[Fo. 19r] [IMAGE] [ZOOMIFY IMAGE]
Deposicõns of witnesses taken the Eleeventh of May 1627 at Skynners Hall Lond. |
Daniell Hills and Nathaniell Weston Comissioners by vertue of a Commission to them directed out of the | high Court of Chancery in a Cause there dependinge betweene Robert Barker Esquier Complainant & Bonham |
Norton Esquire defendant.
1. Thomas Talbott of London Gent aged xxx yeares or thereabouts sworne and examined To the ffirst | he sayth he knoweth the parties plaintiffe and defendant and hath nowne them for the space of Ten yeares last past or thereabout.
10. To the Tenth Interogatorie he saieth he knoweth that all matters in varyance between the Plaintiffe and defendant touching the | office of Kings Printer and stocke to the said Office perteyninge and alsoe concerninge Certen Accompts of the Stacõ[ners] [word illegible] | orders for payment of money to the said Barker and the sequestracõn for default of payment thereof and matters in difference | betweene the said parties were by Consent of both parties about the Third of March xxo Jacobi King referred [2 words illegible] | out of the Channcery to the hearinge and fynall determinacõn of Sr Euble Thelwall Knight Phillip Gerrard and Thomas Jones | Esqrs And that they about the ffive and twentith of May 1623 made their Award and Certificate and ?subscribed their [conjectural: names to] | the same And that the said parties plaintiffe & defendant did likewise subscribe their names therevnto testifying thereto [2 words illegible] same And the same was afterwards decreed accordingly by the Hoble Court of Chancery.
11. To the Eleaventh Interogatory he saith he hath seene and considered of the said Certificate and he saith [4 words illegible] | Plaintiffe hath not performed the same in the most <of ye> the severall points thereof that [2 words illegible] to be [3 words illegible] | to this deponents knowledge pay the Two thousand pounds at the tyme appointed by the [6 words illegible] | terme 1623 Neither to this deponents knowledge hath he paid any other some or somes of money | to be paid except by the profits of the said Office. Neither hath the said the said Complainant discharged the deponent of [2 words illegible] | accordinge to the said decree and this deponent verely beleeveth And he knoweth not that the plaintife [2 words illegible] | of the said decree or Certificate savinge that as this deponent beleeveth [6 words illegible] | of the said Office.
12. To the Twelth Interrogatory he sayeth he can say noe more then what he hath said. To the next [3 words illegible] | sauinge that he saieth that the plaintife was to pay for the Moyetie of the said Office Eight thousand pounds ?himselfe [word illegible] | pounds payable as in the former Interrogatory is part and the other six thousand pounds was payable | one thousand pounds every halfe yeare consequently [word illegible] As by the decree coneaveth
17. To the seventeenth Interrogatory he saith that the [3 words illegible] by the said decree to disingage the defendant of all debts or ê [word illegible] & the interest money thereof wthin three yeares next after the decree and pay the vse thereof and sayeth | the defendant from tyme to tyme during the same three yeares wch he did not performe in any part thereof to this [word illegible] And this deponent by dirreccõn of the defendant on or about the Thirtith day of June 1623 give notice in writinge to [word illegible | of the particuler somes of the said debts & Ingagemts & Interest money to the end that thereby he might know the [2 words illegible] | the same and discharge the defendant thereof. Wch debts Ingagemts and Interest moneyes did they amount to [word illegible] | more and further he cannot depose.
18. To the Eighteenth Interrogatory this deponent saith That he knoweth not that the plaintiffe hath sold any lands or [word illegible] | for or towards the satisfacõn and payment of the said Office debts and Ingagements Neither doth he know the plaintiffe [word illegible] | to sell any Lands or Leases for that purpose savinge that he heard the plaintiff say he had treaty wth one Mr Windsor | afterwards wth Mr Toby Cage and Mr John Cage about sellinge of the Lease of Vpton but did not procure other | further then that as this deponant hath heard the said Cages would giue Three thousand pound for the same so as [word illegible] | hundred pounds owinge by the Complainant to the Lady Hart might be accepted as part of the same Three thowsand | pounds And he saith that the said Plaintiffe did not vpon speeches of the sale of Vpton bearinge the [2 words illegible] | wife of Christopher Barker (to this deponants knowledge) tender or offer any assurance of the [2 words illegible] | other lands then the Ioynture of the wife of the plaintiffe for the vse of the said Christopher and Sara his wife | to be sold. Neither to this deponents knowledge did he tender or make any allowance for Convenient allowance of [2 words illegible] | of the said and Christopher and Sara as by the decree he should.
19. To the Nyneteenth Interrogatory he sayeth he beleeveth that the plaintiffe hath not bene hindered by the defendant [word illegible] | sale of any the lands or leases appointed by the decee to be sold Neither did the plaintiffe to this deponents knowledge | any tyme tender to the defendant any writings or assurances for the selling or conveyinge of any of the said lands.
20. To the Twentieth Interrogatory he saith that the for the more speedier sale of Vpton did agree wth Mr W[indsor] | for the sale of the Lease of Vpton for wch the said Windsor was and agreed to pay Three thousand pounds [word illegible] | Indenture purportinge a sale thereof to the said Windeser was sealed and deliuered by the defendant [3 words illegible] | Sara his wife wth Indenture as the Indenture now shewed to him this deponent and the Cause [5 words illegible] | that the Plaintiffe refused to ioyne in the sale thereof And the reason why the plaintiffe refused [4 words illegible] | defendant refused to accept the Three thousand pounds absolutely in part of payment of the Office And this deponent saith [word illegible] | direcõn of the defendant he went wth a note the Copy whereof is now shewed vnto him) vnto the plaintiffe by [word illegible] | apperces that the defendant was Content that the Three thowsands for wch Vpton was to be sold [3 words illegible] | as the Comissioners [3 words illegible] the plaintiffe did performe the decree [4 words illegible] | [3 lines illegible]
Robert Barker
[7 lines illegible]
as March xxth Jacobi King referred vnto the hearinge and by all determinacõn of Sr Euble Thelwall Knight Mr | Gerrard & Thomas Jones Esquiers and he doth know that a Commission out of the Channcery was ordered | heard and determine the same accordinglie And they spent much tyme in the settlinge and debatinge of the same | differences and about the ffive and twentieth day of March 1623. made theire Award and Certificate (amonge other | for the Restitucõn of the said Office Wch Certificate was subscribed and Certified both by the Commissioners [word illegible] | said parties Plaintiffe and defendant with a clause of revercõn made by the said Comissioners for them to [2 words illegible] | As by the words thereof to wch this deponent referreth himself appeareth wch Certificate was accordingly afterwards | decreed.
11. To the Eleaventh Interrogatory he sayeth he hath seene & Considered of the said Certificate and for performance | as touchinge the debts Ingagements & interest moneyes he saieth he hath past over lands by Indenture to the defendant | full satisfacõn thereof as he Conceaveth And touching the Office the defendant hath quietly receaved the pr[offits] | thereof and might haue had the Lease of Vpton or three thousand pounds or thereabouts for it wth proffitts | he saieth he doth not know wherein he failed to performe any materiall part of the said decree
To the Twelveth Interrogatory he saieth that he was to pay to the defendant Eight thousand pounds for [hole] | of the Moyetie of the said Office To be paid Two thousand pounds The Thirteenth day of June 1623 [word illegible]
Daniel Hills
Nathaniel Weston.
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