The severall Answer of Humphrey Dyson of the defendants to the Bill
of Complaynt of John Bill Citizen & Stationer of London Complainant
1. The said Defendant by protestacõn not confessing or ackowledging any thing in the said Bill of Complaynt conteyned to |
2. be true in such sort manner & forme As in the same Bill the same is set forth & alleadged such That the said Bill of all |
3. Complaint being drawne to an needlesse length of aboute fower score sheets of paper is (as this Defendant taketh it) |
4. contryved and exhibited against this Defendant of malice and sett purpose to vexe & trouble this Defendant and to putt him |
5. to vnnecessary & opressiue charges & expenses in the lawe rather then for any good cause or iust ground if suits |
6. the matters therein laid to the Charge of this Defendant being (as this Defendant conceaveth) very frivolus and idle |
7. and conteyned in three or foure sheets of paper and being (as this Defendant taketh it) such as the Complainant |
8. cannot haue any Releefe for the same in this Court or elswhere if the same were true in such sorte as the said |
9. in the said Bill sett forth and alleadged Neverthelesse this Defendant (saying vnto himself nowe & att all tymes |
10. hereafter all advantages & benefitt of excepcõn to the vncerteinties & insufficiences of the said Bill of Complaynt) |
11. ffor answere vnto so much therof as materially concerneth him this Defendant and for the satisffaccõn of this |
12. honorable Cort in that behalfe Answereth and saith That true it is that the said Complainant about the tyme |
13. in the Bill mencõned did contract and buy of the other Defendant Bonham Norton the Moyetie of the Stock |
14. & other things in the Bill specified att the rates and price in the same Bill expressed so farre as this Defendant |
15. remembreth And that this Defendant being by his profession a publique Notary was ymployed by the said |
16. Bonham Norton & by the said Complainant in the drawing & setting downe of the wrytings concerning the |
17. same Contract and agreement But this Defendant denyeth that the said Bonham Norton practised wth this |
18. Defendant that this Defendant should perswade the said Complainant to buy <the said Bonham Nortons moyetie in> the said Stock Or that to drawe this |
19. Defendant therevnto the said Bonham Norton did promise to giue this Defendant a large Rewarde or any |
20. rewarde at all vpon the Conclusion of the said Bargayne As in the said Bill of Complaynt is vntruely |
21. surmised And this Defendant likewise denyeth That he vsed many perswasions vnto the said Complainant to |
22. buy the said Bonham Nortons Moyetie Or that he tould the Complainant that it was of a farre greater |
23. value then in truthe it was & that the Complainant should gett a great deale of money by it As in the said |
24. Bill is likewise vntruely surmised Howbeit this Defendant saith & confesseth That whilest the said Bargayne |
25. was in makeing the said Bonham Norton affirmed that the said Complainant (being trusted by him to manage the |
26. sole Trade & stock in Copartnershipp betweene them) had much wronged and deceaved the said Bonham Norton |
27. both in Accompts & otherwise And therevpon this Defendant thincketh it to be true that he did say vnto the said |
28. Complainants that the said Complainant knewe what he bought & that Mr Norton knewe not what he sould and |
29. that the said Complainant (if he bought Mr Nortons Moytie) should liue in peace wthout further molestacõn from |
30. the said Norton whoe otherwise (as he seemed to the Defendant) was mynded to question the said Complainant |
31. for wronging & deceaving him as aforesaid But this Defendant denyeth that he vsed any other perswasions to the said |
32. Complaynant for his buying of the said Nortons Moytie to this Defendants best remembrance Or that the said |
33. Complainant vpon anie perswasions of this Defendant was drawne to treate wth the said Bonham Norton |
34. about the buying of his said Moyetie Or that the said Bonham Norton vpon conclusion of the Bargayne Or |
35. at any other tyme gaue this Defendant any Rewarde for the perswadeing or drawing of the Complainant therevnto |
36. as in the said Bill is sclanderouslie & vntruely alleadged But this Defendant saith That the said Complainant |
37. seemed to this Defendant to be verry desirous to buy the said Bonham Nortons Moytie in the said Stock and |
38. needed not any perswasions therevnto either from the said Bonham Norton or from this Defendant or from any |
39. others And so earnest & desirous was the said Complainant to doe the same feeling as this Defendant conceiveth the |
40. guiltines of his owne conscience and fearing that his fraudulent & deceitfull dealings in the said Copartnershipp |
41. should he discovered, that he ymportuned this Defendant to perswade the said Bonham Norton to sell his Moytie therein |
42. vnto the said Complainant And promised this Defendant fforty pounds to effect the same And albeit this Defendant vsed his vttmost |
43. endeavors therein & that accordingly the said Bonham Norton did sell his said Moyetie to the said Complainant yet this Defendant could |
44. not gett the said fforty pounds or any part thereof of the said Complainant And that when this Defendant demaunded the same |
45. fforty pounds of the Complainant he the said Complainant both denyed the said promise & also the performance thereof because he this Defendant |
46. had no witnes whereby to recover the same And this Defendant denyeth that he was any meanes to wrong or |
47. overreache the said Complainant Or that this Defendant did drawe the Indenture of Covenants in the Bill mencõned wthout |
48. direccõns from the said Complainant As in the said Bill of Complaint is likewise scandelously and vntruly alleadged ffor this |
49. Defendant saith that the said Bonham Norton & the Complainant did both of them togeather & at one time & in the Complainants then dwelling house |
50. agree vpon the bargaine & gaue this Defendant direccõns & instruccõns to drawe the same & the said Complainant (as this Defendant remembereth) |
51. had the draught thereof diverse daies to advise & consider of before it was ingrossed & this said Defendant thinking that the whole bargaine |
52. and agreement betweene the said parties was expressed in the same Indenture Neverthelesse yf such part thereof (as |
53. [hole/conjectural: in the] said Bill is alleadged) was concealed & not sett downe in the same this Defendant conceiveth that the same tended |
54. [hole/conjectural: to the] [b]enefitt & aduantage of the said Complainant & not to his wronge or preiudice And this Defendant confesseth that he in his |
55. [hole/3 word missing] by his direccõns made such like wrytings or Bills Obligatory as in the said Bill is set forth & alleadged wthout |
56. [hole/ word missing] [t]hat anie other matter or thing in the said Bill of complaynt conteyned materiall or effectual in the lawe to be |
57. [hole/word missing] [---]ed vnto by this Defendant & not herein or hereby sufficientlie answered vnto confessed & avoided traversed or denied is true All |
58. [hole/word missing] matters and things this Defendant will averre & proue as this honorable Court shall award And humblie prayeth |
59. [hole/word missing] hence dismissed wth his Costes & Charges in this behalfe wrongfully susteyned.
?Tho: ?Jon
[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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