London Assize of Nuisance 1301-1431 A Calendar. Originally published by London Record Society, London, 1973.
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MISC. ROLL FF
18 Nov 1356 – 20 Jul 1358 (nos 481–501)
481. The prioress of Halywell, def., essoins herself against Walter Doublet, rector of All Hallows de Bredstrete, Thomas Dolsely, John de Brinchesle, John de Mapelesden, John Botyller, Sampson de Swafham and Walter Bacheler, parishioners, by William atte Wodegate.
482. John Bokstede, carpenter, complains that, whereas John Chaundeler and Emma his wife have a tenement adjoining his in the par. of St. Michael de Wodestrete, and a leaden gutter (guttera) 60 ft. long lies between them which ought to be maintained at their common charges, he has recently rebuilt his house to a height greatly exceeding that of the defs. and has made a gutter to receive his own water and convey it into the street; but because of the failure of the defs. to repair their portion, the rainwater from their buildings falls into his house and rots his timber to a length of 60 ft. The sheriffs testify that the defs. have been summoned by Richard Brok and John Brown. They come but show no cause why the nuisance should not be removed. The mayor and aldermen, having viewed the premises, adjudge that within 40 days etc. the defs. repair the gutter. Defs. in mercy. [Margin: Iudicium reddendum in misericordia.]
483. Thomas Moryce, common serjeant, complains on behalf of the commonalty that William Stacy and Margery his wife and William Crokhorn have erected a forge (fabricam) in the public street in the same par. greatly narrowing it, and gravely impeding the inhabitants and common people passing by. The sheriffs testify that the defs. have been summoned by John de Boxton and Richard de (? Reve), 'hanyper', but they make default. The mayor and aldermen, having viewed the premises, but wishing to be more fully informed, (fn. 1) give the pl. a day on Fri. 11 Aug. to hear judgment. At the assizes held on that day they appoint Simon de Worstede, alderman of Crepulgate, to enquire by a jury of the ward whether the forge is indeed to the nuisance of the common people, and report to them on Fri. 25 Aug. On the appointed day Simon certifies, in the Chamber of Guildhall, that on Tues. 22 Aug. a jury of the venue of Wodestret, viz. John de Kent, 'haneper', Walter Brok, John Broun, Peter de Fikelden, William le Coupere, Nicholas de Harpesfeld, Reginald Pyxlee, William de Aston, Gilbert Spencer, Richard Lacer, goldsmith, John Buntyng and Geoffrey Whyte testified upon oath that the forge in question is to the grave detriment of both inhabitants and passers-by, and William de Greyngham, serjeant of the Chamber, is accordingly ordered to cause the defs. to remove it within 40 days etc.
[m. 2] Fri. 24 Feb. 1357. Henry Pykard, mayor, Adam Fraunceys, John Lovekyn, Thomas Leggy, Roger de Depham, William atte Welde, and John de Stodeye, aldermen, and Richard de Notyngham, sheriff and alderman.
485. Andrew Pykeman, 'pesshoner', complains that Hugh de Sadelyngstanes and Isabel his wife have, in their tenement adjoining his in the par. of St. Botolph next Billynggesgate, a latrine 12 ft. long and 12 ft. deep, from which, for lack of a stone wall 2½ ft. thick or an earthen wall 3½ ft. thick, the sewage penetrates the wall of his tenement and rots it, so that his house built thereon is greatly weakened, and threatens ruin. The sheriffs testify that the defs. have been summoned by John de Pounfreyt and Robert le Gurdlere, but they make default. The mayor and aldermen view the premises and find the nuisance to be as alleged; but wishing to be more fully informed, they give the pl. a day at Guildhall on Fri. 23 June, to hear judgment, and he is instructed, in the meantime, to refer the matter to the carpenters and masons. At the assizes held on Fri. 14 July the pl. appears against the defs., but they again make default. Judgment that within 40 days etc. they build a stone wall 2½ ft. thick, or an earthen wall 3½ ft. thick, between their latrine and the wall of the pl.'s tenement.
Fri. 14 July 1357. Henry Pycard, mayor, Roger de Depham, Adam Fraunceys, William Welde, Simon de Worstede, Bartholomew de Frestlyngg and Thomas Perle, aldermen, and Thomas Dolsely and Richard de Notyngham, aldermen and sheriffs.
486. Stephen de Waltham and Joan his wife complain that the prior of the new hospital of St. Mary within Crepulgate has a tenement adjoining their tenement and land in the par. of St. Alphege, with a gutter (stillicidium) which overhangs their land to a length of 20 ft. and a width of ½ ft.; and the water from his tenement falls upon their land through a leaden pipe (pipam plumbeam) in the middle of the said gutter, so that the foundations of their tenement are rotted. The sheriffs testify that the def. has been summoned by Walter Brok and Alan Ruddok. He comes in person, and says that he has muniments touching his tenement which are not at present to hand. He is given a day to produce them at Guildhall on Fri. 28 July. After adjournments, the parties come on Fri. 25 Aug., and the def. personally acknowledges that the gutter is to the nuisance of the pis. Judgment that within 40 days etc he remove it, and cause the water from his tenement to be conveyed into the street or on to his own land. He is in mercy. [Margin: Misericordia.]
487. The commonalty complain by Thomas Moryce, common serjeant, that Ralph, rector of St. Botolph without Aldresgate, has built on the soil of the commonalty, adjoining Houndesdych, a latrine in which all kinds of filth accumulate, to the damage of passers-by, and the nuisance of the commonalty. The sheriffs testify that the def. has been summoned by William de Greyngham and William Beauner, but he does not come. The mayor and aldermen, having viewed the site and found conditions to be as alleged, adjudge that within 40 days etc. the def. remove the nuisance.
488. [m. 3d.] William Heyroun, 'vineter', and Sarah his wife complain that, whereas Thomas de St. Edmunds and Idonea his wife have a plot of ground called le Tytingwowes adjoining their tenement in the par. of St. Michael de la Crokedelane, they and their workmen (homines ipsorum deservientes) come and go by the steps in an alley (allea) running through their (the pls.') tenement, carrying wet cloths, from which the water falls upon the said steps, and runs thence to various parts of the tenement, so that the foundations are rotted. The sheriffs testify that the defs. have been summoned by Richard Bungeye and Giles Pykeman. They come by Alan de Horewode, their attorney, and say that they have muniments bearing on the case which are not at present to hand, and they are given a day on Fri. 28 July to produce them. On that day the pls. appear in person, but Alan de Horwode essoins himself by William atte Posse, who is ordered to produce his warrant at the quindene [Fri. 11 Aug.]. On the appointed day the pls. again appear in person and the defs. by their attorney. They say that the action does not lie, because John Joce, kt., was formerly seised of the tenement now held by the pls., with other tenements and dye-works (tinctoria), together with the right of entry and exit belonging to the same; and by deed dated Mon. 19 Feb. 1303 he granted to William Bussh, citizen and merchant, certain tenements and dye-works, with the right of entry and exit by the steps which are now within the pls.' tenement. William Bussh, by deed dated Fri. 5 May 1307, granted the same to James de St. Edmunds, who was succeeded in turn by his sons John and Thomas. The latter was seised of the premises for a long time; but on Sun. 31 Oct. 1350 he granted them to Richard de Keleshull, kt., who, by deed dated Tues. 9 Nov. 1350 granted them to the defs., who thus, with their ancestors and feoffors have always been peacefully seised of the tenement and dyeworks, and have used and enjoyed the right of entry and exit through the pls.' tenement; and they challenge the right of the pls. to bring an assize on their simple word, and without showing any specialty. The pls. say that the entry ought not to be by their steps from le Crokedelane, but by the lane at Estchepe next Candelwykstrete; but the defs. repeat their claim that they and their predecessors have always enjoyed the use of the steps in the pls.' tenement, which, they allege, remained in the possession of John Joce long after his grant to William Bussh, and they put themselves upon their country. It is ordered that a jury of the venue of the par. of St. Michael de Candelwykstrete be summoned for Fri. 25 Aug. 1357. On that day the assize comes by Henry Pycard, mayor, Roger de Depham, William Welde, Simon de Worstede, Bartholomew de Frestlyngg, Adam de Bury, aldermen, Richard de Notyngham and Thomas Dolseley, aldermen and sheriffs, but the pis. do not prosecute their plaint. Therefore they and their pledges are in mercy, and the defs. sine die. [Margin: Misericordia.]
10 Nov. 1357. John de Stodeye, mayor, Adam Fraunceys, Roger de Depham, William Welde, Simon de Worstede, Richard de Not [ingham], Simon Dolsely and Thomas Dolsely, aldermen, and Bartholomew de Frestlyngg and Stephen Cavendych, sheriffs.
492. The prior of St. Bartholomew de Westsmethefeld complains that Roger Lachebrok and Margaret his wife have two doors in their tenement opening on to his land and that of his church, through which they come and go, and eleven windows less than 16 ft. from the ground, through which they can see all the private business of his tenants; and whereas they ought to convey the rainwater from their tenement on to their own land or into the street, it falls upon his land; and they have a jetty 32 ft. 2 ins. long and 2 ft. wide overhanging his land, and an oven (furnum) 1 ft. 11 ins. wide and 6 ft. long standing upon it. The sheriffs testify that the defs. have been summoned by Walter Parker and John de Nasyngg. Roger comes in person and Margaret by Richard de Olneye, her guardian. They claim that they have muniments touching the tenement in question and are given a day at the quindene to produce them. On Fri. 19 Jan. 1358 both parties come but the defs. do not produce any written evidence. Answering as tenants of the tenement in question, they say that they and all their predecessors have been seised of the door, windows and other easements, with the right of free entry and exit by the land lying between their tenement and that of the pl. The prior, who comes in person, maintains that he and his predecessors, and those whose estate he holds, have been seised, time out of mind, in right of his church, of the land in question, and that the defs. cannot lay claim to any easements thereon, unless they can produce a specialty. After adjournment until Fri. 16 Feb. the assize comes by John de Stodeye, mayor, Roger de Depham, William Holbech, John Pecche, John Malewayn and Richard de Notyngham, aldermen, and the parties appear in person. Having viewed the site, the mayor and aldermen find it impossible to come to any conclusion, since the land in dispute is vacant, and neither party can produce a specialty in support of their claim to it.
493. Thomas Moryce, common serjeant, complains on behalf of the commonalty that John son of John de Guldeford and Thomas his brother have a great gate in the par. of St. Lawrence in Old Jewry, through which carts and horses with a variety of merchandise come and go upon the soil of the commonalty, so that access by the mayor and aldermen and other citizens to the Guildhall is gravely impeded, and the dung and other refuse which are thrown through the gate are an abomination to the common people passing along the road at night; moreover the defs. have eight windows below the height of 16 ft. from the ground overlooking the soil of the commonalty, and two leaden pipes (pipas plumbi) through which the water from their houses falls upon it, and a jetty (geticium) of two storeys overhanging it by 4 ft. Stephen Cavendyssh and Bartholomew de Frestlyngg, sheriffs, testify that the defs. have been summoned by John de Kayton and Thomas de Neuport. They come by their guardian, John Lucas, and claim to have muniments relating to their tenement. They are given a day on Fri. 2 Feb. to produce them. After adjournment the parties come on Fri. 16 Feb. before the mayor and aldermen [as in 492] but the defs. show no cause why the nuisances should not be removed. Judgment that within 40 days etc. they block up the gate and windows, remove the pipes and jetty, and convey their water on to their own land or into the street.
494. Thomas Moryce, common serjeant, complains on behalf of the commonalty that the master of the scholars of Balliolhalle, Oxford, rector of the church of St. Lawrence in Old Jewry, and his parishioners, have a great gate in a stone wall which opens upon the soil of the commonalty, through which men living in the churchyard throw dung and other refuse, and make their privies, which is an abomination to the mayor and aldermen and the common people passing along the street; and the access of the mayor and aldermen and other citizens is frequently impeded by carts and horses passing through the gate with different kinds of merchandise. Stephen Cavendyssh and Bartholomew Frestlyng, sheriffs, testify by John de Morton, their clerk, that the defs. have been summoned by John de Kayton and Thomas de Neuport. The rector makes default. Richard de Notyngham, mercer, and the other parishioners come but show no cause why they should have the gate complained of. The mayor and aldermen view the site and give the pl. a day on Fri. 16 Feb. to hear judgment. On that day the assize comes and the parties appear. Judgment that the rector and parishioners block up the gate complained of within 40 days etc.
[m. 6] Fri. 20 Apr. 1358. John de Stodeye, mayor, Roger de Depham, William Welde, John de Chychestre, Simon de Worsted, William Holbech and Richard de Notyngham, aldermen, and Bartholomew de Frestlyngg and Stephen Cavendyssh, sheriffs.
496. The abbot of Circestre complains by John de Morton, his attorney, that whereas Roger Lestraunge, kt, has a tenement with a garden adjoining his garden in the par. of St. Bride the Virgin, in Fletestret, on the north side of his hall, the def.'s tenants and servants enter his garden and trample down the grass (herbagia) and other things growing there, because the earthen wall between them, 43 ells long, is ruinous and broken down, and, since it stands wholly on his land, ought to be repaired by the def. The sheriffs testify that the def. has been summoned by John de Berdene and John Lucas, 'tayllour', but he makes default. The mayor and aldermen find by view that the nuisance is as alleged, and give the pl. a day at Guildhall on Fri. 27 Apr. to hear judgment. On that day he appears by attorney against the def., who again makes default. Judgment that within 40 days etc. the def. repair the wall, as he is bound to do. (fn. 2)
Fri. 18 May 1358. John de Stodeye, mayor, Roger de Depham, William Welde, Simon de Worstede, John de Chychestre, Thomas Dolsely and William Holbech, aldermen, and Bartholomew de Frestlyngg and Stephen Cavendyssh, sheriffs.
Fri. 1 June 1358. John de Stodeye, mayor, John Lovekyn, Roger de Depham, William Welde, Simon de Worstede, Thomas Dolsely and Thomas Perle, aldermen, and Bartholomew de Frestlyng and Stephen Cavendissh, sheriffs.
500. John de Kyrkeby, draper, complains that the stone wall 18 ft. long of the tenement of Ralph Hattere and Agnes his wife adjoining his in the par. of St. Augustine at St. Paul's gate is so ruinous that it overhangs the pl.'s kitchen by 2 ft. so that it is daily threatened with collapse, to the great danger of all those dwelling in his house; and the water from the def.'s tenement falls, for lack of a gutter (guttere) 7 ft. long, upon his wall and rots it. The sheriffs testify that the defs. have been summoned by Henry le Galeys and William Passeware but they do not come. The mayor and aldermen find by view that conditions are as described, and give the pl. a day at the next Husting at Guildhall to hear judgment. Afterwards, at the Husting of Common Pleas held on Mon. 23 July, the pl. appears against the defs., who again make default. After inspecting the record and process, the mayor and aldermen adjudge that within 40 days etc. the defs. remove the portion of their wall overhanging the pl.'s kitchen, and erect a gutter 7 ft. long.
501. [m. 7] William Musehacche, William Forester, John Mymmes, John atte Felde, John Bristowe and Joan Mychel complain that whereas Thomas Piphurst, goldsmith, has a messuage adjoining that which they jointly hold in the par. of St. Mary le Bow, and between them the pls. had a gutter (gutteram) affixed by nails to their messuage, the def. has removed the same, and built another 23 ft. long and 3 ft. wide near where the pls.' gutter used to be as a result of which the rainwater cannot now make its escape, but enters the pls.' messuage in divers places and rots their timber. The sheriffs testify that the def. has been summoned by Richard de Wrotham and Thomas de Welles. He comes in person and denies the nuisance. The mayor and aldermen, having viewed the premises and taken counsel with the carpenters and masons, find that at the north end of the gutter complained of, the pls.' messuage ought to extend 11 ins. beyond (extra) the wooden wall above (supra) the stone wall there, over against (versus) the def.'s messuage, and at the south end 9 ins. They give the parties a day at the next Husting to hear judgment. At the Husting of Common Pleas held on Mon. 23 July the parties come, and the record and process having been recited in the presence of John de Stodeye, mayor, Roger de Depham, William Welde, William Holbech, John de Chichestre, Simon de Worstede and Thomas Dolsely, aldermen, Bartholomew de Frestlyngg and Stephen de Cavendissh, aldermen and sheriffs, it is adjudged that within 40 days etc. the def. restore the gutter to its former state and previous position.