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Deposicõns taken at Skynners Hall London the vith daie of Aprill in the third | yeare of the raigne of yor Soueraigne Lord King Charles & before Daniell Hills and Nathaniell Weston by vertue of his Maties Commission awarded out of his highnes | Court of Chancery in a cause there depending between Robert Barker Esq |
plaintife & Bonham Norton esq. defendant.
Edward Sayers of Datchett in the Countie of Buck: yeoman and liiii yeares | or thereabouts sworne and examined on the plaintife behalfe deposeth and saith. To | the first interrogatory, he saith he knoweth the parties plaintife and defendant and the | farme of Vpton, and also William Windsor gent in the Interrogatory named and | saith that he knoweth of the decree made in Chancery between the parties | to this suite, touching the affaire of Kings Printer, for that he hath heard it | read, and yt beares date between three & fower yeares past, for the | certaintie whereof he referreth himself to the decree. And he saith that hee | was present about Whitsuntide wilbe fower yeres, when the said plaintife did | deale with the said Mr Windsor to purchase the said farme of Vpton, & they | did then agree for the same, and he was present when yt was done at Sudley | howse in the great parlour, and the price (as this deponent remembers) was twoe | thousand nyne hundred pounds or thereabouts. And he further saith that | both Mr Barker and Mr Windsor did then tell this deponent that the said Mr | Windsor had giuen earnest for the same.
To the sixth Interrogatory hee saith that the said Mr Windsor came to London & made | prouision of moneyes to paie for the said purchase; and he heard the said Mr Windsor | saie that he had made such prouision and he saith that the bargaine afterwards | brake off, and beleeueth that yt was by the default of Mr Norton, and his reason is for that vpon conference had by this deponent wth Mr Χρofer Barker and his | wife, the daughter of the defendant they said their ffather Mr Norton had neuer | moved them in yt neither would they part with their Interest. And he furthr | saith that Mr Windsor and his wife at his return home from London did tell | this deponent, that they were ill dealt with all by Mr Norton or words to such effect.
To the viith Interrogatory he saith that of his knowledge the said Mr Windsor then | was & yet is a man able in estate and Creditt to haue paid for the said purchase | in ready money, and is generally reputed to be a very honest and sufficient man. | And he further saith that Mstress Sara Barker hath divers times affirmed that shee | would not ioyne in sale of the said farme. And he saith that hee alwaies found | the said Mr Barker the plaintife verie vrgent and ready to make sale of the said | farme towards the redempcõn of the said office only & not otherwise. And for | the rest of this Interrogatory he referreth himelf to the last deposicõn.
To the viiith Interrogatory he saith that he cannot saie of his knowledge but hath | heard by Mr William Tailor, Mr Christopher Barker and Sara his wife, that | the said Mr Norton the defendant did require the said Χρofer Barker and Sara his wife | to sett their hands for the sale of the said ffarme for some other purpose & not § | towards payment of the said office. And he further saith that the wryting being | signed and sealed by Mr Χρofer Barker and his wife & brought to the plaintife hee the Χρofer plaintife refused to sett his hand and seale to yt, vnles Mr Norton would giue a note vnder his hand, that the money should goe towards the redemption of the office.
To the nynth hee saith that betweene three and fower yeares past Mr Barker | did will this deponent to goe to Mr Phillip Gerrard, & went wth this deponent | also himselfe, to tell Mr Gerrard that hee and Mr Windsor were agreed, And this | deponent then told Mr Gerrard that Mr Windsor was willing to goe forward wth | the bargaine, if he might haue good assurance, Hee further saith that then Mr½Gerrard said to this deponent (vpon the deponents question, what their meaning | was to put in the xxty in the hundred mencõned in the decree) God forbidd | that
Daniel Hills
Nath Weston. verte [verso]
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that Mr Barker should pay the said xxtie in the hundred, and yt, and neuer was | our intencõn (meaning the Commissioners) hee should pay it : And did further say | to this deponent that yt was put in only to tye Mr Barker not to goe back | from the sale of the said farme of Vpton, and not for any other purpose.
To the Tenth Interrogatory he saith that Mr Gerrard did confesse in the deponents | presence & of Mr John Cage at Redding Terme, that Mr Norton had bene | with him the said Mr Gerrard and was willing to referre his cause | to him alone, being of his Counsell to determyne; and that the said Mr | Gerrard did move the said Mr Barker therein, who consented there= | -vnto And he saith that Mr Gerrard himselfe did therevpon drawe vp | a note for the submission of the cause to himelfe, and cause his man | to write yt out, and got Mr Barkers hand to yt; and promised that | Mr Norton should also sett his hand to yt; and affirmed that Mr | Norton had promised to doe the same. And he saith that Mr Gerrard | said he would assign a daie and place after the end of the Terme at his comming home to heare and determyne the cause, hee also | saith that Mr Gerrard did declare to this deponent that after their | end of the terme Mr Norton refused to performe the same. And he saith that nowe he this deponent is Mr Nortons Tenant and | heretofore was Mr Barkers.
Daniel Hills
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