Court of Requests: Edward Bowes v. John Digges and John Gape

Item 3, ff [1–8] (22 June) (Depositions on behalf of John Digges and John Gape)

Depositiones Capte apud Westmonasterium xxij^do die Iunij anno Regni domine Regine Elizabethe nunc &c xxvj^ti ex parte Iohannis Digges et Iohannis Gape deffendantes versus Edwardum Bowes Querentem/

Richard Dunkyn of the parishe of whyttington Colledge in London Scryvener of the age of Liiij yeres or there aboughtes sworne and examined the day and yere abouesaid deposithe and saiethe

To the ffirst Interrogatory this depounent saiethe he knowethe the said Edward Bowes esquyre Iohn digges Iohn Gape William Glouer Iohn napton and morgan pope

To the second Interrogatory this depounent saiethe that this depounentes servaunt did wright one Indenture of assigment made ffrom the said Iohn Napton vnto the said Iohn digges and Iohn Gape beringe date the xxiiij^th of marche in the xxj^th of hir maiesties Raigne that now is Whereby the said Iohn napton did sett over all his Interest in Certeyn tenementes and Beares houses and bull howses and yardes which is now Callid paris gardien/ And that one of the Counterpayns of the said Indenture was selid and delyuerid by the said John napton in this depounent es presentes bona ffide ‸⸢ as farr as this deponant doth knowe⸣ . But the Certeyn tyme of thenselinge of the said Indentures this depounent Remembrithe not but saiethe he is suer that the said Indentures weare sealid abought ffyve or vj dayes after the making thereof./ and more touchinge the said Interrogatory this depounent saiethe he Can not depose/

To the iij iiij v vj vij viij ix x^th xj and xij^th Interrogatory this depounent Can say nothinge more then he hathe all Reddie deposed./

per me (signed) Ricardum Dunkyn

Iohn Whytt of St Mary Overes in t<.> Southwerk yeoman of the age of Lj yeres or there aboughtes sworne and Examined the daye and yere aboue said deposithe and saiethe
To the ffirst Interrogatory this deponent saiethe that he knowethe the said Edward Bowes esquyre Iohn diges and the said william Glouer and the said Iohn Naptone and william But the said Iohn Gape and morgan pope he saiethe he knowethe not./

To the ij iij iiij v and vj^th Interrogatory this depounent Can say nothinge

To the vij^th Interrogatory this depounent saiethe that the said Iohn digges hathe paid the Rent vnto this said depounent for these iij yeres for the said beare gardein and other the premissis now in question betwene the said Bowes digges and gape and that the Rent of the Beare gardein is vj li. a yere and the tenement that Iohn napton dwellithe in fortie shillinges a yere. for this depounent saiethe that he is owner thereof.

To the viiij ix x^th xj and xij^th Interrogatory this depounent Can say nothing |

(signed) Iohn whyt

Thomas Sewall of the parishe of St Lawrence in the old Iury in London grocer of the age of xlij yeres or there aboughtes sworne and examined the day and examined the day and yere abouesaid deposithe and saieth

To the ffirst Interrogatory this deponent saiethe he knowethe the saide Edward Bowes esquyere Iohn digges Iohn Gape william glouer Iohn napton and the said morgan pope

To the second Interrogatory this depounent saiethe that to his nowe Remembraunce he was present at thenselinge and delyuerie of one Indenture of assignment made from the said Iohn napton vnto the said Iohn digges and Iohn gape beringe date the xxiiij^th of Marche in the xxj^th yere of the Raigne of her Maiestie that now is whereby the said Iohn napton did assigne vnto the saide Iohn digges and Iohn Gape all his Right tytell and Interest into Certeyn tenementes Beare houses and Bull houses which now is Callid paris gardein and mencionid in the said Indenture: But when the same was selid this depounent saiethe he Certeinlie knowethe not. But saiethe that he knowethe that the same was selid and delyuerid Bona ffide. And ffurther saiethe that this said depounent by the means and procurement of the said Iohn napton Iohn gape and Iohn digges did putt forthe the said Indentures of assigment to be made by one dunckyn a Scryvener.

To the third Interrogatory this depounent saiethe that he this saide depounent was present when as the said digges and Gape did pay for the said Iohn napton for the debt of the said Iohn napton vnto one Edward wystow of which said wystow the said Iohn napton had before that tyme bought the lesse and the game in the afforesaid gardein the some of .C. li. and to this depounent es now Remembraunce there was bandes geuen vnto the | said wystow of CC li. more for the said Iohn napton/ And this depounent saiethe that he hathe hard the said diges and gape ‸⸢and one william napton⸣ Confesse that they had disbursid and layd owt vnto the said Iohn napton and to his vse for the said assigment the some of CCCCC li. and more./ and to this depounent es knowledge there was no Corrupt Chevysaunce or excessiue vsury or any vsury at all in the said matter./

To the iiij^th Interrogatory this depounent saiethe that to his now Remembranc he did not see the said Edward Bowes in Londone synce the suete by the said digges and gape was Comensid in the kinges Benche

To the v^th Interrogatory this depounent saiethe that he hathe hard that the said william glouer hathe Bene Imploied in the said Beare gardein Comonlie Callid paris gardein as a seruant of the said Edward Bowes. and saiethe that he hathe senne hym the said william glouer in the saide gardein./

To the vjth^th Interrogatory this depounent saiethe he Can say nothinge to his now Remembraunce.

To the vij^th Interrogatory this depounent saiethe that one whytte beinge the owner of the said tenementes and Bear gardeins did tell this said depounent that the said digges did for these iij yeres ‸⸢past⸣ pay vnto hym the Rent for the said Beare gardein and other the said premisses now in question

To the viij^th ‸⸢and ix^th⸣ Interrogatory this depounent Can say nothinge

To the tenthe Interrogatory this depounent saiethe that he hathe hard the said pope hathe bene a sutor and procuerid means for a Composition in the Cause in question. And that he did offer money for the same Composition of his own accord/

To the xj^th Interrogatory this depounent saiethe that at the said tryall in Southwerk against the said glouer there were more witnesses then the said Iohn naptons wyffe and his brother ffor this depounent | saiethe that he this said depounent was there as a witnes and was sworn and did gyve in evidence. and there was allso to be sworne the wyffe of Edward wystowe and others.

To the xij^th Interrogatory this depounent saiethe that he beinge in presentes vpon the tuesday after the Last term with one Cudworthe the said Cudworthe did shew vnto this said depounent a notte of euerie weakes gayn of the said bear house and gardein begyninge at the xij^th day of Aprill last past as he now Remembrithe vnto the said tuesdaye. and by that it did appere that there was Rceyuid by the said Cudworthe for the Benyfitt of the said gardein the some of Lx li. or more. And more to the said Interrogatory this depounent saiethe he Can not depose./ (signed) Thomas Sewall |

William napton of the parishe of St Lawrence in the old Iurie in London grocer of the age of xxxviij yeres or there aboughtes sworne and examined the day and yere abouesaid deposithe and saiethe

To the ffirst Interrogatory this depounent saiethe he knowethe the saide Edward Bowes Esquyre Iohn digges Iohn gape william glouer Iohn napton and the said morgan pope

To the second Interrogatory this depounent saiethe that he knowethe that the said Iohn napton did bargayn sell and delyuer as his deade and assigment made by ‸⸢hym⸣ the said Iohn napton of all his Interest of all his Interest and Right aswell into Certein tenementes Beare houses and Bull houses now Comonlie Callid paris gardein as allso with all the game of Bears and bulls doges and all other the games there. which was made and done by one Indenture beringe date the xxiiij^ti day of marche in the xxj^th yere of the Raigne of the Quennes maiestie that now is vnto the said Iohn dygges and Iohn gape. and that the same deade was selid and delyuerid in this depounent es presentes. but vpon what day Certeinlie this depounent saiethe he Remembrithe not. But saiethe that the same Indenture was sealid and delyuerd Bona ffide

To the third Interrogatory this depounent saiethe that the said diges and gape disbursid to one Edward wystowe for the saide Iohn napton of which said wystowe the said Iohn napton did Buy the Lease of the said ground and ‸ game houses and allso bought the said game. the some of C li. and ‸⸢this said⸣ entered ‸ ⸢depounent and Iohn gape did enter⸣ into Bandes to the said Edward wistowe for the payment of CC li. more at Certeyn dayes. and allso that the said Iohn napton beinge Indebted vnto this said depounent in the some of CCCCC li. at the lest and to the said Iohn gape and Iohn digges in dyvers other great somes which before that tyme they had lent and paid for the debt of the said Iohn napton this depounent did assu appoint over his said debt of ffyve hondred poundes vnto | the said Iohn Gape and Iohn digges takinge there promyse for the payment thereof as they should Receyue the some of the said Iohn Naptone/ all which said somes beinge agread vpon which were paide by the said digges and gape for the said Iohn napton together with this said depounentes CCCCC li. did amount vnto xj^Cx li. which was agread to be paid by the said Iohn napton owt of the profittes that should aryse owt of ‸⸢the proff⸣ the said Beare gardines by iiij li. wekelie vntill that the said some of xj hondred and ten poundes were paide. withowt any Interest vsury or Corrupt delynge for the same./ and more he Can not depose

To the iiij^th Interrogatory this depounent saiethe that to his knowledg he hathe not sene the said Edward Bowes in London synce the said suete by the said digges and gape was Comensid in the kynges Benche

To the v^thInterrogatory this depounent saiethe that the said william glouer hathe bene Imploide in the said Beare gardein Callid paris gardein as this depounent hathe hard as the Reputed servant of the said Edward Bowes.

To the vj^th this depounent saiethe to his now Remebran he Can say nothing./

To the vij^th Interrogatory this depounent saiethe that the said Iohn digges hathe paid the Rent for these iij yeres. for the said beare gardein and other the said premisses now in question betwene the said Bowes diges and gape. and that the Rent of the said premisses is viij li. a yere./

To the viij and ix^th Interrogatory this depounent Can say nothinge to his now Remembraunce./

To the x^th Interrogatory this depounent saiethe that he knowethe that the said pope hathe often tymes bene a sutor for a composition in the said Cause in question. and that he did offer money of his Own accord to haue a Composition./

To the xj^th Interrogatory this depounent saiethe that there were witnessis at the said Tryall in Southwerk against the said glouer | besides this said depounent es and the said Iohn naptons wyffe one Richard dunkyn scryuener and Thomas sewall grocer which were there then deposid besides iij or iiij other which were there Reddie to haue bene deposid if that they had bene Callid. viz there was the wyffe of Edward wistow decessid Iohn whytt and one dorell

To the xij^th Interrogatory this depounent saiethe to his knowledge the said mr Bowes or his assignes hathe haue taken the whole benifitt of the said gardein and game synce his entraunce but to what valew he saiethe he knowethe not. But saiethe that the said game viz bears bulls apes Lyon and doges were worthe as this depounent hathe hard more then CC li. / and more he Can not depose./

(signed) William Napton