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Contents Page > Depositions: Robert Barker v. Bonham Norton (1626-27) Fo. 21r
 

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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11. To the Eleaventh Interrogatory he saith he hath seene & read the said Certificate And he conceaveth the plaintiffe in the [word illegible] | of the decree hath not performed the same but accordinge to the interpretacõn of the Comissioners in the preceedent Interrogatory nominated or two of them as they have often declared their meaninge to be the Complaynent hath performed the greatest [word illegible] the | but every particuler thereof he cannot now remember but referreth himselfe for the more Certenty to the said former comissioners | and to his examinacõns on the Plaintiffes behalf.

 

12. To the Twelveth Interogatory he saith the plantiffe was by the said Award ordered to pay to the defendant for the Moitie therof | the Office stocke debts moneyes & other things of Kings printer Eight thousand pounds vizt. Two thousand pounds about | the first day of Trinitie terme 1623. and the other six thousand pounds by one thousand pounds every six monethes then | next followinge & fiue pounds per Cent per annum for the forbearance of the said last sixe thousand pounds to be accompted by | the said forst day of Trinity terme 1623. vntill the Same were paid accordinge to the said decree and he saith the plaintiffe | did not pay to the defendant the Two thousand pounds at or before the first day of Trinity terme 1623. according to the | ?Due of the decree Nor hath the Plaintiffe paid to the defendant any other some or somes of money for the said Office due | by the said decree other then such as hath bin raised out of the said Office to this deponents knowledge |

 

15.  To the fifteenth Interrogatory he saith he did require other formes of accompt to be kept than those wch were kept for the | defendant and Mr Bill and to wch this deponent had sometymes accesse vnto And this deponent saith he found fault that divers |parcells of receipts for bookes sold were not entered in these bookes in their due tymes Nor at any other tyme to this deponents | knowledge And this deponent advised this Course to be held concerninge the same that the sales & receipts should be | duly entred and that  all exacte accompts should be kept of the bookes & paper printed And he alsoe saith that he [word illegible] | soe well as he could (the bookes beinge kept soe intricate and they were) an accompte of Charge & discharge of money | receved and paid for the said office duringe those three yeares & for about one halfe yeare before out of such bookes as by | had sometymes accesse vnto wch were kept betweene the Agents of the defendant and Mr Bill or of Mr Bill and the | Sequestrators for the halfe yeare or thereabouts .

 

16.  To the sixteenth Interrogatory he saith that about Midsomer last this deponent & the defendant did pervsesome bookes of accounts | for receipts and payments of the Office of Kinges Printer kept by the Agents of the defendant & Mr Bill but for the particulers?of | every halfe yeeres receipts and payments this deponent doth not now well remember but referres himselfe to the said book | of Accompts and accompt. And this deponent saith he did finde fault and take exception to divers parcells of receipts wch | were not entered in those bookes of Accompts that this deponent & the said defendant could there <then> fynde the particulers whereof ê this deponent doth not now remember. But whether this deponent did then require any other accompt to be made or | not he doth not now remember but doth Conceave if he did not then require any other accompt it was that this deponent | would not then hinder the Accompt that the defendant & this deponent was then ?Collectinge out of some of the bookes of Accompt | kept by the defendant & Mr Bills agents for the Office.

 

17. To the Seaventeenth Interrogatory this deponent saith he Conceaveth that by the said decree the said Complaynent was to | disingage the defendant from all such debts & engagements and the defendant stood bound as surety for the Complaynent and [word illegible] | likewise to pay to the defendant all such moneys wch the Complaynent had borowed of or did owe to the said defendant and | for the more Certainty thereof as alsoe for the tyme of dischargeinge and payinge this deponent referreth himselfe to the | decree And this deponent further saith that he knoweth the Plaintiffe hath assigned divers lands over to the defendant for the | satisfaccõn of the said debts and engagements and that the defendant  hath entred vpon those Landes & receaved profitts thereof | but how much the same profitts amount vnto or of whome receaved this deponent knoweth not. Neither doth he know that | the plaintiffe had notice according to the decree of the severall Ingagements and interest monyes Nor to what the same | did amount vnto And the reason why the said Complaynent did not satisffie the said debts & ingagements was as the | deponent conceaveth because all parties interested in the plaintiffes said lands could not be brought by the Playntiffe | to ioyne in the makeinge of the Assurance thereof to purchases.

 

18. To the Eighteenth Interrogatory this deponent saith that he knoweth the Complaynant hath not sold any lands either for | the payinge for the said Office or disingageinge of the defendant but the plantiffe had Contracted wth Mr  William | Windsor Tenant of the lease lands of Vpton for the Lease thereof towards the payment of the said Office And this | deponent hath heard that the Complaynent did offer to sell certen lands for disingageinge of the defendant and had sould | the same lands if good assurance Could haue bin made as this deponent hath heard And this depont further saith? | that the said plaintiffe vpon the speeches of the sale of Vpton beinge part of the Ioynture of Sara wife of Christopher | Barker did offer that Mr Norton should drawe vpp by his owne Councell such Assurance of Sewdley & other lands | then the Ioynture of the wife of the plantiffe for the Conveyance thereof to the said Sara as was intended by the same | decree and then the plantiffe would seale the same and the plantiffe was alsoe Contented to assure as well for Mr | Christopher Barkers & Saraes parte maintenance is for futher & better assurance of the said Saraes Ioynture | such interest as he the said plaintiffe might or ought to have out of the said office and was alsoe Content that if he did | not pay the rest of the money payable for the redemption of the said Office that then the said money receaued for | Vpton should remaine and be for the Assurance of the Ioynture and benefitt of the said Christopher & Sara and their | Children And for further answeare of the Contents of this Interogatorie hereferreth himself to his examinacons on the [word illegible] | Complaynants behalfe.

 

19. To the Nyneteenth Interrogatory this deponent saith that the Complaynant as this deponent Conceaveth hath bin hindered | by the defendant in the sale of some of the landes or Lease appointed by the decree to be sold because the defendant either would not | ioyne in the sale thereof or did not bringe in such as he was or his part to bringe in to ioyne in the sale thereof And he | further saith that the playntiffe did not tender to the defendant any writinge or assurance for the sellinges assurance of ?any |  the premises to any person or persons to this deponents knowledge because as this deponent hath heard and beleeveth [hole] | had not any Counts or Counterparts of the lands to be sold but the same Conveyances in the said deponents hands and [hole] | beeleveth And for further answeres to the Contents of this Interrogatory he referreth [hole] | Complaynents behalf.

 

20. To the Twentieth Interrogatory this deponent saith that the defendant as this deponent hath heard did about [hole] | terme <Anno> 1625 agree wth one William Windsor [5 words illegible] | of any Indenture that was sealed purportinge the sale thereof but he [hole] such an Indenture [word illegible] sealed [word illegible] | defendant Christopher Barker and Sara his wife beleeveth the Indenture [word illegible] showed to this deponent to be [2 words illegible] | Indenture and this deponent hath heard Windesor was to pay for the same [word illegible] thowsand pounds and that [words illegible] | why the same proceeded not was because the Playntiffe the rest of the [word illegible] did not seale the said ?Indentures | and this deponent hath heard the plaintiffe  did preferr to ioyne in the sale thereof if the defendant would accept of [word illegible] | said money in part of payment of the said Office and Cease to style himselfe Kinges Printer as this deponent [2 words illegible] | he should haue done by the decree to wch he referreth himselfe But what meanes the defendant [3 words illegible] | plaintiffe therein and to persuade him to ioyne in the sale thereof he knoweth not, Neither [3 words illegible] the | in paper now shewed to this deponent is a true copy of the Note wch the defendant [7 words illegible] | the Playntiffe vpon readinge of the said Note did denye to ioyne in the sale thereof.

 

                        Robert Norton [sic. Barker] Plaintiffe Bonham Norton defendant

 

 

 

Joseph Baysett The ffouere & twentieth day of May 1627 | of the parish of St Giles wthout Criple Gate London. Stationer aged ?ffiftie ?six ?yeares or | ?thereabouts sworne & examined. To the ?Thirteenth Interrogatory this deponent saith that the Plaintiffe | accordinge to the decree appoint and substitute Robert Constable to sea & looke to the execucõn of the said Office | and from tyme to tyme to take the Accompts concerning the same and he further saith that the said [word illegible]

 

 

 

 

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