MRP: C10/12/128 f. 3
C10/12/128 f. 3
Editorial history
18/10/11, CSG: Created page
Suggested links
See C10/12/128 f. 1 (Bill of Complaint of Anne Valentine, widow of the deceased Thomas Valentine)
See C10/12/128 f. 2 (Answer of Tobell Aylmer and Thomas Sparkes, two of the defendants to Anne Valentine' Bill of Complaint)
See biographical profile of Tobell Aylmer
To do
Abstract & context
Josua Walter, one of the defendants to the bill of complaint of Anne Valentine (C10/12/128 f. 1), makes his answer, stating that he is a tenant at will in one of the tenements mentioned in the bill of complaint, near Holborne conduit.
According to Walter, Thomas Valentine was seized of the messuages listed in the bill of complaint, but that on Walter's tenement Thomas Valentine granted a mortgage to the defendant John Dansie, and that by a lease of eiectment the due title came to John Dansie, to whom Walter then did atturne and subsequently pay his rent.
The rent was paid correctly, with allowance being granted for the costs of repairs to the tenement and for parliament taxes. Subsequently a further lease of eiectment was issued to Constance Baker, a widow, who claimed an annuity chargeable against both Walter's tenement and the other tenements mentioned in Valentine's bill of complaint. As a consequence Walter has atturned to Baker.
Walter claims no knowledge of any settlement of the tenements by Thomas Valentine on Anne at his marriage. He acknowledges that Tobell Aylmer was the guardian of Thomas Valentine in his minority, but denies any combination or confederacy with Aylmer and the other defendants to the action to share and divide the rents, issues and profits of the tenements. He denies having any knowledge or possession of any deeds, evidences, or writings relating to the tenements.
Transcription
//XXXXXX the 8:th day of Dec 1651//
//[Unreadable signature] ??Roh AylXr//
//The severall answers of Josua Wa?lter one of the defts to the bill of complaint of Anne Valentine//
//widdow Comp:lt//
//This Defte both now and at altimes hereafter savinge and referringe unto himselfe all benefitt and advantage of excepcons to the Incertainties Insufficiencies ?falaties//
//and other the Impfeccons of the said Bill of Complaint the same beinge ?framed cont?inued devised and XXXXXgined against him (as he this Deft verily beleeve) rather to kepe and//
//molest this Deft and to putt him to grete Charges and expences in law than for anie Just cause or ground of Xate at all that the Comp:lt hath against this Deft yett for satisfaccon to//
//the honoble Courte and for a full and perfect answere unto the said bill of Comp:lt or unto soe much thereof as doth anie way concerne or is materiall for this Deft to make answere//
//unto hee this deft for himselfe doth answere and saye that hee doth beleeve that the Comp:lts late husband Thomas Valentine deceased was in his lifetime seized of the messuages//
//or tenem:ts in the bill of complaint named in such manner as in the bill of complaint is set forth and declared but of what yearly value they were or are of this deft doth not knowe//
//neyther doth this deft know that the said Thomas Valentine upon his Intermariage w:th the Comp:lt did settle all or any of the messuages or tenements unto or to the use of the Comp:lt//
//many (sic) such XXXt or by any such conveyance waies or meanes as in and by the Comp:lts bill is pretended, but this deft hath heard and doth beleeve that Tobell Aylmer in the bill of//
//Comp:lt named as a defendant was Gaurdian (sic) unto the Comp:lts late husband Thomas Valentine duringe his minority and duringe that time might have the managinge of his//
//estate and the receivinge of the Rents yssues and proffitts thereof for ?aught this date knoweth and ?aught alsoe gett into his hands the deedes evidences and wrightings belonginge unto//
//the estate of the said Thomas Valentine but what rents thereof hee received duringe his minority or what deeds hee now hath or ever had in his hands w:ch concerne the same estate//
//or any parte thereof this deft doth not knowe nyether doth this deft know that the said Tobell Aylmer after the said Thomas Valentine had newly atteyned unto his full age of one//
//and twenty yeares or at any other time did craftily or otherwise drawe the said Thomas Valentine unto severall or any bond or bonds of grete penalties or into any other bond or bonds//
//or to Confesse or acknowledge uppon some accompts or reckonings betweene them That the said Thomas Valentine was or stood Indebted unto him the said deft Aylmer in severall//
//grete somes of monie or that the said Aylmer caused the said Valentine to be arrested or Continewed prisoner as in the bill of Comp:lt is pretended and this deft doth alsoe denie that//
//the said Aylmer duringe the time of the said Valentine his beinge a prisoner or any other tyme did combine and confederate himselfe with this deft or with any other of the defts//
//in the bill of comp:lt named or with any other person or persons to the knowledge of this deft for the Causes in the bill of Comp:lt untruly pretended and furnished And this deft//
//alsoe denie his haveinge or deteyninge in his hands unaccompted for any of the rents yssues and proffitst of the mesuages or tenem:ts in the bill of Complaint mensoned and the sharinge//
//or deviding of all or any the paid[Or, said] rents yssues and proffitts thereof and amongst this deft or any other of the defts in the bill of Complt named or unto or amongst any//
//other person or persons whatsoever to the knowledge of this deft And doth alsoe denie that hee this deft or any other of the defts to the knowledge of this deft have pulled downe and//
//sould grete part or any parts of the timber or other materialls belonging to all or any the messuages or tenem:ts in the bill of Comp:lt menconed or that hee this deft or any other//
//of the defts to this defts knowledge have comitted or suffered much wast and spoyle to the exceedinge Ruine and decay of the said mesuages and tenem:ts as in and by the said bill//
//of Complaint is very untruly pretended but true it is this deft is a tennant at will unto one of the messuages or tenem:ts in the bill of Complt menconed neare Holborne ??Conduitt at the yearly rent of//
//eight pounds for w:ch tenement this deft hath paied ?hetherunto all parlament and other taxacons and hath likewise payed all rents for the same due for the ??times past//
//unto the severall proprietors thereof as by the acquittances of John Dan??sey gent in the bill named and other acquittances from other persons concerned therein and Intitled unto the//
//same as this deft beleeveth may appeare and this deft likewise saies that hee hath from time to time sufficiently repayed [i.e. repaired] the said mesuage or tenem:t in the possession of this//
//XXXX and hath lately discharged for the reparaycons thereof the full and ??fair sume of fower pounds three shillings and tenne pence as by the severall workmens billes appeares//
//and true it is that this Deft doth refuse to pay any rent unto the Complt for the said tenem:t w:ch hee houldeth for that hee this deft doth not know of any title at all that the//
//Complt hath thereunto and this deft further answereth and saieth that by vertue of a mortgage by the said Thomas Valentine formely made before his Intermariage//
//with the Complt unto the deft John Dansie in the bill named of the messuage in this defts possession and by vertue of a Judgement for that messuage uppon a lease of//
//Eiectment by the said John Dansie sealed and duly obteined whereby the possession thereof came legally as this deft beleeveth unto the said John Dansie hee this deft//
//was Inforsed to attorne tennant for the said messuage unto the said John Dansie And thereupon this deft with repayracons of the said mesuage and parliam:t taxacons beinge//
//allowed unto him did one (sic) the twentith eight day of October one thousand sixe hundred fforty and eight pay the remainder of the rent then due unto the said John Dansie ??any//
//Cxxxx unto the some of one pounde and twelve shillings as by the acquittance of the said John Dansie of the same date redy to be produced appeareth and that one the//
//second day of ffebruary in the yeare one thousand sixe hundred fforty and nine hee paied the some of ninteene shillings and tenne pence more rent in pte of one//
//yeare and a quarters rent all taxacons and repaccons beinge allowed unto this deft as by this said John Dansies acquittance of the same date alsoe appeareth//
//And that this deft alsoe further paied unto the said John Dansie ffirst of October one thousand sixe hundred and ffifty for three quarters rent for the same howse taxacons//
//beinge ??received theirunto the ffull some of sixe poundes Currant money wch is all the rent that this deft did ever pay unto the said John Dansie And this deft further answereth//
//and saieth that shortly after this deft had paied the last money unto the deft John Dansie hee the said John Dansie by eiectment was legally evicted out of the rent and//
//proffitts of the said messuage by a tryall at law by one ?Constance Baker widdow shee havinge one annuity of twelve pounds for her life as this deft beleeveth yssuinge//
//out of the said mesuage in this defts teanore (sic) and out of foure other mesuage in the Complts bill menconed after w:ch ?aciccon this deft after the title of the said John Dansie//
//was set aside was Inforsed to atturne tennant unto and to pay rent for the said mesuage unto or to the use of the said mistris Baker since w:ch time this deft hath//
//truly payed unto and to the use of the said mistris Baker for rent for the said mesuage towards her annwitie (sic) of twelve pounds a yeare parliament tax and beinge there out//
//by her alowed unto this deft the full and Just some of sixe pounds Currant money and noe more as by three severall acquittances appeareth And this deft denieth//
//his havinge of any deede or wrightinge w:th due concerne all or any the mesuages and tenem:ts in the bill of complt menconed but sayeth that he is now only tennaant//
//at will for the ??tenem:t unto the said Constance Baker at the yearly rent of eight pounds p ann and that hee houldeth the said tenem:t by noe XXXX or any other title and//
//utterly denieth all and every the practises or combinacons in the bill of complt charged and pretended to be betweene this deft and all or any of the other defts without//
//That ??That anie other matter or thinge in the said bill of complaint conteyned materiall or effectuall in the law for this deft to make answere unto and herein and//
//hereby not sufficiently answered unto confessed or avoyded transXXXsed or denied is true to the knowledge of this deft all w:ch matters and things this deft is and wilbe//
//redie and willinge to averrre Justify mainteyne And prove as this honoble Court shall Award And humbly prayeth to be hence dissmissed with his resonable//
//Costs in this behalfe most wrongfully susteyned//
//John XXXXX[Signature of lawyer]//
