Edwin Kendall sr & Katherine his wife v. William Wellinge alias Wellene

This case retails a marriage negotiation and marriage that occurred on the same day, and the bride refused to proceed to the marriage without the agreement having been formalized. She only proceeded to marry after a friend of the groom’s father undertook to pay 500 pounds if the groom’s father failed to perform his own promise to formalize and deliver the agreement. The groom’s father defaulted. The couple thus sued the groom’s father’s friend for the 500 pounds.

The plaintiffs default before the jury returned its verdict, so the plaintiffs lost. That default could mean anything. It almost certainly does not mean that nothing the plaintiffs alleged was true, since the actions alleged took place all in public. Such defaults right before verdict often indicate a settlement of some kind arranged at the last minute. Such a settlement would be the preferred explanation, but the defendant proceeded on to get an award for his own costs. That possibility is thus possible but not as likely. It could be that the couple had been otherwise contented of the agreement and that the jury would thus not have imposed the liability on Wellinge. Whatever happened before the jury, the social scene at the wedding probably happened.

[the case Edwin Kendall sr and Katherine his wife v. William Wellinge now continued]

Oxfordshire. Memorandum that formerly, scilt., in Easter term last past, before the lord king at Westminster came Edwin Kendall sr. and Katherine his wife by Godfrey Reresby their attorney and proffered here in the court of the said lord king then there their certain bill against William Wellinge alias Wellene in custody of the marshal etc., concerning a plea of trespass on the case, and there are pledges, scilt., John Doo and Richard Roo, which certain bill follows in these words:

[there was a discussion between Christopher Kendall and Henry Rancle about a marriage between Edwin and Katherine]

Oxfordshire. Edwin Kendall gentleman and Katherine his wife complain of William Wellinge alias Wellene in the custody of the marshal of the marshalsea of the lord king being for the lord king himself for this, viz., that, whereas on December 21 in the forty-third year of the reign of the Lady Elizabeth late queen of England at Witney in the abovesaid county of Oxfordshire a certain colloquium was had and moved between a certain Christopher Kendall gentleman father of the aforementioned Edwin and a certain Henry Rancle natural brother of the same Katherine of and concerning a certain marriage between Edwin now one of the plaintiffs (then being celibate and unmarried) and the aforementioned Katherine now the other plaintiff (then the widow of a certain Henry Newman deceased then being single) as to whether the same Edwin and Katherine would consent to such kind of marriage being celebrated, had and solemnized,

[the discussion produced an agreement to make an indenture with the provisions]

at which certain colloquium then and there it was concorded and agreed upon between the aforementioned Christopher Kendall father of the aforementioned Edwin and the abovesaid Henry Rancle natural brother of the aforementioned Katherine that by a certain indenture to be made between the aforementioned Christopher by name of Christopher Kendall de Brehill in Buckinghamshire gentleman on one part and the abovesaid Henry Rancle by name of Henry Rancle of Witney of Oxfordshire clothier on the other part that it would be agreed and concorded between the same Christopher and Henry (to be made the parties of the abovesaid indenture) in the mode and form following, viz.,

[(1) that Edwin and Katherine would formally marry if they both agreed,]

that the same Christopher by that indenture would agree and grant for themselves, their heirs, executors and administrators to and with the aforementioned Henry Rancle, his executors and administrators that the abovesaid Edwin Kendall son and heir apparent of that Christopher Kendall by God’s permission would marry and take to wife the abovesaid Katherine and would espouse and marry according the law of holy church before the feast of the purification of the Blessed Mary virgin next following the date of the same indenture thus to be made if the same Katherine would consent, and that the abovesaid Henry Ranckle (sic) similarly by that indenture would agree and grant for himself, his heirs, executors, and administrators that the abovesaid Katherine would espouse, marry and take as husband the abovesaid Edwin Kendall according to ecclesiastical law before the abovesaid feast of the purification of Blessed Mary virgin next following the date of that indenture to be made if the abovesaid Edwin Kendall would consent thereunto;

[(2) that Christopher Kendall would convey property in Brill to produce in himself a life estate, remainder to Edwin Kendall in fee tail male, and further remainder in fee simple to Christopher Kendall]

in consideration of which certain marriage thus to be had and solemnized and for the advancement and better standard of living (statu vivendi) of the abovesaid Edwin and for the natural paternal care, love, and affection which the abovesaid Christopher Kendall then had and bore to the abovesaid Edwin Kendall his son and heir apparent, the abovesaid Christopher Kendall would make, give, grant, enfeoff, and confirm by the indenture to the abovesaid Henry Rancle and his heirs all those messuages, barns, stables, buildings, and structures called and known by the name of Hayleys situated, lying, and being within the parish of Brill in Buckinghamshire and all apple orchards, gardens, dovecotes, ponds (in English, pondes), meadows, pastures, pasture-land, lands, tenements, woods, underwood, commons, and hereditaments looking thereto or occupied or enjoyed or being part, parcel, or member of the same with the same at any time from 1 January last past before the date of the indenture abovesaid thus to be made with all and singular their appurtenances to have and to hold all and singular the said messuages, lands, tenements, and hereditaments with all and singular the premises with their appurtenances to the abovesaid Henry Rancle, his heirs and assigns in perpetuity to the sole use, intention, works (in English, behoofes) and purposes then afterwards in the same indenture thus to be made, limited, mentioned, and declared and to no other uses, intentions, work (in English, behoofe) or purpose, viz., to the use and work of the abovesaid Christophere Kendall for and during his natural life and after his death then to the use and work of the abovesaid Edwin Kendall son and heir apparent of the abovesaid Christopher Kendall and the heirs male lawfully procreated from his body, and for default of such issue to the use of the abovesaid Christopher Kendall, his heirs and assigns in perpetuity,

[(3) that Christopher Kendall at the time of indenture was sole proprietor without any limitations and fully able to make that conveyance and that the land was annually worth 50 pounds]

and that the abovesaid Christopher Kendall would agree and grant for himself, his heirs, executors, and administrators to and with the abovesaid Henry Ranckle, his executors, administrators, and assigns by the same indenture to be made that he the same Christopher Kendall then, scilt., at the time of the sealing and delivery of the abovesaid indenture thus to be made was and thus would be and continue until the full and perfect executions of that indenture thus to be made the sole and lawful proprietor of all and singular of the abovesaid messuages, lands, tenements, and hereditaments and of each part and parcel of the same of legal, just, and absolute estate in fee simple without any limitation or other use or uses and without any condition or conditions to alter, change, determine or frustrate (in English, to undoe) the same, and that the same Christopher then had and thereafter would have the lawful power or authority to dispose of the same in mode as is said above and moreover that the abovesaid Christopher Kendall would agree and grant for himself, his heirs, executors, and administrators at and with the abovesaid Henry Rancle, his executors, administrators and assigns by that indenture thus to be made that the abovesaid messuages, lands, tenements, and hereditaments then, scilt., at the time of the sealing and delivery of the abovesaid indenture thus to be made was, would be and continue until the full and perfect execution of that indenture thus to be made was and thus would be and continue of an annual value of fifty pounds of the lawful money of England, any act or thing beforehand done or promised or hereafter to be done or promised by the abovesaid Christopher Kendall, his heirs and assigns to the contrary in any way notwithstanding,

[(4) that Christopher Kendall would make other such assurances of the conveyance as directed by Edwin Kendall and his lawyers]

and that the abovesaid Christopher Kendall would further agree and grant for himself, his heirs, executors and administrators to and with the abovesaid Henry Rancle, his executors and administrators by that same indenture thus to be made that he the abovesaid Christopher Kendall would be supposed to and would want at all and each time and times henceforth during the space of seven years next following the date of that indenture thus to be made at the request made to him to make, acknowledge, do and permit and to cause to be made, to be acknowledged, to be done, and to be permitted all and each such further act or acts, thing or things to be devised in law by fine, feoffment, deed or deeds, enrollment or enrollments of that indenture thus to be made, recovery with single or double voucher, release with warranty or without warranty or by all and each such other reasonable and lawful ways and means as they be advised or devised by the counsel learned in law of the abovesaid Edwin Kendall or his heirs, which certain further assurance or assurances thus to be had would be done or permitted at the costs and burdens of the abovesaid Edwin Kendall, his heirs, executors, and administrators,

[(5) furnishings of the messuage to be left at Christopher Kendall’s death]

and that the abovesaid Christopher Kendall especially by that indenture thus to be made would agree and grant for himself, his heirs, executors, and administrators to and with the abovesaid Henry Rancle, his executors, and administrators that he the abovesaid Christopher Kendall would have to and would want at the time of his death to leave in the messuage all such tables, press (in English, a presse), cupboards (in English, cubbordes), bedsteads (in English, bedsteddes), shelves (in English, shelfes), malt mill (in English, a malt mille), a boilery (in English, the boylerye), and cisterns (in English, cesternes) as then were, scilt., at the time of the abovesaid indenture to be made, would be and remain in the said houses and expressed and specified in a certain schedule annexed to the same indenture thus to be made or in default and in place of the same and of each of the same that shall be worn (in English, shalbe worne) and wanting (in English, wantinge) will be such other things of as good value as the same then, scilt., at the time of the making of the abovesaid indenture thus to be made,

[(6) provision by Christopher Kendall during his life for the food and lodging and living allowance of Edwin, Katherine and their children whether they lived with him or away]

and that moreover the said Christopher Kendall would agree and grant for himself, his heirs, executors and administrators to and with the said Henry Ranckle, his executors and administrators by the same indenture thus to be made that he the abovesaid Christopher Kendall would be supposed to and want during his natural life to find and provide for the abovesaid Edwin Kendall and the said Katherine and for the children which they happen to have between them procreated from their bodies good, sufficient, and competent diet for them and each of them according to their quality and grade (in English accordinge to their callings and degrees) during the life of the said Edwin and Katherine and the custody and pasturage both in winter and in summer (in English, both winter and sommer) for two geldings or nags (in English, geldinges or nagges) if it be that the abovesaid Christopher Kendall, Edwin and Katerine shall like thereof (in English, shalle like thereof), and also that the abovesaid Christophere during his natural life moreover and besides (in English, moreover and besides) would pay or cause to be paid to the abovesaid Edwin his son annually the sum of 40 pounds of good and lawful money of England at four separate terms of the year, viz., at the feast of the nativity of the lord, the annunciation of the Blessed Virgin Mary, the nativity of St John the Baptist, and at the feast of St Michael the Archangel by even and equal portions to be paid beginning at such of the said feasts as first and next happen after the solemnization of the abovesaid marriage between the abovesaid Edwin and Katherine and to them continually annually and quarterly in the mode as has been said above for and during as long a time as the abovesaid Edwin and Katherine and their children if they should happen to have any shall be and remain at the provision (in English, the findeinge) of the abovesaid Christopher Kendall as has been said above, and if the abovesaid Edwin and Katherine should refuse to continue with the said Christopher Kendall and refuse to be at his provision as has been said above or if the abovesaid Christopher Kendall should be willing that the abovesaid Edwin and Katherine withdraw (in English, shall depart) from the abovesaid Christopher and be no longer (in English, be noe more) at his provision as has been said above and refuse the same to the abovesaid Edwin and Katherine, that then the abovesaid Christopher Kendall thenceforth and thereafter will pay or cause to be paid to the abovesaid Edwin for and during the life of the abovesaid Christopher Kendall annually the sum of fifty pounds of the lawful money of England at the abovesaid four feasts annually by even portions to be paid toward the maintenance of the abovesaid Edwin and the abovesaid Katherine and their children if they should happen to have any, the said payment beginning at such of the abovesaid feasts as first and immediately happen after such departure (in English, departure) of the abovesaid Edwin and Katherine;

          [(7) and a grant of any unexpired term of years left at Christophers’s death in lands in Oxfordshire ]

further they say that then and there it was further concorded and agreed between the aforementioned Christopher Kendall and the abovesaid Henry Rancle that where the excellent Henry Norreis knight lord Norryes of Rycote and Lady Margery his wife one of the daughters and heirs of John Williams knight lord Williams of Thame deceased by their indenture of demise demised to Thomas Read of “Murwell” in Oxfordshire gentleman one tenement called Welfeldes for a term of 21 years beginning after the death of William Place of Thame in Oxfordshire gentleman and then unexpired, the interest and estate of which by convenient lawful means before then had come and been conveyed to the said Christopher Kendall and thereof the same Christopher Kendall for the abovesaid consideration granted one part of the abovesaid tenement, which part is called Welfield, to the abovesaid Edwin Kendall for all the years of the said 21 years as many as would be unexpired at the death of the said Christopher Kendall;

[(8) and a grant of any unexpired term of years left at Christopher’s death in woodlands in Buckinghamshire]

moreover, where John Bridgwater then rector of the college of Blessed Mary and of All Saints of Lincoln in the university of Oxford commonly called Lincoln College and the Fellows and Scholars of the same by their indenture bearing the date of 4 February in the year of the reign of the said Lady Elizabeth late queen of England demised and let at farm to a certain Edward Becham all that wood (in English, coppies) in Buckinghamshire commonly called Bowsers Woodes for the term of 56 years then to come and at the time of the abovesaid agreement unexpired, the interest and estate of which by convenient and lawful means came and were conveyed to the abovesaid Christopher Kendall and further thereof the said Christopher Kendall was lawfully possessed by the same indenture thus to be made would concord and agree that the abovesaid Christopher Kendall for the abovesaid consideration would grant the abovesaid woods (in English, copyes) or parcel of the land then called or commonly called Bowsers Woodes to the said Edwin Kendall for all the years of the abovesaid 56 years as many as would be unexpired at the death of the said Christopher Kendall as by the archetype (in England, the first draught and exemplar) of the abovesaid indenture thus to be made between the same Christopher Kendall and Henry Rancle then and there supervised, concorded and thereupon agreed more fully is clear,

[the agreement being acceptable, Edwin and Katherine agreed to be married on the same day after the agreement was formalized, sealed, and delivered]

and whereas also on the abovesaid agreement between the aforementioned Henry Rancle and the abovesaid Christopher Kendall made in the abovesaid form, scilt., on 21 December in the forty-third year of the reign of the said late Queen Elizabeth abovesaid, the abovesaid Edwin and Katherine then being single and unmarried at Witney abovesaid in Oxfordshire abovesaid consented to the abovesaid marriage to be celebrated and solemnized between them in the abovesaid form, whereon then and there it was agreed between all the abovesaid parties, viz., both between the aforementioned Christopher Kendall and the abovesaid Henry Rancle and between aforementioned Edwin and the abovesaid Katherine that the celebration and solemnization of the marriage abovesaid thus between the Edwin and the same Katherine to be had and solemnized would be done and celebrated between the same Edwin and Katherine on that twenty-first (day) of the same instant month of December in the forty-third year abovesaid in the parish church of Witney abovesaid in Oxfordshire, and that in the meantime the abovesaid archetype (in English, the said first draught & exemplar) of the abovesaid indenture thus as has been said to be made in the form abovesaid supervised, concorded, and thereupon agreed would be written, engrossed doubly, and in two parts on parchment by that Christopher and the abovesaid Henry Rancle before the solemnization of the abovesaid marriage would be alternately sealed and delivered in due form of law according to the agreement thereof in that part,

[Katherine refused to proceed to the church to marry until the agreement was formalized and delivered]

whereon the abovesaid Katherine while she was single and the aforementioned Edwin then not at all married then, scilt., on the same twenty-first day of December in the forty-third year abovesaid at Witney abovesaid in the abovesaid Oxfordshire refused to proceed to the church to solemnize and celebrate the abovesaid marriage between her and the aforementioned Edwin before the abovesaid Christopher had sealed and delivered to the aforementioned Henry Rancle in due form of law one part of the indenture abovesaid agreed in the form abovesaid to be made, written, and engrossed on parchment according to the abovesaid agreement thereof as the deed of the same Christopher,

[to induce Katherine to proceed, Christopher promised that he would later formalize the agreement and deliver it sealed to Henry Rancle, Katherine’s natural brother]

and the same Christopher thereon then and there instantly asked the same Katherine that she proceed to the church of Witney abovesaid and then there consummate the solemnization and celebration of the abovesaid marriage between that Katherine and the aforementioned Edwin and further thereon with the intention to procure that the abovesaid Katherine perform his such manner request, the same Christopher then and there on himself undertook and faithfully promised to the same Katherine while was single that if the same Katherine at the abovesaid request of the same Christopher then and there would proceed to the consummation of the abovesaid marriage between that Katherine and the aforementioned Edwin that then he the same Christopher when thereof he would be afterwards requested, would seal and as his deed would deliver to the aforementioned Henry Rancle one part of the abovesaid indenture agreed in the form abovesaid to be made, written, and engrossed on parchment in the due form of law according to the abovesaid agreement thereof,

          [Katherine made it known to all relatives, friends, and neighbors there present for the wedding that she would not proceed until the agreement was formalized and delivered]

and whereas also the abovesaid Katherine while she was single then and there, scilt., on the same December 21 in the forty-third year abovesaid at Witney abovesaid in the abovesaid Oxfordshire notwithstanding the abovesaid request and promise of the aforementioned Christopher presented and put forth and authorized in her refusal abovesaid of the performance of the request of the same Christopher abovesaid and then and there proposed that she was persuaded within herself not to proceed to the consummation of the abovesaid marriage between her and the aforementioned Edwin before the abovesaid Christopher in due form of law seal and deliver as his deed to the aforementioned Henry Rancle one part of the indenture abovesaid agreed in the abovesaid form to be made,written and engrossed on parchment according to the agreement thereof and of such manner her purpose and persuasion then and there she gave notice both to the aforementioned Christopher and to the abovesaid Edwin and Henry and to divers others their familiar friends and neighbors and some other subject of the said late queen then and there present,

[William Wellinge intervened and, to induce Katherine to proceed to the church, promised to pay 500 pounds if Christopher Kendall did not formalize and deliver the agreement]

thereon the abovesaid William Wellinge alias Wellen then and there present and being one of the familiar friends of the aforementioned Christopher afterwards, scilt., on the same twenty-first day of December in the forty-third year of the reign of the said late queen abovesaid at Witney abovesaid in the abovesaid Oxfordshire in consideration that the abovesaid Katherine while she was single at the special instance and request of that William then and there would proceed to the consummation of the abovesaid marriage between that Katherine and the aforementioned Edwin negotiated and agreed in the abovesaid form undertook on him and faithfully then and there the same William promised the aforementioned Katherine while she was single that if the abovesaid Christopher not perform to the same Katherine the promise of that abovesaid Christopher made to her in the form abovesaid then he the same William would want well and faithfully to give and pay 500 pounds of the lawful money of England to the aforementioned Katherine when he should be asked thereof,

[Katherine, relying on Wellinge’s promise, married Edwin]

and the same Edwin and Katherine in fact say that the abovesaid Katherine while she has single, faithfully relying on the promise and undertaking of the aforementioned William at the abovesaid special instance and request of the same William then and there proceeded to the consummation of the abovesaid marriage between that Katherine and the aforementioned Edwin negotiated and agreed in the abovesaid form, and then and there, scilt., at Witney abovesaid in the abovesaid county according to the form of the abovesaid agreement in the abovesaid indenture thus as set forth above to be made above specified espoused, married, and took as her husband the abovesaid Edwin Kendall according to the ecclesiastical law,

          [Christopher Kendall defaulted on his promise] 

and the same Edwin and Katherine further in fact say that after the consummation of the abovesaid marriage between the same Edwin and Katherine in the form abovesaid, the abovesaid Christopher his abovesaid permission made to the aforementioned Katherine while she was single in the form abovesaid of this that he the same Christopher when he should be required thereof would seal and deliver as his deed to the aforementioned Henry Rancle one part of the abovesaid indenture agreed in the aboversaid form written and engrossed on parchment in due form of law according to the abovesaid agreement thereof above specified, although the same Christopher after the consummation of the abovesaid marriage, scilt., on June 26 in the forty-third year of the reign of the said Lady Elizabeth late queen of England abovesaid at Witney abovesaid in the abovesaid Oxfordshire was required by the aforementioned Katherine to this, completely did not perform to the same Katherine while she was sole or to the aforementioned Edwin and Katherine after the abovesaid marriage consummated between them but completely refused to perform it,

[and then William Wellinge defaulted on his promise to pay 500 pounds]

and the same Edwin and Katherine further also in fact say that although the abovesaid Christopher did not perform the promise of the same abovesaid Christopher made in the form abovesaid to the aforementioned Katherine, nevertheless the abovesaid William not at all caring for his promise and undertaking but scheming and fraudulently intending hotly and craftily to deceive and defraud Katherine while she was single and the abovesaid Edwin and Katherine after the espousals between them celebrated in this part did not give or pay the 500 pounds of the lawful money of England to the aforementioned Katherine while she was single or to the aforementioned Edwin and Katherine after espousals between them celebrated or to either of them although he was asked to this by the same Edwin and Katherine afterwards, scilt., on April 21 in the fifth year of the reign of the lord James now king of England at Witney abovesaid in the abovesaid Oxfordshire nor did he content the same Edwin and Katherine for the same in any way,

          [whereby Edwin and Katherine are very much worse off] 

whereby the same Edwin and Katherine totally lost not only all the gain, benefit, and profit that he could have had and gained with the abovesaid 500 pounds lawfully by buying, selling, and contracting if the abovesaid William had performed his abovesaid promise and undertaking, but also all the benefit and advantage that they by the abovesaid indenture could have had and received if the abovesaid Christopher had sealed that indenture and delivered it as his deed to the aforementioned Henry Rancle according to the promise of that Christopher; they are in that part completely defrauded and deceived and in the future stand to be likewise deceived and defrauded, wherefore they say that they are worse off and have damages to the value of 2,000 pounds, and thereof they produce suit etc.

          [William Wellinge denies the undertaking and a jury is summoned] 

And now at this day, scilt., the Friday immediately after the morrow of Holy Trinity in this same term until which day the abovesaid William Wellinge alias Wellene had licence to emparl to the bill and then to respond etc., before the lord king at Westminster comes both the abovesaid Edwin Kendall and Katherine by their attorney abovesaid and the abovesaid William by Arthur Blunt his attorney, and the same William defends force and injury when etc., and says that he did not undertake on himself in mode and form as the abovesaid Edwin and Katherine above against him complain. Therefore let come thereof a jury before the lord king at Westminster on Saturday next after the quindene of Holy Trinity etc., and who neither etc., to recognize etc., because both etc. The same day is given to the abovesaid parties there etc.

          [nisi prius order] 

Afterwards, process having continued thereof between the parties abovesaid concerning the abovesaid plea by the jury put thereof into respite before the lord king at Westminster until the Wednesday next after the quindene of Easter then next following unless the justices of the lord king assigned to take the assizes in the abovesaid county come before on Tuesday February 23 at Oxford in the abovesaid county by form of the statute etc., by default of the jurors etc.

[record of the justices; empaneling of the jurors]

At which day before the lord king at Westminster come the parties abovesaid by their attorneys abovesaid and the aforementioned justices to (take) the assizes before whom etc., sent here their record had before them in these words: Afterwards on the day and place contained within before Christopher Yelverton knight one of the justices of the lord king assigned to take pleas before the king himself and David Williams knight another justice of the same lord king assigned to hold the pleas before the king himself, justices of the same lord king assigned to take the assizes in Oxfordshire by the form of the statute etc., come both the within contained Edwin Kendall and Katherine his wife and the within written William Wellinge alias Wellene in their proper persons, and the jurors of the jury, whereof mention is made within, empaneled exacted certain of them, to wit, William Gibbyns of Westwell, William Pawlinge of the same, William Elkington of Great Bourton, William Bartholomewe of Burford, William Hunt of the same, William Towne of Thame, John Adams of the same, and Robert Cotton of the same come and are sworn onto that jury, and because the rest of the abovesaid jurors did not appear, therefore others from those standing around selected by the sheriff of the abovesaid county at the request of the abovesaid Edwin and Katherine and by the order of the abovesaid justices are appointed anew, whose names are sewn to the panel within written according to the form of the statute edited and provided thereof, which certain jurors thus anew appointed exacted, viz., John Richardson, Abraham Gold, Robert Arnold, and Thomas Wise, come and are sworn onto the abovesaid jury together with the other abovesaid jurors before empaneled,

[when the jury was prepared to render its verdict, Edwin and Katherine defaulted and costs were awarded to William Wellinge]

who were elected, tried and sworn to tell the truth concerning the within contained and after the same jurors were burdened by the court to say their verdict and having agreed thereof among themselves came back to the bar to render that verdict, the abovesaid Edwin and Katherine although solemnly exacted did not return or prosecute their bill within specified against the abovesaid William Wellinge alias Wellene. Therefore it is considered that the abovesaid Edwin Kendall and Katherine take nothing by their abovesaid bill but that they and their pledges, scilt., John Doo and Richard Roo be in mercy etc., and the abovesaid William Wellinge alias Wellene go thereof without day etc. And further it is considered that the abovesaid William Wellinge alias Wellene recover against the aforementioned Edwin Kendall and Katherine four pounds and 10 shillings for his outlays and costs sustained by him for his defence in this part by the same William adjudicated by his consent by the court of the lord king here according to the form of the statute in this manner case thereof lately edited and provided, and the abovesaid William Wellinge alias Wellene have thereof execution etc.