Calendar of assize rolls: Roll EE

London Possessory Assizes: A Calendar. Originally published by London Record Society, London, 1965.

This free content was digitised by double rekeying. All rights reserved.

'Calendar of assize rolls: Roll EE', in London Possessory Assizes: A Calendar, (London, 1965) pp. 100-115. British History Online https://www.british-history.ac.uk/london-record-soc/vol1/pp100-115 [accessed 19 March 2024]

ROLL EE

[m.1] (fn. 1) Sat. 5 Jun. 1423. Assizes of fresh force. William Estfeld and Robert Tatersall, sheriffs. Coroner absent .

227. Henry Keton, clerk, rector of St. Mary Abbechirche, complains that John Sadeler, John Michell, Geoffrey Dallyng, Thomas Barwe, Alexander Sprot and Simon Seman disseised him of 6s. 8d. rent in the par. aforesaid. John Sadeler, by John Kirkby, says that the premises from which the rent issues comprise a messuage and three shops, for which he answers as tenant, but that the messuage and shops are outside the pl.'s fee. The other defs., by John Kirkby, deny the disseisin. The pl., by John Stafford his attorney, says that he was seised of the rent in question in the time of Henry IV and Henry V and that his predecessors had been seised thereof time out of mind until the defs. disseised him by refusing payment. The defs. deny the allegation. The assize comes by Robert Bamburgh, Richard Lynne, William Crek, John Exham, William Culver, Robert Smyth, Richard Danyell, John Herry, John Lemman, William Fairhere, Robert Whaplode and Thomas Dursley. Verdict for the pl. The jurors say that John Sadeler alone was implicated in the disseisin and that there has been no fraud or collusion contrary to the Statute of mortmain. (fn. 2) Arrears 25s. Damages, including costs, 26s. 8d. (fn. 3) [m.1d. Blank.]

228. [m.2] John, abbot of St. Peter of Certeseye, complains that John Preston, John Gedford, Henry Jolipace, Robert Neuton and William Wright, clerks, and Walter Caketon, citizen and setter, (fn. 4) disseised him of 13s. 4d. rent in the par. of All Hallows at Hay in Dowegat ward, post primam etc ., and within forty days of the entering of the plaint. The defs., by John Hythyngham their attorney, say that the premises from which the rent issues comprise six messuages and three cellars of which they are tenants but that the premises are outside the pl.'s fee. The pl., in support of his title, says that John Uske, abbot, was seised of the rent in the time of Richard II and all his predecessors had been seised thereof time out of mind; but that when, after Uske's death, the pl. requested payment of the defs., they refused it. The defs. deny the allegation. The assize comes and finds for the pl. The jurors say that abbot Alan was seised of the rent in the time of Henry III. Damages, including thirty years' arrears, £21 6s. 8d. Defs. in mercy. (fn. 5) [m.2d. Blank.]

[m.3] Sat. 1 Apr. 1424. Nicholas James and Thomas Wandesford, sheriffs. Coroner absent .

229. Robert Rolleston, master or warden of the hospital of St. Katherine beside the Tower, complains that John Sadeller, citizen and vintner, and Alice his wife, William atte Water, citizen and barber-surgeon, Thomas att Welle of Aylesbury, Geoffrey Dallyng, Thomas Barwe, Alexander Sprot, Simon Seman, John Micoll, citizen and vintner, William Bevereche, Robert Whappelode, jun., and John Boteller, citizen, disseised him of 23s. 2d. rent in the par. of St. Benet Graschirche, post primam etc . John Sadeller and Alice his wife, by John Kirkeby, say that the tenement from which the rent issues comprises a messuage called 'Shippe of the hoope' of which they are tenants, but that it is outside the pl.'s fee. The other defs., by John Kirkeby, deny the disseisin. The pl., by William Transall his attorney, says in support of his title that John Harmesthorpe, his predecessor, was seised of the rent in the time of Henry IV, by the hand of Richard Baynard, then tenant, but when the pl. succeeded the defs. refused payment. The assize comes and finds for the pl., but says that of the defs. named John Sadeller and Alice his wife alone were implicated in the disseisin. Damages, including twelve years' arrears, £20. John and Alice in mercy and the pl. for a false plaint as regards the other defs. [m.3d. Blank.] (fn. 6)

[m.4] Sat. 5 Feb. 1424 .

230. Isabel, abbess of St. Clare without Algate, complains that on Thurs. 4 Nov. 1423 Walter Langrigge and Margaret his wife, Thomas Haccher and John Lumbard disseised her of the fourth part of a messuage in the par. of All Hallows at Hay, post primam etc . The pl. appears by John Stafford her attorney. The defs. make default. The assize comes by John Brikelys, William T[ ], Robert Smyth, John Harry, Peter Wymondham, John Sadeler, John Blomvill, Thomas Wyche, Robert Pelycan, Robert Rosse, Thomas Thuresle and Robert Whaplode. The jurors say that Adam Rous, citizen, in his will (fn. 7) devised the fourth part of the messuage in view under the name of two shops to Juliana his wife for life, with remainder to Eleanor Nevill then abbess of the minoresses to hold to her and her successors in perpetuity. The abbess Eleanor, by an indenture produced in court, granted the reversion of the premises after Juliana's death to John Chartesay for life. On the death of John Chartesay she entered and was seised of the two shops until the defs. disseised the pl., her successor. Damages 26s. 4d. Defs. in mercy. [m.4d. Blank.]

[m.5. Entry as on m.3.]

[m.5d.] Endorsement: [The record] is brought into the Husting of Pleas of Land on Mon. 21 Feb. 1424.

[m.6] Sat. 10 Mar. 1425. Simon Seman and John Bethewater, sheriffs, Adam May, coroner .

231. John, prior of Christchurch Canterbury, complains that William Abdeby, citizen and mercer, disseised him of 8s. rent in the par. of St. Lawrence in Jewry. The def., in person, says that the tenement from which the rent is alleged to be payable is a messuage sometime belonging to Richard Parlefrensh, situated between the tenement of the mystery of Mercers sometime belonging to Katherine Stanford on the east, and Seynte Laurenslane on the west, and extending from the tenement of John Eynysham, sometime belonging to Ralph de Brayyngge, on the south, to Sevehodeslane on the north; but he says that it is outside the pl.'s fee. The pl., by John Hethyngham his attorney, says that he and his predecessors have been seised of the rent time out of mind with the right to distrain for the same; and on the Sat. before the suing-out of the bill his servant John Hethyngham took two pieces of 'bokeram' as distresses, which the def. unjustly replevied. The def. does not deny the pl.'s title, but denies the disseisin. The assize comes by Richard Bures, John Simman, Richard Grove, John Waltham, John Chadde, Alexander Sprot, Thomas Barowe, Richard Wedyhale, John Teukesbury, John Peryngton, Walter Adam and William Botreaux. Verdict for the pl. The jurors say that prior John [sic] was seised of the rent by the hand of Alan, son of Peter, in the time of king John. The pl. releases to the def. the 26s. 8d. awarded him as damages. Six and three-quarter years' arrears 54s. Def. in mercy. [m.6d. Blank.]

232. [m.8] (fn. 8) In a congregation of the mayor and aldermen on Mon. 15 Jan. 1425 William Gyles, rector of St. Margaret Patyns, brings a plaint of intrusion against Peter Hattere alias Vyne concerning 6 marks rent in the par. of St. Margaret Patyns. [m.8d.] Carpenter. 17 Jan. Stephen Broun and Thomas Badby, summoners.

[m.9] John Stafford attorney for the pl.

[m.10] The pl. complains that the def. disseised him of the rent in question, post primam etc . The def., in person, says that the tenements from which the rent issues comprise twelve messuages, for which he answers as tenant; but that as far as any rent from three of the messuages is concerned the assize does not lie, because Thomas atte Vyne in his will (fn. 9) devised one of the messuages to Thomas his son in fee tail, or in failure of issue to Thomas, to Andrew his other son; and another to Geoffrey his third son in fee tail, or in failure of issue to Geoffrey, to Andrew; and the third to Andrew. Both Thomas and Geoffrey died without issue, whereupon Andrew entered upon all three messuages and was seised of them under the terms of his father's will. Afterwards Andrew charged the messuages with a rent payable to Adam Walworthe, predecessor of the pl. He was succeeded by his son Andrew, and he in turn by the def. who, when the pl. wished to distrain on the three messuages for the arrears of the rent, refused to permit it, by reason of the entail. As far as the rent from the other messuages is concerned he denies the disseisin. The pl., protesting, says that the def.'s plea ought not to exclude him from the assize in respect of the rent payable from the three messuages aforesaid, for he has no knowledge of the entail alleged. He says that Andrew, sen., in his will (fn. 10) devised to Adam, then rector of St. Margaret Patyns, the rent in view from the twelve messuages, with power to distrain for the same if in arrears; and after the testator's death Adam was duly seised of it until he died. Thomas Knollis, patron of the church, thereupon presented William, the pl., to Richard Clifford, bishop of London, ordinary of the place, who admitted and instituted him, he being afterwards canonically inducted by John Kentewode, (fn. 11) archdeacon of London. When, however, on the Mon. before the suing-out of the bill, he attempted to distrain for the arrears of the rent of which, as rector, he was lawfully seised in right of his church, the def. resisted. The assize comes and says that Andrew, jun., was not seised of the messuages or any parcel thereof in fee tail, as alleged by the def. Verdict for the pl. Damages 20s., remitted by the pl. One and three-quarter years' arrears £7. Def. in mercy. [m.10d. Blank.]

[m.7] Panel of jurors. [ ] (fn. 9) , John [ ], John Aston (fn. 9) , John Joye (fn. 9) , Thomas Reynwell, William Morys (fn. 9) , William Mower (fn. 9) , John Gladwyn, Geoffrey Dallyng (fn. 9) , William Chylde, Walter Cok, Robert Cok (fn. 9) , Robert Otteley, John Sergeaunt (fn. 9) , Thomas Legett (fn. 9) , Thomas Wyche (fn. 9) , Thomas Dursley, Richard Banastre (fn. 9) , William Beverage, William Fairhere (fn. 9) , Thomas Chynnore, Nicholas Walton, Richard Stacy, John Tyce, Richard Bright, Richard Warhilton, John Sadeler, Robert Pellican.

[m.11] Sat. 31 May 1427. John Hyham and Robert Arnold, sheriffs, Adam May, coroner .

233. Thomas Fulthorp and Matthew Pacoke complain that on the Mon. before the suing-out of the bill John Wodecokke and Stephen Collee, goldsmith, disseised them of twenty-nine messuages in the pars. of St. Edmund in Lumbardestrete and St. Nicholas Acon, post primam etc. et infra quarentenam . John Wodecokke, by John Horsley, denies the disseisin. Stephen, in person, answers as tenant of the premises in view. He says that the assize does not lie, because John de Lumley, kt., and Felicia his wife were formerly seised of the same in Felicia's right; and by deed dated 27 Jun. 1415 and enrolled in the Husting (fn. 12) on Mon. 15 Jul. 1415, granted them, with other lands and tenements in Lumbardestrete, Aldrichegatestrete and Whitcrouchestrete, to John Penne, citizen and skinner, and William Mayhu, esquire, the grant to be void in the event of the punctual payment by the grantors of £100, under conditions set forth in an indenture made between the parties. John and Felicia paid the sum due at the terms specified, and on their death John Wodecokke entered upon the premises as Felicia's son and heir and enfeoffed with the premises the def., who was seised thereof until William Mayhu intruded upon his possession. William afterwards enfeoffed the pls., Thomas and Matthew, but the def. ejected them, as he was entitled to do. The pls. agree that John and Felicia enfeoffed John Penne and William Mayhu with the premises in view, under conditions aforesaid; but they say that the grantors failed to pay the sum specified or any portion thereof, and that by deed dated Wed. 9 Dec. 1416 John Penne released and quitclaimed to William Mayheu all his rights in the messuages. Afterwards William enfeoffed the pls., who were seised of the premises until disseised by the defs. Stephen re-affirms that John and Felicia paid the sums due at the term appointed. The assize comes and finds for the pls. Damages £4. Costs 20s. Damages remitted by the pls. Defs. in mercy. [m.11d. Blank.]

234. [m.14] (fn. 13) In the Husting of Pleas of Land on Mon. 12 May 1427 the same pls. bring a plaint of intrusion against the same defs. concerning sixteen messuages in the pars. of St. Giles Whitcrouchestrete and St. Botolph in Aldrichesgatestrete. [m.14d.] Thomas Creswell and Thomas Ougham, summoners.

[m.12] Pleading and verdict as in 233. (fn. 14) [m.12d. Blank.]

[m.13] Panel of jurors: John Serle (fn. 14) , John Frere, John Arnold, John Northay (fn. 14) , Robert Ingram (fn. 14) , John Ryche, Simon atte Well (fn. 14) , John Caston, John Spenser (fn. 14) , Richard Strete (fn. 14) , Thomas Martyn (fn. 14) , John Tollyngton, John Grove, William Spenser, John Tregillowe, Richard Waltham (fn. 14) , Richard Beawe, Alan Brette (fn. 14) , Richard Hercy (fn. 14) , Simon Sewale (fn. 14) , John Salter, Thomas Hayle, John Mason, John Wor[ ] (fn. 14) .

[m.15] (fn. 15) Sat. 25 Oct. 1427. Henry Frowyk and Robert Otteley, sheriffs. Coroner absent .

235. Geoffrey, master of the order of Burton St. Lazar, warden of the hospital of St. Giles without London, complains that William, abbot of Nottele in Bucks., Reginald Cok, Robert Notyngham, grocer, John Gryme, fishmonger, Robert Crokhorn, fishmonger, and John Percy, hosier, disseised him of 44s. rent in the par. of St. Mildred in Bredstrete, post primam etc. et infra quarantenam . William, by John Mordon his attorney, and the other defs., by the same John, say that the premises from which the rent is payable comprise four shops with solars, and that these are outside the pl.'s fee. The pl. says that he and his predecessors have been seised of the rent time out of mind until disseised by the defs. This the defs. deny. The assize comes by Thomas Sutton, Ralph Mark, John Derk, John Bartelot, Guy Terry, Edmund Salle, John Rythe, Walter Ledbury, Thomas Scot, Thomas Beaumond, Robert Marcheford and Richard Gauge. Verdict for the pl. Eight years' arrears £17 12s. Damages 60s. Costs 40s. The jurors say that William de Setfountaine (de Septem fontibus) was seised of the rent in the time of Henry III. Defs. in mercy.

[m.15d.] Endorsements: (i) This record was brought in (impositum fuit) by John Fortescu, kt., chief justice of King's Bench and formerly undersheriff, on 26 May 1447. (ii) 'This record was [? tried before] me Johnn Fortescu somtyme undesherve of London wych have write this clause with my owne hande.'

[m.15a] (fn. 16) John [Mordon] attorney for abbot William.

[m.16] Sat. 18 Jun. 1429. John Abbot and Thomas Duffhous, sheriffs. Coroner absent .

236. Thomas Halle complains that William Herwarde and Joan his wife and Thomas Myles, painter, disseised him of a messuage and two shops in the par. of St. Alban in Wodestrete, post primam etc . The defs. make default. The assize comes by John Store, Richard Polhill, John Caston, John Spencer, Thomas Martyn, John Pyryngton, William Walton, John Serle, John Wursop, Simon Sewale, Peter Torold and William Boton. The jurors say that the pl. was seised of the tenements in view, and that Joan, wife of William Herwarde, disseised him. They say that William and Joan are the present tenants of the tenements, in Joan's right, and that Thomas Myles has no interest therein. Damages 13s. 4d. Costs 6s. 8d. Pl. in mercy for a false plaint as regards Thomas Myles. [m.16d. Blank.]

[m.17] Sat. 9 Apr. 1429 .

237. Thomas Neweton, parson of St. Leonards in Fasturlane, complains that William Burton, grocer, Robert Whytingham, draper and citizen, John Snell, clerk, John Tapelegh and Thomas Nicholl, grocer and citizen, disseised him of a rent of 34s. in the par. of St. Bride in Fletestrete, post primam etc . The defs., by John Mordon their attorney, say that the tenements from which the rent is payable comprise a messuage and two shops for which they answer as tenants but that these are outside the pl.'s fee. The pl. says in support of his title that he and his predecessors have been seised of the rent time out of mind until the defs. refused payment. The defs.' attorney admits the pl.'s right and title, and the disseisin done. The assize comes by John Hill, pinner, Robert Croke, John Broke, John Fulthorp, Richard Chalkhill, John Fynche, William Auntres, Richard Strangham, John Atthelard, William Genore, William Hanwell and William Andrew to pronounce upon the pl.'s title. The jurors say that he and his predecessors have been seised of the rent time out of mind until disseised by the defs. Damages, including costs, 10 marks; remitted by the pl. of his free will.

[m.17d.] Endorsement: 17 Sep. 1429 this assize was brought in by Holtoft, undersheriff.

m.18] Sat. 12 Feb. 1429 .

238. John, abbot of St. Albans, complains (fn. 17) that Thomas Parker, chaplain of the perpetual chantry at the altar of the Holy Trinity in the church of St. Christopher, and John Newman, brewer, disseised him of 18s. rent in the par. of St. Peter the Little in Bradstrete, post primam etc . The defs., by William Ruston their attorney, deny the disseisin. The pl., by John Hethingham his attorney, says in support of his title that he and his predecessors have been seised of the rent time out of mind, the same being payable from a messuage and three shops in the above-named parish, situated between the tenements of the abbot and convent of St. Albans on the east, west and south, and the king's highway on the north, until on the Thurs. before the suing-out of the bill the defs. refused payment. The assize comes by Richard Aas, Stephen Hull, Richard Kere, William Colman, William Twyer, Elias Twyer, William Kent, William Ferrour, John Exham, John Estwell, Thomas Meysaunt and Geoffrey White. Verdict for the pl. Two and a half years' arrears 45s. Damages 20s. The jurors say that John de Cella, abbot, was seised of the rent in question in the time of Henry III. (fn. 18) [m.18d. Blank.]

[m.19] Sat. 12 Nov. 1429. Ralph Holand and William Rus, sheriffs. Coroner absent .

239. William, prior of Christchurch Canterbury, complains that Henry Hamond, rector of St. Peter in Westchepe, John Barnet, Robert Elkyn, John Withiale and John Astell, churchwardens (custodes operis), and Robert Smythe disseised him of 6s. 8d. rent in the par. of St. Lawrence Pounteney, within forty days of the entering of the plaint. Henry Hamond, by John Moredon his attorney, and the other defs., by John Stafford, deny the disseisin. Henry says that the rent is payable from a messuage of which he is tenant, but that it is outside the pl.'s fee. The pl. says that John Fynch, late prior, and all his predecessors were seised of the rent time out of mind. After him Thomas Chillynden was elected, but he died, and the pl. was chosen in his stead, and to him the defs. refused payment. The assize comes by Geoffrey Gebon, Richard Chipnam, John Sadeler, John Boram, Robert Rose, William Bevereche, William Colston, Robert Cristendom, Richard Lynne, William Chylde, John Harrys and Stephen Colley. Verdict for the pl. Damages, costs and arrears, 32 marks 6s. 8d. Defs. in mercy. (fn. 19) [m.19d. Blank.]

[m.20] Mon . (fn. 20) [ 31 Oct. 1429 ?]

240. Anne relict of Robert Tatersell and formerly of Richard Elton, citizen and draper, complains that Thomas Pyrye, prior of New Place, near Guldeford, Surrey, John Lacy, dyer, Richard Colton, girdler, William Rendre and Thomas Prat disseised her of £10 rent in the pars. of St. Peter in Westchepe, St. Mary le Bow, St. Mary Somersette, St. Mary Abchirche, St. Mary Magdalene near Oldefisshstrete, St. Nicholas Coldabbey, Holy Trinity the Less, St. Stephen in Walbroke and St. Giles without Crepulgate, post primam etc . The defs., by John Moredon, show no cause why the assize should be delayed. The pl., by John Stafford her attorney, says in support of her title that prior Thomas was formerly seised of the 9 shops and 25 messuages from which the rent is payable and by deed dated 2 Jan. 1412 granted from the same, by consent of his chapter, to Richard Elton and the pl., then his wife, a yearly rent or pension of £10 for life, with power to distrain for arrears. After the death of Richard the rent fell into arrears, and when the pl. attempted to distrain upon the defs. they resisted, and replevied the distresses taken. The assize comes by William Walton, John Norman, Thomas Barowe, Robert Christondome, Richard Lynne, John Saykyn, John Harrys, John Leman, Ralph Mark, Robert Marchford, Richard de Kent and Thomas Sutton. Verdict for the pl. John Lacy, Richard Colton and William Rendre were not implicated. Damages, one year's arrears and costs, £11 6s. 8d. Pl. in mercy for an unjust plaint as regards John, Richard and William.

[m.20d.] Endorsement: This assize was brought in by Holtoft, undersheriff, on 9 Mar. 1430.

[m.21] Sat. 6 May 1430 .

241. Henry, prior of St. Mary Suthewerk, complains that Henry Permanter, citizen and grocer, disseised him of 5s. rent in the par. of St. Sepulchre without Newgate, post primam etc . and within forty days of the entering of the plaint, viz. Mon. 3 Apr. The def., by John Hethyngham, denies the disseisin. The pl., by John Stafford his attorney, says in support of his title that the rent in question is payable from a messuage of which the def. is seised, and which he holds of the pl. in right of the church of St. Mary by rent and fealty. The pl. says that he was seised of the rent by the hand of Robert Laycoke, the former tenant of the messuage, and that he and his predecessors have been so seised time out of mind, but that when he distrained the def. by two horses for payment of the arrears of the rent the def. brought an action de capcione et detencione for their recovery. The assize comes by Richard Scrayngham, John Baron, John Athelarde, William Genore, John Hille, John Broke, Henry Longspe, Robert Croke, John Fulthorp, William Peper, William Chapman and Geoffrey Gebon. Verdict for the pl. Eight years' arrears, damages and costs, £7. Def. in mercy.

[m.21d.] Endorsement: On 18 Nov. 1430 Ralph Holand, formerly sheriff, by Holtoft, formerly his undersheriff, brings this assize.

[m.22] Mon. (fn. 21) 31 Oct. 1429 .

242. Richard Swayn of Essex complains that the same defs. as in 240 disseised him of £10 rent in the same pars. as in 240, post primam etc . The defs., by John Moredon, show no cause why the assize should be delayed. The pl., by John Stafford his attorney, says in support of his title that prior Thomas holds the 25 messuages and 9 shops from which the rent is payable and by deed dated 2 Sep. 1415 granted the rent in view to the pl. for life, with the consent of his chapter, with power to distrain for arrears. In virtue of this grant the pl. was duly seised of the rent, but afterwards when he distrained for payment the defs. recovered the distresses taken. The assize comes as in 240. Verdict for the pl. John Lacy, Richard Colton and William Rendre were not implicated. Four and a half years' arrears, damages and costs £47 10s. Pl. in mercy for a false plaint as regards John, Richard and William.

[m.22d.] Endorsement: This assize was brought in here on 11 Mar. 1440 by Holtoft, undersheriff.

[m.23] [ 1431–32 ]. (fn. 22) John Hatherley and Stephen Broun, sheriffs. Coroner absent .

243. John Tanner, citizen and scrivener, complains that Marmaduke Kirkeby, rector of St. Andrew near Castle Baynard, John Nicholl, brewer, Robert Couper, carpenter, John Norman, brewer, and Thomas Glover, 'ferrour', (fn. 23) John Levyng, ironmonger, jun., and John Chirche, mercer, citizens, disseised him of a messuage and a wharf in the par. of St. Andrew aforesaid, post primam etc . The pl. appears by William Ruston. The defs. come by John Ethyngham their attorney; John Levyng and John Chirche, as tenants of the tenements in view, say that the assize does not lie, because all lands in the City are by immemorial custom devisable, and Walter Potenhale, late citizen and woodmonger, in his will (fn. 24) devised the tenements which he had purchased from William son of John Potenhale to Agnes his wife for life, with the proviso that after her death they should be sold by the rector and churchwardens of St. Andrew and the proceeds devoted to pious uses in accordance with his will. On the death of Agnes the defs. Kirkeby, Nicholl, Couper, Norman and Glover, accordingly entered upon the messuage and wharf, and by deed dated 23 Jun. 1432 sold them to John Levyng and John Chirche, who were seised of the premises until the pl. entered, claiming in virtue of a demise by Agnes. (fn. 25) [m.23d. Blank.]

[m.24] (fn. 26) Sat. 5 Apr. 1432 .

244. Robert Felton, rector of St. Vedast, Richard Spenser, Thomas Leget, John Cary and John Sutton, jun., wardens of the mystery of the Goldsmiths of London, complain that William Dogge and Joan his wife, and Thomas Lucas and Margaret his wife disseised them of a messuage in the par. of St. Bride in Fletstret, post primam etc . William and Joan, by John Mordon their attorney, deny the disseisin. Thomas and Margaret, by the same attorney, as tenants of the tenement in view say that the assize does not lie, because John Standolf, citizen and goldsmith, was seised of the premises, which on his death descended to master John Standolf, his son, who enfeoffed therewith William Dogge, whose estate they now hold. The pls., by John Stafford their attorney, say that John Standolf, sen., in his will (fn. 27) proved before John Godman, commissary-general of Richard Clifford, late bishop of London, devised the messuage in view to master John Standolf his son for life, with remainder to Henry Broun, rector of St. Vedast, and his successors and to John Bythewater, Richard Spenser and John Mabilion, wardens of the mystery of Goldsmiths of London and their successors. On the death of master John Standolf the pls. duly entered under the terms of the bequest of John Standolf, sen., and were seised of the messuage until disseised by the defs. The defs. deny the devise. The assize comes by John Hurlok, John Fulthorpp, [ ], [ ], armourer, Henry Langspe, John Hille, pinner, Gilbert Page, William Pepir, William Warter, William Chapman, William Auntres, William [ ]. (fn. 28) Verdict for the pls. Damages and costs 9 marks. Defs. in mercy. [m.24d. Blank.]

[m.25] Sat. 1 Dec. 1431 .

245. William, prior of Christchurch Canterbury, complains that Elizabeth Arundell, prioress of St. John the Baptist Haliwell, and William Walworth disseised him of 4s. rent in the par. of St. Michael in Crokadlane, post primam etc . The prioress, by John Stafford, denies the disseisin, and William, in person, does likewise. The pl., by John Hethyngham his attorney, says in support of his title that the rent is payable from a messuage of which John Wodnesburgh, late prior, and all his predecessors were seised time out of mind, but that when he, the pl., attempted to distrain for arrears, the defs. replevied the distresses taken. The assize comes by John Fekenham, William Colston, Robert Cristendom, Robert Bamburgh, John Brikles, Geoffrey Gebon, William Creek, John Boreham, Robert Rose, Thomas Lethered, John Exham and Ralph Spayn. Verdict for the pl. The jurors say that prior Adam Chelyngton was seised of the rent in the time of Henry III. The prioress of Haliwell was not implicated. Twelve years' arrears, damages, costs and expenses 68s. William Walworth in mercy and the pl. for a false plaint as regards the prioress. [m.25d. Blank.]

Sat. 11 Jul. 1433. John Paddeslee and John Olney, sheriffs. Coroner absent .

246. [m.28] (fn. 29) In the Husting on Mon. 17 Nov. 1432 William, prior of Christchurch Canterbury, brings a plaint of intrusion against Thomas Seersam, sir Robert Trewell, chaplain, Richard Joynour, John Lane, ironmonger, and Richard Lucas, brewer, concerning his free tenement in the par. of St. Martin without Ludgate. Note that the assize concerned 20s. rent. [m.28d.] William Chapman and William Makerell, summoners.

[m.26] The pl. complains that the defs. disseised him of the rent in question, post primam etc . and within forty days of the entering of the plaint. The defs. make default. The pl., by John Hethyngham his attorney, says in support of his title that the rent in question is payable from a tenement called 'le Walshman on the hoop' outside Ludgate formerly belonging to Robert le Panner. John de Flete, citizen and capper, was seised of the rent, and in his will (fn. 30) devised the same for the maintenance of a wax taper to burn before the shrine of St. Thomas at Canterbury. In virtue of this devise the then prior was duly seised of the rent after the testator's death, and all his successors likewise. Moreover, in the parliament held on 12 Jan. 1431, it was ordained that notwithstanding that the prior's possession began after the period of limitation fixed for the writ of right (fn. 31) it should constitute a good and sufficient title to him and his successors to have and exact the rent. (fn. 32) Nevertheless, when William Godfray, the pl.'s servant, went to collect the arrears, the defs. refused payment. The assize comes by William Genore, John Athelard, Henry Ragley, Henry Longspe, John Hill, armourer, Robert Crok, William Peper, William Auntres, Geoffrey Gebon, Richard Lynsey, John Fynche and Richard Strangham. Verdict for the pl. Five years' arrears, damages, costs and expenses £6. Defs. in mercy. [m.26d. Blank.]

[m.29] Sat. 27 Jun. 1433. John Pattesle and John Olney, sheriffs. Thomas Chauseres, coroner, absent .

247. William Estfeld, Henry Frowyk, William Melreth, citizens and mercers, John Norton, esquire, William Byngham, clerk, and John Pyke complain that Robert Gayton, Thomas Catworth, John Bacoun, Richard Ketrych and John Luttur, citizens and grocers, disseised them of 10 marks rent in the par. of All Hallows Bredestrete, post primam etc . and within forty days of the entering of the plaint, viz. on 21 Apr. 1433. The pls., by John Stafford their attorney, say in support of their title that William Olyver, citizen and grocer, was seised of the messuage and two shops from which the rent is payable, and by indenture read and enrolled in the Husting (fn. 33) on Mon. 1 Dec. 1432 and dated 9 Jun. 1424, he granted the rent to John Barton, sen., and the defs., describing the messuage and shops as the capital messuage called 'le Sterr' which he, jointly with John Shawe, vintner and citizen, master John Sproxton, clerk, William Michell, grocer and citizen, and John West, chaplain, (who afterwards released to him their rights in the same), had by purchase from Geoffrey Crymelford, Robert Chichele, citizens and grocers, and Thomas Cok, chaplain, executors of the will of William Baret, citizen and merchant, as appears by deed enrolled in the Husting (fn. 34) on Mon. 12 Nov. 1414. [m.29d.] William provided further that should he devise his lands, rents and tenements to the master and brethren of St. Thomas the Martyr, called of Acon, free of all rents and charges created after the date of purchase, excepting only those mentioned in his will or its codicil, the rent in question should not be leviable and the grant should be annulled; but that, should there be any defect in the devise, or should William, without the counsel and assent of John Barton, William Estfeld and the others, lose the tenements or any parcel of them by process of law in any court of record, then the grant should remain effectual in perpetuity. Afterwards both John Barton and William Olyver died, and since the latter had not made the devise aforesaid, William Estfeld, Henry Frowyk, William Melreth, John Norton, William Byngham and John Pyke, the present pls., were duly seised of the rent of 10 marks, until disseised by the defs., who refused payment. [m.30] The assize comes by John Rythe, Walter Ledbury, Richard Wodebourn, John atte Water, William Gosley, William Walton, John Wedyhale, Nicholas Bulthorp, Peter Rout, John Simman, William Smyth and John Peryngton. Verdict for the pls. [m.30d.] Damages, costs and arrears, 5 marks 6s. 8d. Defs. in mercy. Thereupon in full court the pls. acknowledge that they have received full payment for the same, according to the assessment made by the jurors. (fn. 35)

[m.31] Sat. 22 Nov. 1432. Assizes of novel disseisin and mort d'ancestor. John Olney and John Pattesle, sheriffs. Coroner absent .

248. Walter Honyngton, vicar of St. Sepulchre without Neugate, complains that John Blakthorne, abbot of St. Mary of Thame, William Babyngton, chief justice, Nicholas James, Thomas Knolles, Thomas Cateworth, John Chirche and John Touker disseised him of 9s. rent in the par. of St. Sepulchre aforesaid, post primam etc . The abbot, by John Mordon his attorney, as tenant of one of the two messuages from which the rent is alleged to be payable, says that it is outside the pl.'s fee. The other defs., by John Hethyngham, as tenants of the other messuage, say likewise. The pl., by John Stafford his attorney, says in support of his title that he and his predecessors have been seised of the rent time out of mind until the defs. refused payment. The assize comes by Richard Scrangham, William Jenor, John Hill, pinner, Henry Langspe, Henry Ragley, John Hill, armourer, John Fulthorp, William Peper, William Auntrus, Richard Lyndeseye, John Fynche and William Ware. Verdict for the pl. The jurors say that the pl. and his predecessors have been seised of the rent from the time of king Henry III. Arrears £21 3s. (?). Damages £6, of which the pl. freely acknowledges payment.

[m.31d.] Endorsement: This assize was brought in by John Forster, undersheriff of John Olney, formerly sheriff.

[m.32] [ After 7 Jan. 1433 .] (fn. 36)

249. Reginald Pecok, master of the College of St. Michael in Riole, complains that on 7 Jan. last past (fn. 37) Thomas Girdeler, alias Cosyn, alias Virly, citizen, disseised him of 2s. rent in the par. of St. Michael aforesaid. The def. makes default. The assize comes by William Scarborough, John Kyllyk, John Clerk, William Reynold, Peter Hook, John Derk, Ralph Mark, John Bartelot, William Gosle, John Gay, Thomas Scot and John Lemman. The pl., by John Stafford his attorney, says in support of his title and for the information of the jury that in the time of Henry III, Juliana daughter of Peter de Rouen was seised of a messuage and four shops from which, on 29 Aug. 1250, she granted in free and perpetual alms to St. Michael Paternosterchirche for the salvation of her soul, and to secure the right of burial in that church, a yearly rent of 2s. chargeable upon the messuage and shops, with power to distrain for the same. In virtue of this grant Walter Chapeleyn, then parson of the church of St. Michael, was seised of the rent and all his successors after him until on 18 Nov. 1424 the king by his letters patent (fn. 38) licensed John Coventre, John Carpenter and William Grove, executors of the will of Richard Whityngton, citizen and mercer, and several times mayor, to establish a college of five chaplains, of whom one should rank as master, in the church of St. Michael, with power to plead and implead, to purchase and acquire lands, and with a common seal for the transaction of its business. Henry, archbishop of Canterbury, as ordinary of the church of St. Michael, issued a faculty (fn. 39) in 1424 for the foundation of the college, and it was duly established under the name of the college of St. Michael in Riole, with the rector of the church as master, provision being made that all lands, rents or tenements devised or granted to former rectors, or to God and St. Michael or for specific pious purposes, should henceforward be held in the name of the master of the college of St. Michael aforesaid. The foundation was confirmed in the parliament held on 12 May 1432. (fn. 40) Nevertheless the def. refused payment of the rent of 2s. to the present master, the pl., and was thus guilty of a disseisin according to the custom of the City. The assize returns a verdict for the pl. Damages, etc. 46s. Def. in mercy. (fn. 41) [m.32d. Blank.]

250. [m.33] Reginald Pecok, master of the college of St. Michael in Riole, complains that on Sat. 7 Jan. 1433 (fn. 42) Reginald Kentwode, dean of St. Paul's, Hugh Lyrp (?), clerk, Richard Osbarn, citizen, and Clemence, prioress, and the convent of St. John the Baptist Haliwell, disseised him of 33s. 2d. rent in Sopereslane in the par. of St. Pancras. The defs., by John Hetyngham their attorney, say that the tenements from which the rent is alleged to be payable comprise five shops, which are outside the pl.'s fee. The pl., by John Stafford his attorney, says in support of his title that Lawrence de St. Michael, kt., and his predecessors time out of mind were seised of rents amounting to 5 marks 2d., of which the rent of 33s. 2d. was parcel. Of the latter, 15s. 2d. is payable from two shops sometime belonging to Roger Waltham, canon of St. Paul's, and of these two shops the dean and chapter of St. Paul's now answer as tenants; 6s. are payable from the shop for which Hugh and Richard answer as tenants and from the shop of Robert Fitz Robert, adjoining theirs on the southern side, both of which sometime belonged to Elias Caller; and 12s. is payable from the two shops for which the prioress and convent answer. By deed dated in the mayoralty of John de Gisors, 43 Henry III [1258–59], Lawrence de St. Michael granted the rents to Philip le Taillour, who in his will (fn. 43) devised them to the church of St. Michael for various pious uses. [m.33d.] (fn. 44) The pl. then goes on to plead as in 249. The defs. deny the disseisin. The assize comes and returns a verdict for the pl. (fn. 45)

[m.34] (fn. 46) Sat. 19 Dec. 1433. Assizes of fresh force. Thomas Chalton and John Lyng, sheriffs. Thomas Chausers, coroner, absent .

251. Henry Werkworthe, prior of St. Mary Suthwerk, complains that John Willy, rector of St. Alban in Wodestrete, disseised him of 3s. 1½d. rent in the par. of St. Mary Aldermarichirche in Cordwynarstrete ward, post primam etc . The def. denies the disseisin. The assize comes by John Gay, William Gosley, Ralph Marke, William Rede, Walter Ledbury, Richard Cok, Thomas Talbroke, Robert Marcheforde, John Lacy, William Abraham, John Bartlote and Richard Panter. The jurors say that the rent in question is a rent-service, payable in respect of a messuage held by the def. of the pl., and that when the pl. attempted to distrain for arrears the def. prevented him. Humphrey, a former prior, was seised of the rent in the time of Henry III. Ten years' arrears, [costs ?] 26s. 8d. Damages 20s. (fn. 47) It is ordered that the def. be taken. [m.34d. Blank.]

[m.35] Sat. 9 Oct. 1434. Thomas Bernewell and Simon Eyr, sheriffs. Coroner absent .

252. The dean and college of the chapel of St. Stephen within the palace of Westminster complain (fn. 48) that Richard Cok and Sabine his wife, Thomas Torell, esquire, Thomas Batell, mercer, John Gobyon and Henry Bette disseised them of 5 marks rent in the par. of All Hallows Stanyng, post primam et infra quarentenam etc . The defs., by John Hethingham their attorney, say nothing in bar of the action. The pls., by John Stafford their attorney, say in support of their title that John Waterman of Newport, Essex, and Margaret his wife, by deed dated 11 Feb. 1410, read and enrolled in the Husting (fn. 49) on Mon. 16 Feb. 1410 granted the rent to John Legbourn, John Preston and John Spaynell, clerks, the same to be chargeable upon two messuages and shops with buildings over situated in Fanchirchestrete, on the corner of Martlane, inherited by Margaret on the death of master John Ware, clerk, her brother. In virtue of the grant John Legbourn, John Preston and John Spaynell were duly seised of the rent; and the king by letters patent (fn. 50) dated 4 Nov. 1410 afterwards licensed its grant to the pls. for the foundation in the chapel of St. Stephen of a chantry for the souls of John Ware and Robert Foulmer, late canons of the chapel. (fn. 51) [m.35d. Blank.]

[m.36] (fn. 52) Sat. 30 Jul. 1435 .

253. John Sotherey, chaplain of the chantry at the altar of the Blessed Virgin in St. Magnus the Martyr, complains that John Perveys, John Fray, Thomas Dursle and Thomas Badby disseised him of 10 marks rent in the par. of St. Margaret in Briggestrete post primam et infra quarentenam etc . The pl. appears by John Mordon his attorney. John Perveys, in person, denies the disseisin. The other defs. appear by Thomas Hernyng their attorney. John Fray says that the tenement from which the rent in question is alleged to issue is a messuage which he holds jointly with Thomas Dursle and Thomas Badby; but that the assize does not lie, because Robert Ramesey and Joan his wife, by indenture enrolled in the Husting (fn. 53) on Mon. 20 Feb. 1430, granted to John Perveys, merchant, father of the John Perveys named in the plaint, and to him, John Fray, together with Thomas Dursle and Thomas Badby, his tenement called 'le Sunne on the hope', and they were duly seised of the premises. He says further, that a deed enrolled in the Husting is of the same effect as a fine at common law, and has been time out of mind; and that the pl. claims in virtue of a later grant of Robert Ramesey, who had in reality then no interest in the premises in question. Therefore when the pl. sent and took a piece of silver by way of distraint for the rent, the def. replevied the same. Thomas Dursle says that the tenement from which the rent is alleged to issue is outside the pl.'s fee. Thomas Badby says that there has never been a chantry at the altar of the Blessed Virgin, nor is there any record of its foundation, and he asks that the pl. be required to produce evidence thereof. [m.37] The pl. in reply (fn. 54) recites the king's licence (fn. 55) to Robert Rameseye to alienate in mortmain for the foundation of a chantry at the altar of the Blessed Virgin in St. Magnus a rent of 10 marks chargeable upon his tenement called 'le Sunne' in the par. of St. Margaret, and the subsequent deed of foundation. [m.38] In virtue of this deed John Medwe was appointed first chaplain of the chantry and was duly seised of the rent in question. To him succeeded William Joynour, and after the death of Robert Rameseye and Joan his wife, the rector, master Davy Prys, with Richard Malt and Thomas Robelard, churchwardens, instituted John Sotherey, the present pl., in accordance with the terms of the foundation. The rent falling into arrears, John distrained upon the premises of the defs., taking a silver cup, but John Bonere, at the instance of the defs., replevied it, whereby the defs. became disseisors. John Fray says that he is not bound in law to answer to the pl.'s title, and asks that he be precluded from the assize. [m.39] Thomas Dursle says that the date of the deed of foundation alleged by the pl. is later than the date of the deed of grant made by Robert Rameseye to John Parveys and the other defs., and that it was therefore drawn when Robert had no interest in the tenements upon which the rent was made chargeable. Thomas Badby says that Henry IV, who granted the licence to alienate, was dead before the foundation of the chantry. The objections of the defs. are held by the court to be of insufficient force to deprive the pl. of his assize. The jury comes and returns a verdict for the pl. The jurors say that the rent in question is a rent-charge, issuing from the tenement called 'le Sunne'. John Medwe was the first chaplain of the chantry to be seised of it, and the pl.'s right in it is enjoyed as his successor and in virtue of the title above alleged. [m.40] (fn. 56) Damages, costs and one year's arrears, £18 13s. 4d. Defs. in mercy.

[m.40d.] Note of the parties in the above assize.

Footnotes

  • n1. Most of the membranes in this roll bear an earlier numeration as follows: mm.2–6 are numbered 2–6; mm. 10–12 are numbered 7–9; mm. 15–22 are numbered 10–17; mm.24–26 are numbered 19–21; mm. 30–32 are numbered 23–25; m.34 is numbered 27; m.37 is numbered 29. Most of the membranes are partly mutilated or defaced, m.1 is not filed up with the rest of the roll. There is a partly illegible note at its head probably stating that the record of the assize was brought in to the Husting by Alexander A[?nn]e, undersheriff.
  • 1. This clause has not been calendared hereafter as it is common form in assizes where the pl. is an ecclesiastical person.
  • 2. The last eight lines of this membrane are for the most part illegible.
  • 3. Vestment maker? See Cal. P. & M. rolls, 1413–37 , 33n.1.
  • 4. For a full translation of this assize see Chertsey Abbey Cartularies , vol. 2, pt. 1 (Surrey Record Society, vol. 12, 1958), 303–6.
  • 5. See endorsement of duplicate entry on m.5d.
  • 6. Proved 25 Jul. 1379, Cal. Wills , II, 207–8.
  • 7. m.7 is printed after m.10 for the sake of clarity. mm.7–9, three thin strips of parchment, are attached to the left hand edge of m.10. m.7d. and m.9d. are blank.
  • 8. Proved 4 May 1349, Cal. Wills , I, 552–3.
  • 9. Sworn.
  • 10. Proved 31 Jan. 1407, Cal. Wills , II, 367–8.
  • 11. Rectius Reginald Kentwood, archdeacon of London, 1400–22.
  • 12. H.R. 143 (9, 10).
  • 13. mm.13–14 are attached to the left hand edge of m.12. m.13d. is blank.
  • 14. Sworn.
  • 15. The lower part of the membrane is defaced.
  • 16. Membrane not filed up with the rest of the roll.
  • 17. Narrow strip of parchment attached to the left hand edge of m.15.
  • 18. Cal. P. & M. rolls, 1381–1412 , 221.
  • 19. Lower part of the membrane partly defaced.
  • 20. See also m.22. There is no other record of assizes being held on Mon. For plaint of intrusion brought on Mon. 31 Oct. 1429 involving the same parties and property in the same pars., see Cal. P. & M. rolls, 1431–37 , 235 (where the name of the pl. is translated as Amy). It appears, therefore, that the date of the entering of the plaint has been mistakenly given in the heading as the date of the assize.
  • 21. Lune has been written over an erasure. (See also m.20.) For a plaint of intrusion brought on Mon. 31 Oct. 1429, involving the same parties and property in the same pars., see Cal. P. & M. rolls, 1413–37 , 235.
  • 22. Shrieval year; no date given.
  • 23. Farrier or ironmonger?
  • 24. Proved 7 Mar. 1379, Cal. Wills , II, 203.
  • 25. Entry incomplete.
  • 26. At the head of the membrane is a note stating that on 19 Jun. 1432 this assize was brought in by John Wilton, undersheriff of Stephen Broun, sheriff.
  • 27. Commissary Court of London: Register of wills (More), ff. 57–58 (Guildhall Library Ms.9171/3). Will dated 1 Apr. 1420 and proved 7 Jun. 1420.
  • 28. The other names are illegible as the membrane is partly defaced.
  • 29. Bill, partly mutilated, attached to the left hand edge of m.29 together with a panel of jurors (m.27), the latter being illegible. m.26 is printed after m.28.
  • 30. Proved 4 Mar. 1280, Cal. Wills , I, 45–46.
  • 31. Statute of Merton, 20 Hy. III, c.8, Statutes , I, 3.
  • 32. Rotuli Parliamentorum , IV, 371.
  • 33. H.R. 161 (15).
  • 34. H.R. 142 (53).
  • 35. The documents in this plea are much defaced.
  • 36. Neither m.32 nor m.33 is headed. Similarity in the pleading and the same date of disseisin, 7 Jan., in 249 and 250, suggest that these two pleas were heard at about the same time.
  • 37. No other date given but see the date of disseisin in 250.
  • 38. Cal. P. R., Hy. VI, 1422–9 , but dated 8 Nov.
  • 39. The register of Henry Chichele , I (Canterbury and York Society, XLV, 1943), 244–5.
  • 40. Rotuli Parliamentorum , IV, 292–3.
  • 41. Membrane much defaced.
  • 42. In fact 7 Jan. fell on Wed.
  • 43. Proved 20 Oct. 1292, Cal. Wills , I, 107.
  • 44. At the head of the membrane appears a note: Copies of pleas and memoranda (mementorum).
  • 45. Document much damaged and defaced.
  • 46. At the head of the membrane appears a note: This assize was brought in here by [ ] Markham, undersheriff of Thomas Chalton, formerly sheriff, on 24 Nov. 1434.
  • 47. The total is illegible.
  • 48. Cal. P. & M. rolls, 1413–37 , 275.
  • 49. H. R. 137 (47).
  • 50. Cal. P. R., Hy. IV , IV, 245–6.
  • 51. The terms of the grant follow but are for the most part illegible, the document being much defaced. Part of the last line has been cut off but there is a row of holes at the foot of the document suggesting that another membrane was once attached.
  • 52. At the head of the membrane appears a note: On 9 Mar. 1437 this assize was brought in by Thomas Bernwell, formerly sheriff, and Thomas Burgoyne, his undersheriff. mm.36–40 were at one time sewn head to foot. mm.36d.,37d.,38d. and 39d. are blank.
  • 53. H.R. 158 (38).
  • 54. The pl.'s reply is partly illegible.
  • 55. Cal. P. R., Hy. IV , III, 23.
  • 56. Not filed up with the rest of the roll.