Item 1, ff [1–17] (26 June) (Depositions on behalf of Edward Bowes)
Depositiones Capte
apud westmonasterium xxvjt die
Iunij &c
Regni domine Regine Elizabethe nunc &c
xxvjt ex parte
Edwardi Bowes armigeri
querentis versus
Iohannem
digges et Iohannem Gape defendentem/
Iohn Greane of the parishe of allhallowes in Bradstreatte in London Scryvener of the age of xxvij yeres or there aboughtes sworne and examined the day and yere aboue said deposithe and saiethe
To the ffirst Interrogatory this depounent saiethe he knowethe the saide Edward Bowes Iohn digges and Iohn gape and that he hathe known ‸⸢as he Remembrithe⸣ the said Edward Bowes abought iij yeres and the said Iohn digges and Iohn gappe abought iij yeres as he Remembrithe
To the ij iij iiij v vj vij viij ix xth xj xij xiij xiiij xvth xvj and xvijth Interrogatory this depounent Can say nothinge
To the xviijth
Interrogatory this depounent saiethe that the saide morgan pope at the tyme of
thinselinge of the said Lease by the said Iohn napton sayed these wordes or the lyke to
hym the said Iohn napton. viz. Iohn napton you may haue made dyr
a former Conveyaunce of your Interest of this before and so deceyue me
thereof. and then the said Iohn napton said if I haue so done I wold the ground
might open and that I might Sinck into it. for if I should so deale with
you Considering that you haue lent me money from tyme to tyme I should be to moche
to be blamyd Sweringe by great othes that he had not made any former Conveyaunce of
the same. All which this depounent saiethe he knowethe to be trew
for that he was then present at the thenselinge of the said Lease and there
did heare hym speke the said wordes. and more he Can not depose
Tothe xixth Interrogatory this depounent Can say nothinge/
(signed) Iohn Greene.|
Richard Dunckyn of the parishe of Whyttington Colledge in London Scryvener of the age of Liiijti yeres or there aboughtes sworn<.> and Examined the day and yere abouesaid deposithe and saiethe
To the ffirst Interrogatory this depounent saiethe he knowethe the saide Edward Bowes and the said Iohn digges and Iohn gappe and that he hathe known the said Edward Bowes ever since the suett began touchinge paris gardein and the said Iohn digges abought xxti yeres and the said Iohn gappe abought vj yeres.
To the second
Interrogatory this depounent saiethe that he knowethe that the
said Conveyaunce of the ground and the thinges now in Controuersie
made by the said Iohn napton grocer to the said digges and gappe were not
selid at and delyuerid at the tyme of the date thereof but
abought ffyve or sixe dayes after the date thereof. and that the same were made to
thintent to Convey the estatte of the said Iohn napton vnto the vse and behoufe of
the said Iohn digges and Iohn Gappe for and in Consideracion of a
thousand poundes as this depounent Remembrithe. But as touchinge
any speches vsid by the said william napton grocer or when as the said Conveyaunce
was first put to makinge this depounent saiethe he knowethe not of any. But
saiethe that one Siewall did send
for this depounent vnto one widdow ffulmers house and delyuerid there vnto this said
depounent a Cointe Counterpayn of an Indenture of the said
thinges in controuersie made vnto the said Iohn napton ffrom one
Mr wystowe and willid this said
depounent to make a Conveyaunce there of thereof ffrom the
said Iohn napton vnto the said Iohn digges and Iohn gappe with as
moche expedicion as this said depounent Could. and more to the said
Interrogatory this depounent saiethe he Can not depose./
To the third Interrogatory this depounent saiethe that he knowethe that the said Conveyaunce was delyuerid by the said Iohn napton as his act and deade to the handes of the said digges onlie to thuse | of hym the said digges and gappe abought ffyve or six dayes after the datte thereof. and saiethe that the said digges in this said deponentes presentes did accept of the same assueraunce and did agree therevnto. at the tyme of the delyuerie of the said deade./ and more touchinge the saide Interrogatory this depounent saiethe he Can not depose./
To iiijth Interrogatory this depounent Can say nothinge
To the vth Interrogatory this depounent saiethe that he the saide
Iohn napton had a true Counterpayn of the same Conveyaunce made by hym to the said
digges and Gappe and that the said Counterpayn was ‸⸢made⸣ selid and delyuerid at the tyme of the Ensealinge and
delyuerie of the said ‸⸢other Counterpayn of the⸣
Conveyaunce ‸ and not
afterwardes. and that the said Counterpayn was sealid and
delyuerid to the said Iohn napton when the other Counterpayn was sealid
‸⸢by even at that instant⸣ and more he Can not
depose./
To the vjth Interrogatory this depounent saiethe that the said
Conveyaunce of the said premisses nor any parte thereof to this
deponentes knowledge were not made nor
delyuerid vpon any trust or Confydence for the vse proffytt
Releff or benyfitt of the saide Iohn napton or of the said william napton
grocer or any of them or of any other Credytor or Creditors of the said Iohn napton
nor any other to this deponentes now Remembraunce./ and more he
Can not depose./
To the vijth Interrogatory this depounent saiethe that the said Iohn
digges did take possession of the tenementes
wherein the said Iohn napton dwellid in beinge parcell of the said bargayn.
and the same possession was after the makinge of the said Conveyance ‸⸢vnto the said digges⸣ But how longe after this
depounent saiethe he Referrithe hym selfe vnto the Endorsment of the
Indenture of Conveyance which was wrytten by this depounent and
the possession taken in this deponentes
presentes and others. and more to the saide
Interrogatory this depounent saiethe he Can not depose./ |
To the viij ix xth xj xij xiij xiiij xv xvj xvij xviij and xixth Interrogatory this depounent saiethe he Can say nothinge./
(signed) per me Ricardum Dunkyn
Symon Wrenche of the parishe of aldermarye in London Scryvener of the age of xlvij yeres or there aboughtes sworne and examinid the daye and yere abouesaid deposithe and saiethe
To the ffirst Interrogatory this depounent saiethe he knowethe the said Edward Bowes and Iohn digges but the said Iohn Gappe he saiethe he doethe not very well know. But the said Edward Bowes he saiethe he hathe known abought iiij or ffyue yeres and the said Iohn digges abought xiiij yeres or more
To the ij iij iiij v vj vij viij ix xth xj xij xiij xiiij xvth and xvjth Interrogatory this depounent saiethe he Can say nothinge
To the xvijthInterrogatory this depounent saiethe
that he verelie doethe thincke that the said Iohn napton had the possession of the
said house and grounde and premissis at the tyme of the enseling of the
said lease ‸⸢or graunt⸣ thereof by hym made to the said
morgan poope. And ‸⸢as he allso thinckethe⸣ did take the
profittes thereof. ffor this depounent saiethe he very
well Remembrithe that the said napton did delyuer the said leas or graunt
to the said morgan poope within the Beargardein parcell of the said
premissis in this deponentes presentes.
and Imediatlie after did goe into the said house and there vsid hym selfe as thoughe
he had bene spacers master aswell of the house as of the game and gardein
and sondry tymes afterwardes did Comaund and dispose of the game there as
he that had or ought to haue had possession of the same. and more to the said
Interrogatory he Can not depose./ |
To the xviijth Interrogatory this depounent saiethe
that the said Iohn napton at or abought the tyme of the enselinge of the said Lease
or graunt to the said morgan poope was demaundid and Chardged to in ‸⸢for⸣ Certein Respectes why he did not shew the
Originall lease and Conveyaunces whereby it was supposid he then did hold
and Inioye the said premissis. Wherevnto he then answerid in effect
folowing viz that the same were as then in the handes
of his Brother william napton and his partyner Sewell or one of
them. and that he was very lothe that ⸢his saide⸣
the same Brother should ‸⸢as yette⸣ vunderstond of
his barganynge with the said poope Concerninge the said premissis.
Wherevpon this said depounent as he now Remembrithe did tell the saide Iohn
napton ‸⸢in effect folowinge viz⸣ that it might be
therefore vehementlie suspectid that he the said Iohn napton had made some former
Conveyance of his Interest in the premissis where by the said poope might
be depryvid of that assueranc which he Expectid to haue and inioye by force of the said lease
or graunt then determynid to be sealid and delyuerid by hym the said Iohn
napton vnto the said morgan poope wherevnto the said Iohn napton Replied
with vehement protestacions Takinge god to Record said
‸⸢these wordes or the lyke viz that⸣ he
had not made any former Conveyaunce of his Interest in the saide premissis
and desierid of god to be damnyd bodie and sowle if he had done or
pretended any thinge to prevent or hynder the said poope touchinge
the premissis in any manner of wyse./
To the xixth Interrogatory this depounent saiethe
that to his now Remembraunce he this said depounent after thenselinge of
| the said Lease or graunt was in the Company of the said
morgan poope at the said Beare gardein but vpon what occasion he saiethe he doethe
not now Remembre and that at the same tyme this depounent havinge taken a
Boote ‸⸢at the stayres niere the said bear gardein⸣ to passe
over the Thames at he Remembrithe that the said ‸⸢Iohn⸣ napton Lokinge as then owt of a wyndow of the said house did hould
forthe a thinge foldid vp lyt lyke vnto a wryghtinge sealid in the
Shewinge whereof he vtterid Certeyn speches theffect whereof he saiethe he doethe
not now Remembre. and more to the said Interrogatory this
depounent saiethe he Can not depose
(signed) per me Simonem Wrenche|
Iohn Tight of the
parishe of St Stevens in
Wallbroke in London grocer of the age of <.> xliiij yeres or there aboughtes sworn and
Examinid the day and yere abouesaid deposithe and saiethe.
To the ffirst
Interrogatory this depounent saethe he s<..>e knowethe the said Edward Bowes Iohn
digges and Iohn gappe and that he hathe known the said Edward Bowes
abought xij or xiij yeres and the said Iohn diges abought xxti yeres and the said Iohn gappe abought ij or iij
yeres.
To the ij iij iiij v vj vij viiij ix xth xj xij xiij xiiij xv xvj xvij and xviijth Interrogatory this depounent saiethe he Can say nothing
To the xixth Interrogatory this depounent saiethe
that the saide morgan ‸⸢poope⸣ havinge past over his Interest
of the said Bear gardein vnto the said Edward Bowes. did make vnto this said
depounent a letter of attorney to delyuer vntothe said
Edward Bowes possession of the same. wherevpon this depounent and the said
Edward Bowes goinge thether together ‸⸢and this depounent
havinge gevn possession accordinglie⸣ he the said Iohn napton beinge in a
Chambre in the said house parcell of the said bear gardein Lokinge owt at
wyndowe of the said house saied these wordes or the lyke ‸⸢vnto the said Mr Bowes and the rest⸣ viz. Synce that
poope hathe thus delt with me I haue a thinge ‸⸢in a
corner heare⸣ that shall Cut his nose. And more to the saide
Interrogatory to his now Remembraunce he saiethe he Can not depose./ (signed) Iohn Tyghte|
William napton of the parishe of St Laurence in thold Iury in London grocer of the age of xxxviij yeres or there aboughtes sworne and Examinid the day and yere abouesaid deposithe and saiethe
To the ffirst Interrogatory this depounent saiethe he knowethe the said Edward Bowes Iohn digges and Iohn gape and that he hathe known the said Edward Bowes abought vj or vij yeres and the said digges and gape abought xxti yeres
To the second
Interrogatory this depounent saiethe that he knowethe not
Certeynlie whether that the said Conveyaunce of the saide ground and
thinges now in Controuersie made by the said Iohn napton grocer
to the said digges and Gape were was sealid and
delyuerid at the tyme of the datte thereof. But saiethe that he knowethe of
his own knowledge that the same Conveyaunce was sealid and delyuerid
abought ffyve or syx dayes after the wr Date thereof at the vttermost.
which he saiethe he knowethe to be truw for that he was present
at thensealing and delyuerie thereof. and this depounent saiethe
that the same Conveyaunce was made to ‸⸢this
Consideracion⸣
th Intent and purpose folowinge viz for the assueraunce and
payment of suche somes of money ‸⸢as before that⸣
as the ‸⸢tyme they the⸣ said digges and
gape then had disbursed for the said Iohn napton. and for as
allsoe for suche somes of money as this depounent had disbursed and ‸⸢yet doe⸣ stond bound with the said Iohn gappe to pay
for the said Iohn napton. and as touchinge the said speche which this said
depounent should vse when as the said Conveyance was ffirst put to
makinge this depounent saiethe to his now Remembraunce he did not say any
thinge but willid the Scryvener to haue Care in makinge the said
wrightinges and to make them with suche Expedicion as he Coulde
for that the said Iohn gappe at the ernest Request of one Iohn morgan
poppe who was a great traviler with the said gappe
and this depounent to Lay forthe one C li. to one Edward wystowe as allso to enter into Band vnto the said Edward wystowe for the payment of CC li. more for the said Leas of paris gardein and the game there. did ernestlie Requyre this said depounent and one Thomas Sewall to see expidacion vsid for the dispatchinge of the said Conveyaunce to be made vnto hym and the said digges because he had ‸⸢not any⸣ great ffansye to trust the said Iohn napton with the said assueraunce and more he can not depose
To the third
Interrogatory this depounent saiethe that to his now remembranc
the said Conveyaunce was delyuerid by the said Iohn napton as his act and
deade vnto the Scryveners handes to the vse of the said digges and
gape. But whether the said digges was there then present or noe
this depounent saiethe he doothe not Certeynlie Remembre. nor the Certeyn
day of the delyuerie thereof. But saiethe that after thenselinge thereof he
knoweth that the said digges and gape did accept of the same
assueran assueraunce and did agre therevnto. And that the saide
digges had notyce presentlie of thenselinge and
delyuerie thereof and the saide gape abought vj or vij dayes after had the
Lyke notyce. and more he Can not depose
To the iiijth Interrogatory this depounent saiethe that he is assuerid and doethe know of his own knowledge that the said Iohn napton had not the said Conveyaunce in his own handes and Custodie after the date of one Indenture of lease beringe date the xxiijth daye of decembre 1579 and in the xxijth yere of the Quennes majesties Raigne that now is made by the said Iohn napton to the said morgan pope goldsmythe. and more he Can not depose/
To the vth Interrogatory this depounent saiethe that he knowethe that the said Iohn napton had a true Counterpayn of the saide Conveyaunce made by hym to the said digges and gappe. and to this deponentes Remembraunce the same Counterpayn was | selid and delyuerid verie shortlie after thenselinge of the said Conveyaunce made by hym to the said digges and gape. but the Certeyn day or tyme when the same was sealid and delyuerid this depounent saiethe he now doethe not perfytlie Remembre. and more he Can not depose
To the vjth Interrogatory this depounent saiethe that the said
Conveyance and assueraunce of the said premissis was not made vnto the said
digges and gape vpon trust and Confidence for the vse Comoditie
profitt Releffe benyffytt or advantadge of the said Iohn napton or of
this said depounent. But saiethe that the said Conveyaunce was made to this
Intent and purpose folowing viz. ffirst for the payment of suche
debtes and somes of money as the said digs gape and this said
depounent had paid and did ‸⸢doe⸣ stond
bound at this Instant to pay for the said Iohn napton accordinge vnto the
agrement prescribid and sett down in the said Conveyaunce wherevnto for
ffurther answer this depounent saiethe he Referrithe hym selfe./
which if that the said Iohn napton had performid. then it was
agread that he the said Iohn napton should haue had all thother benefytt or
advantadge of that should haue Rysen owt of the thinges now in
question for his mayntenance his famylie and the ffyndinge of the game. and more he
Can not depose
To the vijth Interrogatory this depounent saiethe that he knowethe that the said digges did in this depounentes presentes and one duntkyn a Scryvener and one (blank) Burton a draper take possession of the said thinges Conteynid in the said Conveyance and that to his now Remembraunce he the said diges did take possession of all the said premissis. and saiethe that the said possession was taken after the delyuerie of the said Indenture as may appeare vpon the Indorcement of the same. and he saiethe that in the meane tyme the said Iohn Napton did Inioye and
occupie the same. and saiethe that the said possession was taken by
Reson ‸⸢occasion⸣ that the said Iohn napton did
never pay vnto the said digges and gape or any of them but vij li. for the
proffittes of the said gardein as they did tell vnto this said
deponent./ But ‸⸢why⸣
whether that they did ‸⸢not⸣ take possession
thereof Imediatlie after the enselinge and delyuerie of the said
Conveyaunce this depounent saiethe he knowethe not. and more he Can not
depose
To the viijth Interrogatory this depounent saiethe that the said Iohn napton to this deponentes knowledge was Indebtid vnto the said Iohn digges and gape as doethe appere by an account made Betwene them in the some of iiij hundred poundes at the lest at and before thenselinge of the said Conveyaunce. and more he Can not depose
To the ixth Interrogatory this depounent saiethe that the said digges and gape did at or abought the tyme of ‸⸢the datte of⸣ the said Conveyaunce vndertake to paye vnto the said depounent for the debt of the said Iohn Napton all suche somes of money as the said Iohn napton did Owe vnto this said depounent beinge more then the some of CCCCC li. and more he Can not depose
To the xth Interrogatory this depounent saiethe that the said digges and gape did not enter into Band to this depounent for the payment of the said CCCCC li. but did promyse this said depounent to pay the same debt of CCCCC li. or aboue. And saiethe that they did so become Chardgeable vnto this said depounent at or abought the tyme of the datte of the said Indenture and more he Can not depose
To the xjth Interrogatory this depounent saiethe that the saide digges and gappe did vndertake to paye to this said depounent the said Some of money before the ensealinge of the saide Indenture. and more he Can not depose/
To the xijth Interrogatory this depounent saiethe that the said digges and | Gape did vndertake to pay to this said depounent the said somes of money absoluetlie Bona fide and withowt any ffraude or Collusion or other secrett Intent or purpose in this manner viz that as they Could Receyue the said CCCCC li. and vpwardes at the handes of the said Iohn napton accordinge vnto the order and agrement sett down in the Indenture made by the said Iohn napton to the said digges and gappe that then they the said digges and gape should and wold make payment thereof vnto this said depounent accordinglie. and more he Can not depose/
To the xiijth Interrogatory this depounent saiethe
that the said Iohn gape did lend and pay for the said Iohn napton bona ffide and at
this instant stondithe bound for the said Iohn napton in the whole to the some of
CCL li. at the lest. before the and at the enselinge of the said
Conveyaunce. and at this instant stondithe bound for the payment of Cx li.
thereof. and he saiethe that no parte thereof was vnpaid all the
said CCL li. due by hym the said Iohn napton vnto the said gape was vnpaid at the
tyme of thenselinge of the said Conveyaunce. all which this
depounent saiethe he knowethe to be true of his own knowledg and more he
can not depose.
To the xiiijth Interrogatory this depounent saiethe
‸⸢that he knowethe⸣ that the said digges had lent
and disbursed to the said Iohn napton and to the vse of the said Iohn napton bona
fide before the enselinge of the said Conveyaunce the some of CC li. at
the the lest. and that all the said CC li. was vnpaid to the said
dygges at the Tyme of thenselinge of the said Conveyaunce. and this
depounent saiethe he knowethe not of any other assueraunce that the said
digges and gape or any of them had from the said Iohn napton for the
payment thereof or any parcell thereof before the makinge of the
said Conveyaunce. and more he can not depose touchinge the said
Interrogatory.
To the xvth Interrogatory this depounent saiethe that he knowethe
not that the said digges and gape or any of them did become bound or
Chardged to paye to the said Iohn napton or any other for his. vse debt
or to his vse any some or somes of money after the makinge sealinge and
delyuerie of the said Conveyance and more he Can not depose./
To the xvjth Interrogatory this depounent saiethe
that he hathe hard the said digges and gape saye that they had not Receyuid
of the said Iohn napton as in parte of payment of all there money
but onlie mencionid in the said Conveyaunce but onelie iiij li. for the
ffirst weakes payment and iij li. at another tyme and more he Can not
depose/
To the xvij xviij and xixth Interrogatory this depounent Can say nothinge./
(signed) per me william napton |
Mr waldegrave I remember the Lease made by Napton to Pope was sealed in my Shoppe in bredstret. I praye amende my deposicon touching thatt point wherin you shall not nede to speak of the place. where it was sealed/ & then all the rest of my deposicions are well enoughe
(signed) yours Symon Wrench |
Thomas Sewall of the parishe of St Lawrence in the old Iury in London grocer of the age of xlij yeres or there aboughtes sworn and examid the day and yere abouesaid deposithe and saiethe
To the ffirst Interrogatory this depounent saiethe he knowethe the said Edward Bowes Iohn digges and Iohn gape. and that he hathe known the said Edward Bowes abought iiij or v yeres and the said digges and gape abought ix or ten yeres.
To the second
Interrogatory this depounent saiethe that he knowethe not ‸⸢whether⸣ that the said Conveyaunce of the ground and
thinges now in the Controuersie made by the said Iohn napton
grocer to the said digges and gape was sealid and delyuerid at the
tyme of the date thereof or what other tyme but saiethe that he knowethe of his own
knowledge that the same was sealid and delyuerid and that as
this depounent hathe saiethe that the said conveyanc was made to
this Intente and purpose viz that the saide digges and gape should
Receyue Certeyn money Conteynid in the said Indentures of the said Iohn napton by
iiij li. a weeke in Consideracion that before that tyme that they the said
digges and gape did disburse for the said Iohn napton dyvers and sondrye
somes of moneye. and this depounent saiethe that he this depounent
was put in truste by the said gape to put the said wrightinges to makinge
and therefore willid the said scryvener to make some hast touchinge the
makinge thereof. for that this said depounent had then newly brought the
said Conveyance ffrom ‸⸢the said Iohn napton beinge
delyuerid vnto the said Iohn napton by one⸣ mr wystow
which mr wistow had not longe before that tyme selid and delyuerid
the said Conveyaunce vnto the said Iohn napton. and the said Iohn napton
delyuerid vnto this said depounent the said Conveyaunce to Cary
vnto the scryvener to make an assigment thereof vnto the said
digges and gape. and the Cause why he willid the said scryvener
to make hast | touchinge the said Conveyaunce was for that he this said
depounent was put in trust therevnto by the said gape who as then was not
there present./ and more to the said Interrogatory this
depounent saiethe he Can not depose/
To the third Interrogatory this depounent saiethe that he knowethe not Certeynlie whether that the said Conveyaunce was delyuerid by the said Iohn napton as his art and deade to thandes of the said digges or gape. But saiethe he knowethe certeinlie that the same Conveyaunce was sealid and delyuerid ‸⸢to the vse of the said digges and gape⸣ but vnto whome ‸⸢or when⸣ Certeinlie this depounent saiethe he doethe not Remembre But saiethe that he knowethe that the said digges and gape did accept of the said assueraunce and did agre therevnto after the delyuerie thereof. and this depounent saiethe to his now Remembraunce the said digges had notyce thereof presentlie and the said ‸⸢Iohn Gape⸣ abought xiiij dayes after the makinge of the said Conveyaunce. and more he saiethe he can not depose/
To the iiijth Interrogatory this depounent saiethe
that he knowethe that the said Iohn napton had not the said Conveyaunce in his own
handes and Custodie after the date of an Indenture of leas Beringe date
the xxiij day of decembre 1579⸢9⸣
and in the xxijth yere of hir
Maiesties Raigne that now is made by the said Iohn napton to the said
morgan pope goldsmythe. for this depounent saiethe that he knowethe that
the said digges had the Custodie of the said Conveyaunce ever synce that
the said Iohn napton did Convey the same vnto the said digges and gape. and
that to this depounentes Remembraunce he this depounent
had the saide Conveyaunce ffrom the said ‸⸢Iohn⸣ napton
even the very selfe same day that the said wistowe had sealid
vnto the same vnto the said Iohn napton. and more this
depounent Can not depose./
To the vth Interrogatory this depounent saiethe that he knowethe that | the said Iohn napton had a true Counterpayne of the saide Conveyaunce made by hym to the said digges and gappe but whether that the said Counterpayn was made sealid and delyuerid to the said Iohn napton at the tyme of thenselinge and delyuerie of the said Conveyaunce this depounent doethe not now perfytlie Remembre. and more he Can not depose/
To the vjth Interrogatory this depounent saiethe that the said
conveyanc was made and delyuerid (Bona fide) to this Intent viz
that if the said Iohn napton did Content and pay the said
digges and gape iiij li. weaklie vntill the somes specified in the saide
Conveyaunce were Contentid and paid that then the benyfitt of the said In
game and gardein mencionid in the saide Indenture should be to thonelie vse of the
said Iohn napton and for default of payment of the said iiij li. weaklie
the said digges and gape were to enter at all tymes ‸⸢in
and vnto the said gardein and game⸣ as in the said Conveyaunce is mencionid
vnto which this depounent Referrithe hym selfe/ and more he Can
not depose/
To the vijth Interrogatory this depounent Can say nothinge to his now Remembraunce/
To the viijth Interrogatory this depounent saiethe that he knowethe of his own knowledge that the said Iohn napton was Indebtid to the said diges and gape in the some of iijCli. before the enselinge of the said Conveyaunce. and that he hathe hard the said diges and gape and one william napton saye that they amongst them had disbursid ffyue hondred and od powndes more ‸⸢for the said Iohn napton⸣ and that the said assueraunce was a securytie for all. and more to the said Interrogatory this depounent saiethe he Can not depose./
To the ix xth xj xij xiij xiiij xv and xvjth Interrogatory this deponent saieth he Can say nothinge more then he hathe all Reddy deposid
To the xvij xviij ad xixth Interrogatory this depounent Can say nothing (signed) Thomas Sewall
Record title: Court of Requests: Edward Bowes v. John Digges and John
Gape
Repository:
TNA
Shelfmark: REQ 2/177/35
Repository location: Kew
In this case of 1584, Edward Bowes launched a countersuit against John Digges and John Gape in the court of Requests regarding who was the rightful lessee of the Bear Garden on the Barge, Bell and Cock property. Edward Wistowe, after leasing the property from William Payne in 1572–3, had in 1578 assigned it to grocer John Napton. Napton, in serious financial difficulties, in March 1578-9 assigned it to his creditors Digges and Gape, and then in December 1579 to another creditor, the goldsmith Morgan Pope. Pope and Edward Bowes (a brother of Ralph Bowes, then Master of Bears) and William Glover began games there. Digges and Gape then brought suits against Bowes and Glover, possibly initially in the Southwark Assizes and in the King's Bench. From there the case was taken to the court of Requests. It seems the court's decision was in favour of Pope and Bowes, or there was a settlement, as between 1585–90 Pope retained control of the Bear Garden.
See also Letter from Sir Francis Walsingham to the Lords of the Privy Council, and Court of Requests: Order in the case of Bowes v. Digges and Gape.
Not much is known of Digges and Gape. John Digges seems likely to have been the illegitimate son of Edmund Tilney (1536–1610), master of the Revels, 1579–1610. He was a merchant taylor and an employee of the Revels Office from 1579 until 1585, though somewhat dodgy in character; see further William Streitberger, The Masters of the Revels and Elizabeth I's Court Theatre (Oxford, 2016), 148–9.
1584; English and Latin; 8 items;
unnumbered; tied with string at the top left corner:
Item 1: 26
June 1584; paper; 17 leaves, written on one side only; approximately
345mm x 265mm, except for f [14] a torn fragment 272mm x 185mm;
unnumbered; some fraying to edges; no decoration; no endorsement.
Depositions on behalf of Edward Bowes, each leaf signed at the foot by
the deponent in question or on his behalf.
Item 2: undated;
parchment; single membrane, written one side only; 575mm x 575mm; good
condition; no endorsement. Interrogatories on behalf of Edward Bowes.
Item 3: 22 June 1584; paper; 345mm x 255m; 8 leaves; written on
one side only; unnumbered; good condition; no decoration; paper tie in
top left corner. Depositions on behalf of John Digges and John Gape,
each leaf signed by deponent or on his behalf.
Item 4: undated;
parchment; single membrane; 400mm x 285mm; hole (40mm x 50mm) at the
foot but no loss of text; no decoration; no endorsement. Interrogatories
on the behalf of John Digges and John Gape.
Item 5: 20 June 1584;
parchment; single membrane; 128mm x 435mm; good condition; no
decoration; no endorsement. Rejoinder of John Digges and John Gape.
Item 6: 6 May 1584; vellum; single membrane; 330mm x 450mm; good
condition; no decoration; no endorsement. Replication of Edward Bowes.
Item 7: 11 February 1583/4; vellum; single membrane; 340mm x 485mm
(text area: 250mm x 455mm); no decoration; good condition; no
endorsement. Answer of John Digges and John Gape.
Item 8: 30
January 1583/4; parchment; single membrane; 360mm x 600mm; no
decoration; generally good condition, 2 small holes but no loss of text;
endorsed: 'Edwardus Bowes Esq versus Iohannem
Gape et | Iohannem Digges defendentes,' left
hand side: 'xxxo die Ianuarij Anno |
Regni Regine Elizabethe Etc xxvito | fuit Breve de Privato
Sigillo directum parti
defendentis ad | comparendum
Immediate sub pena C li. Etc | Vocetur
per municionem,' followed by signatures,
'Thomas Se<..>on' and the
second illegible. Bill of Complaint.