Court proceedings: William Gomeldon, 1581, Court of Requests

Pg. 475, bundle cxxviii, No 27 'John Walrond - Wm. Gomeldon - promise to set the plaintiff up in business, etc'

This is my own transcript of the original manuscript document. I have have not altered the original spelling or punctuation. The symbols I have used used are:

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Complaint of John Walrond

To the Queenes moste excellent ma[jes]tie
In moste humble wise complaininge shewethe to your Highnes your poore and faithfull subiecte John Walrond of the midletemple of London gentleman / That wher the xx th day of Aprill in the xxiii th \yeare/ of your Highnes raign one agreement was made and concluded upon betwene one Willm Gomeldon of Porton / in your Highnes Countie of Wilshier gentleman and your Highnes said subiecte brothers bothe of them by one mother The which said agreement was condesion/ded upon in forme folowinge Viz: Bycause your highnes said subiect had then been imprisoned and by reason of his great povertie and not having wherew[i]th to relieve / himselfe was kepte in the comon gaile of your highnes benche more than one yere by the said Willm Gomeldon upon indigment geven againste your said subiecte in / an accion of account to the value of forty pound[es] and to the end to delay and impoverishe your Highnes \said subiect/ and to deprive him of his lawfull accion of dett of xl li to one John Browneiohn / and Nicholas Wimbleton the which said accion of dett of xl li then was dependinge in your ma[jes]ties Courte of comon plees at Westminster. In consideracion of which / grant and releas it was further agreed betwene your said subiecte and the said Willm Gomeldon that your said subiecte shulde have vii li of lawful englishe mony of / the said Willm Gomeldon and have maintenance of him for the triall of your said subiect[es] title for certein land[es] and tenement[es] in Andover and elswher in your ma[jes]ties / county of Southt. and that your said subiecte shulde be and remaine with the said Willm Gomeldon at his hows and mansion place situate and beinge in Porton in / the said County of Wilshier and ther to have meate drincke and lodginge for your said subiecte till the said Willm Gomeldon had placed your said subiecte with a fitt and / convenient maister Which thinge though your Highnes said subiecte hath divers times gently requested him the said Willm Gomeldon to performe, yet he the saide / Willm Gomeldon hath hitherto refused and yet dothe refuse to doo and performe the same to the manifeste undoing and impoverishinge of your said subiecte contrary to / his faithfull promise made to your said subiecte & contrarie to iustice equitie and good conscience. And forasmuch as your said Highnes subiecte hathe released ..... / all his right title and estate of in and to certein land[es] tenement[es] and hereditamentes and all other accions duties \ & demandes / to the said Willm Gomeldon and \others/ which your said subiecte / was then lawfully and iustly entituled to have as well againste the said Willm Gomeldon as againste certaine other persons before recited, your said subiecte then trustinge and / dependinge only upon the faithfull promises and frendly speches had and used toward him by the sayd Willm Gomeldon so that by stricte order of the \..../ lawe your / said subiecte is without all remedie of succour or relieffe concerninge the recoverie of the premisses except it may please your Highnes of your aboundant grace / and accustomed clementie herein to extend your mercifull favor to your said subiecte and to grant your ma[jes]ties most gracious Writt of Privie Seale to be directed to / the said Willm Gomeldon commandinge him therby at a certein day and under certain paine by your Highnes to be limitted and appointed personally to appeare be/fore your ma[jes]tie in your Highnes Court of Requestes ther to answere to the premisses and further to \.....&/ revoke suche order and direction tuchinge the pre/misses as your Highnes said court shall seme best to awarde withe equitie and good conscience and your said subiecte shall dayly pray to almightie God for the preservacion of your ma[jes]tie in all honour and felicitie longe to continue.

The answer of William Gomeldon

xi Die November Ao Rne Elizabeth xxiiii

The Annsweare of Will[ia]m Gomeldon Gent. Def[en]d[an]t to the Byll of Complaynte of John Walrond gent. Complayn\a/nte. The sayde Defendt. sayeth that the sayde complt. ys suche A p[er]son as hathe had not good Gardment of hymself, And by his disorderly dealynges hathe not onely wasted and consumed all suche Stock / and Substance as was lefte unto the sayde Complt. by his father, But also hathe byn very chargeable unto thys defendannte, on whome this Defendannte did bestowe good Alloweannce, after suche tyme as the / sayde Complt. had wasted and consumed hys owne stock hopeinge still that thys Defendt. should have taken greate comforte therof, And that the saide Complt. woulde have proved A studyent at the com[m]on lawe beinnge Admytted in one of the Temples neare London, w[hic]h hope the saide Complt. hathe frustrated, And as to the Imprisonment w[hic]h the said complt. suffered at this Defendts. suyte and / to the Agreement & conclusion, which paste Betwene the said Complt. and this Defendt. upon the releace & discharge of the said complt. oute of the said imprisonment, The saide Defendt. for Answeare sayeth that aboute three or fower yeares nowe laste paste, the certeyntie wherof this defendt. nowe remembreth not, The said Defendt. by Reason of some affayres and Business in Lawe at the Tyme aforesaide / happened to be at London at which time the said Complt. was then in greate disorder, wante & dystresse which this Defendt. beinge brother unto this Complt. of the mothers side was sorie to see, and upon the / requeste & Intreatie of the said Complt. & upon the p[ro]myse of the said Complt. then made to this defendt. that he woulde reforme his course of lyfe, beinge before very dysordered and that he would from / thensfourthe become a newe man, this Defendt. did therupon satisfie & paie some of the said Complts. debt[es] and did bestowe and provide certeyne apparral on the said complt. & lefte him some money in his purse / and hopeinge to have founde good dealinge at the said complts. hand[es] before this defendts. then dep[ar]ture from London he the Defendt. putt the saide Complt. in truste to receive for him & to his use at a countryman's land[es] of this Defendt., the some of fortye pound[es] in money & that though the said complt. sholde paye & deliv[er] unto one James Sharrock gent. then a Deputy Receavor of the Countie of Wiltes the / some of ten pound[es], and to one John Webbe gent. the some of Twenty pound[es] & to one Thomas Sayntebarbe gent the some of Ten pound[es] residewe, which the said complt. did faithfully promise to / receive & paie accordingelye, which some of fortie pound[es] the said complt. did afterwards receive accordingly, & though did satisfie & paie unto the Aforesaid James Sharrock the some of ten pound[es] according / to this Defendts. appointement., & to the thirtie pound[es] residewe of the said some of fortie pound[es] or anie p[ar]te therof the said complt. did not paie, accordinge to this defendts. appoyntment. But the said complt. / uniustly did detayne the same in his owne land[es] & very fondely and Idelly wasted & consumed the same, & fell agayne to his fonde & folishe trade of life, & devysed & practysed howe & by what meanes / he mighte trouble & discreditt as well his owne naturall mother as this defendt., who at one tyme exhibited A verie slaunderous unnaturall & untrewe Informacon to the quenes Ma[jes]tie agaynst his owne mother & this defendt., And the like informacon at an other tyme to Mr Secretary Walsingham agaynste this defendt. by which meanes this defendt. hathe byn putt to greate trouble, charg[es] & expenc[es] which dealing[es] / & doing[es] of the said complt., did Drawe & enforce this Defendt. to seeke to have his owne at the saide complts. hand[es]. And to bringe the said complt. to be the more quieter, & to that ende & / purpose, this Defendt. sued the said complt. to have an accompte of the aforesaid some of forty pound[es], in which suite after an untrewe & insufficient plea pleaded by the said complt. the said / Defendt. was adiudged to accompte with the said complt. in which suite the said complt. yelded himself pryson[er] unto the king[es] Bench, without enforcement of this Defendt. & theare remayned of his owne will, & soughte still, by what meanes he coulde, to vexe and trouble this Defendt. As well by sueinge this Defendt. in the King[es] Benche, as in the courte of / Chancery, for suche thing[e] as this Defendt. had before boughte of the saide Complt. at a harder rate & price than an other, beinge a more straynger to the said Complt. than this Defendt. / was, shoulde have payed for the same. And which wronges and Iniuries this Defendt. was contented and did yelde to putt uppe at the said Complts. hand[es] And at the Requeaste of a kinsman / of the saide Complts. & for naturall love and affection which this Defendt. did still beare to the said complt., he this Defendt. did yelde & Release the said complt. out of pryson & payed suche ..... / & fees as the said complt. or his keeper Did demannde to have, to sett the said Complt. at liberty. And the said Defendt. did fourthewith provyde & allowe unto the said Complt. certeyne / apparrell fitt & convenient for the complts. degree, and gave the complt. money in his purs toward[es] his expenc[es] for a season untill the said complt., or suche freind[es] as the said Complt. / did then relye on, mighte place the said complt. in service, And yt was further Agreed that this Defendt. sholde shortely after sende unto one James Walrond Gent. A Freinde & kinsman of the said Complts., to & for the said Complt. & for his Relief three or fower pound[es] in money, which this defendt. did shortely afterward[es] p[er]forme accordingely. At which time this Defendt. in hope of / Reformacon of the Complts. trade of life from that time fourthe to be had this Defendt. did then tell the said complt. that if the said Complt. coulde place himself in service with anie / man that this Defendt. woulde helpe him & be good to him, & that if he coulde not place himself in service, that then if the said Complt. woulde come bye at this Defendts. house in the / country for a time, he shoulde soe longe as he woulde be quiett & afterward[es] the saide Complt. came and laye with this Defendt. at his howse, and remayned aboute the space of one yeare / & mighte long[er] have stayed theare, if he woulde. At whiche saide Agreement & Releace of the said Complt. oute of pryson as ys aforesaid, It was thoughte good & advised by the Freind[es] of this complt. that weare p[re]sent at the communication of their Agreement (to this effecte) That whearas before thatt time the said Complt. by his Deede or Wrytinge under his hande / & seale, had demysed & granted his estate & tearme of yeares of & in the p[ar]sonage of Amesbury, & the tithes therto belonginge in the countie of Wiltes for the tearme of yeares, which the said John / Walrond had then theryn to come, for the yerely Rente of threscore & two pound[es] wherof was to be annswered & payed unto the Deane & Cannons of the Castle of Windsor beinge / lord[es] therof yerely the some of fortie pound[es] Dureinge the said Tearem, & that the Defendt. over & above the said Rent of lxii li was also to satisfie & paye Alice Wingham mother of / this Defendt. & of the said Complt. yerely dureinge the said Terme syxe pound[es] in money & fyve quarters of corne unto her soe devysed & willed by the late will & testament of Willm / Walrond deceased father of the said Complt. which rent of xxii li so remayeninge cleare to the said Complt., the said complt. had afterward[es] for the some of cvx li \or .... therabouts/ to the said Complt. / or others to his use payed & discharged by this Defendt. & for other consideracions Bargained & souled, remised & released to this Defendt. by his deede or Wrytinge und[er] his hand & seale for / that some of the p[er]sons which weare witnesses to the same were then ded & that the said complt. seemed to quarrel with this Defendt. in Lawe, contrary to his owne acte & deed[es], that for the better / maynetenance of this Defendts. tytle in & to the said p[ar]sonage & tythes therto belonginge meconed in the said Bill of Complaynte, & for the cuttinge off of all quarrells & suit[es] after that time betwene the said Complt. & this Defendt. that the said Defendt. sholde take a newe estate or leace of the said complt. of the said p[ar]sonage & tythes duringe the tearme of yeares then therin to come for the / yerely Rent of one pepper corne, & that the said complt. & Defendt. shoulde make gen[er]all releases the one to the other of and for all former quarrells, Actions & demannd[es], wherewith the said Complt. & / suche others as then did deale for the said Complt. weare made acquainted, & wrytinge beinge made betwene them accordingely, the said Complt. & his frende being bothe Studyent[es] at the lawe & / of understandinge did well like & allowe therof. And the same wryting[es] after suche tyme as the said complt. was sett at lib[er]tie weare signed sealed & deliv[er]ed by the p[ar]ties as their deedes in dewe / forme of Lawe, in the puce[?] of good Testimony, And forasmuche as this Defendt. hathe A gen[er]all Acquittance under the hande & seale of the said Complt. ready to be shewed to this honourable courte made to this / Defendt. upon the consideracion aforesaid, this Defendt. demandeth the Judgement of this honourable courte, wheather the said Complt. shalbe heare receaved to impleade this Defendt. for suche matt[er]s wherof the said / Complt. hathe releaced this Defendt. agaynste his owne Deede of Releace without that, that the said Complt. was sued, arrested & layed in pryson at the sute of the said Complt. [sic] in anie other mann[er] & / forme than before, in this answere is sett fourthe or to anie suche intent or purpose as in the said Bill of Complaynte is untrewly menconed Or that this Defendt. at suche tyme as the said Complt. was sett / at lib[er]tye did Agree to bestowe upon the said Complt. out of hande newe apparrell to the value of twenty mark[es] as in the bill of complaynte is untrewly alleaged. Albeit this Defendt. thinketh that he hathe bestowed / apparrell on the said Defendt. [sic] neare to the valewe of Twenty Mark[es] sythence the tyme of the deliw[er]ie of the said Complt. out of pryson Or that for any Consideracion in the Bill of Complaynte menconed, yt was / further agreed betwene the said complt. & Defendt. that the said Defendt. [sic] shoulde have vii li of lawfull Englyshe money of this Defendt. & have mayntenance of him for the tryall of the said complts. tytle for certeyne / Land[es] & Ten[emen]t[es], sytuate & lyinge in Andover & elswheare in the Countie of SouthH[ampshire] & that the said Complt. sholde be & remayne with this Defendt. at his howse at Porton in the Countie of Wilts. & theare to have / meate, Drincke & lodginge tyll this Defendt. had placed the said Complt. with a fytt & convenient M[aster] as in the said Bill of Complaynte is untrewly premysed And as to the Releace mencioned in the Bill / of complaynt made by the said complt. to the said John Brownejohn & Nicholas Wymbleton, this Defendt. sayeth that forasmuche as this Defendt. dyd knowe that the said Complt. did wrongefully vexe & sue the / said Defendt. upon the obligacion menconed in the Bill of Complaynte for that the said complt. was Before fully satisfied of the Duety which apperteyned to the said Complt. by the said obligacon, therfore this Defendt. / thoughte it reasonable & convenient that the said Complt. shoulde releace them of there bounde, The one of them beinge Unckle by the mothers syde to this Defendt. & to the said Complt. And / the other beinge but his surety as this Defendt. taketh ytt And without that that anye other matter or thinge materyall or effectuall in the said bill of Complaynte conteined worthie to / be answered unto, confessed & Abeyeed traversed or denied ys trewe All which matters the said Defendt. is ready to averr iustifye, maynteine & prove as this / honourabell Courte will Awarde And prayeth to be dismissed oute of the same, with his reasonable cost[es], expenc[es] & charg[es] by him in this behalf wrongefully susteyned.

The replication of John Walrond

xxxi die Januarii anno Regnie Elizabethe xxv

The Replicac[i]on of John Walrond gent complainant to the Annswer of Will[ia]m Gomeldon gent deffendant
The sayd complt. saieth that his sayd Bill of complaint certeine true & sufficient in the lawe to be annswered unto / and dothe & will averr justifie maintaine & p[ro]ve all & eny the matters & things therin conteined to be very true & iuste in suche / mann[er] & forme as in the said bill they are truly sett forthe complained of & declared And for Replicacion saiethe that / true it is that he the saide complt. was sued arrested & layed in p[ri]son by the meanes & p[ro]curement of the said defendt. / to thintent to ympov[er]ishe hinder & delay the said complt. of his lawfull acc[i]ons & suites which he was & is to use against / the said defendt. & others, and to the intent also that he the said complt. shuld releas all his right & title which he had of & in / the Rectorie & p[ar]sonage mencioned in the said bill of complaint as in the said bill of complaint is truly alledged For the said complt. / saiethe that he did demise & grant by Indenture bearinge date the xxvii th of November in the xvi th yere of the quenes ma[jes]t[es] / Raign [27 Nov 1573] that nowe is the forsaid Rectorie & p[ar]sonage to the said defendt. for \&/ duringe certein yeres yet to come paieinge th[ere]fore to / the said complt. the yerely Rent of lxii li & to the said Alice Wingham mother & ioint exec[u]tor to & with the said complt. of the said / last \will/ & testament mentioned in the said answer six pound[es] yerely & five quarters of corne as in and by the said Indenture & last / will more at large it dothe & may appeare which said mony & corne was not to her paied since the saide rectory & p[ar]sonage came / to the handes & posession of the said defendt. accordinge to the true intent & meaninge of the said last will & testament of the said Will[ia]m / Walrond & purporte of the Indentur aforesaid And further the said complt. saiethe that true it is that the said defendt. did p[ro]mise unto the / said complt. to bestowe on him apparell to the value of xx tie m[ar]ks & also vii li in mony & maintenance for the triall of his said suite / for certein lande in Andov[er] in the Countie \of/ Southt. for the consideracons ment[i]oned & exp[re]ssed in the said bill of complaint as in the said bill / is truly alledged without that that the said complt. hath consumed & wasted all his stocke & substance which was lefte unto him by / his said father or that he hath been chargeable to the sayd defendt. or that the said complt. did exhibit any slaunder and unnaturall & untrue / informacone either to the Quenes Ma[jes]tie or to Mr Secretarie Walsingham againste the said defendt. or against his said mother or that the / said defendt. hath been put to great troble charges & expences with doeings & dealings of the said courts as in the said answer is most / slaunderouslie alleged And without that that the said complt. did receive the some of xl li by the appointement of the said defendt. in wych / mann[er] then nowe after is declared or that he doth deteine in his custodie any p[ar]cell of the said somme as in the answer also is untruly / alledged but the said complt. saithe that he did receve the some of xl li & paied x li th[er]of to one James Sharrocke by the appointement / of the said defendant & the xxx li residue he the said complt. did receve and dothe detein and kepe in leiwe & satisfaction of p[ar]cell of his said rent / for the said Rectorie & p[ar]sonage as aforesaid without that that the said complt. did for the some of clx li or more th[er]about[es] by his dede or / writinge under his hand & seale bargaine sell remise & releas unto the said defendt. the said rent of xxii li mencioned in the said answer / as in the same is untruly alledged without that that the said new leas & writings which were made by the said complt. at his releas out / of p[ri]son were sealed & deliv[er]ed by the said complt. in anie forme of lawe as in the said answer is untruly alledged but only by / the undirect practise of the said defendt. as in the said bill is declared. And without that that any oth[er] matter or thinge in the said answer / materiall or effectuall to be replied unto & not in this Replication sufficientlie confessed & avoided tran[er]sed or denied is true All which matters the said complt. is redie & willinge to averr & p[ro]ve as this moste Ho[nourable] Court shall awarde And / humbly praiethe as he before in his said bill hath praied.

The rejoinder of William Gomeldon

The reioyender of Will[ia]m Gomeldon gent defendant to the replication of John Walrond complainant / the said defendt. saithe in all and eny thinge and thing[es] as he before in his said annswere hathe said and dothe and will /aver iustifie maineteine and p[ro]ve his said Annswere and all and eny thinge and thing[es] therin conteined to be good / Juste and true in suche mann[er] and forme as in the said Annswere is very truly set fourthe and alledged with that / that the said complt. hathe consumed and wasted all his stocke and substance which was lefte unto him by his / said father and besides hathe bin very chargeable unto this defendt. as in this defendts. annswere it is very / truly set forthe and declared with that alsoe that the said complt. did exhibite sev[er]all slaundrous unnaturall / and untrue informations aswell to the quenes moste excellent ma[jes]tie as to the right hon[our]able S[ir] Fraunces / Walsingham againste this defendt. and against the said complts. and this defendts. mother And that the / said defendt. hathe bin therby and by the indirecte and foolishe doing[es] and dealing[es] of the said complt. put to / very greate truble charges and expenses as in the said annswere itt is most truly set forthe and / declared And with that that the said complt. received the some of forty pound[es] by the appointem[en]t / of this defendt. to be employed disbursed and paid in suche mann[er] & forme and for suche uses entents & / p[ur]poses as in the said annswere is moste truly set forthe and alleaged of which some of forty poundes / the said complt. deteined and kepte in his hande[es] the some of thirtie poundes to the greate losse / hinderance and discredit of this defendt. as in this defendts. annswere is very truly set forthe and / declared And that the said complt. for the some of clx li or there aboutes did by his deede and writinge / und[er] his hande and seale remise and release unto the said Defendt. the said rent menc[i]oned in the said defendts. / anns[wer] in suche mann[er] & forme as in the said annswere is truly and plainely set forthe and declared And / that the said newe lease and writinges afterward[es] made by the said complt. to this defendt. weare / made signed sealed and deliv[er]ed in forme of lawe and in suche sorte mann[er] and forme as in the said / Annswere it is very truly set forthe and declared Withouth that that the said complt. was arrested sued / and imprisoned by the p[ro]cureme[n]t of the said Defendt. to the entente to impov[er]ishe hinder and delaye the / said complt. of his lawfull accions and suites which he was or is to use againste the said Defendt. and / others Or to the entente that the said Complt. shoulde release all his right and tytle of and in the said Rectory / and p[ar]sonage mencioned of in the said Bill and replicacion as in the said bill and replicacion it is very untruly / and solaunderously imagined and alleaged. Or to any other entente or p[ur]pose or for anie other cause then in this defendts. / Annswere it is truly set forthe and declared And without that that there ys anie rent or other thinge behind / or unpaid, reserved or due by this defendt. to be paid either to the said complt. or to the said Alice Wyngham / their mother whearfore this defendt. hathe not sufficient and lawfull discharge as well from the said defendt. / as from the said Alice Wyngham Or that this defendt. for anie Consideracion in the bill of complt. or Replicacion / mencioned ever promised the said complt. to give or bestowe app[ar]ell on the said complt. to the value of xx m[ar]kes / or seaven pound[es] in money or maintenancie for the triall of the complt[es] suite for c[er]taine land[es] / in Andover in the County of Southt. as in the said bill of Complaint and replicacion it is very untruly / imagined mencioned and axpressed Albeit shortly afterward[es] this Defendt. did pay give and bestowe on to or for the said / complt. in money apparrell and other thinges to the value of x li or more and received the said / complt. into this Defendts. howse and there gave unto him enterteinment by the space of one halfe / yeare and more where he might have longer remained if he had used him selfe in anie reasonable / or orderly sorte within which time this defendt. did what in him laye to have placed and bestowed / the said Complt. in service And without that that anie other matter or thing \not ...../ in the said replicacion / conteined worthie to be reioyned unto and not in this reioyneder already sufficintly rejoyned unto / confessed & avoided traversed or demysed is true all which matters this defendt. is ready to iustifie / aver maineteine and prove as this hon[our]able Courte will award and prayeth in all & ev[er]y thing / and thing[es] as he before in his said Annswere hathe prayed.

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