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did looke to the said Office and at his pleasure when he would did informe himself of the said Office and took | perused or might take & peruse the Accompts of the said Office accordinge to the said decree and was not [word illegible] | therein by this deponent or any other by this deponents knowledge this deponent beinge one of the warehouse keepers of the | said office.
To the ffoureteenth Interrogatory this deponent saith that the defendant or Roger Norton for him did vse them besides | endeavrs for the manadginge of the said Office in the examinacon thereof to the best advantage and the defendant did ?of | tymes admonish those that were employed in that business to be dilligent and Carefull in the Callinge in and suing | for debts due in respecte of the said Office wch this deponent knoweth the better to be true because he this deponent | was imployed in the gatheringe & Callinge in of those debts and was much blamed by many of the Company | for being soe earnest wth them for the same debts . And this deponent beinge imployed therein about Nyne yeares saith | that there was as much dilligence vsed in the gathering in of debts & examinacon of the said office sithence the said decree | as was vsed before.
The ffower & twentith day of May 1627.
John Winterborne of the parishe of St John Latcharie London Gent aged Thirty three yeares or §§ | thereabouts sworne & examined.
21. To the One & Twentith Interrogatory this deponent saith he knoweth the Lettre now shewed vnto | him beginninge Mr Gerrard I haue acqainted Mr Norton xct. beinge partly the hand writinge of this deponent and partly | the hand writinge of Mr Thomas Jones Esquier now deceased as this deponent verely beleeveth that wch this deponent writt | beinge done by the direccõn of the said Mr Jones And for the truth of the substance thereof consisting of so many parts | this deponent cannot precisely say otherwise then that the defendant did allwaies seeme to this deponent to be ready & §§ | willinge that the Lease of Vpton should be sould if other lands were assured in lieu thereof accordinge to the decree.
22. To the Two and twentith Interrogatory This deponent saith he knoweth the writinge likewise now shewed vnto him | dated 30th July 1623 ?worded as he remembeth Cary therevnto patents & Indentures therein mencõned to Mr Gerrard | about the same tyme and the Cause why the said Lettres patents & Indenture were not lefte wth him was for that the | said Mr Gerrard would not subscribe to the said Note. Wthout strikeinge out of the words there stricken out beinge about | five lynes in the latter and of the said Note And this deponent verely bleeveth that dirreccõn was giuen that the reytale | of the said Lettres patents should be written out and sent to Mr Gerrard and that the same was written and sent according | on or about the said Thirtith day of July 1623.
Barker plaintife Norton defendant
Exparte defendants
The nine & twentith day of May 1627. Euble Thelwall of Grayes Inne in the County of Middelsex Knight One of the Masters of the high Court of | Channcery aged Three score & three yeares or thereabouts sworne & examined.
2. To the second Interrogatory he saith he | was appointed a Commissioner wth Phillip Gerrard & Thomas Jones in the Interrogatory named as by the Commission | wherevnto this deponent referreth himselfe may appeare. And this deponent & they did often sitt about the examinacõn there | and did make a Certificate in the said Cause by the Consent of the said parties. And this deponent did intend that | the said defendant should be truly paid the money that was agreed vpon betweene them for the Moytie of the said | Office And this deponent did not intend that all the Certificate should be in all things performed forth that there is | Twenty in the hundred given vpon default of payment of the first two thousand pounds wch penalty the deponent | never intended noras this deponent thinketh did the other Commissioners intent should be paid by the playntiffe but | was sett vpon him to make him the more carefull to pay the money and the defendant the more assured to receave | his money and the more willing to ioyne in the sale of the farme of Vpton wch was intended to be sould And | this deponent saith there is a Clause in the said Certificate that gives power to this deponent & the other Comissioners | to heare & determine any debt that might arise concerninge any matters conteyned in the said Certificate Vpon wch | Cause this deponent Concearneth he & the other Commissioners had sufficient authority to moderate the said penalty | and this deponent & the other Commissioners to moderate the said penaltie | and this deponent & he & the other Comissioners together wth the said Plaintiffe & defendant did subscribe their names to the | said Certificate.
3. To the Third Interrogatory this deponent saith that he was informed by the said parties of some bargaine or | Contrary [word illegible] therein and that there was a suite therevpon wch as this deponent taketh it was the occasion that | drewe on the [3 words illegible] & the other Comissioners had about the same And as for the Indenture now ?seene | by this deponent he cannot now remember why ?then he never sawe it before this tyme or not but [small hole] certainty of | [word illegible] somme conteyned in the said Indenture and for the defendant enioying of the said Office he referreth himselfe ?to | the same Indenture wch was [word illegible] before this deponent had any intermedlinge in the said [small hole] to the ?rest of | [6 words illegible] deponent cannot Certainly & materially depose.
4. To the ffourth Interogtory this deponent saith that the Cause that moved this deponent & as this deponent [word illegible] | conceaueth was a Motiue that moved the rest of the Comissioners to sett downe the some of Eight thousand pounds | that the playntiffe was to pay to the defendant was the Consent of the said plaintiffe & defendant wch some as this deponent | conceaueth was a full price of the Moiety of the said Office and this deponent was satisfied that the same was a full | vallue for that Mr Bill did tell this deponent he would take somuch for the other moiety of the said office And the | reason that moved this deponent and <as> he taketh the rest of the Comissioners to allowe the defendant but five in the | hundred for the six thousand pounds parcell of the same in the decree mencõned was for that the defendant was ?to | receave from tyme to tyme money [word illegible] particuler ?sale of bookes before he was to allowe any vse for ?the ?same | beinge to accompt but euery six monethes. And the reason why the defendant should [4 words illegible] | the office should be setled [2 words illegible] defendant was because the defendant had the Office & the vse of the entire money from tyme | to tyme and it was but the ordinarie [9 words illegible] And [2 words illegible] | reason of Twenty in the hundred this [2 words illegible] gave any other answeare then what he hath [word illegible] Interrogatory | [hole] Interrogatory this deponent saith that he hath [3 words illegible] full answere [hole] | [word illegible] Interrogatory in his answere to the ?seaventh Interrogatory | [hole] Interrogatory [2 words illegible] saith [6 words illegible] Certificate Somewhat [2 words illegible] [hole] | [hole] Interrogatory to wch this deponent refereth himselfe [4 words illegible] | [hole] [line illegible] | of the Comissioners that made the said Certificate that the defen[dant] disingaged & [hole] | As by the Certificate to wch this [word illegible] refereth himselfe [2 words illegible] And further to this In[hole, conjectural: terrogatory he cannot] | materyally depose.
8. To the Eight Interrogatory this deponent saith that it appeareth by the said Certificate & [word illegible] | was the meaning of this deponent & the rest of the Comissioners ?concerning ?the ?matters questioned by [hole] | Interrogatory to wch this deponent for more Certenty referreth himselfe And [5 words illegible] | Interrogatory this deponent cannot depose.
9. To the Nynth Interrogatory this deponent sayeth that he referreth himself concerninge the [3 words illegible] | to the Clause in ye said Certificate & to the Articles made since betweene ye said plantiffe [4 words illegible] | demands of this Interrogatory better than this deponent.
18. To the Eighteenth Interrogatory this deponent saith he knoweth not of any lands that the [3 words illegible] | said plaintiffe was willinge to haue sold the farme of Vpton & brought some to the Towne of [2 words illegible] | [hole] some wch as this deponent verely beleeveth have bin sold if the defendant had not hindered the ?same. And | [hole] plaintiffe & his wife as the deponent
Daniel Hills
Nath. Weston |
