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Interrogatories to be administred aswell to Robert Barker Esquier Complainant against Bonham norton | defendant as also to Witnesses to be produced on the parte & behalfe of the said defendant.
1. Imprimis doe you knowe the said parties Complainant & defendant & how long haue yow knowne them & either of them.
2. Item were you together with Phillipp Gerard & Thomas Jones Esquiers appointed Comissioners ?by | Comission out of the highe Courte of Chancery To heare & determyn the differences between the plaintife & | defendant touchinge & concerninge the Office of kynges Printer & Stock to the said office perteyninge And also | touchinge & concerning certeyne accompts of the Stacõners & order for payment of money to the said | Barker and the Sequestration for default of payment thereof & other matters in difference betweene | the said plaintife & defendant did you not sundry tymes sitt for the examinacõn of the said Comission And [word illegible] | did you make a certificate in the said cause And did you not intend that the said Certificate [word illegible] | be performed by both the said parties all points according to the termes thereof And whether [word illegible] | the said Comissioners & parties subscribe & agree to the said Certificate accordingly.
3. Item did there not appeare to you an Indenture dated about 9th December 1619 wherein the plaintife should | haue againe the Office of Kynges Printer paying to the defendant 11000li vizt 10000li the rest on or before the | ffeaste of St Michaell 1622 & the other 1000li within sixe Monthes next after the decease of the plaintife or | defendant was the said 10000 li so payd And was not the defendant (for default of payment thereof) to enioy the said | office absolutely & is not this the Indenture here shewed vnto you & whether did it then appeare ?to ?you | or were you enformed that the defendant was indebted for the said office in great sommes of money for wch [word illegible] | payd vse after the rate of xli per Cent per annum.
4. Item what moved you in your said Certificate to appoynt the plaintife to pay to the defendant but 8000li [word illegible] | by the said deed vnder the plaintifes hand & seale you found theire was due to the defendant by the plaintifes 11000li | declare the full & whole cause & reason thereof And what was the Cause & reason That you ?appointed | but 5li per Cent to be payd by the plaintife to the defendant for the 6000li in the decree mencõned And that the | defendant should pay to the plaintife xli per Cent for such moneyes as hee should repaie to the plaintife in case the | office should be invested in the defendant. And that if the plaintife failed in any of the payment of the 6000li | aboue the said tyme lymitted he should pay the defendant for every such some so falling [3 words illegible] | xxli per Cent vntill the said somme should bee payd de[hole] the full & whole causes & resent [word illegible].
5. Item whether did you cause the parties plaintife & defendant to [hole] [sub]scribe theire seuerall hands to [2 words illegible] | Certificate to bee decreed as by theire mutuall con[sent] to the same And did you subscribe your name to | the same Certificate, as witnesse to theire Consents, And was it then your meaning that the said parties should in all points performe the said Certificate according to the tenor & true meaning thereof.
6. Item was it not the true meaninge of the said Certificate That whatsoeuer bookes or money had | before the said Certificate beene taken out of the Stock of the said Office by Mr Barker | Mr Norton or Mr Bill, noe question or advantage should be taken thereof.
7. Item was it not the true intent & meaning of the said Certificate That the plaintife should ?Disingage | defendant of all the plaintifes debts & other engagements wth his damages wthin three yeares next ensuing | the said Certificate And that the plaintife should pay the vse & saue the defendant harmelesse thereof and | did you not hould it Conscionable & reasonable that the said debts & engagements should be satisfied | out of the plaintifes lands & Office.
8. Item was it the true meaning of the said Certificate that the defendants daughter should | relinquishe her Iointure in Vpton & Ioyne in the sale thereof before shee had other lands according to | the decree Assured to her in lewe thereof And doe you not conceaue That shee had iust cause to | refuse to Ioyne in the said sale vntill she were prouided for according to the decree.
9. ffirst did you in your reseruacõn of determining any doubt or question that should arise between | the said parties concerning the matters mencõned in the said Certificate intend to make [word illegible] | orders or agreements or to determyne any new matter, or but only by way of explanacõn to exp[lain] | ambiguities that might be conceaued arise to arise in the said decree or what other intention [word illegible] | had you therein.
10. Item do you know or beleeve that the matters in variance betweene the plaintife & defendant touching the [word illegible] | of Kynges Printer & Stock to the said office perteyning & also touchinge concerning certeyne accompts of | the Stacõners orders for payment of money to the said Barker & the Sequestracõn for default of | payment thereof & other matters in difference between the said plaintife & defendant were by consent of both parties | about the third of March 20o Iacobi reformed to the hearing & ?fineall determinacõn of Sr Euble Thelwall | Knight Phillipp Gerrard & Thomas Jones Esquiers | doe you know or beleeue that a Commission out of the | Channcery was awarded to them to heare & determyne the same accordingly and that they the said Comissioners | spent much tyme in debating & setling of the same differences & about 25o May 1623 made there | Award & certificate, Whether did the said parties subscribe theire names to the same Certificate [word illegible] | theire Consents thereunto and whether was the same Certificate afterwards by consent of both parties | in the Hoble Courte of Chancery.
11. Itemhaue you seene and considered of the said Certificate and wherther hath the Complainants to your ?knowledge | or as you beleeue performed the same or any parte thereof or his parte as he ought to haue done [word illegible] | what partes therof hath hee performed and wherein hath hee failed to performe the same to your [word illegible] | or as you beleeue.
12. Item what some or somes of money was the plaintife by the said Award order & deemed to paie to [word illegible] | for the moity of the Office of Kynges Printer and att what tymes was the same paieble & did the plaintife [word illegible] | the defendant 2000li all or before the first day of Trynity terme 1623 according to the said decree or [2 words illegible] | sithence & what other somes of money sithence due by the said decree hath the plaintife to yor knowledge paid | or caused to be paied to the defendant for or towards the said Office ouer & aboue the proffitts of the Office.
13. Item did the Complainant according to the said decree appoint and substitute any one to see & looke ?to ?the | execucõn of the said Office & from tyme to tyme to see the accompts concerning the [word illegible] And wth ?the [word illegible] | the said to be soe nominated looked into the said Office & from tyme to tyme as his pleasure | [word illegible] himselfe wth the state of the said Office And whether hath hee taken or pervsed the Accompts concerning | [word illegible] accordinge to the said decree or not and whether throughe you or any other meanes was [word illegible] | way hindered prevented or disturbed therein.
14. Item Whether hath the defendant or others for him sithence the making of the said decree vsed his or their best | endeauors (in execucõn of the said Office) that the same should be managed to the best advantage and wch ?there | sithence the said decree hath he often or at any tyme admonished those that were imployed in that businesse | to be diligent & careful in calling in, & suing for the debts owing to or in respect of the said | office and whether hath there not beene as much diligence vsed for the gettinge in of debts and other benefit | to the Office as theire was before the makying of the said decree.
15. Item did you require during the tyme of the 3 yeres mencõned in the said decree any other booke of | accompts to be kept than those you had accesse vnto what fault did you so fynd & what other course did | you so aduise to be taken & did you not decree out the Accompt of charge & discharge betweene the [word illegible] | defendant during the said 3 years out of the said bookes declare the truthe xct. |
16. Item whether did you & the defendant since Midsomer last conferrr togeather concerning the Accompts of the | Office of Kyngs Printer And whether vpon [word illegible] vpp of the same accompts did not you ?agree [word illegible] | were parts of the said office from 21 december 1622 to the 6 December 1623 amounted to 3809li [word illegible] | and that the payments in that tyme amounted <to> 1706li 15s 6d & that the receipts of the said Office ?since | December 1623 to 14th of June 1624 amounted to 2402li 1s and the payments in that tyme to ?3215li 4s | and that the receipts of the said Office from 14th of June ?1624 [hole] to the 19th December [word illegible] | to ?3419li 5s & the payments in that tyme to 1207li-0-2d And that the receipts of the said Office [word illegible] | [word illegible] of December 1624 to the 19th June 1625 amounted to 2667li 4s 4d & the payments in [conjectural: that time] | 1607li ?s 2d And that the receipts of the said Office from the 19th of June 1625 to the 19th of December | 1625 amounted to ?1223li 1s 10d & the payments in that tyme to 700li and that the ?receipts ?of [hole] | from the 19th of December 1625 to the 19th June 1626 amounted to 2670li ?s 7d or [hole] the tyme to 2403li 1s 4d what fault or excepcõn did you then take to the said Accompts or [word illegible] | require any other Accompts to be made.
Item Whether by the said decree was the Complainant to disingage the defendant from all such debts as the defendant | stood bound in surety with the Complainant and likewise to pay to the defendant all such ?chardges wch the Complainant | had borrowed or did owe to the defendant what tyme was lymitted by the decree for the disingaginge | paying & performinge the same Whether was the plaintife from the making of the said decree [word illegible] paie the use & save | harmlesse the debts of & from all Engagments and other moneyes whether lent disposed or [word illegible] by the defendant to or of | the plaintifes whether hath the plaintife accordingly performed the same or any part therof if yea [2 words illegible] who §§ | & how much hath he paid And whether or noe hath the plaintife receaued notice accordinge to the decree of the seuerall | engagements & intereste money to how much did the same moneyes engagements and intereste moneys amount | vnto and why hath not the plaintife satisfied the promisses declare your knowledge & the truth therein att Large.
Daniel Hills
Nath Weston
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Item Whether hath the Complainant sould or agreed to sell any lands or leases for the disengaging of the defendant | for the payeing for the said Office according to the decree or whether (vppon the speeches of the | Vpton) being the Iointure of Sara the wife of Christopher Barker, did) the plaintife tender or offer any | Assurance of the the Mannor of Soudley & other lands then the Iointure of the wife of the plaintife [word illegible] | for the vse of the said Christopher & Sara in liew & recompence of Vpton aforesaid according to the | decree or not & did hee make or tender any Assurance for convenient allowance of maintaynence of | the said Christopher & Sara as by the decree hee was to doe |
Item hath the Complainant att any tyme beene hindered by the defendant in the sale [3 words illegible] | appointed by the decree to be sould how & in what manner was hee soe hindered did [2 words illegible] | tender to the defendant any wryting or As assurance for the sellinge or Conveighing of any [2 words illegible] | preimisses to any person or persons.
Item did the defendant for the more speedier sale of Vpton agree with [hole] | for the sale therof was theire any Indenture sealed purporting the sale thereof to the [hole] | ?To whom was the same sealed. Is not this Indenture now shewed vnto you the same Indenture | sealed how much <money> was the said Wyndsor to pay for the same how farr proceeded they in their | agreements what was the cause that the same agreement was not perfected whether [word illegible] | plaintife refused to Ioyne in the Sale thereof what was the plaintifes reason soe to refuse & what | meanes vsed the defendant to satisfie the plaintife therein & to perswade him to ioyne in the sale | thereof Is not this Note in paper now shewed vnto yow a true Coppie of the note wch | the defendant sent to the plaintife & did not the plaintife vppon reading the said note deny to ioyne | in the sale thereof declare therewith xct.
Item doe yow knowe this letter now shewed vnto yow to beginning Mr Gerrard [2 words illegible] | acquainted Mr Norton xct by whose direccõn or appointment was the same drawen or written | & whose hand writing is the same & whether doe yow knowe or beleue the same to be in | substance true.
Item doe yow <knowe> the writinge now shewed vnto yowe dated the xxxth day of July 1623 did yow ?carry | the letters Pattents and Indentures mencõned therein to Mr Gerrard about the same tyme | what was the cause the same were not left with him, and whether doe you nowe | beleeue that direccõn was giuen that the Recitall of the said letters pattents should be | written out & sent to Mr Gerrard was the same written & sent accordingly & about what | tyme was the same soe done.
Daniel Hills
Nath. Weston. |
