C2/JASI/N7/44   [IMAGE]

CHANCERY PETITION: BONHAM NORTON v. ROBERT BARKER AND WILLIAM TAYLOR [1622]   •  DOWNLOAD PETITION (PDF 428 KB)

To the right honorable & right reverend father in God John Lord Bishopp

of Lincolne Lord Keeper of the greate Seale of England

1.  In all humblenesse Complayning sheweth vnto yo^r good Lop yo^r daily Orato^r Bonham Norton Esquier That whereas Robert Barker Esquier being heretofore lawfully possessed of & in the office of his Ma^ties Printer for the terme of his life And of & in the Messuages or tenement called Northumberland house for diverse yeres then on during and |

2.  having very inadvisedly for along tyme vsed (for present money) to sell his Books in the said office before they were halfe printed & finished att halfe the prices he might otherwise have sould the same & having in that manner sould all the books he had in the said office & therewith so furnished & proveyded

the |

3.  Stacõners that they needed not to buy any more bookes from the said office for a long tyme after And the said Barker being by that meanes brought behinde hand & much indebted, he the said Robert Barker about eight yeres sithence, was enforced for paymen^t of his said debts to make sale ?of |

4.  the said office house & premises And thereupon made offer to sell the same to diverse persons And (amongst others) he made offer to sell the same vnto yo^r said Orato^r & one John Bill Stacõner whoe therevpon offered to give five thousand pounds for the same So as his sonne Christofer Barker |

5.  whoe then had a graunt of the said office for his life in reuersion after the said Robert) would agree that yo^r orato^r & the said Bill should enioy twoe full third parts of the said office during the lives of the said Robert and Christofer & the longer liver of them w^ch the said Christofer agreed vnto And therevpon |

6.  yo^r said orato^r & the said Bill agreed to pay for the same to the said Robert Barker the somme of ffive thowsand pounds being full as much or more as the same was then worthe & more then the said Robert Barker was then offered for the same by any <other> person or persons w^ch some the said |

7.  Robert agreed to accept of And therevpon the said Robert by one deed or seuerall deeds by him in due forme of law sealed & deliuered bearing date the last day of ffebruary in the twelueth yere of his Ma^ts reigne that now is of England or did for there consideracõn of the said five thowsand pounds agreed to be |

8.  paid vnto him by yo^r Orato^r & the said Bill as aforesaid Absolutely assign over to yo^r said Orato^r & the said Christofer Barker & John Bill the said office howse & premises & all the lettres presses & other things thereunto belonginge & all his estate interest terme & demaund therein Excepting only to the said Robert |

9.  Barker the fee & wages of vj^li xiij^s iiij^d payable from his Ma^tie for the execucõn of the said office w^ch said somme of five thousand pounds & euery part thereof was truely paid & satisfied to the said Robert Barker or to others by his consent & appoyntmen^t according to the said Bargayne And yo^r said Orato^r ye |

10.  said John Bill did afterwards further giue & pay vnto the said Robert Barker the somme of one hundred pounds more, And there vpon the said Robert by wryting by him in due forme of lawe sealed & deliuered did absolutely release vnto yo^r said Orato^r & the said John Bill the said office & premisses |

11.  & euery part thereof (except before excepted) And did thereby acknowledge & confesse the receipt of the said five thousand pounds to him paid as aforesaid By reason whereof yo^r said orato^r & the said Christofer Barker & John Bill became lawfully possessed of the said office & premisses viz each of them |

12.  as one third part thereof to contynue during the liues of the said Robert & Christofer & the longer liuer of them And thereupon by Indentures vnder their hands & seales they became Copartners togeather in & for the said office & the benefitt & execucõn thereof And therevpon yo^r Orator & the said John |

13.  Bill disbursed diverse sommes of money for the prouiding of books for a stock to be ymployed in the said office Howbeit by reason of the multitude of books sould by the said Barker whilst he had the said office as aforesaid They (for the space of twoe yeres & vpwards after) had little or noe |

14.  rent for any bookes & receaued litle or noe benefitt by the said office As by the Accompts thereof for that time whereunto the said Robert & Christofer were privy & acquainted doth & may appeare By reason whereof the said Robert & Christopher grewe weary of the said partnershipp & after w^ch |

15.  tyme viz^t about five yeres sithence yo^r orato^r and the said Christofer Barker & John Bill standing equally possessed of the premises as aforesaid & Robert Barker the younger sonne of the said Robert held or having a graunt of the said office for the terme of thirty yeres in reuersion  |

16.  deathes of the said Robert thelder & Christofer & the said Robert thelder standing possessed of the said fee of vj^li xiij^s iiij^d to him reserued as aforesaid & being indebted in great sommes of money for a great part [(]whereof the said Christofer stood bound & engaged with him) Hee the said Robert Barker |

17.  thelder for paymen^t of his said debts & disingageing of the said Christofer) did therevpon w^th consent of his said sonnes by himself and Robert Constable his kinsman (whome he ymployed in all busynesses concerning the said office) Make offer to the Company of Stacoñers & diuerse other persons to sell all the present & |

18.  future estates of him & his said sonnes of in & to the said office & premises & of in & to the books & other thinges in Copartnershipp as aforesaid, And amongst others the said Robert Barker thelder made offer to sell the same vnto yo^r said orato^r & the said John Bill whoe therevpon bargayned w^th the said Robert |

19.  Barker thelder & agreed to giue & pay him for the same the somme of sixe thowsand & five hundred pounds in money att certayne daies betweene them agreed vpon & to discharge the said Robert Barker thelder & Christofer of foure hundred pounds more whereof two hundred pounds was owing |

20.  the said Robert Barker thelder to the said John Bill & the other twoe hundred pounds was owing by the said Christofer to yo^r orato^r & the said John Bill for so much disbursed by them for the said Christofer in the said ioynt stock in the said office, Of w^ch said seuerall sommes amounting in all to the somme of ?Sixe thowsand |

21.  Nyne hundred poundes the said Robert Barker thelder agreed to accept & the same were full as much or more as the said present & future estates of the said Robert Barker thelder & his said sonnes of & in the premises were then worth & more then the said Robert Barker thelder was offered for the same by the Company |

22.  of Stacõners or any other person or persons whatsoeuer And therevpon the said Robert Barker thelder & his said sonnes Christofer & Robert Barker the younger (for these valuable consideracõns) did by wryting Indented by them in due forme lawe sealed & deliuered bearing date the Twentieth day of Nouember |

23.  in the fifteenth yere of his Ma^ts said reigne of England & absolutely assign & convey over vnto yo^r said orato^r & the said John Bill the said office & all other the premises & all their present & future estates & in the same, W^ch said last mencõned assignemen^t was made from the said Barkers to yo^r said orato^r  & the said |

24.  Bill absolute without any trust att all & not vpon or vnder any promises of redempcõn or other Condicõns whatsoeuer And before the said Robert Barker thelder would seale the same he caused it to be shewed to one Robert Banckworth a Scryvener to be by him advised concerning the same Whoe |

25.  perceauing what great sommes of money were desbursed & agreed to be paid for the same did vpon pervsall of the same assignemen^t say & affirme that the same & the Couenants therein contayned were very indifferent & honest & fitt to be sealed vnto by the said Barker which being made knowne to the said Robert Barker |

26.  thelder he & his said sonnes therevpon [(]& not before) sealed & deliuered the same assignemen^t, By vertue whereof & of the other assignemen^ts before mencõned yo^r orato^r & the said John Bill became lawfully & absolutely possessed of the said office & other the premisses And thereupon they disbursed and laid further more moneyes |

27.  for the prouyding of bookes to supply & increase the stock within the said office whereby the same stock became much greater & better And yo^r said orato^r & the said John Bill according to the said last mencõned bargayne & agreemen^t did discharge the said Robert & Christofer of the said somme ?foure hundred pounds |

28.  respectiuely owing by them as aforesaid And likewise when one year or thereabouts then next following did for & towardes the satisfacõn of the said somme of sixe thousand & fiue hundred pounds pay & satisfie to the said Robert Barker thelder & to others by his appoyntmen^t or for his vse seueral sommes of money |

29.  Amounting in all to the somme of five thousand seauen hundred fiftie & fiue pounds xij^s vj^d So as there then remayned vnpaid but only the some of seauen hundred forty fiue pounds vij^s vi^d, And albeit the acquittances made & giuen by the said Robert Barker & his sonnes seruants & frends that receaued the said money so ?paid |

30.  did mencõn & testifie that the said moneyes so paid were in part paymen^t of the moneys agreed vpon for the absolute sale of the said office & premisses Yett after yo^r said Orato^r & the said John Bill had paid & satisfied all the said moneyes & had disbursed so great sommes as aforesaid for encrease of the stock in the said office The said |

31.  Robert Barker thelder (perceauing) that by the same disbursmen^ts & yo^r orato^r & the said Bills good manageing of the busynes) the office & stock was much bettered & great proffitt likely to growe thereby) did then & not before pretend that the said last mencõned assignmen^t made to yo^r said Orato^r & the said Bill ?aleadged | 

32.  was made upon trust only that if within a yeare the said Robert Barker should pay to yo^r said Orato^r & the said Bill their moneyes disbursed for the same That then yo^r orato^r & the said Bill should reassure the said office & premises to the said Robert Barker & accompt to him for the proffitts thereof so in the meane |

33. tyme, wherein very truthe the same assignemen^t was absolute bona fide & for valuable consideracõn w^thout any trust att all as is aforesaid And the said Barker did not when the said yeare or att any other tyme tender or offer to paie vnto yo^r said Orato^r or the said Bill their money disbursed according to the said pretended |

34.  truste Howbeit the said Robert Barker thelder did thereupon viz^t in Easter terme 1618 exhibite his bill in Chancery against yo^r said orato^r & the said John Bill suggesting that the same assignmen^t was made vpon the said pretended trust where vnto they both answered & denyed the same truste, Wherevpon the said  |

35.  Robert Barker thelder (wayving his proceedinge vpon his bill so exhibited) did exhibite a peticõn vnto the kings most excellent Ma^tie desireing that the differences betweene him and yo^r orato^r & the said bill might be referred to the hearing & ending of S^r Henry Sauill & S^r Marmaduke Dorrell knights Vnto whence his Ma^ty |

36.  on or about the viij^th daie of July 1618 did thereupon referre the same accordingly By vertue whereof the said S^r Henry Sauill & S^r Marmaduke Dorell called before them yo^r said Orato^r & the said Bill & Barker & heard the differences betweene them diuerse seuerall tymes And therevpon (in respect yo^r orato^r & the said Bill |

37.  had byne out of their moneyes a long tyme & receaued little or noe proffitt by the said office yt was in conclusion att Eaton the 23^th day of July 1618 by the said S^r Henry Sauill & S^r Marmaduke Dorrell by ceartyne articles made by them w^th the consent of the said Barker agreed (amongst other thinges) that the |

38.  said Barker should either pay vnto yo^r said orato^r & the said John Bill the somme of fifteene thousand pounds & take the office & bookes formerly bought of Christofer Barker Or else if he refused to doe the same That then he & his said sonnes Christofer & Robert should ioyne to release & quite clayme to yo^r said orato^r & the said Bill all ?part |

39.  title & Interest present & future in the said office wthall priuiledges & emolumentes  thereto belonging & appertayning being first paid the arrerage & remaynder then vnpaid of the said sommes of sixe thousand five hundred pounds Couenanted & agreed to be paid for the said office & premises as aforesaid howbeit the said Robert Barker thelder |

40.  refuseing to pay to yo^r said orato^r & the said Bill the said fifteene thousand pounds & to take the office did by a letter vnder his hand written to yo^r said orato^r & the said Bill dated 30. October 1618 confess the said agreemen^t made before the said S^r Henry Sauill & S^r Marmaduke Dorrell as aforesaid & did thereby desire to |

41.  receaue according to the said agreemen^t the remaynder then vnpaid of the said somme of Sixe thousand & fiue hundred pounds Whereupon yo^r  said orato^r & the said Bill forthwith prouyded the same remaynder being seauen hundred forty foure pounds vij^s viii^d as aforesaid And thereupon paid the same to the said Robert Barker |

42.  thelder in this manner viz^t 200^li thereof on the fiveth daie of Nouember 1618 & the other 544^li 7^s 6^d thereof on the 8th daie of November 1618 in full discharge of the said somme of sixe thousand five hundred pounds agreed to be paid to the said Barker for the sale of the said office & premisses as aforesaid  And the said Robert |

43.  Barker thelder thereupon gaue yo^r said orato^r and the said Bill severall acquittances & discharges for the same vnder his hand and promised shortly afterwards to make them a release according to the said Articles And yo^r said Orato^r & the said John Bill therevpon well hoped that they should haue quietly enioyed the said office &  |

44.  premisses freed from the said Barker But the said Barker (hauing gotten from yo^r orato^r & the said Bill the said remaynder of the said sixe thowsand fiue hundred pounds as aforesaid & perceauing that by the disbursemen^t of yo^r orato^r & the said Bill the said office & stock was greatly encreased & great proffits | 45.  likely to come thereby hee the said Robert Barker thelder refused to release to yo^r said Orato^r & the said Bill according to the said Articles of agreemen^t made att Eaton as aforesaid But contrariwise very dishonestly proceeded vpon his said Bill exhibited in Chancery as aforesaid And albeit the said Bill dealt |

46.  with the said Barker for the said office & premisses in as full & ample manner as yo^r orato^r did & albeit yo^r orato^r paid satisfied to the said Barker as much as his Moytie of the said office stock & premises as the said Bill did for his moytie thereof, Yett hee the said Robert Barker thelder very unduely did in Easter terme one |

47.  thousand sixe hundred & Nyneteene obtayned a decree against yo^r Orato^r that yo^r orato^r vpon payment of his moneyes disbursed w^th consideracõn for the forebearance thereof after the rate of ten pounds per Cent per annum should reassure to the said Barker such Interest as he had in the said office stock & premises by vertue of the said assignment |

48.  to y^r orato^r and the said Bill in July in the fifteenth yere of his Ma^ts said reigne as aforesaid & accompt to the said Barker for the proffitts of the said office in the meane tyme But it was thereby prouyded that the said decree or anything therein conteyned should not be preiudiceall to the Copartnershipp before that assignemen^t But that the same should |

49.  remayne in the same state that it was before the said assignemen^t Unto w^ch decree yo^r orato^r submitted himself & had diuerse meetings with the said Robert Barker thelder about the effecting <& performance> thereof And yo^r orato^r according to the said decree offered to accompt for the proffitts of the said office But the said Robert Barker thelder being desirous to accord and agree w^th yo^r orato^r for his whole |

50.  estate in the said office & premisses as well that which was meant vnto him by the said decree as that w^ch the said decree did not medle w^thall (being one third part of the said office & premisses whereof yo^r orato^r was possessed before the said assignem^t in July in the fifteenth yere of his Ma^ts reigne as aforesaid being not at all complayned of in the said Barkers bill) The said Robert Barker thelder |

51.  & yo^r orato^r did fully & absolutely accord & agree of a certayne somme of money to be paid for the same by the said Barker  vnto yo^r  said

Orato^r And therevpon Certayne Articles betweene the said Barker & yo^r orato^r were by Councell on both sides drawne & reduced into wryting dated the third day of November 1619 Conteyning the substance of the said agremen^t w^ch (amongst |

52.  other things[)] was to the effect following viz^t that yo^r orato^r being lawfully interested in the moytie of the said office should in consideracõn of eleauen thousand pounds to be paid to him by the said Barker in forme hereafter expressed assign over to Barker the Moytie of his said interest in the said office & the said Moytie of his interest in the stock & other things thereto belonging |

53.  vpon condicõn that ten thousand pounds parcell of the said eleauen thousand pounds be paid by Barker to yo^r Orato^r before Michelmas one thousand sixe hundred twenty & twoe & one thousand pounds per annum in the meanetyme by quarterly payments And that for securitie of the said ten thousand pounds & of the said one thousand pounds per anum in the meantyme and also for secure |

54.  repaymen^t to yo^r orato^r of all proffitts and Commodities w^ch Barker should haue receaued by reason of that agreement in case the ten thowsand poundes or one thowsand pounds per annum should not be paid as afore said The said Barker should by such assurance as Councell should deny so convey to yo^r orato^r & his heires the Manno^r of Sudely in the County of Bucks |

55.  all his coppiehold landes there being of great value free of all encumbrances whatsoeuer w^th other leases & lands in the same articles mencõned And that if the said Barker failed in payment of the said [word illegible] thowsand pounds or the said one thowsand pounds per anum or either of them or any part thereof contrary to the ?teno^r of the said [4 words illegible] |

56.  haue agayne & reenioy his whole interest in the said office & premisses & be repayed all the profitts & gaynes wch Barker should in the meane tyme by reason of that agrement haue receaued And it was thereby also agreed that the other thowsand pounds ?receaue of the said Eleauen thowsand pounds should be paid vnto yo^r said orato^r or his executors |

57.  within sixe Monethes after the death of the said Robert Barker or yo^r orato^r which should first happen And that yo^r said Orato^r should make it playnly appeare that his part of the ioynt stock in sperate debtes & priueledged books belonging to the said office was of the value of 7000^li att the least att the rates & prices as the same were formerly bought of |

58.  Christopher Barker, Vnto w^ch Articles the said Robert Barker & yo^r orato^r consented & agreed & subscribed their names therevnto in presence of their Councell Whoe also subscribed their names as witnesses vnto the same agreemen^t, And the said Articles being so deliberately by advise of Councell concluded & agree vpon & subscribed by the said Robert Barker as aforesaid |

59.  yo^r Orato^r therevpon on the morrowe after viz^t on or about the fourth day of the said Moneth of November did deliver or send vnto the said Robert Barker thelder a true Note in wryting conteyning the seuerall names nomber & prices of the Bookes and other thinges remayning in the said office & ioynt stock & the seuerall sommes of the sperate debts & the names of the persons by whence |

60.  the same were owing whereby it did playnly & manifestly appeare that yo^r orato^rs part of the said ioynt stock in sperate debts and priueledged books belonging to the said office & was of the value of seauen thowsand pounds att the least att the rates & prices as the same were formerly bought of Christofer Barker, W^ch Note the said Robert Barker thelder had diuerse ?daies ?in ?his |

61.  custody to informe & satisfie himself of euery particuler therein & euer sithence hath had & still hath the same And thereupon he togeather w^th the said Robert Constable and others did examyne and compare the books in the said office w^th the said Note least there should be more books sett downe in the said Note, then was belonging to the said office But the said Robert Barker found |

62.  all the books in the said office w^ch were expressed & sett in the said Note & knewe and was satisfied that the same were rated & priced in the said Note att noe higher rates & prices then the like books were formerly bought of Christopher Barker & did affirme & say to diverse persons that he did not doubt but to make his bargayne to be worth [2 words illegible] |

63.  pounds vnto him, And therevpon the said Robert Barker was fully satisfied in all things mencõned in the said Note & tooke not any excepcõn thereunto And therevpon by consent & direccõn of the said Robert Barker thelder the said agreemen^t was drawne & reduced into a paper draught of wryting by way of Indentures betweene yo^r Orato^r of the ?one part & the said Robert |

64.  Barker of the other partwherein were incerted such Couenants & agreemen^ts as were directed & appoynted by the said articles & such other Couenants prouisoes & agreemen^ts as both parties and their Councell thought fitt And the same being so drawne into wryting the said Robert Barker thelder & his Councell had the same draught diuerse daies to pervse advise & consider of & afor the same |

65.  was so deliberately pervsed advised & considered of by the said Robert Barker & his Councell the said Robert Barker & yo^r orato^r did consent & agree to the same & subscribe their names therevnto in the presence of their Councell & others whoe also subscribed their names as witnesses therevnto; And therevpon the said Robert Barker ?signed therw^th yo^r [word illegible] |

66.  gaue order & direcõns afor the Ingrossing of the same vnto parchemen^t w^ch being accordingly done into twoe parts Indented & being examyned w^th the paper draught by the said Constable by Barkers owne appoyntment, the same was dated the Nynth day of December 1619 & was the same day interchangably signed sealed & deliuered by the said Robert Barker |

67.  & yo^r orato^r in presence of both their Councell & others whoe subscribed their names as witnesses therevnto In & by w^ch Indentures it as especially prouyded that if the said Robert Barker thelder should not pay vnto yo^r orato^r the somme of ten thowsand pounds on or before the feast day of S^t Michaell Thearchangell w^ch then should be in the yere of our lord one thowsand sixe |

68.  hundred twenty & twoe or should make or default in any  paymen^t of the one thowsand pounds per annum in the meane tyme That then the assignmen^t by the same Indentures to the said Robert Barker thelder of & concerning the same office stock & premises should be vtterly voyd  And that the said Robert Barker should permitt yo^r said orato^r  from and after such default of payment made ?quietly |

69.  ?To haue possesse & enioy the said office stock & premises to his owne proper vse, And that the said Robert Barker should from thenceforth be wholy barred & excluded both in lawe & equitie from having or clayming anything in the said office stock and premisses or any part thereof And that the said Robert Barker thelder should repay vnto yo^r said Orato^r all such money & other |

70.  things as he the said Robert Barker thelder should before that tyme haue receaued had or taken out of the said office stock & premises, And att the tyme of the sealing of the said Indenture yo^r orato^r entred into  bond of seauen thowsand pounds <to the said Barker> with Condicõn for performance of one Couenant in the said Indenture to this effect viz^t that yo^r orato^r vpon full payment of this money |

71.  according to the said Indenture should assigne over his whole interest in the said office stock & premises vnto the said Barker, And the said Barker & William Taylor Esq affirming that the said William Taylor was Steward of Manno^rs whereof the said Barkers coppie hold lands were houlden hee the said Robert Barker thelder all the same tyme viz^t about the tyme of |

72.  the sealing of the said last mencõned Indenture did before the said William Taylo^r surrender by the rodd according to the Custome of the said Manno^rs all his coppie hold lands tenements & hereditamen^ts vnto the vse of yo^r said Orato^r according to the said custome & according to his agreemen^t in that behalfe in the said articles & the said M^r William Taylor Steward of the said Manno^rs at that tyme |

73.  accepted  & tooke the same surrender from the said Barker vnto yo^r orato^rs vse & behoofe & did often promise yo^r said orato^r to giue & send him coppies of  courte roll of the same Howbeit by practise & combynacõn betweene Barker & the said M^r Taylo^r being of neere kindred or alliance The said Mr Taylor affirming sithence that he was not Steward of the said Manno^rs att the tyme |

74.  of the said surrender did not present the same surrenders att the next Courte held for the said Manno^r As by the Custome of the same Manno^rs he ought to haue done whereby the said surrenders as they pretend became void, whereas in truthe the said William Taylo^r then was & yett is Stewarde of the said Manno^r And thereupon the said Barker thelder & the said William Taylo^r |

75.  late reported that the said Robert Barker thelder hath sithence surrendered the same coppiehold lands To the use of his wife for her life or to some other vses vnknowne to yo^r said orato^r w^ch was presented according to the Custome of the said Mannor^es  whereby yo^r said orato^r is like to be neerely defeated of the said lawes contrary to the true meaning of the said articles the  |

76.  coppie hould lands being a great part of the assurance w^ch y^r  orato^r relyed vpon, And att the tyme of the makeing of said Articles & likewise att the tyme of the sealing of the Indenture last mencõned yt was agreed that the said decrees obteyned by the said Barker as aforesaid should be vacated & taken of the file & a new decree obteyned for performance of all the Couenants conteined |

77.   ?as ?agreemente conteyned in said Indentures dated the Nynth day of December so agreed vpon & sealed as aforesaid And a peticõn to the Lord Chancello^r being then drawne in the names of yo^r orato^r & the said Barker to that effect the same was then subscribed by the said Barker & yo^r orato^r & deliuered to the said Barker whoe vndertooke to effect & obteyne what was desired by the same |

78.  peticõn And for better performance of the said agreemen^ts the said Robert Barker thelder did further att the sealing of the said Indenture) deliuered unto y^r said orato^r the exemplificacõn of the said decree being under the great seale of England & the writt of execucõn thereof to be cancelled and made void, And therevpon the said Robert Barker thelder entered into the said office |

79.  & premiss, & enioyed the same according to the true meaning of the said Indenture And shortly afterwards the said Robert Barker thelder by wryting by him duely sealed & deliuered bearing date the xxith daie of December 1619 (being first penned by the said M^r Taylo^r of Councell w^ch the said Barker by Barkers owne appoyntment) did ?remise release discharge & foreuer quite |

80.  Clayme vnto yo^r said orato^r As well the said decree & all the right state title interest clayme demaund benefitt commoditie proffitt & advantage whatsoeuer of him the said Robert of in or vnto the said office and premises and all receauinge & accompts & whatsoeuer concerning the same by vertue of the said decree or otherwise, And also all and all manner of extents exepticõns ?or ?demptions ?sumes |

81.  money penalties losses contempts forfeitures damages troubles & encumberances whatsoeuer that should or might arise growe or be for or by reason of the non performance therof or of any terme therin expressed or contayned And the said Robert Barker further by the same wryting Comon in law he yo^r said orato^r, That neither he the said Robert Barker nor Christopher Barker nor Robert |

82.  Barker his sonnes nor any of them should att any tyme or tymes thereafter vexe sue molest trouble attach or arrest or agreeue yo^r said orato^r  by force or vertue of the said decree or of or for any accompt trust or any other matter or thing whatsouer therein expressed or touching or concerning the same in any manner of wise As by the said wryting of yo^r orator had the same to shewe more playnly |

83.  [word illegible] appeare, And shortly afterwards vizt in or about the Moneth of ffebruary 1619 There being comunicacõn betweene the said Robert Barker & John Bill for & touching the said Bills buying of the said Barkers estate in the said office & premisses They the said Barker & Bill therevpon voluntarily submitted the differences betweene them vnto the Lord Archbishopp of Canterbury & |

84.  entred into bond either to the other of ten thowsand pounds apeece to stand to his graces abitrament & meaned yo^r orato^r to doe the like But yo^r orato^r vnwilling to make any new bargaynes with the said Barker least the same should frustrate the foresaid agreemen^t so advisedly made & concluded as aforesaid & fearing to encomber his estate thereby refused to doe the same |

85.  And therevpon the said Lord Archbishopp accorded the said Barker & Bill & their agreemen^t was drawn into Articles, Vpon w^ch agreemen^t the said Barker receaued of the said Bill the somme of twoe hundred pounds And there being written vnderneath Articles by the said Barker or some other by his appoyntmen^t words to this effect vizt That those Articles conteyned the substance |

86.  of that w^ch was agreed betweene Barker & Bill by the said Lord Archbishopps made mediacõn but his grace could not end all the differences by reason Norton instead of recompensing Barker for his decree hath over reached Barker 3000^li in the books he sould him as appeared by the relacõn of Barker & Bill, The said Robert Barker thelder vpon vntrue informacõns |

87.  ?Or ?perfumities abused the said Lord Archbishopp & procured his grace wthout consent or  hearing of yo^r said orato^r or his Councell to write his graces name to the said words so written underneath the said Articles, And thereupon the said Barker having obteyned the same peticõned the late Lord Chauncello^r & caused yo^r orato^r to be contempted before his Lop to showe |

88.   cause whie yo^r said orato^r should not performe the said Lord Archbishopps Certificate, w^ch the said Barker informed was a Certificate grounded vpon a reference from the Kings Ma^tie to his grace whereas in truthe there was neuer any such reference to his grace alone & yo^r orato^r did appear accordingly And thereupon the said Lord Chancello^r vpon hearing of ?Comen^ts |

89.  on both sides fynding that the said Certificate was sinisterly obttayned by the vntrue informacõn of the said Barker & Bill & not grounded vpon any reference from his Ma^tie & wthout hearing of yo^r orato^r dismissed yo^r said orato^r  & would not give the said Barker any release therein but said he was an idle fellow for troubleing his Lop therewith Howbeit vpon showing of the said Certificate |

90.  by the said Barker to the said late Lord Chancello^r and others yo^r said orato^r hath thereby sithence receaued great preiudice both in his creditt & estate, And yo^r said Orato^r further sheweth vnto yo^r good Lop that there being due vnto yo^r said orato^r on the xxvth day of March 1620 the somme of CCL^li for one quarterly paymen^t of the said one thowsand pounds per annum the said |

91.  Barker thelder made default in payment thereof, And shortly afterwards the said peticõn subscribed by yo^r orato^r & the said Barker as aforesaid was by the said Robert Barker thelder or some others by his appoyntmen^t deliuered to the said late Lord Chancello^r And thereupon vizt the xxiiiith day of May 1620 yt was ordered by his Lop with consent of yo^r ?Cancell^or & the said Barker |

92.  that the said first mencõned Decree should be discharged & made void And it was then also ordered & decreed by like consent that the said Indenture dated the Nynth day of December 1619 & all the matters therein conteyned should be ratified and confirmed to the decree & authoritie of the high Court of Chancery to be performed by the said parties to all intent & purposes |

93.  according to the tend^er & true meaning thereof And the said Robert Barker thelder hauing receaued out the said ioynt stock the somme of sixe hundred pounds did by one wryting by him in due formes of lawe sealed & deliuered bearing date the xxixth day of May 1620 confesse that he had receaued the said 600^li accordingly of the said ioynt stock & that the same |

 94.   was to be ?redempted to yo^r said orato^r if he failed in any payment Thence to come of the moneyes mencõned in the said Indentures dated the Nynth day of December 1619, Vpon the taking out of wch moneyes the said Barker promised that yo^r orato^r should haue CCL^li thereof in satisfaccõn of the said CCL^li due vnto yo^r orato^r on the xxvth day of March 1620 as aforesaid Howbeit |

95.  when the said Barker had yett the said moneyes he vtterly refused to pay the said CCL^li vnto yo^r said orato^r And there being due vnto yo^r said orato^r by the true meaning of the same Indenture the somme of CCL^li more on the xxiiijth daies of June 1620 for one other quarterly paymen^t of the said one thowsand pounds paid the said Robert Barker thelder made also default |

96.  in paymen^t thereof & refused to satisfie the same or to pay vnto yo^r said Orato^r the said other somme of CCL^li due vnto yo^r said Orato^r as aforesaid or the said books by him out of the said stock ffor w^ch cause & least the said Barker should take more monyes out of the said office & not repay the same yo^r said orato^r therevpon according to the prouision in the said |

97.  Indenture Resumed vnto his hands the said office stock & premisses & excluded the said Barker, howbeit the differences betweene the said Barker & yo^r orato^r  being afterwards by consent of the said Barker & yo^r orato^r & by order out of the Chancery obteyned vpon peticõn exhibited by the said Barker & his said twoe sonnes) referred vnto Sir Robert Heath Kn^t his |

98.  Ma^ts Sollicito^r generall named by the said Barkers & vnto Thomas Jones Esquier named by yo^r orato^r to heare end & fynally to determyne the same, the said Barker had agayne the possession of the said office & premises And on or about the xviith day of December 1620 the said S^r Robert Heath & M^r Jones by the said Barker & yo^r orato^rs consent ?first drawne |

99.  order in wryting to the effect  viz^t That noe advantage of forfeiture should be taken by yo^r orato^r through any neglect of payment then already past so as the said Barker should iustly performe the paymen^ts thereafter to come according to that their direccõns And that a true accompt should be made of all receipts & paymen^t concerning the said office from the |

100.  first of September 1619 untill Christmas 1620 And if vpon the accompt it fell out that the proffitts were more then 250^li after that such surplusage  should <be> payd to the said Barker But if it fell out to be lesse that then the said Barker should make it vpp by other meanes to the end yo^r orato^r might receaue 250^li for euery quarter according to the said Indenture |

101.   [word illegible] they further ordered that the said Robert Barker should pay vnto yo^r said orato^r on the feast of the annunciacõn of the virgin Mary then next comyng twoe thowsand pounds in part of paymen^t of the said ten thowsand pounds And that if the said Barker failed in paymen^t of any part thereof That then he should be wholy excluded of any further expectacõn of benefitt of or by the said office by |

102.  his owne free & voluntary consent Vnto w^ch order so sett downe the said Robert Barker thelder & yo^r orato^r consented & agreed & subscribed their names & the said S^r Robert Heath & Thomas Jones also subscribed their names vnto the same, And albeit y^r orato^r made & gaue vnto the said Barker a true & iust accompt according to the said orders whereby appeared that the |

103.  profitts fell out to be less than 250^li a quarter Yett did not the said Robert Barker make the same vpp by other meanes nor pay to yo^r said orato^r the said somme of 2000^li or any part thereof as he was directed to do by the said order, Neuerthelesse the said Robert Barker thelder contynued still in the possession of the said office & had & receaued out of the said ioynt stock diuerse ?seuerall |

104.  Bookes to the value of Ciiij^li xvj^s  iiij^d  And on or about the xiiijth day of March 1620 the said Robert Barker thelder broke open the studdy doore w^thin the said printing house & a chest therein & tooke from thence the somme of 857^li 14^s 8^d or thereabouts of the moneyes remayning in the said ioynt stock & due & belonging unto the same And on or about the xxviijth day of March 1621 the said |

105.  [word illegible] ?be ?so ?according agreed vpon their award & having acquaynted the said Barker therew^th & there being by consent of the said Barker a wryting drawne in the name of the said Barker in these words vizt Whereas I Robert Barker have submitted myselfe voluntarily vnto the accorde of S^r Robert Heath his Maties Solictor generall & Thomas Jones Esq in a controuersie between me & |

106.  Bonham Norton touching the office & stock of his Ma^ts printing howse I doe hereby freely testifie under my hand my free consent to the accorde w^ch they shall make wherewith I have byne made acqaynted by them before they pronounced it And thus I did when I had a free offer made vnto me by them that if I did not like thereof they would willingly leave me in the same ?ca[se] |

107.  he was before they tooke vpon them the charge of the arbitremen^t w^th out preiudice In witnes whereof I haue here vnto subscribed my hand 28^th March 1621 vnto w^ch wryting so drawne the said Robert Barker thelder did agree & subscribe his name, And thereupon att the very same tyme the said Arbitrators fynding that the said Barker had made default in paymen^t of the moneys |

108.  ?menconed in the said order by them sett downe the xvijth of December 1620 & had likewise made default in paymen^t  of 250 ^li more due vnto yo^r orato^r on the xxvth day of March 1621 for one other quarterly paymen^t of the said one thowsand pounds per annum & had likewise taken out of the ioynt stock the summe of 857^li 14^s 8^d as aforesaid & was not likely to make any |

109.  [hole in parchment] ?or paymen^t thereof or satisfaccõn for the same, They therevpon sett downe an order that the said Barker should on that day deliver vpp vnto yo^r said orato^r the books concerning the said office & the quiett possession of the same office & remove himselfe his sonnes & servants from thence that day; Vnto w^ch order so sett downe the said Robert |

110.  Barker did consent & agree & therevnto subscribed his name in presence of the said Arbitrato^rs & accordingly the same day did deliver the <full ?peaceable & quiett > possession of the said books & office vnto yo^r said Orato^r By vertue whereof yo^r said Orato^r entred in to the same & ought to haue possessed & enioyed the same freed of the said Barker Howbeit [4 words illegible] |

111.  the said Arbitrators had fully agreed of their award for all matters & differences betweene the said Barker and yo^r orato^r & had acqaynted the said Barker thereof in generall termes the said Barker then made new perticõns <to the said Aribtrato^rs w^ch they thought not fitt to hearken vnto & therefore they forbore> to publish their awarde or proceed any further therein As by a Certificate made by the said Arbitrato^rs vnto the kings most excellent Ma^tie vpon a reference to them in that behalf |

112.  [hole] ?doth may appeare, After w^ch tyme the said Robert Barker thelder did much trouble yo^r Orato^rs possession in the said office & premises & exhibited many vntrue peticõns vnto yo^r good Lop & thereby very wrongfully putt yo^r said orato^r to great trouble & charges And on or about the xvjth daie of August now last past the said Robert Barker |

113.  thelder had & receaued of yo^r said orato^r out of the said Ioynt stock the somme of one hundred twenty & seauen pounds or thereabouts And the said Robert Barker thelder hath also att diuerse & sondry other tymes sithence the making of the said Indenture dated the Nynth day of December 1619 receaued & taken out of the said office & ioynt stock diuerse |

114.  other sommes of money books & other thinges to a very great value And there being due vnto yo^r said Orator by the true meaning of the said Indenture dated the Nynth day of December 1619 the somme of ten thowsand pounds Att the least of St Michaell Tharchangell now last past the said Robert Barker thelder wilfully made default in |

115.  payment thereof (tho yo^r said Orato^r expected paymen^t thereof & had resolued how to dispose of the same whereby he was greatly disapoynted to his great losse & preiudice) By reason whereof yo^r said Orato^r by & according to the true meaning of the said Indenture last mencõned & of the prouision & agreemen^t in that behalfe so advised |

116.  made as aforesaid) ought to haue & enioy the said office stock & premisses freed from the said Barker & to haue repayd vnto him by the said Barker all the said moneyes books & things by him the said Barker taken & remoued out of the same aforesaid And the said Robert Barker thelder ought to be wholy excluded his |

117.  lawe & equity from having or clayming anything in the said office stock & premisses or any part thereof, But now so it is may it please yo^r good Lop, That the said Robert Barker thelder having receaued & gotten into his hande & possession all the aforemencõned moneyes and having also by casuall & indirect meanes gotten into his |

118.  handes all the said Indentures articles acquittances & other wrytinge testifying the payment & receipt of all the said moneyes & proving & manifesting Yo^r Orato^rs right & title in & to the said office stock & premisses & albeit the said Robert Barker thelder never performed any Couenant condicõn clause article or agreemen^t in the said [word illegible] |

119.  Indenture contayned or any order or agreemen^t sett downe by the Arbitrato^rs or References aforemencõned nor any Covenant or agreemen^t with yo^r said Orato^r although himself consented vnto the same & albeit the said Robert Barker thelder knoweth all & singuler the premisses to be true, Yett he the said Robert Barker the elder doth not only |

119.  [2 words illegible] the paymen^t & receipt of all the said moneyes But also hath by his clamo^r ymportunitie so prevayled that yo^r Lop hath lately sequestered & taken the said office stock & premisses quite from yo^r said Orato^rs & hath not only refused & denyed & still doth refuse & deny to pay vnto yo^r said Orato^r the said somme of ten thowsand |

120.  pounds & all arrerages of the said one thowsand pounds yerely so one vnto yo^r said Orato^r as aforesaid But also hath refused & denyed & still doth refuse & deny to deliver & restore vnto yo^r said Orato^r the possession of the said office stock & premisses & to repay vnto yo^r said Orato^r the said moneyes by him the said Barker taken & receaved out of |

121.  the said ioynt stock as aforesaid & to permitt & suffer yo^r said Orato^r to enioy the same according to the true meaning of the said Indenture albeit he hath therevnto byne often requested & desired by & on the behalfe of yo^r said Orato^r And whereas att the tyme of the sealing of the said Indenture dated the Nynth day of December 1619 |

122.  the said Robert Barker thelder confidently affirmed that the foresaid Manno^r of Sudeley & other lands thereby assured vnto yo^r said Orato^r for security of the [words illegible] repaymen^t of such moneyes as the said Robert Barker should take out of the said office & ioynt stock as aforesaid more then bona fide worth ten thowsand |

123.  pounds declare & were then free & cleere of all former estates & encombrances whatsoever, So it is further may it please yo^r good Lop That it appeareth now of late that the said Robert Barker thelder before the makeing of the said Indentures conveyed & assured the said Manno^r & lande vnto his wife for his Ioynture & that |

124.  he the said Robert hath made & contryved diverse other former estates <& leases> of the said Manno^r & lands to diverse other persons & that the same Manno^r & lands are charged with diuerse statutes recognizances Iudgement^es & other encombrances So as the same Manno^r & Landes are of little or neeralie Whereby yo^r said Orato^r (vnless he be |

125.  herein ayded & releeved by yo^r good Lop)  is like to be vtterly defeated of all the moneyes & other thinges taken & receaved by the said Robert Barker thelder out of the said office & ioynt stock as aforesaid amounting in all to the some & value of twoe thousand pounds & more, Intended consideracõn of all w^ch premisses And |

126.  for as much as yo^r said Orato^r not having the said Indentures articles acquittances & other wrytinges prouing & manifesting the premisses & yo^r orato^rs right & title in & to the same wch by casuall meanes are comen to the handes of the said Robert Barker as a fore said hath noe meanes to be releeved in the premisses att or by the strickt |

127.  course of the Common Lawe on this ?or ?earlier or otherwise but only inequitie in Chancery before yo^r good Lop, And for that yo^r said Orato^r without yo^r Lop^s ayde herein hath noe, meanes to force or compell the said Robert Barker thelder to discover & make knowne vnto yo^r said orato^r  what estates he hath made & contryved of the said marriage) [tear in the line] |

128.   & landes & with what statutes Iudgemen^ts or other remembrances the same are charged & to free & discharge yo^r Orato^r of the same or to repay vnto yo^r said Orato^r such moneyes & thinges as he the said Robert hath taken & receaved out of the said office & ioynt stock for w^ch the said Manno^r & Lande were principally ?sold [tear in the line] |

129.  Neither hath yo^r said Orator any meanes to compell the said Robert Barker thelder & such as haue the present estate in the said Coppyhold Landes to surrender the same vnto yo^r said orato^r according to the promise & agreemen^t of the said Barker in that behalfe or to compell the said William Taylor to accept & provide the same  |

130.  surrenders & to make & give vnto yo^r said Orato^r coppies of Courte roll concerning the same but only in equitie in Chancery before yo^r  good Lop And for that yo^r said Orator hath not such precise proofe (as the strict course of the common law or requiyreth of the paymen^t & satisfaccõn of all the said moneyes afore mencõned or of the said Robert |

131.  Barkers receauing & takeing of the said moneyes & other thinges out of the said office & ioynt stock as aforesaid But he hopeth the said Robert Barker thelder vpon his oath in this ho^ble Courte in his answere to this yo^r orato^rs bill will confesse & declare the same & the truthe of all & singuler The premisses in manner & forme before expressed |

132.  May it therefore please yo^r good Lop the premisses duely considered to graunt vnto yo^r said orato^r his Ma^tes most gracious writ of Subpoena to be directed to the said Robert Barker thelder & William Taylor thereby commanding them & other of them att a certayne day & vnder a certayne payne therein to be lymited to be & personally |

133.  to appeare before yo^r good Lop in his Ma^tes high Courte of Chancery then & therefore to answere all & singuler the premisses vpon their severall  corporall oathes  And that the said Robert Barker may therein sett downe & declare what estates he hath made of the said Manno^r & landes or any part thereof & w^th what statutes recognzances |

134.  Iudgemen^ts or other encombrances the same are charged or encombered And further that they & other of them may stand to & abide such order & decrees the premisses as vnto yo^r good Lop shall seeme agreeable to equitie & conscience, And yo^r orato^r as in duety bound shall euer pray for yo^r Lops health & happynes.

[FINIS]