For Bonham Norton et Johes Bill 16 Aprilis 1616
The ioynt and seuerall answeres of Bonham Norton John Bill
Richard Tombes Xrofer Willson | William Hamond John Wolley
William Wrench and Richard Taylor defendants to the Bill of |
complaint of Richard Bancroft Esquier Complaynant |
1. The sayd defendants saving vnto themselves all advantages of dycepcõn to the vncerteinty and insufficiency of the sayd Bill of complaint for direct answere therewith say as followeth And first the sayd § |
2. Bonham Norton and John Bill say That they these defendants and John Norton deceased were partners together in the Trade of Stacioners in the City of London And that the sayd defendant Bonham
3. Norton makeing his cheif abode in the County of Salop committed the trust and care of manageing the sayd Trade and ordering the ioynt stock belonging to the sayd trade vnto the sayd John |
4. Bill and John Norton And the sayd John Bill further for his part sayth that during the tyme of the sayd ioynt partnershipp and tradeing betwene him and the sayd John Norton and Bonham |
5. Norton the Right Reuerend father in god Richard late Archbishopp of Canterbury in the sayd bill of complaint named sent for this defendant John Bill wherevpon this defendant attending the sayd |
6. Lord Archbishopp he the sayd Lord Archbishopp acquainted this defendant John Bill that he the sayd Lord Archbishopp had occasion to vse diuers books for the furnishing of a Library and willed
7. this defendant to provide the same books in quiers or sheets vnbound and deliuered the same vnto the sayd other defendants Richard Tombes Christopher Willson William Hamond John Wolley William |
8. Wrench and Richard Tailor all of them being booke binders and appointed by the sayd Lord Archbishopp for the bindeing vp of the sayd books for the vse of the sayd Lord Archbishopp And |
9. the sayd Lord Archbishopp promised and vndertooke to make satisfaccõn and due payment for the sayd books so to be deliuered by this defendant wherevpon this defendant at seuerall tymes betweene |
10. the fift day of August in the yere of or Lord god one thousand six hundred and Ten and the fourth day of October then next following did deliuer vnto the sayd Tombes Willson Hamond Wolley |
11. Wrench and Tailor according to the aforesayd direccõns and appointments and to the vse of the sayd Lord Archbishopp divers books in quiers belonging to the partible stock of this defendant and his sayd |
12. other Copartners All w:ch books together w:th the prices thereof this defendant did from tyme to tyme as the same books were deliuered to the sayd bookebinders Cause to be sett downe in a shopp bookes kept by |
13. this defendant for that purpose and the same books so deliuered vnto the sayd bookebinders at easy and reasonable prices amounted vnto the somme of fouer hundred forty eight pounds Ten shillings and Ten |
14. pence (as by the sayd shopp booke (wherevnto for more certeinty (the particulers of the sayd books and prices being to long to be inserted into this answere he this defendant referres himself may appeare w:ch shopp |
15. booke this defendant hath bene allwayes ready to show vnto the sayd Complaynant Or to give vnto him a true copy or note of the sayd books and the prices of them And this defendant sayeth that |
16. he this defendant at the deliuery of the sayd books vnto the sayd Lord Archbishopp or to such as he appointed to receyve them he this deft did deliuer vnto the sayd Lord Archishopp as aforesayd a note of |
17. all the sayd books reasonably prized and as aforesaid sett downe in this defendants shoppe booke Whereat the sayd Lord Archbishopp tooke no dislike or excepcõn But did sundry tymes promise vnto |
18. this defendant satisfaccõn of all the sayd sommes of mony But before payment made of any part of the sayd mony the sayd Lord Archbishopp dyed After Whose death this defendant did offentimes solicite |
19. the sayd Complainant being executors to the sayd Lord Archbishopp and did likewise solicite diuers of the principall agents attendants and servants of the sayd Lord Archbishopp for satisfaccõn of the sayd mony |
20. and in the end vpon much importunity by this defendant and by the meanes and procurement of the most reuerend father in god the now Lord Archbishopp of Canterbury who well knew of the sayd |
21. debt owing for the same books by the sayd late Lord Archbishopp deceased he this defendant did receyve of one maister John Willson one of the Secretaryes of the sayd Late Lord Archbishopp (who was |
22. well acquainted w:th the deliuery of the sayd books by this defendant and w:th the sayd debt) at Two seuerall tymes the somme of fifty pounds and Ten shillings and likewise by the appointment of the sayd most Reuerand father |
23. the Lord Archbishopp that now is at two seuerall payments the somme of one hundred threescore and nine pounds thirtene shillings and fouer pence in part of satisfaccon of the sayd principall somme of |
24. fouer hundred forty eight pounds Ten shillings and Ten And this defendant having afterwards much importances the sayd Complaynant to satisfie the residue of the sayd principall debt |
25. being the somme of Two hundred Twenty eight pounds <seaven shillings six pence> did vtterly deny and refuse to pay the same allbeit he receyved a very greate estate and advancement from the sayd Lord Archbishop deceased Wherevpon |
26. both these defendants Bonham Norton and John Bill say that they these defendants by the death of the sayd John Norton being solely intituled to the remaynder of the sayd debt have commenced suit at the |
27. Common Law against the sayd Complainant for the remayne of the sayd principall somme and do by their sayd suit seeke to recouer no more than the sayd iust remaynder and dammages of forbearance wch if the |
28. sayd Complainant will satisfie together wth the Costs of suit these defendants will surcease their sayd suit at the Common Law or otherwise by the favor of this honorable Court they hope they shall and may be |
29. permitted to proceed therein Wthout that that it is or ever Was vsuall wth these defendants or either of them or any other bookebinders or bookesellers to these defendants knowledges to make any such uniust |
30. demands as by the sayd bill is pretended Or that the sayd late Archbishopp had any cause so to conceive of these defendants as by the sayd Bill is sclannderrrously surmised W:thout that that ?these |
31. defendants have combined or confederated wth any other of the sayd defendants vpon any such wicked and evill intent and purpose as is pretended by the sayd bill to share any mony amongst ?them |
32. or to have any thing but what is iustly and truly due vnto them Or that these defendants do pretend any more mony to be owing vnto them by the sayd Complainant then is in truth due [2 words illegible] |
33. it is true that the sayd Complainant had no notice of the sayd debt owing to these defendants Or that these defendants did not retayne or demand the same of the sayd Complainant before the sayd suit at the |
34. Common Law beganne But these defendants did oftentymes demand the sayd whole mony of the sayd Complainant shortly after the death of the sayd Lord Archbishopp and after satisfaccon of the aforesaid |
35. part thereof these defendant did likewise demand of the sayd Complainant the sayd remaynder of the sayd debt But the sayd Complainant did still refuse to pay any part thereof w:thout that that the said |
36. defendants have <bene> incited to the sayd suit at the Common Law by any other of the defendants as by the sayd Bill of complaint is vntruly surmised But these defendants say that the sayd other defendants do [2 words illegible] of |
37. the deliuery of the sayd books to the sayd Lord Archbishopp deceased or to his vse and that the sayd Lord Archbishop deceased was indebted vnto these defendants for the same and therefore [word illegible] |
38. defendants conceyve that the sayd Complainant hath cunningly made the sayd other defendants parties to this his suit in this ho: Cort of purpose as these defendants conceyve to leave these defendants wthout [word illegible] |
39. or witnesses for their sayd debt And both these defendants do seuerally for themselves deny that they these defendants did demand and the sayd somme of mony of any other person or persons more then of the [word illegible] |
40. sayd Testator in his lief tyme and since his death of the sayd Complainant and of some of the Testators agents and followers who were reported to have had in their hands part of the mony |
41. wch the sayd Testator meant should goe to satisfie these defendants And both the sayd defendant Bonham Norton and John Bill do likewise seuerally for themselves deny that they have confessed that the |
42. sayd Complainant ought not to be charged w:th any part of the sayd debt Or that these defendant have vttered any speeches to the same effect But these defendants say that they are verily perswaded in |
43. a good Conscience that the sayd Complainant alone ought to be charged w:th the sayd remayning somme for that the sayd debt was and is a iust debt owing to these defendants by the occasions aforesaid § |
44. and for that allso the sayd Complainant by his executorshipp [word illegible] <vnto> the sayd testators hath receyved a very ample estate of the sayd testators farre exceeding all debts owing or legacyes given by the sayd |
45. Testators. And the sayd defendants Richard Tombes Christopher Willson William Hamond John Wolley William Wrench and Richard Taylor for themselves do seuerally answere and say That the |
46. right reverend father in god the Lord Archbishopp of Canterbury deceased in the sayd bill named did make choise of these defendant for the bindeing vp of diuers books for his vse and did direct and appoint |
47. those defendants to fetch from one other of the sayd defendants John Bill the same books in quiers or sheets wch books these defendant did seuerally at seuerall tymes betweene the sayd fyft day of August in the yere |
48. of or Lord God one Thousand six hundred and Ten and the sayd fourth day of October then next following fetch and receyve from the sayd John Bill for the vse and according to the direccõn [word illegible] |
49. appointments of the sayd Lord Archbishopp deceased And these defendant did see the same books so seuerally and respectively receyved by these defendants sett downe and inserted in a shoppe booke kept by the ?said |
50. John Bill vnto w:ch shopp booke for more certeinty what books were seuerally and respectively deliuered vnto these defendants they these defendants referre themselves to the sayd shopp booke And [2 words illegible] |
51. Richard Tombes Christopher Willson William Hamond John Wolley William Wrench and Richard Tailor : do seuerally and respectively for themselves further answere and say that all the sayd books [word illegible] |
52. or sheets so seuerally and respectively receyved by these defendants of the sayd defendant John Bill as aforesaid and wch were sett downe in the sayd shopp booke of the sayd John Bill were bound vp [2 word illegible] |
53. seuerally and respectively according to the dirrecõns and for the vse of the sayd Lord Archbishopp deceased and after the same books were so bound vp by these defendants seuerally and respectively they these defendants |
54. did carry and deliuer some of the sayd books so seuerally and respectively bound vp by these defendants vnto the sayd Lord Archbishopp deceased and the rest of the same books vnto some of the followers of the sayd ?Lord |
55. Archbishopp for the vse of the sayd Archbishopp And these defendants did from tyme to tyme as they so deliuered vp the sayd books bound vp receyve of the sayd Lord Archbishopp or his followers or servants ?the |
56. mony and wages due vnto these defendants for the <binding vp of the same books> same. And these defendants do further seuerally and respectively for themselves answere and say W:thout that that these defendants or any of them have plotted or ?combyned |
57. or confederated w:th any other of the defendants to charge the sayd Complainant as by the sayd Bill is suggested w:thout that that these defendants have any intent or purpose to share any mony in the sayd Bill of Complaint |
58. mencõned betweene these defendant or the other defendants But these defendants do seuerally for themselves say that they do not clayme nor any expect any part of the sayd mony to be vnto them yeelded W:thout that |
59. these defendants have incited the sayd other defendants or either of them to sue the sayd Compainant for any part of the sayd monny Or that these defendants have offered themselves to be wittnesses for the said other |
60. defendants And all these defendants for themselves seuerally say without that that any other matter or thing in the sayd Bill of complaint conteined materiall to be answered vnto and therein not sufficiently |
61. answered confessed and avoyded trauersed or denied is true All wch matters these defendants are ready to averre and prove as this ho: Cort shall award And pray to be dismissed [word illegible] of the |
62. same Cort w:th theyr reasonable Costs and Charges by them in this behalf most Wrongfully susteyned:
[Endorsed: words illegible]
[FINIS]
