LR39 - National Archive - Town Depositions of the Court of Chancery - C 24/357, fols. 1-6

Jonson 's deposition in the chancery suit William Roe versus Walter Garland , 5 May 1610 . The document is bundled with several other chancery suits from Easter Term 1610. It comprises the interrogatories on pp. 1-2; p. 3 is Paul Bowcher 's deposition; p. 4 is blank; pp. 5 and 7 contain Cheney Rowe 's deposition, with pp. 6 and 8 blank; p. 9 contains Jonson 's deposition; p. 10 is blank; p. 11 contains Anne Argall 's deposition; and p. 12 is blank. Jonson 's statement mentions Sir Robert Tyrrell (d. 1648, warden of the fleet).  
Eugene Giddens

[fol. 1]
Beinamine Iohnson Iuratus 5 ^o Maij 1610
Domina Ann a Argall iuratus 8 Maij 1610 Mat. Carew
Cheigny Rowe iuratus 2^o October 1610
Paul B [ <ur> ] cher iuratus 19 November 1610 Mat. Carew
Mat. Carew

Interrogatories to be ministred to witnesses to be examined on the parte and behaulfe of William Rowe gentleman Complaintant against Walter Garland defendant

1 Imprimis doe yow knowe the parties plainant and defendant and howe longe have yow knowne them or either of them.


[fol. 1v]
12 Item what wordes or meanes have yow hard or knowne the said defendant vse to entice or perswade the Complainant to make sale of the said messuage and premisss and did not the said Garland amongst the rest of his allurementes or perswations speake theise or the like wordes videlicet that he had knowne divers Noblemen and gentlemen That had att their full age performed all such promisses as theie had made during their nonage vnto their Tenantes and servantes and paid all such debtes and sommes ofmonney as theie had borrowed beinge vnder age and that that was a great honour vnto them. And that he hoped the Complainant was of no base minde but was of as noble a disposition as anie of the said lordes .

13 Item what somme or sommes of monney or other Consideracion did the said Garland offer vnto yow to procure a bargaine and sale to him from the Complainant of the said messuage and twentie acres of Freehould Land and did he not earnestlie desire to effect his purpose therein And to that end envited yow and the Complainant to his howse in Walthamstowe where he still Continewed to sollicite the Complainant to make sale of the same Howse and the said Land therevnto belonginge, and yow to be a meanes to perswade him thervnto, and of what age was the Complainant when the defendant vsed those perswations, and of what age was the Complainant when the writinges Conteyning the Conveyance weare sealed by him

14 Item did the said Garland in your heareing before the said bargaine Concluded betweene the Complainant and defendant alledge that some parte of the Land would be fownd to be Coppiehould Land. And ʌ ⎡did⎤ he not therevpo [ <n> ] desire that he might have it for that price which he then offered saying further that yf he had it be must be forced to defend the title thereof at his owne charge, and would be Contented soe to doe.

15. Item was there not some question or doubt made by the Complainant before the said bargaine was Concluded whether he had twentie acres of Freehould Land in Walthamstowe yea or noe And did not the said defendant therevpon answere that he would at his perill finde out twentie acres of Freehould Landes or to that effect declare the truth herein as yow hard or now remember.

16 Item weare Yow present at the makeing vpp and concludinge of the bargaine and agrement betwixt the Complainant and defendant for the said Messuage Landes and premisss vpon what Consideracions was the same Concluded did the defendant at that time or at anie other time in your hearinge promise vnto the Complainant two lodging Chambers in the said messuage for him and his man and grasse haie and provender for two geldinges nagges or horses every Yeare for and during the naturall Life of the Complainant yea or noe And was not that parte of the Consideracion wherevpon the said bargaine was Concluded and a motive to the Complainant to make sale thereof


[fol. 5]
[The deposition of Jonson begins here.]

8 die Maij. 1610 .
Anno 8, Iacobus Regis.
[Trans.: eighth year of King James] par Rowe querens

Beniamin Johnson of the Precinct of the black Freers London gent. aged 37. yeers or theraboutes sworne &c. by direction vpon the 1. 12. 13. 14. 15. & 16th Interrogatories.
1. That he doth know the plainant & defendant in this Suyte, and hath knowne William Row gent. named for the complainant about 5. yeares, and Walter Garland named for the defendant, about 4. yeares.
12. That he hath knowne the defendant vse many wordes & meanes to entisce, & perswade ye Complainant to make Sale of the messuage & Landes in this Interrogatory intented. And this deponent further saith, That amongest other the Alurementes of the defendant, hee hath heard him tell the Complainant That he the said defendant, had knowne diuerse Noble men & Gentlemen, which had at their full age performed all such pro mises, As they had made in their Nonage, vnto their Tenantes & Servauntes and paid all such debtes & Summes of money, as they had borrowed in their Minority, And that It was great honour vnto them so to doe, And that he hoped the Complainant was not of any base mynde, but of as Noble a disposacien as any Lord, or gentleman of them all, Or wordes to that Effect. And moreover this deponent saith That the defendant, the rather to make good his said Speeches did at one tyme, in the hearing of this deponent instance in particular Sir Robert Tirrell of the Fleet (whom he called Mr) whose Bounty (as the defendant alledged) towardes him, was exceeding much in that kynde, the which the defendant, as this deponent is verely perswaded, did so highly extoll, to th'ende to move the plainant by such sermised Example, to be bountifull vnto him./
13 That the defendant, did at one tyme offer to giue this deponent Money And at another ʌ ⎡tyme⎤ at his owne ʌ ⎡hawse⎤ in Waltham Stowe in Essex he [ <offer> ] d to bestow a Nag ʌ ⎡of xli price⎤ on this deponent to procure t [ <he> ] Complainant to sell vnto him the messuage & Landes in question: Howbeit this deponent saith That he did absolutely refuse the defendantes said Offers, As also to be any Instruement in the Busines, Otherwise then to perswade the Complainant to be good vnto the defendant, Not onely in respect of the debt which the defendant pretended the plainant owed him, But also in regard of many kyndnesss, which the defendant pretended, he had done vnto the plainant And yf it were so that the defendant would bona fide giue as much for the said howse & Landes as another would, then to lett him haue them, before another. And this deponent also saith That the defendant was exceeding earnest with him to perswade the plainant vnto the said Bargaine, and to that purpose did many tymes move this deponent thervnto, And the sooner to effect his desire in that behalf did invite the Complainant & this deponent, home to his howse at Waltham Stow aforesaid, The complainant then being a [ <s> ] this deponent thinketh neare vpon his full age.
14 Hee well remembreth That the defendant did once, or twisce, in private tell this deponent, he dowbted That some parte of the Landes in question, would fall out to be coppihold Lande, and therfore said That the price which he offred for the premisses was Enowgh, By reason that he might (per adventure) bee trowbled to defend the title therof, Or to that effect, And more to this Interrogatory he cannott depose.
15 He doth remember ʌ ⎡That at one tyme, before ye Bargaine was concluded on, as he taketh yt,⎤ there was some question made by the Complainant Whether he had 20. acres of freehold Land in Waltham Stow or Not: Whervnto the defendant made Answere to this, or Like effect, videlicet, Lett me alone to fynde yow xxty Acres.
16 Hee was not presente at the making vp of the Bargaine & Agreement aforesaid: For he saith he was ever against yt, vtterly refusing to be any Witnes thervnto, being a matter which he never desired should come to passe, And therfore he saith he often perswaded the Complainant Not to doe any thing without good Advice: For that this deponent as he told the plainant did perceiue the defendant to be a craftie fellow, & indirect in his practizes. But he saith he hath heard the defendant say That the plainant should be welcome to him, so longe as he had any thing to do in ye howse, both for horsemeat & Mansmeat. But whether that was < . . > any parte, or any consideracion of the Bargaine this deponent saith he doth not know Nor more &c.

Capt. coram Nicholas Robertes in absencia Mathew Nicholson

Ben: Ionson. [The handwriting changes here; it is probably Jonson 's signature.]

Bibliography
H&S, 1.223-30
JAB, 73