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Ex parte [word illegible]
The Deposicõn of Sr Euball Thelwall Knight one of the Masters of the |
High Court of Chancery in a cause between Robert Barker Esquire plaintife & Bonham | Norton Esquire defendant taken at the Skynners Hall in London the xiiiith of March 1626 | before Daniell Hills and Nathaniell Weston Citizens of London by vertue of his Maties Commission to them | directed.
To the first Interogatorie this deponent saith that he with the rest of the Commissioners did causea Certificate to be drawne vp by assent of the said parties on both sides, wch was intended shoulde bee | decreed, and was afterwards decreed accordingly. And he further saith, that the moiety of the office | debts and all other things incident thereto was to be restored to the plaintife, after the payment of § | eight thowsand pounds in the decree and Interrogatory mencõned according to the decree, To | wch for more certainty he referreth himself.
To the second Interrogatorie he saith, that the first two thousand poundes was meant and intended | to be raised by the sale of Vpton farme, for that this deponent and the other Commissioners could | finde the plaintife Barker to haue noe other meanes to paie the same but by sale thereof. And he saith | that the other sixe thowsand pounds was to be paid by the proffitts of the office and for that | purpose two persons were appointed to looke to the managing of the said offie, for the best § | advancement and proffitts of the said office, and more speedie payment of the said sixe thowsand pounds.
To the third Interrogatorie he saith that the defendant was vpon payment of the first two thowsand | pounds to haue his name put out of Kings Printer, and the plaintifes name to be put in, and the | office was to be managed by two persons to be named by both parties, vntill out of the profitts of | the office the other sixe thowsand pounds should be paid; and the defendant was not to § | entermeddle with the said office more than with the receipt of the moitie of the proffitts | of the said office. Hee further saith that hee beleeueth the half-yearely accompts of the | proffitts of the office, were not yeilded vp for that Complaints were made by the parties | imployed by the plaintife in the said office. ffor the execucõn of the office he saith that he beleeueth | it was not, dulie, executed, for that complaints were often made by the parties appointed by the partie | and that the partie appointed for the plaintife was not permitted by Mr Norton the defendant to performe the same.
To the fourth he saith, that the reason whie the xxtie in the hundred mencõned in the Interogatorie | was put downe (wch was also done by consent of the parties) was to make the plaintife more § | careful to paie, and to giue the defendant better assurance for payment of his money, and not | any intent or purpose of <(this deponent nor of the rest of) as he verely beleeveth> that he the plaintife should paie the said xxth in the | hundred indeed. And it was the rather agreed by the Commissioners to be sett downe, for | that there is a clause toward the end of the decree, that they should haue power to heare | and determine all difference between the said parties from time to time as by the saide § | decree doth appeare, By wch meanes the Commissioners were enabled to moderate that | or any other extremity that should happen in the cause.
To the fifte he saith that he heard about the time of the making of the decree that the | ?plaintifes landes were encumbred and he heard the plaintife chardge the defendant that he had his lands | engaged to him and kept his body in prison: But what estate he had in | those landes he knoweth [word illegible] he saith that hee and the rest of the Commissioners did | intend that Vpton being sold for parte of payment for the redemption of the office that Χρofer | Barkers wife should (to his best remembrance) haue Sudeley, dischardged futurely | of all Incumbrances in lieu of the said Vpton farme; for wch point he referreth himself to | the decree, And this deponent with the rest of the Commissioners, by consent of the parties, did | (as yt may appeare ?any subsequent articles vnder the hands of the Commissioners, & the parties) | make other provision for her and her husband out of the profitts of the office.
To the sixth he saith that this deponents meaning was, and taketh yt to be the meaning of the rest | of the Commissioners, that what books or moneys soever, that were taken out by either partie for their | owne vses before the making of the decree that neither of the parties should be charged thereof : l 1. | only such as were made debts by either of them should be brought to the office.
To the seaventh he saith that he receaved yt was not intended that the defendant should bee | ?charged of the 285li for lattin books sold to the Company of Stationers for that yt was | [word illegible] to be a debt belonging to the office And he saith that the plaintife was to haue all | ?[moie]ty of the said office stock and debts as may appeare by the said decree.
To the viiith he saith that as towching the money that should be raised by sale of Vpton farme, [word illegible] | [2 words illegible] of the Commissioners & the parties as may appeare by articles vnder their hand as that | [word illegible] be towards the payment of the said office. And he saith that he conceaueth both parties | were forward and willing for sale thereof: and therevpon the defendant was ?e[nioy]ned to ioyne | in the said sale, and procure his daughter Barker to ioyne also therein. And the deponent further | saith that afterwards the defendant would not consent for sale of Vpton farme for the defendant did | preemptory saie to this deponent that yt should not be sould, vnles Sudeley should be ?assured | [2 words illegible] words to that effect.
To the nynth he said nothing.
To the tenth he saith that he conceaueth the defendant to be chargeable wth a moitie of so much [word illegible] | [word illegible] parties did as was due to the moiety of the defendant & to accompt for the same euery half | yeare and the rather ?soe that the defendant did not permitt the partie imployed by the plaintife to haue ?the managing of the said office.
To the xith this deponent saith that he thought yt not fitt to allowe him the defendant any vse for the first two thowsand pounds for that yt did appeare to this deponent, that he the defendant did | hinder the sale of Vpton farme, by wch the said two thousand pounds was to be paid. But the other Comissioners did thinke fitt to allow him fiue in the hundred for that two thowsand | pounds and for the rest [3 words illegible] noe more.
To the xiith he saith [4 words illegible] it was to be charged wth all that hee | trust : ?contrary to the [3 words illegible] and wth all the debts and moneys that by his § | default [word illegible] not called in, in [2 words illegible] debts as this deponent then tooke notice of did | amount [word illegible] one thowsand pounds [word illegible] his persuall of certain notes then taken | himself [word illegible] appeared.
To the xiith he saith [word illegible] purchased of blackfriers howse because yt was [word illegible] | [2 words illegible] of Mr Barker he was not to be charged therewth : But Mr Barker [2 words illegible] reasonsable proporcõn for [3 words illegible] wch of the howse as should bee for the moitye of the office.
To the xiiiith he saith he cannot nowe call to minde, anything materiall concerning this | Interrogatory otherwise then that there were somthinges resolved by the Commissioners §§§§§§§§ to | be incerted in the decree that was to be made <[word illegible] articles> [word illegible] conceaueth that Mr Phillip Gerrard | who was ioyned Commissioner and to [3 words illegible] that was agreed vpon, can satisfie the | [2 words illegible] Interrogatory.
[2 words illegible] heard that Mr Windsor and two of the Cages were willing to buy the | said [word illegible] about the tyme when the same should be sould, and that there was Twoo | thowsand nyne hundred pounds offered for the same: and that this deponent was told | that the defendant did discourage the purchasers to buy the same.
To the xvith he saith that the paper draught of articles dated the 30th May 1624 | mencõned in the Interrogatory [2 words illegible] him at the tyme of [2 words illegible] as he takes it [word illegible] | copie of the articles [2 words illegible] by him and the rest of the Commissionrs to wch for more | ?certaynty he referreth himself. And for the other dated the xth of March following | are the verie Articles themselues wherevnto the proper hands of this deponent & the | rest of the Commissionrs & parties are subscribed. And for the rest of the Interrogatory he referreth himself to the Articles | [word illegible] he saith that the Letter now showed him is the verie same that hee | subscribed, mencõned in the Interrogatory.
Daniel Hills }
Nath Weston } Comissioners
Daniel Hills
Nath Weston |
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