_Item._--What and how much of value the said goods were appraised unto.
_Item._--Whether the said goods were lawfully recovered by the custom and law of the said City of London.
_Item._--Whether the said goods were delivered unto the above-named Henry Walton by lawful officers of the same City of London.
_Item._--Whether the said goods were of any more value or substance than they were praised unto.
_Item._--Whether the said goods were fresh and new, as is surmised unjustly by the bill of complaint of the said Rastell.
XI
_Depositions for the part of_ HENRY WALTON _against_ JOHN RASTELL.
[_Deposition of_ WILLIAM KNIGHT.]
William Knight of London, latten founder, of the age of 56 years, sworn or examined upon his oath, saith that Walton did make of new for stages and stage players as much as by estimation, esteemed by this deponent and William Sayer at 50s. in board, timber, lath, nail, sprig and daubing, which the said Rastell should have paid to the said Walton by their arbitrament, which were chosen indifferently by them both, and then Rastell said it was too much, and afterwards the said Rastell arrested the same Walton, and much business was between them.
And as to the 2nd, 3rd, 4th, 5th, and 6th interrogatories, he knoweth nothing. And as to the 7th and last article, he saith that the said Rastell had certain garments for players, which were made of old sarcenet, but how many he knoweth not, nor he doth not esteem the value of them nor any of them, and more he knoweth not.
(Signed) per me WILLIAM KNIGHT.
XII.
[_Deposition of_ NICHOLAS SAYER.]
Nicholas Sayer of London, skinner, of the age of 49 years or thereabouts, sworn and examined upon his oath, saith that he and William Knight were desired by the said Rastell and Walton, being at the Mitre in Cheap, to view such costs as the said Walton had done in making of stage for player in Rastell"s ground beside Finsbury, in timber, board, nail, lath, sprig, and other things. Which they esteemed and judged at 50s. that Rastell should pay to the said Walton, and upon payment of the said 50s. the said Walton to render such garments as he had in his keeping to the said Rastell. And he saith he saw the garments, and there were none of them of new stuff to his knowledge, nor what the value of them were, and more he knoweth not.
(Signed) per me NICHOLAS SAYER.
XIII.
[_Deposition of_ ROGER TAYLOR.]
Roger Taylor of London, latten founder, of the age of 40 years, sworn and examined upon his oath, he saith he made part of the said players"
garments, and some of them were made of saye and some of sarcenet, which were not at that time of new stuff, for they had been occupied in other business, and they were occupied three or four years in playing and disguisings, or they came to the hands of the said Walton, or before any variance was between them for the same; and as to the value of them he cannot esteem nor judge. And more he cannot say herein.
(Signed) per me ROGER TAYLOR.
XIV.
[_Deposition of_ THOMAS CURTIS.]
Thomas Curtis of London, glazier, of the age of 54 years, sworn and examined upon his oath, saith that the said Walton made attachment of 15 playing garments; and thereupon this deponent and one John Wilkinson were commanded by the Mayor"s clerk, called John Edmay, to appraise the same garments indifferently. Which the said deponent and John Wilkinson, after their conscience, appraised to the uttermost value of them, and the value or sum amounted unto 35s. 9d., and he and the said Wilkinson delivered a bill thereof to the said clerk of the Mayor"s Court; and he thinketh that after the custom of the City of London the said Walton lawfully recovered the same, but how they were delivered to the said Walton he knoweth not. And further he saith, that at the time of the said apprais.e.m.e.nt the said garments were old and torn, so that then they were not able to be worn nor occupied. And also he saith he would have been loath to have given so much for them as they were appraised at, and more he knoweth not.
+_S_+ _The Mark of Thomas Curtis._
XV.
[_Deposition of_ JOHN WILKINSON.]
John Wilkinson of London, plasterer, of the age of 33 years or thereabouts, sworn and examined, saith that he was commanded by John Edmay, the Mayor"s officer, to appraise certain old playing garments which were broken and torn, some of them of sarcenet and some of saye, and others which he now remembereth not; and that he and Thomas Curtis appraised the said garments and stuff at 35s. or 36s. 9d., which in his conscience were no better worth, nor he would not have gladly given so much for them, and more he knoweth not.
(Signed) JOHN WILKINSON.