MRP: C10/12/128 f. 1

C10/12/128 f. 1

Editorial history

18/10/11, CSG: Created page

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Suggested links

See C10/12/128 f. 2
See C10/12/128 f. 3

See biographical profile of Tobell Aylmer

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Abstract & context

Anne Valentine, the widow of Thomas Valentine, complains that she has been denied the rents to a number of messuages and tenements in Katherine Wheele Alley in the parish of St. Sepulchre and in Leadenhall Street, London, to which her husband had due title, and which she claims her husband settled on her at their marriage.

She states that Tobell Aylmer was the guardian to her husband during his minority, and that, during her husband's minority, Aylmer received the rents, issues and profits of the premisses. She alleges that Aylmer, at the coming of age of her husband, ensnared her husband in a series of onorous bonds and entrapped him into acknowledging great debts to Aylmer.

On alleged failure to pay these debts, she alleges that Aylmer had her husband imprisoned, and that her husband died a prisoner. During Valentine's imprisonment she alleges that a John Dansie, Thomas Valentine's mother, and others, including Tobell Aylmer, combined and confederated to share the rents, issues and profits of the tenements, refusing to pay her or her husband their due rents etc.

Furthermore, she alleges that the defendants neglected the tenements which were reduced to ruin and decay.

She asks for relief in equity and good conscience in the court of Chancery, since she is remedyless in the Common Law, being without the deed of lease, or any details of the lease, which she alleges is in the hands of Aylmer or others.

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Transcription

//To the righte honor:ble the Lords Commisssion:ers for the Custody of//
//the greate Seale of England//

//In all humble manner complaining shewth unto yo:r Lo:pps yo:r Oratrix Anne Vallentine of S:t Giles in the feilds in the county of Midds widd, the Relict of//

//Thomas Vallentine gentl deceased That whereas the said Thomas Vallentine yo:r Oratrix's deceased husband was in his Lifetime seized in his demesne as of ffee//

//amongst other Messuages Landes and Tenements of and in two Messuages or Tenements scituate lyeing and being in Katherine Wheele Alley in the parish of S:t//

//Sepulchre London And alsoe of and in two other Messuages or Tenements lyeing in Leaden Hall street London which foresaid Messuages or Tenem:ts//

//with theire app:tennces were of the cleere yearely vallue of eightie pounds And he the said Thomas Vallentine being soe of the said Messuage and Tenements//

//as aforesaid seized did upon his Marriadge with yo:r Oratrix settle convey and assure the aforesaid Messuages and Tenements unto and upon certaine feeoffees in//

//trust to the ?uses intents and purposes hereafter followeing (that is to say) to the ?use of him the said Thomas for and during the tearme of his naturall Life and//

//from and after his decease then to use of y:e said Oratrix for and dureing the tearme of her naturall life & from & immediately after y:e death of yo:r ?Oratrix & this is Thomas then to y:e use & behoofe of the heires ?betwixt them lawfully begotten & in trust of ?their ?yssue then to the use & behoofe of yo:r Oratrix her heires and Assignes for ever as by the deed evidences and writeings to that purchase made and//

//remaineing and being in the custody and person of some of the parties mentoned more fully it doth appeare Yo:r Oratrix further sheweth that before her//

//intermarriadge with her said deceased husband and during his Infancy one Tobell Aylemer of the parish of [left blank by scribe in original document] London Tayler (sic) was Tutor and guard//

//to the said Thomas Vallentine and had the sole management and disposeing of all and singular his estate and tooke and released the rente yssues and proffits//

//thereof and alsoe gott into his hands and posson all the deeds evidences and writeings w:ch concerned the premisses And after y.e said Thomas Vallentine had newly attayned his//

//full age of one and twenty yeares most craftily drew him the said Thomas into sewall bonds of great penalties and to confesse and acknowledge uppon some accompt or reckonings btwixt them that he the said//

//Thomas Vallentine was and stood indebted unto him the said Aylemer in severall great summes of moneyes and caused the said Thomas Vallentine to be arrested and imprisonned, where he continued untill the time of his death//

//And in the meane time combined and confederated w:th Josias Walter Thomas Sparkes and Anne Saywell widd and other of the Tenants who held and enioyed the premisses at and under certaine yearely rents and//

//with one John ?Dansey who pretended to have some mortgage or other estate made unto him of the premisses by the said Thomas Vallentine in his life time before the settlement of the premisses in manner//

//afores:d And alsoe with Dorathy (sic) the wife of [left blank by scribe in original document] and mother of the said Thomas Vallentine deceased who likewise p:rtende to have some Interest thereunto and under colour//

//thereof did for and during all the foresaid time of the said Thomas Vallentines imprisonment share and devide the proffitts of the foremenconed premisses amongst themselves alloweing//

//noe thing at all out of the same towards his liveliwood (sic) and maintenance and as yet have and Ritayne in theire hands severall summes of moneyes and rents which grow due and payable and//

//of the same [the words same appears to be struck out] premisses amounting to a great vallue unaccountable for: and they the foresaid parties or some of them pulled downe and sould great parte of the timber belonging//

//to the foresaid Tenements and committed and suffred much wast and spoyle therein, in soe much that the foresaid Messuages and Tenements are exceedingly ruinated, and//

//decayed, and ready to fall to ground through want of necessary reparations: And the said Walter, Sparke and Saywell refuse to pay your Oratrix the rents out of//

//the premisses due: he the said Sparkes given out in speeches that yo:r Oratrix shall never receave one penny thereof from him, but he will spend double the worth of the Tenements//

//which he houldeth before he will pay penny thereof, giveing many XXXXX and abusive tearmes and speeches to yo:r Oratrix, and threatneth her with multiplicity of suites//

//and accons for ?touching uppon the grounds to demand her right and he the said Sparkes and other the foresaid Tenants well knoweing that yo:r Oratrix can not sett forth her title to the//

//premisses for want of the foresaid deeds and evidences which are and remaine in his the said Aylemers hands and custody as aforesaid And though he the said Aylemer well//

//knoweth that the foresaid deeds evidences and writeings doe solely and properly belong unto yo:r Oratrix yet he refuseth to deliver the same to yo:r Oratrix, though//

//yo:r Oratrix hath used all possible meanes for the gaineing thereof both by persuasion and mediation of freinds and otherwise, whereby she might be enabled to make her//

//iust claime and title to the premisses, to yo:r Oratrix's great wrong and damadge In tender consideratton whereof, and for that yo:r Oratrix hath noe meanes by the strict//

//rules of the common Lawe for recovery of the foresaid rents or to compell the Tenants to pay the same for want of the foresaid deeds wherby to make and ?devise her//

//title thereunto nor can yo:r said Oratrix by the strict rules of the common Lawe compell the said Aylemer to deliver up the said writeings for that she knoweth not the//

//certaine number dates or contents thereof and soe remedies touching the premisses if not in Equity in the honorable court by y.e Lo:pps releaved To the end that the//

//said Tobell Aylemer, Josua Walters, Thomas Sparkes, Anne Saywell John Dansey and Dorathy the now wife of [left blank by scribe in original document] whose name yo:r Oratrix can not//

//yet discover but prayeth my be inserted herein when yo:r Oratrix can discover the same may fully XX from the premisses, and may be compelled upon theire corporall//

//Oathes to sett forth particularly what right are XXXX XXXX tearme of yeares clayme XXXX they or any of them have in the premisses or any parte thereof and under//

//whome and for what consideration, and how in pticular, and when, and to XXXXXXXXand in what manner payd or ?returned to be paid; and what rents the said Sparkes Saywell//

//and Walters or either of them have at any time paid and to whom, and when they paid the same and what timber they or either of them have sould or otherwise//

//disposed of, which belonged to the premisses and to whome, and to what vallue: And that the said Aylemer may likewise sett foorth what deedes evidences and writeings he hath now in his hands//

//or custody or ever had, or any other to his use how have or had concerneing the premisses or any parte thereof, and wherefore he deteyneth the same from yo:r//

//Oratrix: And to the end that the said Tobell Aylemer may be likewise compelled to deliver up the said deedes and writeings to yo:r Oratrix  ?faire and uncancelled//

//and yo:r Oratrix in all things according to equity be released May it please yo:r Lo:pps the premisses considered to grant to yo:r said Oratrix yo:r hono:ble writ of Subp: to be//

//directed unto them the said Tobell Aylemer, Josua Walters, Thomas Sparkes, Anne Saywell, John Dansey and Dorathy [left blank by scribe in original document] the wife of [left blank by scribe in original document] commanding//

//them and every of them at a certaine day and under a certaine paine therein to be lymitted and appointed to be and personally to appeare before yo:r Lo:pps in the high court//

//of Chancery then and there to answer the premisses upon theire corporall Oathes, and alsoe to abide such further order and directions herein as to yo:s shall seeme to//

//?it and with equity and good conscience, and yo:r Oratrix shall praye xr://

//?Wall [Lawyer's name]//

//Edw: Freeman [Lawyer's name]//

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Notes

The Katherine Wheele, near Holbourne Conduit, St. Sepulchre, 1617

Wills proved & enrolled in the Court of Husting, London

"[Anno 15 James I, 1617] Monday next before the Feast of S. James, Apostle (25 July)],
Hollinshed (John), draper....To Timothy, another son of the aforesaid William, a messuage called "the Katherine Wheele," near Holbourne Conduit, in the parish of S. Sepulchre, in fee"

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Katherine Wheele alley, Holborn Cross Street, St Sepulchre, Fire Court

"...The petition stated that the petitioner held a lease of two messuages in Katherine Wheele Alley in Holborn Cross Street, parish of St. Sepulchre, from Tobell Aylmer, citizen and draper, for 22 years yet to come at a rent of £10 p.a. and had built one tenement on a plot of ground lying before the said messuage, the premises..."

No leases of messuages or tenements in Katherine Wheele Alely, St. Sepulchre, are mentioned in Tobell Aylmer's inventory, 1664

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Katherine Wheele Ally, St. Leonard Shoreditch, Hearth tax, 1666

"halfe way to Islington

John Hodges Total hearths 4

Katherine Wheele Ally

Wm. Howgrave Total hearths 3

Kings head Yard

Joseph Hatley Total hearths 4
John Holley Total hearths 2"

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George and Catherine Wheel Alley, Bishopsgate Ward without, Harben, 1918

"George and Catherine Wheel Alley

East out of Bishopsgate at No. 260 (P.O. Directory). In Bishopsgate Ward Without.

First mention : Lockie, 1810.

Other names : "George Wheel Alley" (O.S. 1875 and 1880). "Catherine Wheel and George Yard," "Katherine Wheel and George Alley" (O. and M. 1677-Boyle, 1799). "Rose Alley" (Rocque, 1746).

In P.C. 1732 there are two courts here out of Bishopsgate named "Catherine Wheel court" and "George yard" respectively, and it is probable that different portions of the court were known originally by the two distinct names, and that in course of time one or other of the names began to be used for the whole court, and finally the two were used together as one name.

There was an inn of the same name here (Lockie, 1810)"