London Assize of Nuisance 1301-1431 A Calendar. Originally published by London Record Society, London, 1973.
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3 Aug 1358–2 Feb 1369 (nos 502–549)
[m. 7d.] Fri. 3 Aug. 1358. John de Stodeye, mayor, Adam Fraunceys, Roger de Depham, Thomas Perle, Simon de Worstede, Richard de Notyngham and John Malewayn, aldermen, and Bartholomew de Frestlyngg, aldermen and sheriff.
502. William de Sleford, parson of St. Thomas the Apostle, complains that William Soty and Margery his wife and Thomas son of John Baronet have in their messuage two solars of two storeys, which overhang the churchyard by 4½ ft. on the west and 6 ft. on the east, so that he cannot rebuild his chancel; and that they have a gutter (gutteram) 20 ft. long between the solars, through which the water flows from them on to his land and penetrates the foundations of the stone wall of the chancel to a length of 14 ft. on the east side, so that it threatens ruin and is broken down in divers places; and, further, that they have four windows and a door opening on to the churchyard, through which they and their servants can see and hear the private business of the pl. and his servants. The sheriffs testify that the defs. have been summoned by Robert de Westmelne, 'broydurer', and Thomas atte Cornere, 'brewere'. William and Margery make default but Thomas comes in person and answers as tenant of the tenement in question. He claims to have muniments bearing on the matter and is given a day at the quindene to produce them. On Fri. 31 Aug. the pls. appear against him, but he produces no written evidence, and shows no reason why the nuisances complained of should not be removed. After the premises have been viewed the proceedings are adjourned for lack of aldermen until Fri. 7 Sep., when, the record and process having been recited before John de Stodeye, mayor, Adam Fraunceys, Roger de Depham, William Welde, John Malewayn, Simon de Worstede and Richard de Notyngham, aldermen, Bartholomew de Frestlyngg and Stephen de Cavendyssh, aldermen and sheriffs, it is adjudged that within 40 days etc. the defs. remove as much of the solars as overhangs the churchyard, convey their water into the street or on to their own land, and block up the windows and door.
[m. 8] Fri. 7 June 1359. John Lovekyn, mayor, Hugh de Sadyngstanes, William Welde, Simon de Worstede, William Holbech, John de Chichestre and William de Tudenham, aldermen, and John Bernes and John de Bures sheriffs.
Fri. 6 Sep. 1359. John Lovekyn, mayor, Hugh de Sadelyngstances, John de Stodeye, Simon de Worstede, John de Chychestre, William Holbech, William de Tudenham, aldermen, and John de Bernes and John Bures, sheriffs.
505. Richard de Notyngham and Nicholas Ploket, mercer, complain that Nicholas Marchaunt and Richard de Bradefeld, 'brewere', have broken down their plastered wall (murum plastratum) in the par. of St. Lawrence in Old Jewry, and thrown refuse into two drains (cloace) belonging to their house.
506. Stephen de Waltham and Joan his wife complain that John Mychel, 'vynter', and Robert Hamond have inserted three corbels and beams in their stone wall in the par. of St. James de Garlekhethe. John de Bures and John Bernes, sheriffs, testify that the defs. have been summoned by John de Hardyngham and John Dunstaple. They come and claim to have muniments bearing on the matter, and are given a day to produce them. On Fri. 11 Oct. 1359 the pls. come but the defs. make default. Judgment is postponed for lack of aldermen until the following Wed. 16 Oct., when the pls. come.
509. William Brangwayn, 'vyneter', def., essoins himself against John prior of St. Bartholomew de Westsmethefeld by William Pusse, and the same John against the same William Brangwayn by William Russe.
510. Nicholas Hotot complains that Thomas de St. Edmunds and Idonea his wife have a latrine (latrinam) with two pipes (pipis) within the bounds of his adjoining tenement in the par. of St. Swithin de Candelwykstret. The sheriffs testify that the defs. have been summoned by John Walsh, goldsmith, and Nicholas Potyn. They come by John Dauncere, their attorney, and say that, by custom, no view ought to be held unless by the mayor and six aldermen, and the number now present is insufficient. They are ordered to make a further answer (ulterius), and thereupon ask judgment concerning the pl.'s bill, on the ground that the plea is properly one of intrusion and not of nuisance. After adjournment the parties come on Fri. 5 June 1360, but the assize is respited by their common consent until Fri. 26 June. The defs.' attorney then appears and claims to have muniments bearing on the case. He is given a day on Fri. 10 July to produce them, but essoins himself by John Purre who is ordered to produce his warrant at the quindene, viz. 24 July. On that day the parties come and the defs. say that the tenement now held by the pl. was formerly held, together with theirs, by Fulk de St. Edmunds, who gave it to William de Wollewercherchehawe and Olive his wife, at which time the privy (garderoba) was already parcel of the tenement which they now hold, and which, on Fulk's death, was inherited by James his son and heir, who devised it to his son John, on whose death it passed to his brother Thomas, the def., who thus with all his predecessors and their feoffees has been seised of the tenement, with the privy as parcel of the same. The pl., protesting, says that he does not acknowledge the privy to be parcel of the defs.' tenement. He maintains that Fulk de St. Edmunds gave the tenement which he now holds to William de Wollercherchehawe and Olive his wife with all rights and appurtenances whatsoever, and produces in court the relevant deed, in which the tenement is described as having been given to Fulk by Roger Loveday, kt., and as comprising a solar, cellar, kitchen, stable and garden situated between the tenements late of John de St. Osiths, John Deumars, and John de Bow (de Arcubus) on the north and the grantor's houses and wall on the south, and between St. Swithin's Lane on the west, and the tenements of William and Olive and of the donor on the east, paying to the abbot and convent of Westminster 2s. 8d. at the usual terms, and to the donor a clove at Christmas and a sum of money down as gersum. [m. 9d.] Witnesses: John de Bretoun, kt., warden of the City, John de Storteford and William de Storteford, sheriffs, John de Donestaple, alderman of the ward [of Walbrook], Thomas de Suthfolk, William de Red, Robert Persone, Simon de Brughton, James le Botyller, Hugh de Clopham, Peter de Braghyng, Thomas de Walden, William de Caxton, John de Hatfeld, Roger Foucke, Richard le Barker, serjeant of the ward, Ralph the clerk and others. Dated 16 Mar. 1298. The pl. asks judgment whether the defs. can claim anything in the messuage above described, or within the bounds thereof unless they can show a specialty. The defs. reiterate their claim that the privy in dispute has always been part of the tenement which they hold, and not of that of the pl.; and Nicholas retorts that it is included in the metes and bounds described in Fulk's deed recited above. Both parties ask that the matter be referred to a jury. After adjournment the pl. comes on Fri. 4 Sep. Thomas makes default, but Idonea appears in person and is admitted to plead. She repeats that both the tenements in question were formerly in the possession of Roger Loveday, who enfeoffed therewith Fulk de St. Edmunds, her husband's ancestor, at which time the privy was in the same place as at present, and belonged to the tenement which she and her husband now hold, and she asks judgment whether the assize can be maintained against her without a title. The pl. thereupon declares that in Fulk's time there was no privy in the tenement which he now holds, and asks that the matter be referred to a jury. Idonea, who persists in her claim, makes a similar request. A jury is summoned for Fri. 18 Sep. The parties appear but the jurors do not come. On Fri. 3 Oct. they again fail to appear and the assize is respited until Fri. 16 Oct.
511. Thomas Cheyner, 'mercier', son and heir of Henry Cheyner, complains that Alice relict of John de Staunton, kt., has built a house upon her land interfering with his free access by a right of way, guaranteed by deed, from St. Laurence's Lane in Jewry, within the def.'s gate, to his tenement. Walter de Berneye and John Dynes, sheriffs, testify that the def. has been summoned by John de Bedyngton, mercer, and Nicholas de Horwoode, but she makes default. Because the mayor and aldermen wish to be more fully informed concerning the truth of the pl.'s allegations, William de Grenyngham, serjeant of the Chamber, is ordered to cause 24 lawful men of St. Laurence Lane to appear before them on Fri. 18 Dec. to enquire concerning the truth of the pl.'s allegations. After adjournment the pl. comes in person on Fri. 29 Jan. 1361, but the def. again makes default. The jury comes by Richard Russell, Roger Reygate, Thomas atte Shoppe, Stephen Edulf, Richard Wayte, William Gorel, Adam Sprot, William Stoke, John Abraham, Thomas Charlewod, Robert Foundour and Robert le Chaundeler, who say upon oath that the pl. is entitled to a right of way through the gate of the def.'s tenement from St. Laurence Lane to his tenement, and that the def. has impeded him by building a house. Judgment that within 40 days etc. the nuisance be removed. [Margin: Recuperacio.]
512. John Fraunceys, tawyer, and Emma his wife complain that the rainwater from the adjoining tenement of Bartholomew Guy do, 'chaungeour', falls through a gutter (gutteram) upon their vacant plot of land, 14 ft. long, in the par. of St. Clement by Candelwykestret. John Deynes and Walter de Berneye, sheriffs, testify that the def. has been summoned by John de Thame and John Tiryngton. He appears but the proceedings are adjourned at the request of the parties until the quindene. [Margin: Dies amoris.]
513. John Lytle, 'pessoner', complains that the tenement of Thomas Clenche and Goda his wife in the par. of St. Magnus de Bruggestret is ruinous and broken down with age, and without a roof (coopertura discoopertum), and is on the point of collapsing into the king's highway, to the grave danger of the passers-by; and it is sinking down (succumbit) upon the pl.'s tenement to which it is affixed with iron nails, so that it rots the party-walls and threatens to overthrow the said tenement because of its ruinous state. Walter de Berneye and John Deynes, sheriffs, testify that the def. has been summoned by Richard Greylond and William de Olneye, but they do not come. The mayor and aldermen view the premises and give the pl. a day on Fri. 26 Feb. to hear judgment. On that day, the record and process having been recited in the presence of John Wroth, mayor, and the aldermen, it is adjudged that within 40 days etc. the nuisances be removed. The sheriffs are ordered to warn the defs. accordingly.
Fri. 1 Apr. 1362. John Pecche, mayor, Thomas Lodelowe, John Lytle, Walter Forester, William de Tudenham, Simon de Worstede and Thomas de Pykenham, aldermen, and William Holbech and James de Thame, aldermen and sheriffs.
514. Roger Newe and Agnes his wife complain that Richard de Worstede, mercer, and Margaret his wife have made six windows in their adjoining tenement in the par. of St. Alphege, less than 16 ft. from the ground and overlooking their land, so that the defs. and their tenants can see all their private business, and through which they throw refuse into their garden. The sheriffs testify that the defs. have been summoned by Henry de Bradele and John de Walden, but they make default. After viewing the premises the mayor and aldermen adjudge that within 40 days etc. the defs. block up the windows. They are in mercy. [Margin: Misericordia.]
[m. 12] Fri. 24 Feb. 1363. Stephen de Cavendyssh, mayor, John Lovekyn, Thomas de Lodelowe, Adam Fraunceys, William Welde, William de Tudenham, Bartholomew de Frestlyng, aldermen, and John de St. Albans and James Andrew, aldermen and sheriffs.
518. Henry Godchep and Agnes his wife complain that whereas they and the prior of the hospital of St. Mary without Bisshopesgate have a number of adjoining tenements in the par. of St. Mary le Bow, between which is a stone wall 85 ft. long and 3 ft. wide belonging wholly to the pls., the def. has placed on it his timber for building. The sheriffs testify that the def. has been summoned by William atte Wode and John Russe. He comes in person, but although he can show no specialty in support of his claim to build upon the wall, he asks that the mayor and aldermen view the site in the presence of the masons and carpenters. It is found that the wall, as alleged, belongs entirely to the pls., and it is therefore adjudged that they have and hold it as appurtenant to their tenement, and that within 40 days etc. the def. must remove his timber, and all other nuisances, and rebuild the wall as it was formerly.
519. Margery de Honylane, prioress of St. Helen's, complains by Robert de Watlyngton, her attorney, that the earthen wall 20 ft. long between her garden and that of Thomas Hore, smith, in the par. of St. Ethelburga the Virgin, which stands upon her land, is ruinous and broken down, so that strange men and animals enter her garden and trample down the grass (herbagia) and other things growing there, and carry off the fruit, and see the private business of the pl. and her servants. The def. who had essoined himself, makes default. The mayor and aldermen, having viewed the premises, find that the pl.'s allegations are correct. Judgment that within 40 days etc. the def. repair the wall, as he is bound to do.
520. The same Margery complains by her attorney that the earthen wall 25 ft. long between her garden and that of Simon le Spycer 'lombard', in the par. of St. Peter de Cornhull, and built upon her land, is ruinous, [etc. as in 519. Judgment as in 519.]
521. Amaury de Shyrlond, clerk, complains that Thomas Chauntecler has a tenement adjoining his land on the west side in the par. of St. Bride de Fletestret, and for lack of a fillet-gutter (filetti) 86 ft. long the rainwater from the chambers on the west side of his tenement and likewise, for lack of a similar gutter 25 ft. long, from another chamber on the south side, falls upon the pl.'s land; and, further, from two other gutters (stillicidia) the water in rainy weather falls upon his land; and he has six windows in a stone wall of his tenement, and sundry other windows and apertures (foramina) in other plastered walls (muris plastratis) looking on to the pl.'s land, through which he and strangers visiting (perhendinantes) and staying (morantes) there can see the private business of the pl. John Hyltoft and Richard de Croydon, sheriffs, testify that the def. has been summoned by Robert de York and Andrew Grauncourt, but he does not come. Upon viewing the premises the mayor and aldermen find that the nuisances are as alleged. Judgment that within 40 days etc. the def. make a fillet-gutter (filettum) 86 ft. long upon the chambers on the west side of his tenement, and on the chamber on the south side another 25 ft. long, and that he turn (declinata) the two other gutters (stillicidia) so that the rainwater can flow on to his own land or into the street, and block up the windows and apertures of which the pl. complains.
[m. 13] Fri. 10 Nov. 1363. John Nott, mayor, Thomas de Lodelowe, John Lovekyn, John de Stodeye, John Litle, James de Thame, William de Tudenham and Walter Forester, aldermen, and Richard de Croydon, sheriff.
522. Adam Lovekyn and Katherine his wife complain that the tenement of Elias Catesby, chaplain, John Brewere, John Olyver, senior, John Oliver, junior, (fn. 1) Henry Cancy, Richard Haslemere, Richard Kene, Brian Tannere, Thomas de Benchesham, John Story, senior, Robert Lenard, Robert Dunvill and John Totyng adjoining theirs on the west side in the par. of St. Michael upon Cornhull, is so ruinous that it is on the point of collapse, because of the weakness and decay of the timber, and it leans against the pls.' tenement, so that their wall on the west side, measuring 19½ ells in length, is broken down by the heavy weight. Richard de Croydon and John Hyltoft, sheriffs, testify that the defs. have been summoned by Stephen Daubeneye and Andrew Pyebakere, but they make default. The mayor and aldermen, having viewed the premises, and wishing to take counsel with the carpenters and masons concerning the judgment to be given, give the pls. a day on Mon. 25 Nov. On that day the pls. appear in person, and the record and process having been recited and full information obtained from the carpenters and masons, it is adjudged that the nuisances be removed within 40 days etc. [m. 13d. Blank.]
[m. 14d.] Fri. 24 Oct. 1365. Adam de Bury, mayor, John Lovekyn, Adam Fraunceys, William Halden, William Welde, John de St. Albans, John Lytle and Simon de Worstede, aldermen, and John de Briclesworth and Thomas de Irlond, sheriffs.
524. Simon de Worsted, mercer, complains that Gilbert Lyrp, 'bakere', who has a tenement adjoining his in the par. of St. Alphege within Crepulgate, has built up a stack (staccum) of large wood called 'wodefyn' next the party wall of his tenement, and in rainy weather the drips fall from it on to the wall and rot all the timber. Further, Gilbert has various animals —viz. oxen, cows and pigs, which constantly break down the walls of his house, and their excrement rots the foundations. The sheriffs testify that the def. has been summoned by William Kyng, 'tymbermongere', and William Whelpele, tawyer, but he does not come. The mayor and aldermen, after viewing the premises, give the pl. a day on Fri. 7 Nov. to hear judgment. On that day he appears against the def. at the pleas of assize held before Adam de Bury, mayor, Adam Fraunceys, William Haldene, William Welde, Thomas Pykenham, and James Andrew, aldermen, but Gilbert makes default. Judgment that he remove the nuisances within 40 days etc.
525. John Pecche, John Moy, John Blaunche, William Passeware, Richard de Knoesle, Walter Bacheler, Thomas de Thornton, John de Mytford, Richard de Stokes, Thomas de Same, Robert Box, John de Pakenham, Thomas Fourneux, Hugh le Walssh, Adam Carlel, John de Redyng, John de Levendale, Michael de Cornewayll, Robert de Somersete, John de Kyrkeby, Thomas de Essex, Andrew de Cornewayll, John de Waudene and Adam de Chyppenham, chaplain, complain by John de Peruch, their attorney, that in rainy weather, for lack of a fillet-gutter (filettum) 68 ft. long, on the east side, the water from the adjoining tenement of William de Coloygne, clerk, in the par. of St. Peter upon Cornhull falls upon their land; and that he has seven windows in the party-wall of his tenement opening thereon, through which his tenants and servants throw out refuse and other scandalous things (facinora); and that he has a house adjoining their garden in which are five gutters (guttere), from which all the water falls upon their land, and there are twelve windows opening upon the same garden through which the def.'s tenants throw urine and other filth, and see the private business of the pls.' tenants. The def. comes in person and claims to have muniments bearing on the case. He is given a day on Fri. 6 Nov. [? rectius 1 or 7 Nov.] to produce them. On that day the def. essoins himself by William Russe, who is ordered to produce his warrant at the quindene. On 20 Nov. [? rectius 14 or 21 Nov.] the pls. again appear by their attorney against the def., who does not come. The mayor and aldermen find the nuisances to be as alleged and give the pl. a day on Fri. 28 Nov. at Guildhall to hear judgment. The assize then comes by Adam de Bury, mayor, John Lovekyn, Adam Fraunceys, William de Halden, William Welde, Thomas Pykenham and James Andrew, aldermen, and the sheriffs, and the record and process having been recited, it is adjudged that the nuisances be removed within 40 days etc. The sheriffs are ordered to warn William de Coloygne accordingly.
526. [m. 15d.] At the Husting of Pleas of Land held on Mon. 16 Nov. 1366, John de Totenham, Richard atte Cherche and Richard de Shrobshire delivered a bill [French] to the mayor and aldermen, certifying that the wall between William Stokes and Richart Storteford running from east to west is partible between them unless William can produce an enrolled deed in his favour. The arches of the wall are of the same depth on either side, and the old wall-plate and beams of William's tenement do not occupy a full half of its width.
Et predicti Willelmus Stokes et Ricardus Storteford petunt quod predicta billa irrotulatur in rotulis assisarum nocumentorum etc. Et ista billa irrotulata fuit die veneris in festo Sancti Edmundi Regis et martiris anno quadragesimo supradicto de assensu parcium predictarum [20 Nov. 1366].
Certificate of John de Totenham, Richard de Salyng, Richard de Schropschire and Richard atte Cherche, carpenters and masons [French]. They report that Thomas atte Noket, citizen and draper, who has a tenement in the par. of Our Lady of Wolnoth in Lombardstrete, situated between the tenement of Gilbert de Hoo, formerly belonging to Thomas de Ware, 'pelliter', and called 'la Cardenaleshatte' on the east, and that of Cecily de Bosenham on the west, is entitled to 12¾ ins. of the stone wall, between his tenement and Gilbert's, and extending northwards for 10 ells 1 in. to his kitchen. Further, he is entitled to 9½ ins. of the wall running north for 13¼ ells from his same kitchen, in which, moreover, there is a chimney which overhangs his tenement, to his great inconvenience, and which ought to be demolished. Also, there is a leaden gutter (une gotiere de plombe, guttysoun) 7½ ells long on la Cardenaleshat, from which the water overflows on to Thomas's land (place), and which Gilbert ought to turn away from his tenement (droit est qe le dit Gilbert de Hoo face turner la dite guttysoun hors del tenement le dit Thomas). Finally, the stone wall between Thomas's hall (sale) and the tenement of Cecily de Bosenham, extending northwards to the tenement of Thomas de Irland, is declared to be partible between Thomas and Cecily.
Istud recordum intratur hic tempore Johannis Lovekyn maioris anno regni regis Edwardi tercii post conquestum quadragesimo [1366–7] ad rogatum et assensum predictorum Thome atte Noket et Gilberti de Hoo ad testificandum de premissis tempore futuro.
528. The prior of St. Bartholomew de Westsmethefeld complains that the water from the houses of Roger Lachebrok and Margaret his wife adjoining his in the par. of All Hallows de Honylane, falls in rainy weather upon his land to a length of 167 ft., and that they have two doors and twenty windows below the height of 16 ft. from the ground, opening on to his land, through which they and their tenants see the private business of his tenants, and a solar of which the jetties overhang his land to a length of 32 ft. 2 ins. and a width of 2 ft. Simon de Mordon and John de Mitford, formerly sheriffs, returned elsewhere that the defs. had been summoned by John Herewardstok' and Simon de Leuesham. They come, and ask that the prior's declaration (declaracionis) be read. Having heard it, they say that they have muniments relating to their tenements which are not at present to hand, and they are given a day to produce them on Fri. 21 Nov. 1365. On that day the parties come. The defs. produce no documents, but answer as tenants of the tenement in question. They say, protesting, that they do not acknowledge the nuisances of which the prior complains, and cite an assize brought against them by his predecessor, John, during the mayoralty of John Stodeye, when the number of windows complained of was eleven and not twenty, and the mayor and aldermen, having viewed the premises, were unable to reach a conclusion, and so, on Fri. 19 Jan. 1358, declared both parties to be sine die . They ask judgment whether, in consequence, the present pl. should be allowed an assize. The prior reaffirms that there are now twenty windows, and asks that the additional nine be viewed by the mayor and aldermen, with the masons and carpenters. He maintains that the previous judgment ought not to exclude him from an assize as regards the remaining nuisances, since it was not in conformity with the plea of either party (eo quod in se totaliter extitit repugnans et non referebatur nec extitit conformis placito alicuius partis parcium predictarum, set predicto placito totaliter impertinens fuit et aliena). Moreover, in the earlier proceedings, Prior John, in challenging the right of way of the defs. on the land between their tenements, had expressly and without contradiction claimed it as his own, so that they were not entitled to any easements thereon unless they could show a specialty, [m. 16d.] He argues further, that in any judgment rendered in accordance with right and reason, by which a person is finally excluded from an action, either the pl. must acquire or recover something, and the def. be in mercy for an unjust defence, or the def. must retain what he holds and the pl. be in mercy for a false plaint (quia in omni iudicio secundum formam iuris et racionis reddito per quod aliquis ab accione sua finaliter exclùderetur, requiritur ut pars conquerens aliquid adquirat sive recuperet per suam querelam et defendens pro iniusta defencione in misericordia, aut quod defendens teneat pacifice quod prius tenuit et idem conquerens pro iniusta prosecucione sive querela in misericordia), and since in the previous proceedings this principle was not observed, the judgment (consideracio) amounted to no more than an adjournment (discontinuacio) until the mayor and aldermen should have deliberated more fully on the matter. He therefore asks that a view be now made with the assistance of the masons and carpenters. After adjournment until Mon. 1 Dec. 1365 that the mayor and aldermen may be more fully advised, the prior comes. Roger de Lachebrok makes default, but Margaret is admitted to plead. She says that John Douuegate, late citizen, formerly held the tenements concerning which the nuisances are alleged, with all the appurtenant easements, and that she is his kinswoman and heiress, viz. the daughter of Thomas, the son of Joan, the daughter of John, to whom John devised the tenements in fee tail. The pl., protesting, refuses to acknowledge the entail or to recognise the def.'s claim to the easements unless she can produce a specialty, and demands that, since the action is one of nuisance, in which no free tenement is in question, an assize be held and the nuisances removed. After further adjournments the parties come on Sat. 13 Dec. 1365. Margaret refuses to admit the nuisances, but says that the land between her tenements and those of the pl. is a lane (venella), which has existed from time out of mind, and by which she and her ancestors and those whose estate she holds have always enjoyed free access to Chepe, and to her kitchen, which opens upon the lane; and in it all the other tenants and lessees dwelling there, and merchants buying and selling their wares have enjoyed a like easement. She says further that the doors and windows complained of open upon the lane, and the rainwater from her tenements flows through it into Chepe, and her jetties extend into the middle of it, and that rebuilding and repairs are undertaken by tenants when necessary. She asks judgment whether the pl. is entitled to an assize. [m. 17] The prior, protesting, maintains that what Margaret calls a lane in common use is in fact parcel of his own land, which, as his deeds clearly show, and as she does not deny, adjoins immediately her own, and declares that, according to the law and custom of the City, easements which cause a nuisance to another, even if in existence long before the purchase of a tenement, or continuously enjoyed from time out of mind, are void unless a specialty can be shown. He therefore demands that the nuisances of which he complains be viewed and removed. The def. denies that the lane is parcel of the pl.'s tenement, and that the custom of the City is as alleged, and asks judgment since the pl. does not deny that she, her ancestors and those whose estate she holds have enjoyed the use of the lane and the other easements time out of mind. The proceedings are adjourned until Mon. 19 Jan. 1366 that the court may be more fully advised, [m. 17d.] There follow numerous other adjournments until Fri. 16 Oct. 1366, when Richard de Olneye, the def.'s attorney, reports that she has died. It is therefore adjudged that the pl. take nothing for his plaint, and be sine die.
[m. 18] Fri. 22 Jan. 1367. John Lovekyn, mayor, Adam Fraunceys, William Halden, William Welde, Stephen Cavendyssh, John de St. Albans, William de Tudenham, aldermen, and John Warde and Thomas atte Leye, sheriffs.
Fri. 29 Jan. 1367. John Lovekyn, mayor, Adam Fraunceys, Stephen Cavendyssh, William Halden, William Welde, William de Tudenham and John de St. Albans, aldermen, and John Warde and Thomas atte Leye, sheriffs.
531. Thomas, prior of the hospital of St. Mary without Bysshopesgate, def., essoins himself against William de Sandford, clerk, by William atte Purre. Robert de Wachyngton, pl.'s attorney. [Margin: Concord'.]
533. John Limare, William Stodle, rector of St. Benet beside Pauleswharf, Thomas de Morle, John de Somerton and Stephen Stanard, parishioners, defs., essoin themselves against Robert de Draycote, prior of the new hospital of St. Mary within Crepulgate, by William atte Polle.
534. Report [French] to the mayor and aldermen by Richard atte Celer and John Cook, appointed arbitrators (nounpiers) in a dispute between Robert Gille and John Lyterworth concerning a gutter (gotere) leading from a well (fountaigne) which they share and are jointly bound to repair, in accordance with an indenture made between them. The parties agree that Robert shall make the outlet (fra le issue) and undertake the repair of the gutter leading (issant) from the well on to John's land and into the street in the par. of St. Andrew upon Cornhull, carrying out the work well and competently (convenablement) in all respects at his own expense, whenever necessary, so that in future John shall suffer no damage or inconvenience (greve) through his default. The agreement is enrolled at the request of the parties and the arbitrators.
536. The commonalty complain by John de Wentebrigg, common serjeant, that Agnes relict of William de Leyre has a solar in the par. of All Hallows the Less in Douuegate ward which overhangs the king's highway by 23 ft. in length and 10 ft. in width, gravely impeding the people living there, and the common folk passing along the street, and preventing the neighbours from carting hay and straw and other victuals to their tenements. The sheriffs testify that the def. has been summoned by Nicholas de Snypston and William Cavel, but she makes default. The mayor and aldermen, having viewed the premises, give the pl. a day at Guildhall on Sat. 11 Dec. to hear judgment. On that day he appears in the Chamber, in the presence of James Andrew, mayor, William de Halden, John de Stodeye, Stephen de Cavendyssh, Bartholomew de Frestlyngg, Simon de Mordon, Walter Forster, John Chychestre, William de Tudenham, John de St. Albans, John Lyttle and Richard de Croydon, aldermen, John de Tornegold, alderman and sheriff, and William Dykeman, sheriff, and the record and process having been read, it is adjudged that within 40 days etc. the nuisance be wholly removed, according to the terms of the statute of buildings (iuxta formam statuti editi de edificiis). The sheriffs are ordered to warn the def. accordingly.
537. [m. 19] Thomas Whytcherch and William Whetele, tawyers, complain that the same Agnes has a solar in the same par. which overhangs their land to a length of 16 ft. and a width of 7 ins. so that they cannot build their house upright (linialiter in altitudine). The sheriffs testify that the def. has been solemnly summoned upon the land where the nuisances are alleged to be, by Nicholas de Snypston and William Cavell, but she makes default. The mayor and aldermen, having viewed the premises, give the pls. a day at Guildhall on Sat. 11 Dec. to hear judgment. On that day, in the presence of the mayor and aldermen [as in 536] they appear, and it is adjudged that within 40 days etc. the nuisance be wholly removed. The sheriffs are ordered to warn the def. accordingly.
539. William la Zouche of Haryngworth, kt., def., essoins himself against Richard de Penbrigg, kt., by William Russe. (fn. 2)
544. Thurs. 27 July 1368, Adam Chippenham, parson of St. Clement Candelwykstrete, presented a bill in the following terms: As mair et Recordour de la Citee de Londres monstrent Adam Chippenham persone del esglise de Seint Clement ioust Candelwykstrete en Londres et les parochiens de mesme lesglise, que come Roger de Depham devisa certains tenementz en la dite paroche as mair aldermans et commonalte de la dite Citee a eux et a lour successours a touz iours, queux tenementz sont edifiez od ij gettez chescun parmont altre, pendantz outre la esglise et le cymiter de mesme la esglise a graunt anoysaunce de les persone et parochiens avantditz, dont pur dieu et en amendement de le alme avantdit Roger ils prient remedie.
After the mayor and aldermen had viewed the premises, and taken counsel among themselves and discussed the matter (habito . . . colloquio) with the complainants, the latter agreed that the tenement should remain in perpetuity as at present, and released and quit-claimed, for themselves and their successors, all actions, plaints and demands concerning it. The mayor, aldermen and commonalty in their turn undertook to provide the parson and parishioners yearly from the Chamber, by the hands of the chamberlain, with two torches (torcheas) of new wax, weighing 24 lbs., on the vigil of the Assumption, to burn at the elevation of the Body of Christ, and on appropriate occasions (temporibus opportunis) when the Lord's Body is carried (pro baiulacione) through the parish, as long as the tenement remains in their hands.
545. Alice relict of John Deynes complains that William Dykeman, 'ismongere', and Idonea his wife have a tenement in the par. of St. Olave in Old Jewry, in Lovelane, over against (erga) hers on the north side, consisting of two storeys, of which the second, in front, on the west side of the lane extends for a width of 5 ins. beyond the middle of the lane and continues, gradually diminishing (particulariter dimuendo) for 21 ft. towards the east side, so that the pl. cannot build her tenement on the south side of the lane by reason of the overhang. The defs. come in person and say that they have muniments bearing upon the matter, and are given a day to produce them on Fri. 3 Nov. After adjournment the assize comes on the land on Fri. 17 Nov. by Simon de Mordon, mayor, William de Halden, John de Stodeye, James Andreu, William Welde, William de Tudenham and John de Mitford, aldermen, and Adam de Wymondham and Robert Gurdlere, sheriffs. The pl. appears by her attorney, Robert Creswyk. William Dykeman makes default. Idonea comes prepared to answer and is admitted to plead in defence of her right, but she says nothing to delay the assize. After viewing the premises the mayor and aldermen find that the allegations of the pl. are correct, and it is adjudged that the nuisance be removed within 40 days etc. The sheriffs are ordered to warn the defs. accordingly.
546. Adam Chipenham, parson of St. Clement in Estchepe, Thomas Clench and John Pope, parishioners, complain that Christine Pekham has a house with a jetty which overhangs the churchyard for a length of 15 ft. and a width of 2 ft., with two gutters (stillicidia) projecting for 2½ ft. beyond the jetty (pendent ultra predictum geticium in cemiterio predicto) from which the rainwater falls upon the churchyard. The sheriffs testify that the def. has been summoned by Thomas de Same, 'taillour', and William atte Watere, 'bocher', but she makes default. The mayor and aldermen view the premises, but wishing to be more fully advised, give the pls. a day at Guildhall on Fri. 17 Nov. On that day the assize comes by the mayor, aldermen and sheriffs [as in 545] and it is adjudged that within 40 days etc. the nuisances be removed. The sheriffs are ordered to warn the def. accordingly.
547. John de Wentbrigge, common serjeant, complains on behalf of the commonalty that Geoffrey Marchal has built a forge (fabricam) in the par. of St. Michael de Hoggenlane in Wodstret in the public highway, which is greatly narrowed thereby, and a pentice above it, so that laden horses and carts and horsemen and persons carrying burdens cannot pass without difficulty, as they were formerly accustomed to do. The def. comes in person, but says nothing to delay the assize. The mayor and aldermen, having viewed the site, adjourn the proceedings until Mon. 22 Jan. On that day the def. makes default, but the record and process having been read in the presence of the mayor, William Halden, recorder, William Welde, John Lytle, William Tudenham, John Tornegold, Bartholomew Frestlyng and John Mitford, aldermen, it is adjudged that within 40 days etc. the nuisance be removed. The sheriffs are ordered to warn the def. accordingly.
548. [m. 21d.] John Beaufront, 'wolmongere', and Margery his wife complain that the same Geoffrey Mareschal of Wodestret has built a forge in the public highway with a pentice above, so that scarcely any daylight can penetrate their shop, and the craftsmen (artifices) who used to carry on their trade and craft (artificum et misterum) there can no longer see to do so. The def. comes in person. [Remainder as in 547.]
549. John Haukyn complains that the rainwater from the house of Alice relict of William de Bury, late citizen and draper, in the par. of St. Botolph without Algate, falls upon his garden, so that the vines (vites) and other plants (herbe) there, which used to grow and bear fruit, are withered (arescunt) and barren (fructum proferre nequeunt); and she has six windows below the height of 16 ft. from the ground opening on to his garden, through which her tenants can see his private business and that of his tenants. The def. comes and claims to have muniments bearing on the matter, and is given a day on Fri. 16 Feb. when the def. essoins herself by James Posse, who is ordered to produce his warrant at the quindene [Fri. 2 Mar.]. After further adjournment until Fri. 16 Mar. the parties come, but the def. says nothing to delay the assize. Since the mayor and aldermen find by view that the pl.'s allegations are correct, it is adjudged that the nuisances be removed within 40 days etc. and the sheriffs are ordered to warn the def. to block up the windows, and to make a fillet-gutter (filettum) to carry off the rainwater on to her own land or into the street.