Salisbury attorneys: John Weldon, Edmund Fox

The lord king sent to the bailiff of the liberty of the Bishop of Salisbury of his city of Salisbury his writ close in these words:

Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth the supreme head of the English church to the bailiff of the liberty of the Bishop of Salisbury of his city of Salisbury, greetings. Because in the record and process and also in the rendering of judgment of the plea that was before you in the court of the abovesaid city without our writ according to the custom of the same city between John Blathet and Thomas Grene executor of the testament or last will of Alice Kelingale deceased wife of the late William Kelingale also deceased while he lived of the city of Salisbury, brewer concerning this that the same Thomas render to the aforementioned John 40s manifest error intervened to the grave damage of the same Thomas as we have received from his complaint, we, wanting that error if any there was to be corrected in due manner and full and speedy justice to be done to the abovesaid parties in this part, order you as formerly we ordered that, if judgment thereof has been rendered then distinctly and openly send the record and process abovesaid with all things touching them to us under your seal, and this writ, so that we have them at 15 days after Easter wherever then we shall be in England so that, the abovesaid record and process having been inspected, we may do further thereof what of right and according to the law and custom of our realm of England should be done, or signify to us the cause why you have not at all valued our mandate formerly directed to you thereof, and you the aforementioned bailiff in the meantime supersede the abovesaid execution by security to be found or made before you to answer to the same John of this that pertains to him in this part if it should happen that the same judgment be affirmed. Tested me myself at Westminster February 28 in the 31^st year of our reign [February 28, 1540].

The record and process of which mention is made in the abovesaid writ follow in these words:

The City of Salisbury. Pleas held there in the guildhall of the abovesaid city before the bailiff of the liberty of the reverend father and lord in Christ Lord John bishop of Salisbury of his abovesaid city on September 10 in the 31^st year of the reign of King Henry VIII by the grace of God king of England and France, defender of the faith, lord of Ireland, and on earth supreme head of the English church [September 10, 1539].

Thomas Grene executor of the testament or last will of Alice Kelingale deceased wife of the late William Kelingale also deceased while he lived of the city of Salisbury, brewer, was summoned to answer John Blathet concerning a plea that he render to him 40s that he owed him and unjustly detains. And wherefore the same John by John Weldon his attorney complains that, whereas the abovesaid Alice on May 20 in the 28^th year of the reign of King Henry VIII [May 20, 1536] was sick and then and there established her testament containing her last will and by the same her testament among other things she gave and bequeathed to the fabric of the parish church of St. Edmund within the said city of Salisbury 46s8d by that intention that both her name and also the name of the abovesaid William late her husband would be put on the bead-roll so that they would be prayed for there, and the said Alice also made and established by her said testament the abovesaid Thomas to be her executor and the abovesaid plaintiff to be the supervisor of the same testament; and she died; after whose death the abovesaid Thomas before the ordinary of the place or the city abovesaid at the said city proved the said testament and then and there undertook on himself all of the execution and burden of this manner testament and the abovesaid plaintiff at the instance of the said Thomas paid both 6s8d of the abovesaid 46s8d to the church wardens of the abovesaid church of St. Edmund for the fabric of the said church and another 6s8d for the funeral; and afterwards indeed, viz., on June 16 in the 30^th year of the reign of King Henry VIII [June 30, 1538] here at the city of Salisbury abovesaid with the jurisdiction of this court abovesaid the plaintiff and the abovesaid Thomas accounted together of divers sums of pennies and money by the same Thomas had and received from the same plaintiff and, everything having been allocated that should be allocated and disallowed that should be disallowed, the said Thomas was found in arrears against the said plaintiff in the abovesaid 40s, which the said Thomas then and there promised to pay to the said plaintiff completely, as, and when he should be asked by the said plaintiff; and nevertheless the said Thomas although often asked has still not paid the said 40s to the same plaintiff but completely to this time has refused to pay them and still refuses, wherefore he says that he is worse off and has damages to the value of 53s4d, and thereof he produces suit etc.

And the abovesaid defendant by Edmund Fox his attorney comes and defends force and injury as and when etc., and seeks license to emparl here until Tuesday next at the 9^th hour before noon of the same day etc.

At which day and hour the said defendant by his attorney abovesaid says that he owes nothing to the plaintiff etc., in the manner and form etc. And he seeks that this be inquired by the countryside. And the abovesaid plaintiff similarly. Therefore it is ordered by the bailiff to John Tucker a serjeant at mace within the abovesaid city that he should make to come 24 prudent etc., returnable here in the guildhall of the city abovesaid on Tuesday next, viz., October 7 next etc., [October 7, 1539] and who neither etc., because both etc., to make the jury etc., the tenor of which certain precept follows in these words etc.:

The City of Salisbury. Thomas Arundell knight bailiff of the liberty of the reverend father and lord in Christ the Lord John bishop of Salisbury of his abovesaid city to the abovesaid John Tucker a serjeant at mace in the same city, greetings. [IMG 0118] I order you that you should make to come before me or my deputy in the guildhall of the abovesaid city on Tuesday next at the 3^rd hour after noon of the same day 24 prudent and lawful men from the vicinity abovesaid and who touch in any affinity neither John Blathet nor Thomas Grene to make then and there a certain jury between the abovesaid parties in a plea of debt, because both the abovesaid John and the abovesaid Thomas between whom the contention is have placed themselves on that jury, and have there then the names of their jurors and this precept. Date in the guildhall abovesaid on October 2 in the 31^st year of the reign of King Henry VIII. [October 2, 1539]

The response of John Tucker serjeant at mace withinnamed etc.:

The execution of this precept appears in a certain panel annexed to this precept.

The jurors between John Blathet plaintiff and Thomas Grene defendant:

                           William Garrett Robert Martyn   John Marshall

                           John Rogers                John Milbridge  Thomas Browne

                           John Rogers                John Alen          Umfrey Grene

                           Robert Heycroft          John Attkyns     John Snellyng

                                    Sworn                         Sworn                Sworn

The jurors abovesaid by William Garret the first on their oath say that the said defendant owes the aforementioned plaintiff the abovesaid 40s etc., and they assess the damages at 4d, the ordinary costs of court, viz., 3s6d.

Therefore it is considered by the court that the abovesaid plaintiff recover against the said defendant 40s of the principal debt and the damages abovesaid at 4d and the costs at 4s6d [sic] etc., and that execution be made thereof.

And afterwards, viz., on October 28 then next following [October 28, 1539] the said defendant proffered the lord king’s writ of error returnable on the Octaves of St. Martin and the writ is allocated etc. And then, afterwards, viz., on February 23 then next following [February 23, 1539] the abovesaid plaintiff by his attorney proffered a writ of the lord king concerning the execution of the abovesaid judgment, and the writ is allocated.

Which having been seen and understood by the court, it is further considered by the abovesaid court that the said plaintiff recover against the defendant his abovesaid debt, viz., 40s, together with the damages, viz., 4d, and costs, 5s beyond the abovesaid 4s6d; and because the body of the abovesaid defendant cannot be found by the officer as he asserts, therefore it is considered by the abovesaid court that execution be made against the goods and chattels of the said defendant etc. Thereon it is ordered to John Tucker a serjeant at mace in the same city that he make to be made from the goods and chattels of the abovesaid defendant both the abovesaid 40s and 4d for damages, 9s6d for costs etc to the work and use of the said plaintiff etc.