MRP: C10/12/128 f. 2

C10/12/128 f. 2

Editorial history

18/10/11, CSG: Created page

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Abstract & context

Tobell Aylmer and Thomas Sparkes, two of the defendants to Anne Valentine's bill of complaint (C10/12/128 f. 1), make their answers in 1658 the Court of Chancery.

Aylmer acknowledges receiving rents for the messuages identified by Anne Valentine and paying these rents to Thomas Valentine and his mother during Thomas minority. At Thomas' coming of age Aylmer and Thomas Valentine drew up accounts, agreeing that Thomas Valentine was £350 in debt. In lieu of repayment in money Thomas Valentine agreed to make the messuages identified by Anne Valentine over to Aylmer.

On Thomas Valentine's failure to do so Aylmer had him arrested, and following a trial before the Lord Chief Justice Rolle (in the court of the then King's Bench), Thomas Valentine was committed to the prison of the then King's Bench in Southwark, Surrey. Aylmer alleges that Thomas Valentine escaped from the prison, rather than dying in prison, as Anne Valentine had alleged.

Aylmer goes on to deny receiving any rents, issues or profits from the messuages subsequent to Thomas Valentine coming of age and also denies that he has any deeds or other documents of title in his hands relating to the messuages. He states that he has not acted in combination or confederation with any or all of the other defendants.

Thomas Sparkes states that he is a tenant of Black Raven Alley, one of the messuages identified by Anne Valentine, under a lease first made with Tymothy Hollingshead. He has paid all due rent to Thomas Valentine with the exception of the last quarter. He denies acting in combination or confederation and also denies that he has any deeds or other documents in his hands relating to his or other properties. He states that he has neither caused damage to the property nor has he sold timber belonging to the property.

Both defendants ask for the bill to be dismissed.

Transcription

//XXXX//
//1658//

//The joynt and severall Answeares of Tobell Aylmer and Thomas Sparkes two of the defd:ts to the Bill//
//of Comp:lt of Anne Valentine Comp:lt//

//The said Deff:ts saving and referring unto themeselves both now and att all tymes hereafter all advantages and//

//benefitt of excepcon to the incertainty and insufficiency of the said Comp:lts Bill for a full & pfect Answeare thereunto//

//or unto soe much as anyway concerneth these def:ts to make Answeare unto they say And first the said Tobell//

//Aylmer for himselfe saieth That he did for sometyme in the mynority of Thomas Vallentine the Comp:lts husband//

//receave the Rentt of the howses in the Bill menconned for the use of him the said Vallentine and his mother//

//being then of theire yearely vallue of ffifteene pounds and tenn shillings or neerethereabouts and the ?w:ch def:ts did//

//from tyme to tyme pay unto him the sayd Vallentine and his said Mother by the direccon all the Rents soe by him//

//this def:t receaved And this Def:t saieth that within short tyme after his the said Thomas Vallentine//

//coming to age he this Def:t and the said Valentine accompted togeather and upon that accompt the said Valentine//

//was indebted to him this Def:t in the some of 350:li or neerethereabouts and that he the said Valentine pmmised to//

//make over unto this Def:t the howses in this Bill menconned but he faileing to doe it this Def:t caused him to be//

//arrested for the money due to this Def:t as aforesaid and upon Tryall had before the Lord Cheif Justice Rolle//

//haveing Judgment thereupon this Def:t caused the said Valentine to be comitted in Execucon to the to the Custody//

//of S:r John Lenthall^[1] mshall of the Prison then called the Kings Bench with whome the said Valentine//

//remayned a prisoner for some tyme till the mshall suffered him to make an escape And this Def:t denyeth//

//that he received any Rents or proffitts of the said howses or any of them during the tyme of his the//

//said Valentines imprisonment nor att any other tyme since he the said Valentine came to full age XXX XXX//

//did he the said Valentine in this life nor any other pson convey and assure unto and in the name of him this Def:t//

//any estate in the said howses or any of them And this Def:t denyeth all combinacon and confederacy with the other//

//Def:ts in the Bill named to share and divide the Rents & Proffitts of the p:rmisses And this Defd:t denyeth that he hath//

//in his Custody any of the Deedes Evidences or writings concerning the p:rmisses or the p:lts title thereunto And this//

//Def:t Thomas Sparkes for himselfe saieth That he is ?Tennte to one of the Tenem:ts in Black Raven Alley^[2] &//

//payeth yearely 3:li 10:s and hath Eleaven yeares to come in his Lease made by Tymothy Hollingshead^[3] & his//

//wife and that this Def:t hath paid all his Rent unto the said Thomas Valentine in his life tyme untill Mchmas//

//last soe that this Def:t now oweth one quarters Rent due at X:pmas last w:ch this Def:t is ready to pay to//

//such as have right thereunto deducting taxes out of the same And this Def:t denyeth that he hath any of the//

//deedes Evidences or writings concerning the p:rmisses or the p:lts title thereunto And this Defd:t denyeth all//

//combinacon and confederacon with the other Defd:ts in y:e bill named to share and divide y:e Rents & proffitts of y:e p:rmisses//

//amongst themselves And these Defd:ts severall deny that they have done or comitted any wast or spoilye upon the//

//P:rmisses nor have pulled downe or sould any of the Tymber belonging to the p:rmisses ?W:thout that any other//

//matter or thing in the said Bill of Comp:lt conteyned materiall or effectuall in the Lawe for these defs:ts to make answeare//

//unto & not herein or hereby well & sufficiently answeared unto confessed or avoided ?traversed or denyed are true All//

//w:ch matters & things theis Defd:ts & either of them is ready to averre & prove as this hono:ble Court shall award XXX//

//and humbly prayeth to be from hence dismissed w:th their reasonable Costs and Charges in this behalfe XXX//

//most wrongfully susteyned//

//Hen Proctor^[4]//

Notes

See: "Tobell Aylmore.//26 March 1650.E.W. 28 42. Information that when in London, he furnished Hollingshead Valentine with money to go to the King's quarters, corresponded with him, and supplied him with 200l.; and after his death, sent his brother Thomas to the army, and supplied him, and harboured and concealed him. Also that he went to the enemy's quarters at Brentford, and sent moneys to Oxford when a King's garrison. Vol. A. 22; No. or p. 30//17 June 1651. Information to like effect Vol. A. 22 139; No. or p. 223 156"^[5]

IGI: "Hollinshed Valantyne: Christening; 01 December 1621 St. John, Hackney, Middlesex; Father: Thomas Valantyne; Batch no. C042151"

IGI: "Tymothie Hollingshed: Christening; 05 November 1570 St. Margaret Pattens, London; Batch no. C021662"

Tymothy Hollingshead was just possibly a haberdasher of Clewer, Berkshire, who died ca. 1637.
See PROB 11/173 Goare 1-58 Will of Timothy Hollingshead, Haberdasher of Clewer, Berkshire 13 January 1637

Potential primary sources

A list of all the prisoners in the Upper Bench prison remaining in custody the third of May, 1653: delivered in by Sir John Lenthall to the committee appointed by the Councell of State, for examining of the state of the said prison, with the times of their first commitment, and the causes of their detention : and also the substance of the propositions made by the committee to the prisoners, with their answer thereunto (London, 1653)

↑ Care is needed to distinguish several Sir John Lenthalls in this period. See John Lenthall, The Case of Sir John Lenthall Knight, Marshall of the Upper-Bench Prison Humbly Presented to Those in Authority and to All Rational and Indifferent Men (London, 1653). The House of Lords Journal contains a remarkable account of a riot outside the King's Bench prison, Southwark, in early 1642, which led to an assault upon the prison, the flight of Sir John Lenthall and his son Thomas, and the subsequent besieging of Sir John's house in Southwark. See 'House of Lords Journal Volume 4: 4 March 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 624-625. URL: http://www.british-history.ac.uk/report.aspx?compid=35794 Date accessed: 18 October 2011. See also PROB 11/330 Coke 57-107 Will of Sir John Lenthall of Southwark, Surrey 22 May 1669
↑ Tobell Aylmer's will, written in XXXX, mentions "my five little houses in Blacke Raven Alley in Chree (sic) church prsh" (PROB 11/312), however, these are not mentioned in Aylmer's inventory of 1664 (PROB 4/7909). Thomas Sparkes in his answer to Anne Valentine's bill of complaint makes no mention of Tobell Aylmer owning the tenement in Black Raven Alley in which he lived (C10/12/128 f. 2), and Aylmer in his answer had stated that Thomas Valentine had agreed to the transfer of all the messuages and tenements listed by Anne Valentine in her bill if complaint, but had then failed to make the transfer
↑ Tymothy Hollingshead was just possibly a haberdasher of Clewer, Berkshire, who died ca. 1637. See PROB 11/173 Goare 1-58 Will of Timothy Hollingshead, Haberdasher of Clewer, Berkshire 13 January 1637
↑ Anne Valentine's lawyer Henry Proctor was possibly Henry Procter of the Middle Temple. See London Metropolitan Archive: ACC/0132/146: Stanwell, Bedfont: Deed of covenant, 1654. In this deed of covenant the second party is "Henry Procter of the Middle Temple, esq." A Henry Procter together with a Gilbert Yard argued a dinner case in the Christmas vacaction, 1640, in Middle Temple. See The publications of the Selden Society, vol. 105 (?London, 1990), p. xciv, fn. 127. See also PROB 11/373 Drax 52-101 Will of Henry Procter, Gentleman of New Inn, Middlesex 07 May 1683
↑ Mary Anne Everett Green (ed.), 'Cases brought before the committee: March 1650', Calendar, Committee for the Advance of Money: Part 3: 1650-55 (London, 1888), pp. 1203-1221. URL: http://www.british-history.ac.uk/report.aspx?compid=59424 Date accessed: 09 October 2011

[1] Care is needed to distinguish several Sir John Lenthalls in this period. See John Lenthall, The Case of Sir John Lenthall Knight, Marshall of the Upper-Bench Prison Humbly Presented to Those in Authority and to All Rational and Indifferent Men (London, 1653). The House of Lords Journal contains a remarkable account of a riot outside the King's Bench prison, Southwark, in early 1642, which led to an assault upon the prison, the flight of Sir John Lenthall and his son Thomas, and the subsequent besieging of Sir John's house in Southwark. See 'House of Lords Journal Volume 4: 4 March 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 624-625. URL: http://www.british-history.ac.uk/report.aspx?compid=35794 Date accessed: 18 October 2011. See also PROB 11/330 Coke 57-107 Will of Sir John Lenthall of Southwark, Surrey 22 May 1669

[2] Tobell Aylmer's will, written in XXXX, mentions "my five little houses in Blacke Raven Alley in Chree (sic) church prsh" (PROB 11/312), however, these are not mentioned in Aylmer's inventory of 1664 (PROB 4/7909). Thomas Sparkes in his answer to Anne Valentine's bill of complaint makes no mention of Tobell Aylmer owning the tenement in Black Raven Alley in which he lived (C10/12/128 f. 2), and Aylmer in his answer had stated that Thomas Valentine had agreed to the transfer of all the messuages and tenements listed by Anne Valentine in her bill if complaint, but had then failed to make the transfer

[3] Tymothy Hollingshead was just possibly a haberdasher of Clewer, Berkshire, who died ca. 1637. See PROB 11/173 Goare 1-58 Will of Timothy Hollingshead, Haberdasher of Clewer, Berkshire 13 January 1637

[4] Anne Valentine's lawyer Henry Proctor was possibly Henry Procter of the Middle Temple. See London Metropolitan Archive: ACC/0132/146: Stanwell, Bedfont: Deed of covenant, 1654. In this deed of covenant the second party is "Henry Procter of the Middle Temple, esq." A Henry Procter together with a Gilbert Yard argued a dinner case in the Christmas vacaction, 1640, in Middle Temple. See The publications of the Selden Society, vol. 105 (?London, 1990), p. xciv, fn. 127. See also PROB 11/373 Drax 52-101 Will of Henry Procter, Gentleman of New Inn, Middlesex 07 May 1683

[5] Mary Anne Everett Green (ed.), 'Cases brought before the committee: March 1650', Calendar, Committee for the Advance of Money: Part 3: 1650-55 (London, 1888), pp. 1203-1221. URL: http://www.british-history.ac.uk/report.aspx?compid=59424 Date accessed: 09 October 2011

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MRP: C10/12/128 f. 2

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