower hundred pounds any such somme or sommes of money As in the said Bill is set forth Neither to this Defendants <& like> remembraunce, went there [3 words illegible] |
30 money paid out of the said ioynt stock for this Defendants perticuler Accompt since the seaven & twentieth day of July one thousand sixe hundred & seaventeene & before the Nynth day of July one thousand sixe hundred & Nynteene Neither doth this Defendant thinck it material [4 words illegible] |
31. [word illegible] , the same being noe more then was iustly due vnto him ffor thervnto this Defendant saith That the said Complainant having wholy executed & managed the said Trade during the said five yeres and this Defendant having receaved litle or noe proffitt thereby & the said Complainant living att or [3 words illegible] |
32. [word illegible] great storr of plate & Houshold stuff & Lands of Inheritance to a great yerely value and this Defendant not knowing any meanes the said Complainant had to do the same but only thirty shillings a weeke wch was allowed vnto him out of the said stock and a matter of fforty pounds per annum [4 words illegible] |
33. [word illegible] ?hundred pounds in money This Defendant therevpon about the end of the said five yeres beganne to looke into the books of Accompts concerning the said Copartnershipp and ioynt Trade And thereby found that the said Complainant had taken out of the said Ioynt stock diverse sommes of money for the [3 words illegible] |
34. [word illegible] things And this Defendant also found that the said Complainant had dealt vntruely and vnfaithfully wth this Defendant concerning the same Copartnershipp & ioynt Trade And their vpon this Defendant demanded and requested of the said Complainant a true Accompt & Reckoning concerning the |
35. Complaint faithfully promised to make and giue vnto this Defendant accordingly And in confidence thereof this Defendant did agree to contynue Copartners wth the said Complainant and therevpon newe Indentures were drawne & Ingrossed betweene this Defendant and the said Complainants concerning the [3 words illegible] |
36. Copartnershipp Howbeit the said Complainant delayed and denyed to make and giue the said Accompt vnto this Defendant by reason whereof the said newe Indentures of Copartnershipp so drawne Ingrosed & agreed vpon as aforesaid were never sealed And therevpon this Defendant sould the said Complainant [2 words illegible] |
37. [word illegible] on the said Complainant for his vnfaithfull dealing concerning the premises if he the said Complainant would not make this Defendant a true Accompt concerning the same wch the same Complainant still refused to doe And therevpon the said Complainant (as this Defendant hath sithence credibly heard) fearing to be questioned for the same by this Defendant [2 words illegible] |
38. [word illegible] vniustly he had dealt wth this Defendant concerning the same did repayre to the said Humphrey Dyson in whom he knewe this Defendant reposed great confidence and by whome he knewe this Defendant was much perswaded and led and therevpon desired the said Dyson to perswade this Defendant to sell his part in the said Ioynt stock ?vnto [2 words illegible] |
39. promised the said Dyson a reward of fforty pounds to effect the same as the said Dyson has since informed this Defendant And therevpon the said Dyson came vnto this Defendant & wished him not to question the said Complainant for his vniust dealings concerning the said Copartnershipp but to make some freindlie end [4 words illegible] |
40. [word illegible] concerning the sume Wherevpon the said Complainant and this Defendant had many Conferrences & meetings about the effecting thereof And in Conclusion the said Complainant offered and agreed to giue this Defendant the somme of ffive thousand pounds for his part & interest in the said Ioynt stock and premisses [4 words illegible] |
41. of all debts & sommes of money owing by the said Ioynt stock & to release & discharge this Defendant of all debts & sommes of money concerning the same Of wch this Defendant for quietnesse sake did accept although he conceaved his part & Interest therein to be worth much more Howbeit this Defendant did not then ?certifie |
42. what the same was worthe by reason the said Complainant having the whole managing & following of the said Trade did conceale his doeings therein from this Defendant And the said Bargayne being so concluded and agreed vpon as aforesaid the said Dyson therevpon by direccõns aswell from the said [2 words illegible] |
43. Defendant did drawe an Indenture of Covenants betweene this Defendant and the said Complainant concerning the same bargayne & agreement bearing date the Nynth day of July one thousand sixe hundred & Nyneteene perporting in effect that the said Copartnershipp determyned vpon the fowerteenth day of Marche one [3 words illegible] |
44. ?Complaynent And it is therein further expressed that the said Complainant & this Defendant had before the said fowerteenth day of Marche made rendered & given eache of them to the other a true and perfect Accompt concerning the premisses And that vpon that Accompt yt appeared that att and vpon the said fowerteenth day of Marche [word illegible] |
45. [word illegible] vnto eache of the said parties for his full Moyetie & half part of the goods, wares Books Marchandizes & debts belonging to the said Copartnershipp the somme of ffyve thousand pounds of lawfull money of England And that in consideracõn of the said five thousand pounds paid & satisfied to this Defendant [word illegible] |
46. satisfacõn of this Defendants right title interest & demaund of in or to the said goods, wares, books, Marchandizes & debts belonging to the said Copartnershipp this Defendant did by the said Indenture release vnto the said Complainant All accõns, Accompts, claymes & demaunds concerning the said Copartnershipp and did thereby likewise [3 words missing] |
47. ?premises and singuler the Books, Wares, Marchandizes goods and things in Copartnershipp as aforesaid togeather wth the debts owing to the same Ioynt stock, & full power & aucthoritie for the said Complainant to recover and receaue the same to his owne vse And by the same Indenture the said Complainant did [3 words illegible] |
48. [2 word illegible] for him his heires executors & administrators for ever quite clayme vnto this Defendant his heires executors & administrators all & all manner of accõn cause and causes of accõn aswell reall as personall & mixet suites strifes debates trespasses bonds bills specialties, Accompts, Reckonings, debts, duties, sommes of money claymes ?payments |
49. what [word illegible] wch the said Complainant his heires executors or administrators or any of them att any tyme thertofore had had then had or therafter should or might haue against this Defendant his heires executors or administrators or any of them for or by reason of any matters cause or thing whatsoeuer touching or in anie wise concerning [2 words illegible] |
50. Copartnershipp Ioynt trading and dealing togeather of the said parties to the same Indenture as Copartners as aforesaid Of wch Release this Defendant humbly praieth the full force & benefitt & that the said Complainant may thereby be barred & excluded from sueing or troubling of this Defendant for any matters or thing for wch the [2 words illegible] |
51. hereby released or acquitted this Defendant And this Defendant further saith that the said Complainant by vertue of the said Indenture tooke & carryed from this Defendant all this Defendants said part in the said Ioynt stock & premisses And this Defendant confesseth that vpon the sealing of the said Indenture the said Complainant did enter into tenn such seuerall [conjectural: bills] |
52. obligatory for the payement of the said five thousand pounds As in the said Bill is sett forth & alleadged this Defendant having noe other satiffaccõn or securitie for the same ffive thousand pounds but only the same wrytings or Bills obligatory And for further Answer vnto the said Bill of Complaint This Defendant saith That true it is as [conjectural: this defendant] |
53. beleaveth That the late Queene Elizabeth graunted to Robert Barker in the Bill named the office and other things in the Bill mencõned and that the said Robert Barker did by such deed and for such Consideracõns as in the said Bill is suggested assign the same to his sonne Christofer Barker & to this Defendant & the Complainant where theretofor to execuit [word illegible] |
54. partners vntill the tyme in the Bill mencõned And he further saith and confesseth it to be true that there was noe stock of books belonging to the said office att the tyme of the said assignment and that this Defendant & the Complainant did within a short space after raise a stock of Books appoynting the same to belong to the said Office As [conjectural: in the Bill is] |
55. sett forth and alleadged And this Defendant also confesseth it to be true that his Matie that nowe is made such grauntes of the said office to Christofer Barker and Robert Barker the yonger in the Bill named respectiuely As in the said Bill is set forth & alleadged And he also confesseth it to be true that the said Robert Barker that [3 words illegible] |
56. Christofer & Robert the sonnes did afterwards by such deeds & for such Consideracõns as in the said capital Bill is alleadged assign and Convey vnto this Defendant & the Complainant all their ioynt and severall estates of & in the said office & other the premisses And that from that Conveyance & assignment so made this Defendant & the Complainant contynue [2 words illegible] |
57. [word illegible] tyme Copartners togeather in the said Office & stock thereto belonging As in the said Bill is sett forth & alleadged And this Defendant also confesseth it to be true that for the payement of these great sommes of money for the estates of the said Robert Barker & his sonnes & for the makeing & contynueing of a stock this Defendant [word illegible] |
58. were enforced to borrowe diverse great sommes of money & to become bound for the same as in the said Bill is sett forth & alleadged And this Defendant also confesseth it to be true That it was agreed betweene this Defendant & the Complainant that all such sommes of money as this Defendant & the Complainant had borrowed or should [word illegible] |
59. expected to paye for the said office or for the raiseing or contynueing of a stock to the same should be paid & satisfied out of the said office and stock and that this Defendants Moyetie of the said Office & stock should be lyable to the one Moyetie of the said debts and that the Complainants Moyetie should be lyable to the other As [word illegible] |
60. ?was sett forth and alleadged, And this Defendant further saith and confesseth that the said Complainant att the request & for the debte of this Defendant standeth bound wth this Defendant to diverse persons for payement of diverse sommes of money And this Defendant likewise standeth bound wth the Complainant and att his request & [word illegible] |
61. diverse persons the payement of diverse sommes of money And this Defendant also saith That the Complainant promised to discharge this Defendant of his the Complainants particuler debts and to assign over his Moytie in the said Office and stock vnto this Defendant aswell for this Defendants securitie thereof in the meane tyme as also for this Defendant [word illegible] |
62. [2 words illegible] vnto him from the Complainant by bonds And this Defendant in like manner promised to discharge the Complainant of this Defendants particuler debts & to assign over this Defendants Moytie in the said Office & stock for the Complainants like securitie in that behalfe & this Defendant was ready and willing and offered to performe the same accordingly if the Complainant [word illegible] |
63. [word illegible] like [word illegible] his part to this Defendant But the Complainant refused to discharge this Defendant of the Complainants said particuler debts or to assign over his Moytie of the said Office & stock for this Defendants securite as aforesaid Howbeit this Defendant hath sithence discharged the Complainant of a great part of this Defendants particuler debts I delivered [word illegible] the [2 words illegible] |
64. [word illegible] And this Defendant confesseth that the said Complainant hath paid to the Defendant one thousand five hundred pounds vpon the said three first bonds and this Defendant therevpon delivered vpp the same Bonds vnto the Complainant to be cancelled But there being due vnto this Defendant from the Complainant vpon former other Bonds [2 words illegible] |
65. [hole/3 words missing] on the first of May one thowsand sixe hundred twenty & one and the somme of five hundred pounds on the first of November one thowsand sixe hundred twenty & one and the somme of five hundred pounds ?on ?the first of May one thowsand sixe hundred twenty & ?twoe and the somme of five hundred [2 words illegible] |
66. [hole/3 words missing] now last past the said Complainant made default in payement of all the said somes seuerall sommes of five hundred pounds a peece & this defendant hithervnto could not gett the Complainant to make payement of the same sommes or any of them or any of them or any part thereof saue only one hundred pounds ?wch the [word illegible] |
67. [hole/2 words missing] Complainant and therevpon this Defendant gaue the Complainant an Acquittance and discharge for the same. And therefore this Defendant hath putt the said foure Bonds in suite against the Complainant in the Office of pleas of his Mats Court of Exchequer as lawfull is for this Defendant to doe as he hopeth And [2 words illegible] |
68. [hole/2 words missing] ?received his Moyetie in the said Office and stock to Thomas Hungate & John Hodgetts for their indepnitie and securitie of certeyne debts for wch they stand engaged wth this Defendant Nevertheless this Defendant saith That if the Complainant will paye the remaynder yett vnpaid of the [word illegible] |
69. [hole/3 words missing] hundred pounds a peece togeather wth damages for the forbearance thereof vnto this Defendant or vnto this Defendants Creditors in satisfaccõn of so much of this Defendants debts for wch the Complainant standeth bound wth this Defendant That then this Defendt will surcease his said suite [4 words illegible] |
70. severall pounds [hole/2 words missing] and deliver the same Bonds vnto the Complainant to be cancelled And this Defendt likewise saith That if the Complainant will discharge this Defendant of the Complainants particuler debts for wch this Defendant standeth bound wth him and asign over his Moytie in the said office and [3 words illegible] |
71. vpon the said ?securitie thereof? and wch moneyes as is owing vnto this Defendant from the Complainant by bonds as the Complainant promised to doe as aforesaid That then this Defendant will discharge the Complainant of this Defendants particuler debts & assign over his Moytie in the said office & stock for the Complainants securitie [ 3 words illegible] |
72. securitie there and of Hungate & Hodgetts to ioyne wth this Defendant therein And this Defendant further saith That he for his part wilbe ready to giue as good securitie to discharge the Complainant of this Defendants debts as the Complainant will giue to discharge this Defendant of the Complainants debts whereof [3 words illegible] |
73. this hoble Court ?will take due Consideracõn And this Defendant confesseth he tooke into his possession for a short space the Books of Accompts touching the said Trade first afore mencõned But he denieth that he thereby knewe what the stock was worth better or aswell as the Complainant [3 words illegible] |
74. that the trading in buying and selling of Books began then very much to decay As in the said Bill is vntruely surmised ffor this Defendant perceaved that the same had very much encreased And this Defendant denyeth that he did vse the Complainant att any tyme or tymes in any contumelius and [2 words illegible] |
75. howbeit he confesseth it may be true that he gaue the Complainant some hard words because he conceived his dealinges towards this Defendant to be vniust And this Defendant denyeth that he offered any ill vsage to the Complainant to any such intent or purpose As in the said Bill is sett forth and alleadged [word illegible] |
76. intent whatsoever And this Defendant also denyeth That he perswaded the Complainant to buy this Defendants said Moyetie or that for the better effecting thereof this Defendant practised wth the said Dyson to perswade the Complainant to doe the same Or that to drawe the said Dyson therevnto this Defendant promised to give ?to ?him [word illegible] |
77. large or other [hole/word missing] As in the said Bill of Complaynt is sclanderouslie and vntruely alleadged But contrariwise the said Complainant as this Defendant hath heard dealt wth the said Dyson to perswade the Defendant to sell the same vnto the Complainant as afore is sett forth and declared And this Defendant [word illegible] that he [2 words illegible] |
78. the Complainant was ignorant of the true value of the said stock ffor this Defendant conceiveth that it was vnpossible that the Complainant should be so simple as to be ignorant of the true value thereof having had the sole manageing of the same himself so long atime And this Defendant denyeth that he [conjectural: took the] |
79. Book of Accompts from the Complainant ffor after this Defendant had looked into the same as aforesaid this Defendant redelivered the same into the Custody of the Complainant whoe pervsed or might have pervsed the same at his pleasure whilest the bargayne was in dryving and making between him and this defendant [word illegible] |
80. denieth that he did tell the Complainant or did confidently or otherwise affirme or promise vnto the Complainant that the said Stock consisting of Books and other things in the Bill mencõned was well worth eighteene thousand pounds or thereabouts Or that this Defendant would not condescend that the Complainant [word illegible] |
81. ?herewith or affirming he would not haue any to meddle in the dryving or setting downe of the Bargayne but only the said Dyson As in the said Bill is vntruely surmised ffor this Defendant saith that the said Bargayne was aboue ffower Monethes in dryving and concluding vpon and before [word illegible] |
82. betweene this Defendant & the Complainant concerning the same were sealed So as the Complainant (as this Defendant conceiveth) had time enough to aquaynt his freinds therewith And this Defendant likewise denyeth that he promised that the debts then owing to the Stock would proue [2 words illegible] |
83. [2 words illegible] hath surmised Or that this Defendant had any Cause to make any such promise ffor that the debts owing to the said stock were made by the said Complainant and not by this Defendant And this Defendant denyeth that he knewe that in tyme and vpon examinacõn of particulers yt would [word illegible] |
84. [word illegible] had ouerreached or oppressed the Complainant wth that Bargayne or caused him to pay any more than the same was worth But this Defendant then was and yett is verily perswaded that if the Complainant had dealt truely & iustly wth this Defendant and made a true and iust Accompts [word illegible] |
85. [word illegible] the said Trade and Stock this Defendants part therein would thereby have appeared to be worth much more and this Defendant hath often tould the said Complainant that he knew what he bought but this Defendant knew not what he sould And this Defendant denyeth that [word illegible] |
86. [2 words illegible] clearly and fully sett downe in wryting or would have that part of the said bargayne vizt that the Complainant was to discharge this Defendant of the debts and sommes of money in the Bill mencõned to be concealed and not sett downe in wryting As in the said Bill [2 words illegible] |
87. [2 words illegible] this Defendant saith That in the said Indenture dated the Nynth day of July one thousand sixe hundred & Nynteene there is one Covenant on the part of the said Complainant to discharge this Defendant of and from the debts owing by the said ioynt stock or by reason therefore ?And [word illegible] |
88. [2 words illegible] that to his remembrance the said Complainant sealed the said Indenture relying vpon any promises of this Defendant Or that the said pretended promises were then reitterated or confirmed by this Defendant vnto the said Complainant As in the said Bill of Complaint [2 words illegible] |
89. [2 words illegible] ?howbeit this Defendant saith That as the said Complainant hath sithence the said Bargayne so made discharged this Defendant of the sommes of money in the Bill mencõned as this Defendant doth not knowe wheather he hath or not yet the same as this defendant [4 words illegible] |
90. [word illegible] ?hee the Complainant ought to haue done and than he is bound & hath Covenanted to doe And this Defendant denyeth that the said Complainant to this Defendants best remembrance hath paid three hundred eightie eight pounds to this Defendant as in the said Bill is alleadged Neither does this Defendant [word illegible] |
91. ?that ?the Complainant meaneth by that somme ffor to this Defendants remembrance this Defendant hath receaved noe more in part of payement of the said fower severall sommes of ffive hundred pounds apeece so due to this Defendant as aforesaid saue only the afore mencõned somme of one hundred pounds [word illegible] |
92. [2 words illegible] his sonne receaved some other sommes out of the ioynt stock in the printing house more then the Complainant hath And for those sommes if any be this Defendant conceaveth he is to be accomptable vnto the Complainant and vpon iust and due Accompt wilbe ready to giue also [word illegible] |
93. And this Defendant thincketh it to be true That for the space of one yere and a halfe after the said Bargayne so made as aforesaid the Complainant and such as he did ymploye did manage the said Trade and Stock But if the Complainant could not gett in and receave [4 words illegible] |
94. some money by the sale of Books and other Stacionary wares as would discharge twoe of the first said payements vpon the said first Bonds As in the said Bill is pretended as this Defendant doth not knowe whether he did or not This Defendant thincketh that the same vnto [3 words illegible] |
95. Complainants negligence and ill manageing of the busynes for During the Copartnershipp betweene him & this Defendant there was returned as this Defendant remembreth aboue Eight thousand pounds every yere, and in that respect this Defendant conceaveth it is not material to this |
96. the Complainant did so gett in or receave And this Defendant denyeth that to his remembrance he answered the Complainant or some others that came from him that it was a Bargayne and that it was nothing vnto this Defendant what the Complainant lost by it And this Defendant [word illegible] |
97. [2 words illegible] though it be nothing at all materiall vnto this Defendant (as he conceaveth) that the Complainant about the tyme in the Bill mencõned made offer to sell the remaynder of the said Stock vnto the Company of Stacioners and that accordingly the same company bought the same of the Complainant But neither the Complainant ?or any [word illegible] |
98. ?Defendant to the same Bargayne nor att what Rates & prices the Complainant sold the same vnto the said Company Neither is it materiall to this Defendant as he thinketh att what prices he sould the same vnto the said Company And the rather for that as this Defendant hath heard the said Complainant after he had agreed to [2 words illegible] |
99. [word illegible] any and before the same Company had taken notice thereof, did privily Convey and carry a great number of the best Books so agreed to be sold to secrett places & kept and detyned the same from the said Company And by that meanes as this Defendant hath likewise heard and doth ?not ?doubt [word illegible] |
100. [2 words illegible] the Books and wares so sould did not mount and arise to so high a somme and value as otherwise they would have done. Wthout that that it is materiall to this Defendant what the debts owing to the said Ioynt stock amounted vnto or what the Complainant hath receaved thereof or how much the [word illegible] is [2 words illegible] |
101. [word illegible] ?said Complainant can make it manifestly appeare that this Defendants Moytie of the said Stock att the time this Defendant sould the same was not worthe aboue three thousand sixe hundred pounds Or that this Defendant hath by the said Bargayne so overreached and oppressed the Complainant that this [word illegible] hath [hole] |
102. ?to ?haue of the Complainant five thousand pounds, for his Moyetie in the said stock more than it was truely worth att the tyme this Defendant sold the same vnto the Complainant As in the said Bill of Complaint is untruely surmised And this Defendant confesseth it to be true that there was some differences betweene this Defendant & the [hole/3 words missing] |
103. [word illegible] the Defendant denyeth that it was iustly & truely found vpon long & deliberate examinacõn thereof that the debts wch they so owed did amount vnto ffower thousand sixe hundred pounds As in the said Bill is pretended ffor this Defendant conceavth that there was abouts one thousand pounds of the Complainants particuler ?debts [hole/2 words missing] |
104. [2 words illegible] charged vpon the said stock And this Defendant denyeth that to his remembrance he promised to engage such a quantetie of lands for the Complainants securitie as should be of sufficient value to discharge this Defendants perticuler debts As in the said Bill is vntruely surmised Wthout that that this defendant [hole/3 words missing] |
105. [word illegible] ?Complainant already receaved out of the said first ioynt stock thirteene thousand fower hundred eightie three pounds cleere gaynes Or if he had that the same is any thing at all materiall vnto the Complainant And wthout that that the Defendant wthout takeing any paynes or doeing any thing in the [hole/3 words missing] |
106. [words illegible] books after his own perticuler benefitt as drewe out from the said Ioynt stock so much money as he could gett leaving almost nothing to the Complainant but some desperate debts As in the said Bill is vntrulie surmised And this Defendant denyeth that he knowes neither ownd ?Conscience [hole/4 words missing] |
107. [2 words illegible] so much by five thousand pounds or thereabouts as this Defendant requires for the same of the Complainant ffor this Defendant is verily perswaded that his Moyetie in the said Ioynt stock when he sould the same to the Complainant was worthe farre more then the Complainant did agree to giue [hole/5 words missing] |
108. [2 words illegible] appeared if the Complainant had made this Defendant a iust and true Accompt thereof as this Defendant often desired the Complainant to doe And wthout that that it is materiall vnto the Complainant that this Defendant hath byne tould by diverse of the better sorte of the Company of Stacioners [hole/5 words missing] |
109. [2 words illegible] ?expressed Or that it is materiall vnto the Complainant that this Defendant hath estated his Lands vpon his Childe or children or others to their vse As in the said Bill is vaynely surmised & pretended And this Defendant denyeth that he hath made any Conveyances of [hole/5 words missing] |
110. [2 words illegible] intent to charge the Complainant wth this Defendants debts or to defeate the Complainant of any securitie promised As in the said Bill is likewise vntruely surmised And wthout that that any other matter or thing whatsoever in the said Bill mencõned [hole/6 words illegible] |
111. [2 words illegible] sufficiently answered vnto confessed & avoided traversed or denied is true All wch matters and things this Defendant will averre & proue as this honorable Court shall award And humbly prayeth to be thence dismissed wth his ?Costs.
[FINIS]
This Chancery Petition is undated. For the evidence for my dating see Maria Wakely, ‘Printing and Double-Dealing in Jacobean England: Robert Barker, John Bill, and Bonham Norton’, The Library, June 2007.
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