The seuerall answere of William Tayler one of the defendents to the bill of Complaint of Bonham Norton Complainant.
1. The benefitt of exception to the incertayntie and insufficiencie of the said Complainants Bill nowe and at all times to this defendant saued for answeare vnto the said Bill of Complaint he sath that he verely beleiueth that the other defendent Robert Barker Esquire in the bill named was heretofore lawfully |
2. possessed of and in the office of his Mats printer for the terme of his life and of and in the Messuage or Tenement called Northumberland house for diuerse yeares then and yett endureinge And whereas the Complainant as this defendant conceaueth most impertenently and most maliciously ?alleadgeth |
3. that the saide Robert Barker did sell his books in the said office for present mony before they weare halfe printed and finished at halfe the prizes he might otherwise haue sold the same And haueinge in that manner sold all the books he had in the said office and therewith soe furnished and |
4. prouided the Stacõners that they needed not to buy any more books from the said office for a longe time after And the said defendant Barker being by that meanes brought behinde hand and much indebted the defendant Robert Barker aboute ?Eight yeares sithence was inforced |
5. for payment of his said debts to make sale of the saide Office House and premisses And therevpon made offer to sell the same to diuerse persons and (amonge others) he made offer to sell the same vnto the Complainant and one John Bill stacõner whoe therevpon offered to give ffive |
6. Thousand pounds for the same soe as his sonne Christopher Barker whoe then had a graunt of the said office for his life in revercõn after the said defendant Robert would agree that the Complainant and the said John Bill should enioy two full Third parts of the said office dureing |
7. the lives of the said defendant Robert and Christopher and the longer liuer of them, which the said Christopher agreed vnto And therevpon the Complainant and the said Bill agreed to pay for the same vnto the said defendant Robert Barker the summe of ffive Thousand pounds being full |
8. as much or more as the same was then worth and more then the said defendant Robert Barker was then offered for the same by any other person or persons whatsoeuer, which summe the said defendant Robert agreed to accept of And therevpon the said defendant Robert by one deede or seuerall |
9. Deeds by him in due forme of law sealed and deliuered beareinge date the last day of ffebruary in the Twelueth yeare of his Mats Raigne that nowe is of England xtc. did for the Consideracõn of the said ffive Thousand pounds agreed to be paid vnto him by the Complainant and the said |
10. Bill as beforesaide absolutely assigne ouer to the said Complainant and the said Christopher Barker and John Bill the said Office House and premisses and all the Letters, Presses and other things therevnto belongeinge, and all his estate interest ?terme demaunds therein excepting |
11. to the said defendant Robert Barker the fee and wages of Six pounds Thirteene shillings ffowre pence payable from his Matie for the execution of the saide office, which said summe of ffive Thousand pounds and euery parte thereof was truly paid and satisfied to the said |
12. defendant Robert Barker or to others by his consent and appointment accordinge to the said bargaine And the said Complainant and the said John Bill did afterwards further giue and pay vnto the said defendant Robert Barker the summe of One Hundred pounds more And therevpon the said |
13. defendant Robert by writing by him in due forme of lawe sealed and deliuered did absolutly release vnto the said Complainant and the said John Bill the said Office and premisses and euery parte thereof (except before excepted) and did thereby acknowledge and confesse the receipt of the said |
14. ffive Thousand pounds to him paid as aforesaid By reason whereof the said Complainant and the said Christopher Barker and John Bill became lawfully possessed of the saide Office and premisses (vizt) both of them of one Thirde parte thereof to continewe dureinge the lives of the said [word illegible] |
15. Robert and Christopher and the longer liuer of them And therevpon by Indentures vnder theire hands and seales they became Copartners together in and for the said Office and the benefitt and execution thereof And therevpon the Complainant and the said John Bill <disbursed> diuerse sommes of mony for the |
16. provideinge of Books for a stock to be imployed in the said Office Howbeit by reason of the multitude of books sold by the said defendant Barker whilest he had the saide Office as aforesaid They for the space of two yeares and vpwards after had little or noe ?rent for any books and receaued |
17. little or noe benefitt by the said Office as by the Accompts thereof soe that time wherevnto the said defendants Robert and Christopher weare privye and acquainted doth and may appeare By reason whereof the said defendant Robert and Christopher grewe weary of the said Copartnershippe |
18. After which he (vizt) aboute fiue yeares sithence the Complainant and the said Christopher Barker and John Bill standinge equally possessed of the premisses as aforesaid And Robert Barker the younger sonne of the said <defendant> Robert the elder haueinge a graunt of the said office for the |
19. terme of Thirtye yeares in reuercõn to Commence after the death of the said defendant Robert thelder and Christopher And the said defendant Robert thelder standinge possessed of the said ffee of Six pounds Thirteene shillings and ffowre pence to him reserued ?as ?aforesaid |
20. and beinge indebted? in great summes of mony for a great parte whereof the said Christopher stood bound and ingaged with him He the said defendant Robert Barker thelder for payment of his said debts and disingageinge of the said Christopher did therevpon with consent of the said |
21. sonnes by himselfe and Robert Constable his kinsmen (whome he imployed in all businesses concerninge the said office[)] make offere to the Companie of Stacõners and diuerse other persons to sell all the present and future estates of him and his said sonnes of in and to the said Office |
22. and premises and of in and to the books and other things in Copartnership as aforesaid And (amongst others) the said defendant Robert Barker thelder made offer to sell the same vnto the said Complainant and the said John Bill whoe therevpon bargained with the said defendant Robert Barker |
23. thelder and agreed to giue and pay him for the same the summe of Six Thousand and ffive hundred pounds money at certaine dayes betweene them agreed vpon and to discharge the said defendant Robert Barker thelder and Christopher of ffowre hundred pounds more whereof |
24. Two hundred pounds was oweing by the said defendant Robert Barker thelder to the said John Bill and the other Two hundred pounds was oweinge by the said Christopher to the Complainant and the said John Bill for soe much disbursed by them for the saide Christopher in the said Ioynt |
25. stock in the saide Office Of wth said seuerall summes amountinge in all to the summe of Six Thousand and Nyne Hundred pounds the said defendant Robert Barker thelder agreed to accept and the same weare full asmuch or more as the said present and future estates as the said |
26. defendant Robert Barker thelder and his said sonnes of and in the premisses were then worth and more then the saide defendant Robert Barker thelder was offered for the same by the Companie of Stacõners or any other person or persons whatsoeuer And therevpon the said defendant |
27. Robert Barker thelder and his said sonnes Christopher and Robert Barker the younger for those valuable consideracõns did buy writeinge Indented by them in due forme of Lawe sealed and deliuered beareinge date the Twentieth day of November in the ffifteenth yeare of his Mats |
28. said Raigne of England xtc. absolutely assigne and convey ouer vnto the saide Complainant and the said John Bill the said Office and all other the premisses and all theire present and future estates of and in the same which said last mencõned Assignement was made [2 words illegible] |
29. said Barkers to the said Complainant and the saide Bill absolutely without any trust at all and not vpon or vnder any promisses of Redemption or other Conditions whatsoeuer And before the said defendant Robert Barker thelder would seale the same he caused it to be showed to one Robert |
30. Banckworth a Scriuener to be <by> him advised concerninge the same whoe perceaueinge what great summes of mony weare disbursed and agreed to be paid for the same did vpon pervsall of the same assignment say and affirm that the same and the Covenants thereof conteyned |
31. were very indifferent and honest and fitt to be sealed vnto by the said Barkers which being made knowne to the said defendant Robert Barker thelder and his said sonnes therevpon and not before sealed and deliuered the same assignement By vertue whereof and of the other |
32. assignments before mencõned the Complainant and the said John Bill became lawfully and absolutely possessed of the saide office and other the premisses and therevpon they disboursed and laid forth more monies for the provideing of books to supplie and increase the stock ?with in |
33. the saide Office whereby the same stock became much greater and better and the Complainant and the said John Bill accordinge to the said last mencõned bargaine and agreement did discharge the said defendant Robert and Christopher of the said summe of ffower hundred pounds |
34. respectiuely oweinge by them as aforesaid and likewise within one yeare or thereabouts then next followeinge did for and towards the satisfacõn of the saide summe of Six Thousand and ffiue Hundred pounds pay and satisfye to the said defendant Robert Barker the elder |
35. and to others by his appointment or for his vse seuerall summes of mony amountinge in all to the summe of ffive Thousand Seauen Hundred ffifty and ffiue pounds Twelue shillings and six pence Soe as there then remained vnpaid but only the summe of Seuen hundred |
36. ffortye ffowore pounds seauen shillings and sixpence And albeit the acquittances made and giuen by the said defendant Robert Barker and his sonnes servants and frends that receaued the said monyes soe paid did mencõn and testifye that the saide moneyes ?soe [word] |
37. weare in part of payment of the monies agreed vpon for the absolute sale of the said Office and premisses Yett after the said Complainant and the saide John Bill had paid and satisfied all the said monyes and had disbursed soe greate summes as aforesaid [2 words illegible] |
38. the stocke in the said Office the said defendant Robert Barker thelder perceaueinge that by the same disboursments and the Complainants and the said Bills good manageinge of the busines the Office and stock was much bettered and great profitt likely to [conjectural: grow by] |
39. did then and not before pretend that the said last mencõned assignement made to the said Complainant and the said Bill as aforesaid was made vpon trust only That if within a yeare the said defendant Robert Barker should pay to the said Complainant and said Bill |
40. theire monyes disboursed for the same That then the Complainant and the said Bill should reassure the said office and premisses to the said defendant Robert Barker and accompt to him for the proffitts thereof in the meane time Where in very truth the ?said assignement |
41. was absolute (bona fide) and for valuable consideracõn without any trust at all as is aforesaid And the said defendant Barker did not within the said yeare or at other time tender or offer to pay to the Complainant or the said Bill theire money [word illegible] |
42. accordinge to the said pretended trust To the first part of wch said agreements and premisses this defendant cannot make any answeare of his owne certaine knowledge <wither did this defendant to his remembrance euer heare the first assurance of the said office to be questioned by any course of law by the other defendants> but sayethe that he hath heard that the other defendant Robert Barker and the Complainant and the said Bill |
43. did deale together for some part or share of the said office but vpon what termes he knoweth not but refeureth himselfe vnto the deeds wch weare made betwixt them to that purpose <only he hath hearde the other defendant saye that he furnished his sonn Christopher wth 2000li stocke whereof 1600li was in reddy mone> And as touchinge the latter agreement made by the Complainant with the said |
44. other defendant touchinge the assigement thereof vnto the Complainant and the said Bill as in the bill of complaint is sett forth this defendant was not acquainted with the beginninge thereof but before the same agreement was concluded this defendant happened to be at the |
45. house of the ladye Harte scituat neere London stone in London and beinge there in the said Ladye Harts hall with the other defendants wife beinge this defendants neere kinswoman the Complainant did come vnto the defendants said wife and desired to speke with her and ?had |
46. many speeches with her concerninge the dealeinge with the other defendant for the said Office at wch time the Complainant did solemply vowe and protest in the hearing of this defendant that he did not desire nor would not deale in the said Office but for the good [word illegible] |
47. benefitt of the other defendant and that if the other defendant could at any time within a yeare and a day or thereabouts redeeme the same again that he would most willingly reassure the same bargaine vnto the other defendant or words to the same effect [word illegible] |
48. this defendant nowe remembreth was about Witsuntide or Trinity terme before the said latter assignement after which the Complainant and the other defendant did further agree about the said assignement but this defendant was not privye therevnto but after ?that |
49. sealinge of the said last assignement this defendant was made aquainted therewith and he knoweth that the other defendant both by himself and frends did within the yeare require the Complainant to accept of his mony againe wch the Complainant had disbursed |
50. vnto the other defendant vpon the said office and restore the said Office vnto the said other defendant alleadging that the same was vpon trust. Wherevpon the Complainant denied that the said Assignement was made in trust refused to accept of his money againe |
51. to reassure the said Office And the the saide other defendant related some of the proceedings and dealings betwixt him and the Complainant touchinge the said Office and the Assigement thereof and requested this defendant to drawe a bill of Complaint into this honourable Court |
52. against the saide Norton And this defendant did in or aboute Easter terme anno domini 1618 drawe a bill accordingly therein setting forth amongst other things howe the other defendant matched Christopher Barker his eldest sonne with Sara Norton one of the daughters |
53. of the Complainant and that the Complainant promised to giue vnto the other defendant Two Thousand pounds for his daughters marriage porcõn and that the said other defendant in recompence thereof did make a greate Ioynture of ffowre hundred pounds per annum as this |
54. defendant nowe remembreth vnto the Complainants daughter that the defendant Robert Barker in respect of the said marriage expected kinde dealeings from the said Complainant and therevpon trusted the Complainant and the said Bill to be Copartners in the said Office |
55. the said Christopher his sonne for the good of his said sonne that when the said Christopher demaunded an accompt of the Complainant and Bill of the proffitts of the said Office the Complainant therevpon threatened to turn the said Christopher out of dores that vpon |
56. there all dealeings with the other defendants said sonne the said other defendant offered sale of the said office that the other said Complainant discouraged all dealers from buyeing the said Office of purpose that he might buy the same office unto himself with the said Bill and the other said |
57. Complainant persuaded the said Christopher to persuade the said other defendant to sell the said Office vnto the Complainant and the said Bill That the Office with the stock and furniture therevnto belongeinge weare worth Thirty Thousand pounds or some such summe but in respect of the ?same |
58. promisses and other agreements the said other defendant did agree with the said Norton for a farr lesse summe as is conteyned in the said bill of complaint And alsoe that the Complainant only dealt for the said Office in the behalfe of himselfe and of the said Bill That therevpon or ?that ?anie |
59. Articles of agreement in writeinge touchinge the assignement of the said Office and that the assigement was to to be drawne by the Complainants promisse accordinge to the said articles That the Complainant both for him selfe and Bill promised both before and after the assignement |
60. of the said Office that within one yeare and a day whensoeuer the other defendant could make more benefitt thereof that he would giue vnto the other defendant a true accompt of the proffitts of the saide office and vpon payment of mony to reassure the same office vnto the saide other defendant or to the same or some such |
61. like effect as by the saide bill of Complainte amongst diuerse other things therein conteyned more at large and more plainely doth and may appeare there vnto for the more certainety thereof this defendant referreth himselfe unto wch said bill of Complaint the nowe Complainant aboute the time in the bill [word illegible] and the½
62. saide Bill answered and denied in theire saide answere §§ that the assignement of the said office was made vnto them in trust or to that effect as in and by the saide Answere amongst diuerse other things therein conteyned more at large alsoe doth and may appeare vnto wch saide answere for the more certainty |
63. thereof this defendant alsoe referreth himselfe After wch saide answere as this defendant nowe remembreth the other defendant within some shorte time after replied diuerse witnesses weare examined in the saide cause and especially to the matter of the saide trust wherein seuerall witnesses to the number of Seauen |
64. did depose to some such effect that the nowe Complainant dealt with the other defendant for the office of his Mats printer in the behalfe of himselfe the nowe Complainant and of the saide John Bill and that att the time of his dealeinge for the same that the nowe Complainant protested that he would not deale therein to the benefitt of himself but for |
65. the good of the said other defendant Robert Barker and his children and that he <and> the saide Bill woulde accompt at any time vnto the saide other defendant for the proffitts of the said office and that vpon true accompts for the profitts of the saide office they would at any time reassigne the said office vnto the said other defendant if he |
66. woulde require the same <or to some such effect> as by the deposicõns thereof taken and remayninge upon record in this honourable Courte more att large alsoe appeareth here vnto for the more certainety thereof this defendant referreth himselfe And this defendant sayeth that he verely beleiueth that the other defendant did heretofore [word illegible]|
67. his peticõn vnto the Kings moste excellent Matie touchinge the differences betweene the said other defendant and the Complainant and the said John Bill that they might be referred vnto Sir Henry Savill and Sir Marmaduke Dorrell Knights for this defendant hath seene a peticõn to some such effect and therevpon answered |
68. vnto this defendant vpon sight of the saide peticõn his Matie was pleased to referr the differences conteyned in the said peticõn vnto the said Sir Henry Savill and Sir Marmaduke Dorrell Knights And this defendant sayeth that of his owne knowledge the saide Complainant and John Bill and the saide other defendant did §§ |
69. appeare before the said Knights but howe often he doth not knowe and the said Sir Henry Savill and Sir Marmaduke Dorrell did heare some differences betweene them but what conclusion they made therof this defendant knoweth not and this defendant sayeth that he doth not knowe of any letter vnder the hand |
70. of the other defendant wch was written vnto the Complainant and the said Bill bearinge date the Thirtieth day of October 1618 thereby confessinge any agreement made before the said Sir Henry Savill and Sir Marmaduke Dorrell as in the bill of Complaint is suggested neither doth this defendant knowe any the |
71. contents of any such letter nor of the seuerall payments of the seuerall summes of Two hundred pounds on the ffift day of November one Thousand six hundred and Eighteene nor of the ffive hundred fforty ffowre pounds seauen shillings six pence on the Eight day of November one thowsand six |
72. hundred and Eighteene or of any other payments of mony to this defendants remembrence wch complainant made vnto the other defendant neither doth this defendant knowe what acquittances or discharges the said other defendant gaue vnto the said Complainant and Bill or vnto either of them for the same nor of any release |
73. promised to be made accordinge to the articles in the bill of Complaint sett forth And this defendant sayeth that he did heare the Complainant treat with the other defendants wife aboute the sale of the office as in this his answere is before expressed but he neuer sawe or heard the saide Bill treate about the same office till the |
74. assignement thereof made And this defendant conceaueth that the other defendant did most duly and iustly obteyne a decree against the Complainant in this honourable Courte albeit the said other defendant did vse some meanes to expedite the publicacõn of the deposicõns of his witnesses and to bringe wch |
75. did most depely concerne him vnto a quick and speedye heareinge but as this defendant conceauth the now Complainant had sufficient time to examine his witnesses wch weare examined and was at the heareinge of the cause well prepared with Counsell to defend his cause and the said Cause was § |
76. solemly and deliberately heard by the then Lord Chancellor beinge then assisted with the right honourable the Mar of the Rolles and one of the Barrons of his Mats exchequer and with diuerse others the Mars of this Honorable Court and debated by learned Counsell on both sides and that cause as this defendant |
77. conceaueth cleerely proued by many witnesses of good creditt and reputacõn and therefore this defendant conceaueth that the said decree was duly obteyned the certaine contents of wch decree this defendant doth not nowe certainly remember and therefore he refereth himself vnto the said decree |
78. by wch the contents thereof may moste plainely and more at large appeare And this defendant sayeth that he doth not knowe howe the Complainant submitted himselfe vnto the saide decree either in makinge the accompt or satisfacõn for the saide Bills parte accordinge to the decree but by parlance |
79. and delaye to make some new or as this defendant conceaueth ouerreachinge bargaine with the saide other defendant to [word illegible] him of his saide decree for this defendant sayeth after the nowe Complainant was serued with processe out of this Court to performe the decree of this Court the said |
80. Complainant did seeke and desire to haue some meeteings with the other defendant to make some Composicõn with the said other defendant and the Complainant did therevpon meete diuerse times with the said other defendant at this defendants dwellinge house scituat in the parishe of St Olaues ?Hart ?after [word illegible] |
81. London and much conference passed between them tendinge to some composicõn and the Complainant then earnestly desired a frendly ende that they might afterwards liue kindely together being they were soe neere lincked and allied by the marriage of their children and after many meetings |
82. and much conference and diuerse proposicõns the Complainant offered his whole parte in the office of his Mats printer with his stock and furniture therevnto belongeinge wch the Complainant affirmed he woulde not leaue vnder 16000li but in respect of the aforesaid decree for recompence |
83. and a peaceable ende thereof yett in respect of the said decree the saide other defendant should have the same for 10000li to be paide at certaine dayes vnto the Complainant and: 1000li within six monthes after the death of one of them wch should first dye or to some such effect and at the same time |
84. one Humphrey Dison a scrivener who came with the complainant shewed forth a black box vnto the other defendant and affirmed vnto the other defendant that there was therein iacke in a box wch might proue very beneficiall to the said other defendant and was as then vnknowne vnto him afterwards |
85. declareinge the same to be <a> deede of Couenants betweene the Complainant and the said John Bill whereby the revercõn of the whole office of his Mats printer might for some smale or reasonable consideracõn revert vnto the said other defendant or to the like effect <wch Covenent the Complainant valued to be worth 3000li> vpon wch after this this defendant conveaveth that the |
86. Complainant truly meant and intended to giue the saide other defendant. 6000li recompence for his said decree besides the said benefitt wch might arise by the said Couenant and the other defendant did then secretly tell this defendant that he would not leaue the benefitt of the said office wch the Complainant offered |
87. vnto him vnder: 10000li cleere gaine vnto him selfe and therevpon the said other defendant accepted of the said offer and the said Humfrey Dison was therevpon intreated to drawe certaine articles betweene the said other defendant and the said Complainant accordinge to the agreement made betwixt them and the said |
88. Dison did drawe some Articles to the effect followeinge (vizt) tertio die Novembris 1619 It is agreed betweene Robert Barker Esquire on the one partie And Bonham Norton Esquire on the other partie as followeth (vizt) Imprimis Mar Norton beinge lawfully possessed in the moity of the |
89. office of his Mats printer shall (inconsideracõn of 11000li to be paid by mar Barker in forme hereafter expressed) assigne ouer to mar Barker the moitye or half of his saide interest in the Office and the moity or halfe of his interest in the Ioynt stock letters presses and implements for printinge § |
90. vpon Condicõn that Tenn Thousand pounds parcell of the said 11000li to be paid by mar Barker to mar Norton before Michelmãs 1622 And 1000li per annum till the 10000li be paid Item that as soone as the 10000li parcell of the said 11000li shalbe fully paid the said payment of 1000li per annum shall cease |
91. allowance thereof beinge first made vnto Mar Norton vntill the said day of payment thereof Item that mar Barker may at Choice whether he will pay the saide 1000li at one entire payment or at two seuerall equall payments Soe that the saide 10000li fully paid before ?Michelmas ?1622 |
92. Item that <if> mar Barker pay the said 10000li at two seuerall then mar Norton after the first payment to make a proportionable and rateable abatement of the 1000li per annum Item that in the meanetime all books proclamacõns and other things printed by vertue of the said [hole] |
93. printed in the name of the said Robert Barker soe farr forth as the said Bonham Norton may lawfully permitt the same Item that in the meanetime alsoe the said office shalbe ioynty executed by the said mar Barker mar Norton and mar Bill and the proffitts the [hole] |
94. be devided into ffowre parts whereof two ffowreth partes shall remaine to mar Barker if the same shall appeare to be due vnto him and to fowreth parts thereof due to the saide mar Barker and mar Norton shall remain unto mar Barker only Item that for securitie of payment of the |
95. said 10000li parcell of the said 11000li and of 1000li per anum till the same be fully paid as aforesaid as aloe for securitie of reapyment to mar Norton by mar Barker of all proffitts and commodities wch mar Barker or his assignes shall haue receaued by reason of this agreement in case the said 10000li |
96. parcell of the said 11000li as alsoe if the said 1000li per annum be not paide as afore said The said mar Barker shall by such assurance wayes and meanes as Counsell learned shall devise convey oute vnto the said Bonham Norton and his heires foreeuer And that the Mannor Sudeley also Sudley |
97. also Southley also Soudeley with the rights members and appurtenances thereof in the Countie of Bucks free of all incombrances whatsoeuer (Mar Barkers nowe wifes Ioynture therein excepted) And that Mar Barker shall alsoe assigne oure to the said Mar Norton all his estate interest and terme |
98. [word illegible] of and in the Tithes and Parsonnage of Datchett in the Countie of Bucks and of and in the Mewes land and the ffishinge And shall alsoe surrender to the vse of Mar Norton and his heires All his coppie hold lands and Tenements Item that Mar Barker doe pay the said 10000li parcell of [word illegible] |
99. 11000li before Michaelmas 1622 and after the rate of one thousand pounds per annum vntill the same be paide to be accompted from Christmas next cominge And to be paid quarterly by euen porcõns (vizt) at the feasts of Thanunciacõn of our Lady the Natiuitie of St John Baptist St Michaell Thaarchangell and |
100. the Birth of our Lord God or within 40 dayes next on severinge after euery of the same feasts dayes The first payment to be made at the feast of Thanunciacõn of our Lady next concerninge or within 40 dayes then next ensewinge Then Mar Norton shall by such assurance as Councell learned shall devise. |
101. default be made in payment of the said 10000li or of the said 1000li per annum or any parte thereof contrary to the former aforesaid Mar Barker his heires executors and assignes shall haue and take the rents and proffitts of the same Lands Item that if Mar Barker make default in payment |
102. of the said 10000li or any parte thereof contrary to the forme aforesaid or of the said 1000li per annum any part thereof contrary to the tenor aboue expressed That then Mar Norton shall haue againe and reenioy his whole interest in the said office Ioynt Stock lettres presses and implements for |
103. printinge as of this agreement had neuer beene had And that then alsoe the said Mar Barker shall repaye to Mar Norton all the meane proffitts and gaines wch shall arise of the said office in the meane time by virtue of this agreement Item that Indentures of Covenants shalbe thought |
104. made betweene the said mar Barker and Mar Norton withall convenient speede for the perfectinge of this agreement and that in the same Indentures shalbe inserted such reasonable agreement Covenants provisoes and condicõns for performances of the same as by Councell learned shall be thought |
105. reasonable & convenient Item that by the said Indenture the said Mar Barker and Mar Norton shall covenant each to the other that each of them and his Executors shall be seuerally interessed in a fourth part of the said office and premisses vnder and accordinge to the provisoes and agreements |
106. herein expressed and that neither of them nor his executors shall sell any books proclamacõns bibles testaments or other things belonginge to the said office in grosse but only by retaile as hath heretofore been vsed and accustomed to be done by the said Mar Norton and Mar Bill duringe there |
107. ioynt execution of the said office and also that neither of them shall defraud or hinder the other or doe committ omitt or consent to be done any acte devise or thinge whereby the other may be damnified or in any wise endamaged Item that in the meane time alsoe Mar Barker may receaue |
108. the yearely ffee or wages of 6li 13s 4d for the execucõn of the said office without any deniall or lett of Mar Norton Item that at the equall costs of the said Mar Norton a decree in Chancery shalbe procured for confirmacõn and due observacõn of all and euery the Clauses condicõns |
109. and agreements in the said Indentures to be expressed Item that the said Mar Barker or his executors shall pay to Mar Norton or his executors 1000li residue of the 11000li within six monethes next after the death of Mar Norton or Mar Barker wch shall first happen and in default |
110. of payment thereof it shalbe lawful for Mar Norton and his executors to haue and enioy the moitie of all the benefitt of or by printing of all bibles in the seuerall volumes of 12o & 8o vntill the same 1000li shalbe paid or satisfied Item it is agreed that Mar Norton shall make it plainely appeare |
111. that his part in the ioynt stock in seperate debts and priviledged bookes belongeing to the said office to be of the value of 7000li at the least at the rates and prices as the same weare formerly bought of Xrofer Barker ffinally it is agreed that all former suits and courses of suits between the said |
112. parties shall ende and cease and be determined any former decree in Chancery order ordinance or other matter to the contrary notwithstandinge <or to some such effect> After wch the same Articles weare brought vnto Mar Thomas Jones of Graise Inn Esquire to be pervsed and this defendant was intreated to be present |
113. at the pervsall thereto vpon the readinge whereof this defendant much disliked the same and thought the same to be vnreasonable and did depart out of the said Mar Jones his studdye and lest the said other defendant and the nowe Complainant and the said Dison together with the said Mar Jones to conferr together |
114. and within a little while after the saide other defendant came forth vnto this defendant and intreated him to goe in againe and to vnderwrite his name vnto the said Articles which this defendant with a very ill will did vnderwrite at the said other defendants request and this defendant sayeth that he doth not knowe |
115. that the said Norton did at any time deliure or send vnto the saide other defendant any note in writeinge conteyninge the seuerall names number and prices of the books and other things remaineinge in the said office and of the seuerall Summes of the separate debts and names of the persons by whome the |
116. same weare oweinge as in the bill of Complaint is further expressed neither doth this defendant knowe howe longe the said other defendant had the draught in the bill mencõned to pervse the same, but sayeth that some such draught was brought vnto this defendant to pervse but with the same was not left with this |
117. defendant but only to reade and soe carried away from this defendant and this defendant did then alsoe vpon the pervsall thereof much mislike the same draught and did take some exception therevnto wch he nowe remembreth not neither doth this defendant remember that the saide other defendant and the Complainant did |
118. subscribe theire names vnto the said draught And this defendant sayeth that he hath seene the deede in partchment but was not present at the examininge of the saide deede with the said draught and this defendant was present at the signinge sealeinge and deliueringe of the said deede and this defendant |
119. and other weare witnesses therevnto but for the contents of the said deede this defendant refeereth himselfe vnto the said deede and this defendant remembreth that the Complainamt did enter into a bond vnto the other defendant but he doth not remember the contents or effect thereof And this defendant sayeth |
120. that the said other defendant did before this time promisse this defendant that he should be Steward of the Mannor of Datchet in the countie of Bucks (the said Stewardship as this defendant taketh it beinge then in the disposeinge of the said other defendant) and at the sealeinge of the saide other defendant |
121. told the Complainant that this defendant should be steward there and this defendant did tell the Complainant and the aforesaid Mar Jones that he had neuer kept any courts there yett they weare very desireous that this defendant should take a surrender of the said other defendants coppiehold lands vnto certaine vse |
122. conteyned in the said surrender wherevnto this defendant referreth himselfe and therevpon this defendant in hope he should haue beene steward of the said Mannor and at the request of the said other defendant and the Complainant aboute the time of the sealing of the said last mencõned Indenture ?was |
123. contented to take the surrender of the said Coppihold lands and Tenements by the rodd accordinge to the Custome of the said Mannor and this defendant sayeth that the said Complainant did promisse to pay and satisfye this defendant for the said surrender but neither the Complainant nor the other defendant |
124. or any other did euer giue or pay anythinge vnto this defendant for the same and this defendant sayeth that after the said surrender this defendant did indevour to keepe Court within the said Mannor of Datchett but the other defendant in respect as this defendant hath heard that the Complainant had done |
125. hardly with the other defendant and pretended to take a forfeyture of the other defendant without cause as hath beene supposed did forbidd this defendant and would not suffer this defendant to keepe the said Court but appointed an other steward to keepe the same whereby this defendant was disabled |
126. to present the said surrender and this defendant denieth that he euer promissed the Complainant to remember to giue or send him coppies of Court Bookes of the same And this defendant sayeth that he had neuer before that time kept Court within the said Mannor of Datchett nor vntill October last past |
127. before wch time ther had beene seuerall Courts kept by other stewards And this defendant verily beleiueth that the other defendant hath sithence surrendered the said Coppiehold lands and Tenements to the vse of himselfe and his wife for theire liues and afterwards to his heires or to some such offer and that |
128. the same was presented accordinge to the Custome of the said mannor as by the surrender therof appeareth And this defendant sayeth that the said Complainant was made acquainted that the said Coppie hold lands should haue beene surrendered vnto the vse of the other defendants wife and this defendant |
129. Lately seene a deede of Covenants bearinge date the first day of Aprill in the sixt yeare of his Mats raigne whereby the other defendant did Couenant to and with Tobie Wood of Lincolns Inn in the countie of Middelsex Esquire and Andrewe Windesore of Bentley in the countie of Southt |
130. Esquire theire heires executors and administrators that he the said other defendant within the time and space of one yeare next after the marriage should be had betweene the other defendant and Anne his nowe wife should and would at his owne proper costs and charges make lawfull surrenders |
131. accordinge to the seuerall Customes of the seuerall Manners of Datchett Datchett St Helens Vpton and Wyrardsbury in the Countie of Bucks of all and singuler the Customary or Coppiehold Messuages lands tenements and hereditaments holden or parcell of the said Mannors or any |
132. of them wch he the said other defendant hath an estate or inheritance in accordinge vnto the customes of the said Manners and that accordinge to the seuerall Customes of the said Mannors To the vse and behoofe of the said other defendant and the said Anne for and duringe the terme of |
133. their naturall liues and the naturall life of the longer liuer of them and from and after the deathes of the said other defendant and the said Anne to the vse and behoofe of the heires of the body of the said other defendant with other reminders ouer or to some such effect as by the said deede § |
134. wherevnto this defendant referreth himselfe more plainely doth and may appeare And this defendant sayeth that he remembreth there was a peticõn drawne to the late Lorde Chancellor in the names of the Complainant and the other defendant but the contents thereof doth not remember nor howe |
135. the same should haue beene effected and likewise this defendant remembreth that the other defendant deliuered the exemplificacõn of the said decree beinge vnder the greate seale of England and the writt of Execution thereof vnto the defendant but whether at the time of the sealeinge of the said deede or not |
136. or to what intent this defendant remembreth not and he beleiuth that the other defendant vpon the agreement and sealeinge of writeings aforesaide entred into the said Office and enioyed the same for some smale time vntill the Complainant by colour of a pretended forfeiture did wrest the same againe |
137. from the said other defendant for as this defendant hath beene informed the Complainant did deteyne much of the proffitts of the said Office wch should haue beene paid vnto the other defendant whereby he might haue satisfied the Complainant all such summes of mony as weare due vnto the Complainant according to |
138. the said deeds as by all accompt or certificate made vnto the right honorable the Lord Keeper from certaine Stacõners appeareth wch as this defendant hath heard was ordered in this honorable Courte accordingly And this defendant sayeth that to his remembrance he neuer sawe the release |
139. of the decree in the bill satisfied but & hath heard that the aforesaid Humfrey Dison did drawe some such releife And this defendant beleiueth that the other defendant and the said Bill did submitt the differences betwixt them vnto the right reuerend ffather in God the Lord Archbishop of § |
140. Canterbury and entred into bond each to other to some such purpose and the said Lord Archbishopp aboute the month of ffebruary anno domino 1619 did make and publishe his Award in writeinge as by the same more at large appeareth and within short time after as this defendant taketh it the said |
141. Lord Archbishopp did vnderwrite certaine Articles to some such effect followeinge (vizt) This conteyneth the summe of those thinges wch weare agreed vpon before me only touchinge this one perticuler Mar Barker demaunded to haue his diuidende of the mony in Cash at the time of the ?passage |
142. of the Conveyance against wch Mar Bill takeinge some exceptions in fine both parties referred themselues to my Arbitracõn touchinge this and all other matters betwixt them I doe finde that Mar Baker is willinge to performe his bargaine but Mar Norton hinders him from the ?performance |
143. thereof tyeinge him to a former contract wherein Mar Barker insteede of haueinge recompence made him by Mar Norton of a decree passed against him in Chancery was overeached by prizinge the books at a farr greater value by about 3000li more than they weare worth to be sold |
144. for present mony at wch rate they weare solde by Mar Norton vnto him this appeared vnto me both by the valuacõn of Mar Barker and Mar Bill of the books made before me And the said Lord Archbishopp did vnderwrite his graces name to the said words soe written vnderneath the said articles |
145. but the same was not soe vnderwritten by the procuerment of the other defendant as this defendant verely beleiueth And this defendant doth not remember that he was acquainted with the other defendants peticõn wch was made vpon the certificate in the bill of Complaint specified [word illegible] of the proceedings |
146. vpon any peticõn preferred after the said decree neither was this defendant acquainted with the receipt of the six Hundred pounds in the bill named nor with the acquittances made therevppon and this defendant sayeth that he taketh it that the other defendant did convey and assure his for ?simple |
147. Lands and Tenements vnto his said wife for her ioynture and the said Ioynture is excepted in the deede bearinge date the Ninth day of December in the Seaventeenth yeare of his Maties raign in the bill of Complaint expressed in theis words (vizt) except Anne the nowe wife of the said |
148. Robert Barker partie to theis ?points for her dowre or Ioynture of or in the premisses And this defendant knoweth that the differences betweene the Complainant and the other defendant weare referred vnto Sir Robert Heath Knight and Mar Thomas Jones Esquire to heare and ende the same if they ?could and |
149. they make greate paines therein and did make many proposicõns and subscribe some agreements betweene the Complainants and the other defendant the effect thereof this defendant rememberth not but he hath sent a note vnder the said Sir Robert Heathes hand to the effect followinge (vizt) Mar Jones |
150. we haue often mett to ende the controversies betweene Mar Barker and Mar Norton but hetherto wee haue beene but vpon preoposicõns and haue not beene soe happie as bringe anythinge to a conclusion I pray you lett vs meete once more this oweinge a quarter of an howre will |
151. ?finishe all or never if wee cane macke a finall peace I shalbe very glad thereof if not whatsoeuer is already directed by vs and is vnder our or theire hands for reparacõn to an ende must be all sett at large and they left to theire owne wayes and we freed from the further care thereof This |
152. you knowe was euer our intention and at least to leaue them in as good case as wee found them without preiudice by us or therein right or possession of the office. Without that that any other matter or thinge matteriall or effectuall withe lawe for this defendant answere vnto and not herein § |
153. sufficiently confessed or awarded traversed or denied is true all wch this defendant is reddy to averr and proue as this honorable Court shall award and humbly prayeth to be dismissed for the same with his reasonable costs and charges in this behalf wrongefully and without iust cause |
154. susteyned:
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