London Assize of Nuisance, 1301-1431: A Calendar. Originally published by London Record Society, London, 1973.
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16 Feb 1369–5 May 1374 (nos 550–599)
566. Thomas Whitcherch, tawyer, complains that Maud Frembaud has an open window in her tenement in the par. of St. Michael at Corne, opening upon his, and that her tenants constantly come out of it into his gutter (gutter'), into which they throw excrement and other refuse, so that it is stopped up, and the rainwater cannot escape, but overflows and floods his wall and rots the timber; and she has another tenement adjoining his, with a plastered wall (murum plastratum), broken down and open on the east side, through which her tenants go in and out, and see his private business; and the rainwater from her tenement, and the water which her tenants draw from her well falls upon his land, and flows through a gutter in the midst of another tenement belonging to him. The def. comes in person and says that she has muniments bearing on the matter, and is given a day on Fri. 30 Nov. to produce them. She then essoins herself by Robert Watlyngton, who is ordered to produce his warrant at the quindene. After further adjournment the mayor and aldermen come on Fri. 8 Feb. 1370 and give the parties a day at Guildhall on Mon. 11 Feb. to hear judgment. It is adjudged that within 40 days etc. the nuisances be removed and the broken plastered wall repaired. The sheriffs are ordered to warn the def. accordingly.
Certificate [French] of Richard de Shropshire and Thomas Fant, carpenters, Richard atte Chirche and Thomas atte Barnet, master masons, to the effect that the tenements of Thomas Whitcherche and Maud Frembaud were formerly one (dune frame), and built together (faitz ensemble), and that the couple beams (les couples bemes) of Thomas's tenement form the reason (fn. 1) (resun) of the party-wall between them, but that another of Maud's party-walls rests upon the reason of Thomas's tenement, and is affixed to it by nails. It therefore seems that the first party-wall ought to belong to Thomas.
567. Agnes relict of William de Glendale complains of Michael de Cornewaill and Fredeswyde his wife who say that they have nothing in the tenement concerning which the nuisance is alleged save for a term of years and that the fee belongs to the dean and chapter of St. Paul's. Therefore the pl. is in mercy and the defs. sine die.
569. Brother Robert de Madyngton, guardian of the Friars Minor, complains by Robert de Watlyngton, his attorney, that Richard Bayser, 'bocher', and Emma his wife have built a 'skaldynghous' in their tenement in Pentecostlane in the par. of St. Nicholas Shambles, in which they slaughter pigs and many other animals, and the water mixed with the blood and hair of the slaughtered animals, and with other filth from the washing (lotura) [of the carcases], flows into the ditch or kennel in the street, through which it is carried into the friars' garden, causing a stench in many places there. The defs. come, but show no cause why the assize should be delayed. The mayor and aldermen, having viewed the premises, give the parties a day to hear judgment.
570. Adam, abbot of Rewley (de loco regali) near Oxford, complains by William Hockelee, his attorney, that in rainy weather the water from the tenement of Thomas de Salesbury, kt., which is 20 ft. long, and adjoins his in the par. of St. Stephen de Colmanstret falls upon his land, for lack of a fillet-gutter (filettum); and also that the def. has an earthen wall 200 ft. long standing upon the pl.'s land, and adjoining his garden, which is ruinous in various places, and because the def. does not repair it as he is bound to do, men and dogs and other animals enter and tread down and destroy the plants (herbas) growing in the garden. The def. comes by Robert de Watlyngton, his attorney, and says that he has muniments bearing on the matter. He is given a day at the quindene to produce them.
572. Agnes relict of William de Glendale complains by Robert de Watlyngton, her attorney, that the dean and chapter of St. Paul's have a house adjoining her tenement in the par. of St. Matthew de Frydaystret, from which in rainy weather, for lack of a leaden fillet-gutter (filetti plumbi) 18½ ft. long, the water falls upon her land; and whereas she has in her garden a soakaway (voragine) 6 ft. long and 2 ft. wide to receive the water from her house, which from time out of mind used to flow thence through a gutter (gutter') in the wall of the defs.' tenement, they have now obstructed it so that the water flows back (refluit) and floods the walls and floors (areas) of the buildings (domorum) in her tenement. John Piel and Hugh Holbech, sheriffs, testify that the defs. have been summoned by William Passeware and Thomas Skremyn of Frydaystret, but they do not come. After viewing the premises, the mayor and aldermen give the parties a day at the quindene to hear judgment. Afterwards, on Fri. 26 Apr. 1370, Agnes appears by her attorney against the defs. who make default, and the record and process having been recited, it is adjudged that within 40 days etc. the defs. repair the fillet-gutter (filettum) and clear the other gutter (gutter') so that the water from the pl.'s soakaway may flow freely as it used to do.
574. On Mon. 11 Mar. 1370 Geoffrey de la Launde, parson of St. Leonard de Estchepe, Walter Hervyll, 'peutrer', and the other parishioners, presented to the mayor and recorder a bill [French] in the following terms: the above-named parson and Walter Hervyll, William Ivory, Robert Boydon, Robert Lyndewyk, Thomas Spicer, John Bronnesbury, Henry atte Beche, Richard atte Suyte, William Gylet and the other parishioners, complain that Walter Doget claims a window in the party-wall of the church, to the nuisance and disherison of the parson and parishioners and of a house which they have bought in honour of God, his Blessed Mother, and all Saints for the enlargement and repair of the same church; and that the pentice of a room and a garret (gareyte) in his house overhang the churchyard; and, further, that he holds by deed (feat) a plot of land in the churchyard for an annual rent of 8s., on condition of building there upon four posts, but has done nothing. John Chamberleyn, serjeant, is ordered to cause the parties to appear before the mayor and aldermen on Fri. 15 Mar. Both come in person, and the def., having heard the bill read, says that he has muniments bearing on the matter. He is given a day on Fri. 22 Mar. to produce them. On that day both parties again appear and the def. maintains his claim to the window as the son and heir of Thomas Doget, who was seised of the same and of the view through it into the chapel, and had enjoyed for a long time the overhang (iactesia) and the light, both high and low (luminaria alta et yma) in his buildings (domibus) next the church and churchyard, having given a portion of his house, in honour of God and the Blessed Virgin, for the enlargement of the said chapel. He produces an indenture between Richard de Godwyneston, late rector, Thomas de Burgh, William Knyth, John Odyerne, Boydin Fader, Adam de Canefeld, John atte Gate, Geoffrey Fairher, John Blod, John Leman, John Edward, Richard Casse and Gilbert atte Forde, parishioners, and the above-named Thomas Doget, 'vynter', reciting his gift to the church of a portion of his house, and guaranteeing in return to him and his heirs enjoyment in perpetuity of the overhang and light, with the right to insert a wooden plate 5 ft. long and 6 ins. wide on the west side of the chapel to support that side of his house, and to enjoy the view through a small window built in the corner of the chapel wall during Mass (tempore missalis servicili). Dated Fri. 15 Aug. 1337. As to the pentice and garret, the def. says that, as a parishioner, he is entitled to the easement, and that they were not built to the nuisance of the pls. Concerning the plot of land in the churchyard, he produces an indenture between himself, citizen and vintner, and Thomas Archer, late rector, William Ivory, Robert Boydon, Walter Hervill, 'peuatrer', Robert Lyndewyk, John Fairher and John Bronnesbury, parishioners, in which the rector and parishioners lease to him for 99 years, as from the following 24 June, a vacant plot of land between his own tenement on the north, and that of Robert Furneux on the south, and between the tenement of Roger Shipbrok on the west and the churchyard on the east, for an annual rent of 8s., the lessors retaining the right to distrain for arrears, with permission to build there on four sufficient posts measuring 8 or 9 ft. from the ground to the joists (gistas). Dated 22 May 1364. Witnesses: John Lytle, Richard de Croydon, William Cherchegate and others. He declares that he has duly paid the rent and that the rector and parishioners have no right to molest (occasionare) him. [m. 27d.] On Fri. 29 Mar. 1370 the assize comes upon the site (super placeam predictam) by John Chichestre, mayor, Adam Fraunceys, William Halden, recorder, John Pecche, Stephen Cavendisshe, Simon de Mordon, William Welde, Bartholomew Frestlyng, John Warde and John Pyel, aldermen, and Hugh Holbech, sheriff, who find by view that the pls. have suffered no nuisance. It is therefore adjudged that the def. retain the window and view into the chapel, and the pentice and garret and plot of land with all the other easements enjoyed hitherto. Thereupon, in the presence of the mayor and aldermen, the parties agree that Walter shall cause a new window to be built in the corner of the new stone wall, in the same place as before, and shall continue to enjoy, without challenge, all the other easements to which he lays claim, and they ask that the agreement be enrolled in the above form.
Fri. 15, 22, 29 Mar., 5 Apr., 5 July (after the feast of St. Leo, pope), 8 Mar. (before the feast of St. Gregory) (fn. 2) 1370. Assize adjourned.
577. William de Ufford, earl of Suffolk, and Joan his wife complain by Robert de Watlyngton, their attorney, that whereas they have a messuage in the par. of St. Mary de Somersete, extending from Tamisestret to the river, and adjoining on the east side Disebourlane, John Tornegold, citizen and fishmonger, has a messuage on the west side of the lane, likewise extending from the street to the Thames, and he holds the said lane, which is 215 ft. long, 7 ft. wide at the end next the street, and 1 ell wide at the end next the river, and there used to be, in the midst of the same lane, a kennel (canellum) deep and wide enough to receive and carry off all the water flowing from all the City streets into the river, but the def. has raised with stones and timber the level of the lane adjoining his messuage, and has dug out the soil adjoining that of the pls., and has made a gutter (gutteram) across (extransverso) the end (capud) of the lane next the Thames, by which the flow of water is held back and cannot escape, so that all the water flowing from the street, and the water, both hot and cold, thrown out by the tenants-at-will (tenentes per voluntatem) of the def., flows back (refluit) on to the pls.' party-walls and rots and penetrates them, and enters their messuage with such force and in such quantity that they and their tenants cannot remain (comorari) there. Further, the def. has built across the lane at the end next the street an iron grating (cratam ferream), which holds back the water which used to flow out through the lane so that it flows back on to the end of the pls.' house which abuts upon the street, and the walls are rotted, and the pls. and their tenants cannot enter by the door there. The def. comes in person, and says that John de Gildesburgh, citizen and fishmonger, formerly held the tenement which he now holds, and the present king, by his letters patent, (fn. 3) produced in court (? quas ostendit), confirmed him in possession, and therefore the assize does not lie. The pls. contend that he has shown no cause why they should be excluded from the assize, and since he makes no further defence, the proceedings continue. The mayor and aldermen, having viewed the premises, give the parties a day on Sat. 16 Nov. After adjournment until Mon. 10 Mar. 1371 the pls. come by their attorney, and the def. in person, and the premises having been recited it is adjudged that the nuisances be removed within 40 days etc.
Fri. 28 Mar. and (? 28 [sic] June, the feast of St. Leo, pope) (fn. 4) 1371. Assize adjourned.
581. Certificate [French] of Richard Sropshire and Thomas Fant, carpenters, Thomas atte Barnet and Richard atte Chirche, masons, to the mayor, recorder, and aldermen, touching the tenements of 'les bones gentz de la Fraternite des Haberdassheres' in St. Laurence Lane, Old Jewry, joined to the timber of a chamber called 'haltepas' held by William Waleys, 'gurdeler'. They report that a door (buys) of the haberdashers' tenement is hung on hinges (crokes) affixed to the timber of William's tenement, and that it ought to be removed and re-hung upon hinges in the haberdashers' tenement.
Thomas Botulston, John Grafton and Henry Northfolke appear on behalf of the fraternity, but can show no cause why the door of their tenement should hang on hinges (cardines) on William's timber. It is therefore adjudged that it be removed and re-hung on their own timber, and that they enter and leave by it as formerly.
582. Certificate [French] of the same carpenters and masons concerning the quay of Oystregate and the land of the prior and convent of St. Mary de Overee to the following effect:— 'vous plese savoir que nous avoms vieu le wharf de Oystregate et la terre le Priour et covent de nostre dame de Overee quel est parentre le Wharf William Byce envers le West dune part et la venelle de Oystregate susdit envers le est. Sur quel vew nous vous dioms qe le dit priour et covent ont fyche lour pyle sur la commune en laure au poynt de lour auncien place sur Thamise al est bout de lour wharf iouste Oystregate par ij pees et iij pouces et le quart dune pouce, et issint le dit wharf contient dilloeque tanque a le Wharf William Byce xv pies, et le coyn del mure a de piere du dit priour et covent a la cornere iouste Oystregate susdit adiugge bon et qelle estera as touz iours.'
583. Certificate [French] of the same carpenters and masons concerning the fixtures (choses nient remuables) in the tenement held for life by Philip Draper, cook, in the par. of St. Michael atte Corne. They report that they viewed the premises in the presence of Henry Yuele, William Fraunceys, Richard Godchild, William Twyford and John Simond, "chaundeler', and found that Thomas Bermysygham [sic] had removed (arace) two leaden vessels (plumb') in a stone oven (ffurneys de pere), a leaden 'tappetrowe', and a 'maltbynne' affixed by nails to the timber of the tenement, and two 'ovenemouthes', the which articles are the property of William Burdeyn and Isabel his wife, daughter and heiress of the above-named Philip, and, according to the custom of the City, ought not to have been removed.
Thereupon William Burdeyn appears in person against Thomas Bermyngham [sic], who makes default, and because he had previously put himself upon the view of the masons and carpenters, it is ordered that he be distrained to appear on Fri. 7 Oct. to hear judgment, and the same day is given to the pl. (fn. 5) [m. 30d. Blank.]
584. John Schalyngford, 'taillour', complains that John Prentys, draper, has in his tenement in the par. of St. Nicholas Shambles a soakaway (varaginem) next his stone wall, the foundation of which is rotted by the water and filth from it; and in rainy weather the water penetrates the wall and flows into a cellar in his tenement, and settles on his land. The sheriffs testify that the def. has been summoned by Walter atte Grene and Richard Bayser, 'bocher', but he makes default. The mayor and aldermen, having viewed the premises, and found conditions to be as alleged, give the pl. a day at Guildhall to hear judgment on Mon. 13 Dec. On that day, at the Husting of Common Pleas, it is adjudged that the nuisances be removed within 40 days etc.
585. Thomas Kendale, rector of St. Augustine by St. Paul's Gate, and Richard Pykebourne, chaplain, complain that there is a wooden roof (coopertura de ligno) called a 'pentys' affixed to the party-wall of the house of William Kentoys and Alice his wife adjoining theirs in the abovenamed par., and in rainy weather the water falling upon it lies upon their walls and rots them. They complain further that whereas they have a stable (stabulum) situated above a vault (valtam), with a high chamber (cameram altam) above part of the stable, the aforesaid Thomas and Richard [? rectius William and Alice] have a latrine below the said chamber and above part of the stable, and the party-walls at its back and sides are affixed to the beams (trabibus) of the same chamber in such wise that the beams cannot sustain their weight but are forced out of position (unde parietes predicte tali modo fixe tam ponderantes super trabes predictas, ita quod trabe ille sustentare non poterunt pondus nec onus predictum, et per quod trabe predicte detracte sunt extra naturalem gradum suum), so that the chamber is in danger of collapse. Also, beneath the latrine is a cess-pit (puteus), the bottom (fundus) of which is level with the aforesaid vault (equalis in profunditate valte predicte), so that the ordure therefrom stops it up, and emits so great a stench that the pls. can have no profit from their stable, and the beams of the vault are rotted.
586. William Stodeye, 'vynter', complains that a solar in the tenement of Thomas Kynwardesle above the alley leading to the entrance (aleiam introitus) of the pl.'s tenement in the par. of St. Martin in Vintry is broken down and the roof thereof demolished (prostratus), so that it stands open, and in rainy weather the water falls from it on to his land, and flows into his cellar, and rots his timber and party-walls; and the def. has a stone wall beneath the same solar, extending along the east side of the alley, which, on account of its insecurity (propter debilitatem) leans so heavily upon the pl.'s buildings and so weighs them down (super illas iacet eas opprimendo) that their party-walls are broken, and the joists (giste), planks (planchie), and beams (trabes) are thrust out of position (a proprio situ suo expelluntur); and the buildings are on the point of collapse; also, the wall itself is so insecure, and so far out of the perpendicular (tam debilis et ruinosus et declinans est versus tenementi predicti Willelmi) that it is a grave danger to all passing along the alley. Further, the water from the def.'s houses built upon the same wall falls in rainy weather, for lack of a fillet-gutter (filettum) running the length of his tenement, upon the pl.'s land in the alley aforesaid. John Philipot and Nicholas Bremble, sheriffs, testify that the def. has been summoned by Geoffrey Neuton and John Aas, but he makes default. The mayor and aldermen, having viewed the premises, give the pl. a day at Guildhall on Mon. 13 Dec. 1372 to hear judgment. He comes in person, and the premises having been recited, it is adjudged that within 40 days etc. the def. repair the solar and stone wall and make a fillet-gutter to receive and carry off the water. The sheriffs are ordered to warn him accordingly.
587. John de Wentebrigg complains that whereas all the water falling within his close (clauso) used to flow through a gutter (gutterum) in the midst of the adjoining tenement of John Froile and Edmund Daunvers in the par. of St. Peter by Oldefisshstret, into the street, the defs. have now stopped up the gutter and prevented (pertubarunt) the flow of water, so that as well in rainy weather as at other times it remains standing on the ground in his close, and often flows into his cellar and rots both the foundations and the timber of his party-walls. John Philippot and Nicholas Brembre, sheriffs, testify that the defs. have been summoned by William Kelshull, 'pessoner', and William Carlill, 'botiller', but they make default. The mayor and aldermen, having viewed the premises and found the nuisances to be as alleged, give the pl. a day at Guildhall on Fri. 7 Jan. 1373 to hear judgment, when, the premises having been recited in the presence of John Pyel, mayor, William Halden, recorder, John Wroth, John Stodeye, John Little, Adam Stable, William Walworth and John Philippot, aldermen, it is adjudged that within 40 days etc. the nuisances be removed, and that the defs. clear the gutter so that the water from the pl.'s close can flow as formerly into the street through their tenement.
588. Memorandum that Thomas de Newenham, clerk, lately sued out a bill of assize of nuisance against William Herland, carpenter, because he refused to give 1½ ft. of his land towards the building of a stone wall between their gardens in the pars. of St. Benet at le Wodewharf, and St. Peter the Less by Pauleswharf. Afterwards, on Fri. 1 Apr. 1373, the parties appeared before John Pyel, mayor, at Guildhall, and agreed together to build a new stone wall upon their common land and at their common charges, in accordance with the custom of the City, the same to remain in common to them and their heirs and assigns in perpetuity. This agreement and grant the mayor recorded and reported to the recorder and aldermen, and ordered it to be enrolled in the above form. [Cf. 590.]
589. William Schirbourne and Isabel his wife complain that Edmund Cheyne, kt, and Katherine his wife, who have a tenement in the par. of St. Swithin 14 ells less 6 ins. wide, including a building which used to be a tenter-yard (tentorium), have removed the roof thereof and torn up and carried away a leaden gutter (gutteram plumbiam) annexed to the pls.' tenement, through which their rainwater used to flow, so that the water now falls on their timber and the party-walls of their tenement and rots them; and the defs.' timber has collapsed (ruit), and leans against the pls.' buildings, which are on the point of falling to the ground by reason of the weight. John Philippot and Nicholas Brembre, sheriffs, testify that the defs. have been summoned by John Hende and Robert Watlyngton, but they make default. The mayor and aldermen, having viewed the premises, give the pls. a day at Guildhall at the next Husting to hear judgment. Afterwards, at the Husting of Common Pleas held on Mon. 25 July 1373, the pls. appear in person against the defs., who again make default. Judgment that within 40 days etc. they re-roof the building in their tenement which was formerly a tenter-yard, replace the gutter through which the pls.' water used to flow, and remove the timber which has collapsed and leans against the pls.' buildings. The sheriffs are ordered to warn them accordingly.
[m. 32d.] Fri. 13 May 1373. John Pyel, mayor, Adam Fraunceys, William Halden, John Stodeye, John Chichestre, John Litle, William Walworth, Walter Forster, John Mitford, John Tornegold, Nicholas Brembre and John Philippot, aldermen.
590. Thomas de Newenham, clerk, complains that William Herland, carpenter, has a tenement and garden in the par. of St. Benet at le Wodwharf, adjoining his in the par. of St. Peter the Less by Pouleswharf, but refuses to participate in the building of a wall between them, so that the pl.'s garden lies open and the plants growing there are trodden down and destroyed. The def. appears, but shows no cause why a wall should not be built in accordance with the assize. The mayor and aldermen, having viewed the premises, give the parties a day at Guildhall on Mon. 16 May to hear judgment. On that day they both appear in person, and the premises having been recited, and the parties having agreed together to build a stone wall 60 ft. long between their tenements, it is adjudged that within 40 days etc. each shall give 1½ ft. of his land for the building of a wall 3 ft. wide and 16 ft. high, the same to remain to them in common. [Cf. 588.]
591. On Thurs. 11 Aug. 1373 Richard de Stortford, 'letherseller', delivered to the mayor and aldermen a bill [French] complaining that William de Stoke and Margery his wife had sued out a bill of assize of nuisance against him in Nov. 1366  concerning their tenement in the par. of St. Lawrence in old Juerye, and by their common consent and order of the mayor and aldermen for the time being, the master carpenters and masons had viewed the alleged nuisance, which concerned a stone wall running from east to west between the tenements of the parties, and had certified that it was partible between them, and that the arches on either side of it were the same depth, and the old plate and beams (bemes) of William's tenement occupied less than half of its width. The certificate was duly enrolled at the request of the parties, but later, the pl. wishing to build on his portion of the wall, and having long made ready his timber (et long temps passe eit fait son meryn), William maliciously refused to allow him to carry out his intention.
The certificate having been inspected, William de Greyngham, serjeant, was ordered to warn both parties to appear on the following Sat. 13 Aug. The defs. appear in person, and, asked whether they could show any cause why the pl. should not build upon his portion of the wall, declare that they do not acknowledge (intendunt) the wall to be partible, as certified by the carpenters and masons, but claim it as their exclusive property and they ask that the same carpenters and masons view it, and certify the mayor and aldermen of their findings. The pl. asks likewise that judgment be given in accordance with their report, as the law and custom of the City require. The parties are given a day on Wed. 31 Aug., and the carpenters and masons, present in court, are ordered to make their return on the same day. They, i.e. Thomas Fant, Richard Schropsshire, Richard atte Chirche and Thomas atte Barnet, then certify in writing [French] that the wall extending from west to east between the two tenements is partible between Thomas and William and Margery, unless the latter can show any ancient deed enrolled to the contrary. They say also that the arches on both sides of the wall are of equal depth, and that the beams and plate of William's tenement do not occupy a full half of the wall. Further, there is on Richard's side an old cupboard (almorye), and the joists (gistes) of his tenement were affixed to the said wall, as is shown by the 'pertuces' (fn. 6) of an old house which formerly stood there.
The above having been recited in the presence of John Piel, mayor, Adam Fraunceys, William Haldene, recorder, John Stodeye, James Andrew, John Chichestre, John Bernes, John Warde, Adam Stable, John Aubrey and John Philipott, aldermen, and the same sheriff, it is adjudged that Richard may build upon one half and the defs. upon the other, from end to end, and that within 40 days etc. the latter are to demolish anything they have built beyond their half to the nuisance of the pl.
592. William Dykeman, 'ismongere', complains that Brother Henry, master of the hospital of St. Thomas the Martyr, Suthewerk, has twelve apertures (foramina) below the height of 16 ft. in his tenement in the par. of St. Edmund de Lumbardstret opening on to the pl.'s garden, through which the tenants of the def. see the private business of the pl.'s tenants, and throw refuse into his garden. Nicholas Brembre and John Philipot, sheriffs, testify that the def. has been summoned by John Cok, 'chaundeler', and Andrew Smyth, 'pyebakere', but he makes default. The mayor and aldermen view the premises, and give the pl. a day at Guildhall on Mon. 22 Aug. to hear judgment. After adjournment until the Husting of Pleas of Land on Mon. 24 Oct. the pl. appears in person before John Pyel, mayor, William Haldeyn, recorder, John Lytile, John Aubrey and the sheriffs and aldermen [sic] and it is adjudged that the sheriffs be ordered to warn the def. to block up the apertures within 40 days etc.
593. On Fri. 25 Nov. 1373 the mayor and aldermen, because of pressing business touching the City, are unable to hold the assize between Nicholas, abbot of Cirencester, pl., and William Sallowe and Alice his wife, which is adjourned until Fri. 9 Dec. On Mon. 21 Nov. at the Husting of Pleas of Land, Nicholas, abbot of Cirencester, presented a bill of assize of nuisance against William Sallowe and Alice his wife concerning a tenement in the par. of St. Bride in Fletstret. Afterwards, on Fri. 9 Dec. the pl. appears by Henry Berdefeld, his attorney, and William Sallowe comes in person, and they freely put themselves upon the view and ordinance of the master masons and carpenters, who are accordingly ordered to make the view and certify the result to the mayor and aldermen. On Tues. 20 Dec. they report that a broken-down earthen wall between the tenement of the def. on the west and that of the pl. on the east, measures in length from north to south between the privy (garderoba) of the def. and the tenement of the earl of Lincoln, 22 ells 2½ ft., and since it stands on the abbot's land, they are of opinion that William Sallowe is bound to repair it. The parties are warned to appear on Thurs. 22 Dec. to hear judgment, when, the premises having been recited, William is ordered to rebuild the wall to the same length, breadth and height as formerly, within 40 days etc. (fn. 7)
595. Philip de Crumpton and Alice his wife complain that the wall of plastered wood (murum ligno plastratum) measuring 23½ ells in length and 1 ft. in width, between a stone wall of the pls.' tenement and the tenement of Robert Savage, and dividing his garden from theirs in the par. of St. John Zakarie, is ruinous and fallen to the ground, because Robert refuses to repair it, as he is bound to do; and the pls.' garden consequently lies open, so that men and animals destroy and trample down the plants growing there. The sheriffs testify that the def. has been summoned by Peter Fykelden and Robert Lucas, but he makes default. The mayor and aldermen, having viewed the premises and found the nuisance to be as alleged, give the pls. a day to hear judgment at Guildhall on Fri. 10 Feb. On that day the pls. appear, and the premises having been recited in the presence of Adam de Bury, mayor, William Halden, recorder, John Lytle, John Mitford, William Waleworth and Adam Stable, aldermen, it is adjudged that within 40 days etc. the def. build a wall of plastered wood of the same length, breadth and height as that which it is to replace; and the sheriffs are ordered to warn him accordingly.
596. Edmund Penerege, rector of St. Edmund in Lombardstrete, Thomas atte Barnet, 'hosteler', and John Leycestre, cordwainer, churchwardens, pls., and their pledges in mercy for not prosecuting their plaint against William de Sleford, dean, and the chapter of St. Stephen Westminster.
597. William Walworth, citizen and alderman, complains that whereas there is an old stone wall 12 ells less 7 ins. in length between the tenement of William de Wotton and his garden in the par. of St. Michael de Crokydlane, and he has in it two arches (archeas), each 1 ft. deep, in virtue of which he is entitled to affix his wall-plate (panam) thereto to a width of 1 ft. for the whole length of the wall, the def. has built the solar of his tenement across the entire width of the wall, so that the pl. is prevented from building on his wall-plate. John Aubrey and John Fyf hede, sheriffs, testify that the def. has been summoned by John de War' and Richard Edward, but he makes default. The mayor and aldermen, having viewed the premises, give the pl. a day at Guildhall on Mon. 6 Mar. to hear judgment. After numerous adjournments because the court is not fully advised, the pl. appears at the Husting of Pleas of Land on Mon. 17 July, and the premises having been recited in the presence of the mayor, recorder, John Bernes, Bartholomew Fristlyng and Adam Stable, aldermen, it is adjudged that within 40 days etc. the def. remove the nuisance. He is in mercy.
598. John Bakewell complains that in rainy weather the water from the tenement of John Semer of Gyldeford in the par. of St. Lawrence in Old Jewry, falls upon his adjoining stone wall, 32 ft. long by 12 ft. high, so that it is rotted and has become ruinous and broken down for lack of a filletgutter (filetti) which the def. is bound to affix to it to carry off the rainwater aforesaid. John Aubrey and John Fyfhede, sheriffs, testify that the def. has been summoned by John Hook and Adam Sprot, but he makes default. The mayor and aldermen, having viewed the premises, and found the nuisance to be as alleged, give the pl. a day at Guildhall on Thurs. 4 May to hear judgment. On that day he comes in person, and the premises having been recited in the presence of the mayor, recorder, Adam Fraunceys, Simon de Mordon, John Chichestre, John Pyel, Bartholomew Frestlyng, John Aubrey and Richard Lyons, aldermen, it is adjudged that within 40 days etc. John Semer build at his own expense a fillet-gutter the length of the wall in question, to carry off the water from his tenement on to his own land or into the street. He is to be warned accordingly.
599. William Chevelee, 'taylour', and Isabel his wife and William's daughter Emma complain that the rainwater from the buildings (domibus) of John Turk, clerk, and Alexander Turk, falls upon their adjoining house and garden in the par. of St. Andrew upon Cornhull for a distance of 84 ft., for lack of leaden gutters (gutterarum de plumbo) which the defs. ought to provide to convey the water on to their own land or into the street. As a result, the greater part of the pl.'s house is decayed and ruinous, and the plants (herbe) in their garden are destroyed (adnullate). John Turk appears by John Asshwell, his attorney, and Alexander by Richard Forster. John says that he holds a plot of land 50 ft. long and 1 ft. wide for a term of 293 years, in virtue of a lease by Isabel Gloucestre, late prioress of St. Helen's, and her convent, to Richard Baldewyne, whose estate he now holds, and that the free tenement belongs to the prioress and convent for the time being, and he asks judgment concerning the bill. Against this the pls. affirm that the defs. have the free tenement of the land in question, as stated in the bill, and they ask that the question be referred to a jury. John and Alexander concur. It is ordered that a jury be summoned for Fri. 2 June. The proceedings are twice respited by consent until Fri. 30 June. [See also 608.]