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Contents Page > Depositions: Robert Barker v. Bonham Norton (1626-27) Fo. 20r
 

C22/601/28  

 

DEPOSITIONS: Taken from witnesses in the Chancery disputes between Robert Barker v. Bonham Norton (1626-27)   •  DOWNLOAD DEPOSITIONS (PDF 756 KB)

 

 

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day of Trinity terme in that yeare and One thousand pounds every halfe yeare afterwards till the said Eight thousand  | pounds were paid As by the said decree to wch he referreth himselfe appeareth. And <he saieth> the said first two thousand pounds  | was not paid at the day appointed by the said decree because the defendant and his daughter Sara did refuse to ioyne in | the sale of the Lease of Vpton that should haue raised moneyes by order of the Comissioners for the payment of the | said Two thousand pounds. And he further saith that he verely beleeveth that if the said Lease of Vpton had bin then | sould as was ordered and still may and that the Office of the Printer had ben equally manadged by the persons ?vpon | on either part accordinge to the decree then he whole Eight thousand pounds had bin fully satisfied wth an ?ouerplus | he Conceaues by Colleccõn out of the bookes of the said Office to wch this deponent referreth himselfe And any other | some or somes of money due to the said defendant by the said decree he sayeth he hath not paid to the defendant over and besides | the profitts of the said Office to his now remembrance.

 

17. To the seaventeenth Interrogatory he saith that he ought to disingage the defendant of such debts Ingagments and Interest [word illegible] | as in the Indenture is mencõned and to saue harmeles the defendant of and for the same But this deponent saith that the said defendant | before the Three yeares expired (notwthstandinge the decree extended this deponents lands formerly conveyed vnto him by the | deponent) and sithence this deponent and <ye> defendant haue lately agreed by Indenture for the satisfaccõn of those debts Ingagments and | interest moneys wch is the reason this deponent did not satisfie the same And he saith he doth not remember that any [2 words illegible] | giuen to him of the particuler debts Ingagements and Interest moneys in this Interogatory mencõned neither doth he knowe that | some the same amount vnto but refereeth himelf to the speciliaties and accompts.

 

18.  To the Eighteenth Interrogatory he saieth that he hath not sold any landes or Leases for disingageinge of the defendants | discharge of the Office of Kings Printer But he saith he had agreed and giuen his Consent for the sale [3 words illegible] | severall tymes beinge the Ioynture of Sara daughter of the defendant. But was hindred therein by the defendant [word illegible] | saith he tendred not any asurance of Sudely because the Comissioners by their authority giuen by the decree ?and ?by | of both parties vpon the defendants mocõn did appoint satisfacõn  for Saras Ioynture and parte [2 words illegible] | the Office and Parlam Park in lieu of her Ioynture by the lease of Vpton.

 

19.  To the Nyneteenth Interogatorie he saith he hath bin hindered by the defendants divers tymes in the sale of Vpton ffarme | that he hauinge agreed wth Mr Windsor to sell the same Lease one tyme for Three thowsand pounds or thereabouts | and another tyme for Two thousand nyne hundred pounds or thereabouts and receaued a Coach by [2 words illegible] | earnest the same Agreements were broken of by reason the defendant and his daughter refused to ioyne in the sale there [word illegible] | soe this deponent returned back the said horse and moneys he receaued in earnest.

 

20.  To the Twentith Interrogatorie he saith he doth not know but hath heard the defendant did agree to sell the Lease of Vpton to | Mr Windsor for Three thousand pounds or thereabouts and did tender to this defendant by Mr Taylor the Indenture now | shewed to seale And this deponent saith that he was willing to haue sealed the same Indenture for the sale of Vpton | the defendant would give any note or acknowledgement vnder his hand to testifie his acceptance of the Three thousand pounds | in part of payment of the Eight thousand pounds for the Moytie of the said Office of Kings Printer after acccordinge to the | Articles of the said Comissioners And touchinge the note now shewed vnto him he saith he doth not remember that | such note of wch this is a Copy was even shewed to this deponent and he verely beleeveth this note was made after ?they | and Windsor were broken of in the said bargaine And this deponent saith that he spake to the said Mr Taylor why [word illegible] | tendered the said Indenture to this deponent as aforesaid to put in writinge the [word illegible] willingnes vpon the termes [word illegible] | to ioyne in the sale of the Lease of Vpton.

 

                        Barker plaintiffe Norton defendant.

 

Exparte defendants

 

12.  The Two and twentith day of May 1627.

Roger Norton of the Parishe of St Anne Blackfriers London Gent aged Twenty seavon y[eares] [or] | thereabouts sworne & examined. To the twentith Interogatory he saith the Plaintiffe was by the [2 words illegible] | mencõned ordered to pay to the defendant for the moitie of the Office of Kings Printer the some of Eight thousand pounds | Two thowsand pounds about the ffirst day of Trinity terme 1623. and the rest by one thousand pounds euery Sixe months | followinge And the Plaintiffe did not pay to the defendant the Two thousand pounds at or before the ffirst day of Trinity | 1623 or att any tyme sithence Nor any other some or somes of money to this deponents knowledge hath the  Plaintiffe | paid to the defendant for or towards the satisfinge of the said Eight thousand pounds over and above the profitts of the | said Office.

 

13. To the Thirteenth Interogatory he saith that the Playntiffe according to the said decree did appoint and substi[tute] | Robert Constable to looke to the examinacõn of the said Office and from tyme to tyme to see the Accompts [word illegible] | same And the said Robert Constable did or might at his pleasure informe himselfe of the state of the [word illegible] <take and peruse the accompts [word illegible]> | accordinge to the said decree. And he saith that the said Robert Constable was not hindered prevented or disabled of | the examinacõn of the said Office or pervsall of the Accompte thereof by this deponent or by any other to this [word illegible] | vnlesse at sometymes by necessarie occasion or absence of Mr Bill or his servants or this deponent but [3 words illegible] | haue accesse to the books or other things required to be seene by the said Constable.

 

14.  to the fforeteenth Interrogatory he said that the defendant and this deponent for him sithence the making of the [word illegible] | did vse their endeavors in the execucõn  of the said Office for the manadginge thereof to the best aduantage [word illegible] | defendant sithence the said decree hath often admonished this deponent and others ymployed in the said Office to be [word illegible] | Carefull in the Calling in and suinge for the debts due in respecte of [rest line illegible] | [word illegible] wth dilligence vsed for the getting in of the debts and other profits to the said office sithence [2 words illegible] | there was before the making thereof.

 

Thomas Harper

 

Exparte defendant

 

1.  Thomas Harper The Two & twentieth of May 1627 | of the Parish of St Annes Blackfriars London Gent aged thirty eight years or | thereabouts sworne and examined. To the first Interrogatory he saith he knoweth the parties Plaintiffe and defendent [word illegible] | knowne the Plaintiffe these Twenty years and the defendant this twenty six yeares last past [3 words illegible].

 

13. To the Thirteenth Interrogatory he saith he knoweth not what was to be done by the decree but [3 words illegible] | did Cort as he Supposeth in the [word illegible] of the said Complaynant to see and look to the execucõn [4 words illegible] | tyme to tyme to see the Accompts Concerninge  the same And the said Constable for only [3 words illegible] | had at one tyme or other the pervsall of the books of Accompts concerninge the said Office. And this deponent further [word illegible] | that the said Constable was not hindered prevented or disturbed in the execucõn of the said Office or perusinge of the [word illegible] | thereof by this deponent or any other to this deponents knowledge.

 

14. To the Fourteenth Interrogatory he saith that the defendant and others imployed by him in the said Office haue sithence the due | day of December 1623 vsed their best endeavors in the execucõn of the said Office to be manadged to the best advantage and [word illegible] | the said defendant hath from tyme to tyme called vpon those that were ymployed in the said Office to Call in and ?sue for [word illegible] owing  | in respect of the said Office And further to this Interogatory he cannot depose.

 

Exparte defendants

 

1.  Robert Constable The Two and Twentith day of May 1627. ê of the parish of St ffaithes London Stationer age Thirty five yeares or thereabouts sworne and | examined. To the first Interrogatory he saith he knoweth both the said parties and hath knowne the Plaintiffe about Thirty yeares | and the defendant about Twelve yeares last past.

 

10. To the Tenth Interogatory he saith he beleeveth That the matters in varyance betweene the Plaintiffe & defendant mencõned in | this Interogatory were referred to the persons in the same Interrogatory nominnated but for the tyme he doth not well remember but | referreth himselfe to the Comission & decree therevpon And he further saith that the said Commissioners did spend much time  | in dealinge and setlinge of the said differences And about May 1623 made their award & Certificate vnto wth [word illegible] | as this deponent Conceaveth the said parties  plaintiffe & defendant did subscribe their monies testifying their Consent [word illegible] | the said Certificate as he conceaueth was afterwards by Consent of both parties decreed Hoble Court of Chancery.

 

Daniell Hills

Nathaniell Weston.

 

 

 

 

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