London Assize of Nuisance, 1301-1431: A Calendar. Originally published by London Record Society, London, 1973.
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MISC. ROLL II
620. Certificate [French] of Thomas Fant, Thomas Mallyng, Richard atte Cherche and Stephen Warde, masons and carpenters, to the effect that Henry Frowyk of the county of Middlesex, is bound to rebuild the earthen wall (pareie de terre) between his tenement and that of the earl of Suffolk in the par. of St. Giles without Crepulgate, and to maintain it in repair at all times at his own expense, unless he can produce a specialty discharging him of the obligation.
621. The like to the effect that the houses in the tenement held by John Laufare, 'masson', of the parishioners of St. Benet Paules Wharfe, are in such poor condition (si fiebles) as regards chimneys, privies (garderobes) and floors (flores), that they cannot long remain without extensive repairs.
9 Dec 1379 – 5 Sept 1427 (nos 620–661)
622. Richard Widden, 'coupere', complains that Lawrence Bloseworth or de Ware, has an old tenement in the par. of St. Ethelburga within Bisshopesgate adjoining his own, in which there are two newly-built houses, one 59 ft. 1 in. and the other 34 ft. 3 ins. long; and the def.'s rainwater falls upon the first named house for lack of a leaden gutter (gutteri plumbei) of the required length which he ought to provide; and the pl. has built a leaden gutter (gutteram plumbeam) between his other house and that of the def., who refuses to pay his share of the cost as he is bound to do. As a result of his neglect a great part of the pl.'s houses and a newly-built cellar in the front of his tenement (in parte anteriori) next the street are rotted. The sheriffs have testified that Lawrence has been summoned by William atte Chapel and William Herlawe. He comes in person, but says nothing to delay the assize. The court, wishing for further information, orders the masons and carpenters, with the consent of the parties, to enquire into the alleged nuisance, and report their findings at Guildhall on Fri. 16 Dec. They certify [French] that the def. is bound to receive his own rainwater for a distance of 59 ft. 1 in., measuring from Bisshopesgatestret on the east westwards, without detriment to the pl.'s tenement, but that the gutter 34 ft. 3 ins. long built between their houses by the pl. is partible between them, so that the def. is bound to pay half the cost of its construction. After adjournment until Tues. 31 Jan. 1380, Richard comes in person, and the def. by Richard Forster, his attorney, in the presence of the mayor and recorder, John Heylesdon and William Baret, sheriffs, Walter Sibyle, Adam Karlill, John Horn, Hervey Begge, Thomas Irlond, Robert Boxford, Thomas Welford and John Southam, aldermen, and the record and process having been recited, it is adjudged that since as well by view of the mayor and aldermen as by report of the four viewers, the nuisances are as alleged by the pl. the def. amend them within 40 days etc. The sheriffs are ordered to warn him accordingly.
[m. 1d.] Fri. 20 Apr. 1380. John Hadele, mayor, William Cheyne, recorder, Adam Stable, Nicholas Brembre, William Neuport, John Eston, John Bryan, Robert Launde, Andrew Pykeman, William Badby, John Horn and Walter Doget, aldermen, and John Heylesdon, sheriff.
623. Robert Sprotburgh, rector of St. Margaret de Briggestrete, complains that Arnold Ingelbright, 'armurer', has a tenement adjoining his churchyard in the wall of which is a door in the form of a window (ad modum fenestre) less than 16 ft. from the ground, and barred with iron, the bars hanging on hooks (gumphos) and hinges (vertivellas), so that it can be opened and closed at will by the def. and others living or coming there, both men and women, who enter the churchyard and see his private business, and trample the churchyard down and defile it (sordidant). John Heylesdon and William Baret, sheriffs, have testified elsewhere that Arnold has been summoned by William Ivory and John Smart. He comes in person and in the presence of the mayor, recorder, aldermen and sheriffs the parties voluntarily agree, the rector for himself and his successors and Arnold for himself, his heirs and assigns, that Arnold shall enclose the said door or window with iron bars so deeply embedded in the stone wall of his tenement that no one shall in future be able to enter or leave thereby, and they ask that this agreement be entered so that it may remain in perpetuity. At their request it was entered in the above form.
624. Thomas Barton, citizen and goldsmith, complains that the rainwater from the tenement of John Humber adjoining his in the par. of St. Bartholomew the Less falls upon his soil for a length of 10 [blank] and 1 ft. for lack of a leaden fillet-gutter (filetti plumbei), and that his earthen wall overhangs his land for a length of [blank] by 3 ins. so that he cannot build. William Knyghtcote and Walter Doget, sheriffs, have testified elsewhere that the def. has been summoned by William atte Castell and Richard Gregory to come upon the land to answer the plaint, but he makes default. The mayor, recorder and aldermen view the premises, but for their further information refer the matter to the masons and carpenters, present in court. The pl. is given a day in the Chamber of Guildhall on Thurs. 3 Oct. to hear judgment. He comes in person, and because it appears to the view of the masons and carpenters as well as to that of the mayor and aldermen that the nuisances are as alleged by the pl., it is adjudged that the def. remove and amend them within 40 days etc.
625. Memorandum that on 8 May 1382, with the consent of John Ive, rector of St. Michael de Wodestret, Adam Bamme and John Forster, goldsmiths, attorneys of Robert Launde, kt., and of John Loveye, mercer, and John Fraunceys, goldsmith, the four masons and carpenters were authorised by the mayor and aldermen to investigate the claim of the same John Loveye, and John Fraunceys to a watercourse through the tenement of Robert Launde. They report on 10 May [French] that they have measured the land of Sir Robert in Chepe, and that it is 2 yards 2½ ft. long 'de cler soyl plus ou meynz', and that the water from the tenements of John Fraunceys and John Loveye ought to flow through it into Chepe, according to custom, unless Sir Robert can produce evidence under seal prohibiting it (evidence enseale a ice forbarrer).
626. Geoffrey Crymelford and Alice his wife complain that whereas they are possessed in her right of a vacant plot of land in the par. of St. Stephen de Walbrok, inside the gate leading from Bukeleresbury to the said church, and they and their predecessors in their tenement have always enjoyed freedom of access by the same to their houses for the carriage of victuals and other goods, Richard Aylesbury has recently made in his tenement a door with four stone steps by which he can descend to the vacant land, and see the private business of the pls. and their tenants. Moreover, he has so narrowed the path (viam) that the pls. can no longer use it for the transport of goods as formerly. John Rote and John Hende, sheriffs, have testified elsewhere that the def. has been summoned by John Cook and John Dadyngton, but he makes default. The pls. are given a day at Guildhall to hear judgment on Mon. 28 July. They come in person, and because it is manifest to the view of both the mayor and aldermen and the four masons and carpenters that the nuisances are as alleged, the def. is ordered to remove them within 40 days etc. [Margin: Amocio nocumentorum. In a later hand: Nota pour le barge in bokelesbury.]
627. Juliana Bidyk complains that Thomas Lyle, 'pyebaker', whose tenement adjoins hers in the par. of St. Mary the Virgin de Fanchirche, has made a gutter (gutteram) running through her house, into which his rainwater falls and overflows on to her land. John Sely and Adam Bamme, sheriffs, have testified elsewhere that the def. has been summoned by Thomas Bonaunter and William Rook, but he makes default. The pl. is given a day at Guildhall on Wed. 26 Nov. to hear judgment. She comes, and because the nuisance is manifest to both the mayor and aldermen and the four viewers, it is adjudged that the def. remove it within 40 days etc. [Margin: Amocio nocumenti.]
628. Note that on 20 May 1383 the four masons and carpenters presented to John Norhampton, mayor, and the aldermen, a bill [French] to the effect that the stone wall on the west side of the church of St. Duns Bakechirch 'cest a dire passant en lungure auxi avant come le bem illeoqz gisant en laeur en la dite eglise' is partible between the parishioners and Bakewell.
[m. 2d.] Fri. 9 Oct. 1383. John Norhampton, mayor, William Cheyne, recorder, John Bosham, Thomas Cornwaleys, William Staundon, Richard Norbury, William Kyng and William Olyver, aldermen, and Simon Wynchecombe, sheriff.
629. John Wade, fishmonger, complains that in the tenement of Agnes Bever, adjoining his garden in the par. of St. Botolph without Aldrichesgate, there is a chimney (camynam) built upon a corbel (corbellum) which overhangs his land by 15 ins., and that the rainwater from her tenement falls upon it for a length of 20 ells less 3 ins. The sheriffs have testified elsewhere that the def. has been summoned by Thomas Waryner and Walter Hopere. She appears in person and claims to have muniments bearing on the matter, and is given a day to produce them in the Chamber of Guildhall at the quindene [23 Oct.]. The mayor and aldermen being unable to attend that day because they have to appear before the king's council at Westminster, the proceedings are again adjourned until the quindene. Finally, after further adjournments for the same and other causes, on Fri. 4 Dec. the pl. appears by Richard Forster, his attorney, and the def. by Henry Hamwode, and since by view of John Norhampton, mayor, and the recorder and aldermen, as well as by report of the masons and carpenters, the nuisances are found to be as alleged, Simon Wynchecombe, sheriff, is ordered to warn the def. to remove them within 40 days etc.
[m. 3] Fri. 4 Nov. 1384. Nicholas Brembre, kt., mayor, William Cheyne, recorder, John Organ, John Rote, John Eston, Thomas Welford, William Ancroft and Geoffrey Crymelford, aldermen, Nicholas Extone and John Fresshe, sheriffs.
630. Thomas Asshebourne, prior of the Austin Friars, complains that Robert Dyngele and Margaret his wife have made nine windows below the height of 16 ft. in their tenement in the par. of St. Peter in Bradstret ward, adjoining his churchyard, through which they and their servants, lessees (firmarii) and tenants can see the private business of the prior and his brethren and servants. Further, the rainwater from their houses, measuring respectively 40 ft. and 24 ft. in length, falls upon the soil of the churchyard. The sheriffs have testified elsewhere that the defs. have been summoned by John Olescombe and William Wetenhale to come here upon the land to answer the prior's plaint, but they make default. But because the assize was sought (impetrata) long since (adiu est), and has been long adjourned (continuata) so that the defs. had not been warned to come on that particular day, John Bockysham, mayor's serjeant, is ordered to summon them to appear in the Chamber of Guildhall on Wed. 2 Nov. [sic]. On that day he reports that they have been duly summoned, but again they fail to come or to show cause why the assize should not proceed. The prior appears by Gilbert de Meldebourne, his attorney, and is given a day on Mon. 21 Nov. to hear judgment; and since both by view of the mayor and aldermen upon the land, and by report of the masons and carpenters, the nuisances are found to be as alleged, it is adjudged that the defs. remove them within 40 days etc.
Fri. 5 Aug. 1384. Nicholas Brembre, kt., mayor, William Cheyne, recorder, Robert Warburton, John Organ, John Estone, William Staundon, William Anecroft, Roger Elys, John Sely, Henry Vanner, John Fraunceys and Thomas Welford, aldermen, and Simon Wynchecoumbe and John More, sheriffs.
631. Adam Fraunceys, kt, and Margaret his wife complain by Richard Forster, their attorney, that whereas, in Margaret's right, they hold a tenement within (infra) the churchyard of St. Michael de Bassyeshawe, to which they and all Margaret's ancestors, and those whose estate they now hold, and their tenants, have from time out of mind, enjoyed as appertaining to the same tenement, a path (viam) extending in breadth from a post (stulpa) standing on the west side of the door of their tenement (. . . parte ostii eiusdem tenementi sui occident' fixa) transversely to the old wall of the churchyard (extransverso [? versus] antiquum murum cimiterii eiusdem ecclesie), and thence in length and breadth directly and in a straight line (linealiter) to the street called Bassyeshawe, and from the same street to the aforesaid post, and thence (? to the door) of their tenement on the west side (et ab eodem vico regio usque ad predictam stulpam et ultra usque . . . tenementi sui predicti ex parte occidentale), with freedom of access for their servants, horses and carts, and transport (cariagio) for all kinds of merchandise and other goods, until William, parson of St. Michael, William Hawe, Simon Worstede, William Lyncolne, John Seymore, John Vyne, mercer, William Willesdon and John Toller, parishioners, dug a ditch (fossatum) from the street in length (–). (fn. 1) [m. 3d.] William the parson, William Hawe, Simon, William Lyncolne and John Seymour come in person. The other defs. named do not appear and the assize proceeds without them. The parson, William, Simon, William and John say that the assize does not lie, because the path which the pls. claim as appurtenant to their tenement is held by them only at the will and by the licence of the defs. The pls. contend that they are not bound to answer the objections of the parishioners, who are merely participants in the nuisance (coadjutores) but only that of the parson who is sole tenant of the free tenement. Their contention is accepted. As far as the parson is concerned, they say that he ought not to be admitted to contest their title, since on 23 Nov. 1375 they brought an assize  against Thomas, his predecessor, concerning the building of a stile across the path in question, and obtained a judgment against him, as appears by the record remaining in the custody of the court. The def. none the less asks for verification of the pls.' title, and the mayor and aldermen, wishing to be more fully advised before giving judgment, give the parties a day on Wed. 12 Oct. in the Chamber of Guildhall. It is adjudged that the def. withdraw his demand for verification (abiudicetur a verificacione predicta . . . contra recordum predictum pretensa). A day is then given to the parties on Sat. 12 Nov. on the land in order that the mayor and aldermen may personally survey the tenement and the place in which the nuisance is alleged to have been caused (pro meliori avisamento inde habendo et ad melius supervidendum tam tenementam predictum ad quod nocumentum predictum supponitur fore factum, quam eciam locum in quo nocumentum predictum supponitur esse levatum etc.). The parties come to the messuage and place on the appointed day, but the proceedings are adjourned until Fri. 27 Jan. 1385 that the court may deliberate further. On that day the parties duly appear in the Chamber, but the court is unable to meet because of important business concerning the king and the City, and there is a further adjournment until Fri. 10 Mar. The mayor and aldermen, having been given to understand that a house had formerly been built on the north side of the path, within the precincts of the churchyard, order the four masons and carpenters to dig there and attempt to uncover the foundations, so that the breadth (largitatem) of the path at that time may be ascertained and further evidence and information obtained. On 24 Mar. the pls. appear by their attorney and the def. in person at the messuage and on the site of the alleged nuisance, in the presence of the mayor, recorder, John Hadle, John Bosham, John Hende, Robert Warburton, Henry Vannere, Simon Wynchecoumbe, John Organ, William Standon, Adam de St. Ives, Thomas Welford, John Fraunceys, aldermen, and Nicholas de Exton and John Fressh, aldermen and sheriffs, and the masons and carpenters report that their digging has revealed no new evidence. It is therefore adjudged that the pls. have their path, extending from their tenement to Bassieshawe and back; as appurtenant to their tenement. (fn. 2) (—domus predicte ex transverso versus boriam per tres ulnas ferreas domini [regis]—a plata prope terram shoparum que se extendunt a dicto tenemento usque vicuna [regium]—per largitatem trium ulnarum usque in vicum regium etc. Et quod predictus [Willelmus persona]—cimiterium predictum per quod via predicta artatur, per quam artationem—trium ulnarum a plata predicta versus boriam linealiter usque in viam—) within 40 days etc.
632. Memorandum that in a congregation of the mayor and aldermen in the Chamber of Guildhall on Mon. 11 July 1384, John Marchal and John Bentele brought an assize against Thomas Blount of Essex concerning a nuisance in the par. of St. Mildred in Poultry. On Fri. 29 July, in the presence of Nicholas Brembre, kt., mayor, William Cheyne, recorder, John Hende, Adam de St. Ives, William Ancroft, John Eston, Geoffrey Crymelford, aldermen, and Simon Wynchecoumbe, sheriff, the pls. appeared by Henry Herbury, vintner, their attorney, upon the land, and the def. came in person. The pls. complained that the def. has a flight of steps (gradus) called 'steire' leading up to the house formerly belonging to John de St. Albans, which stand upon their land. After the premises had been viewed by the mayor and aldermen, the parties voluntarily submitted to the arbitration of four men, two to be chosen by the pls., and two by the defs., together with the four masons and carpenters; but the arbitrators were not then named, nor was anything decided between the parties. They therefore came before the mayor and aldermen in the Chamber on Sat. 6 Aug., and Henry Herbury, attorney of the pls., chose Walter Sibyle and Thomas Girdelere, and the def. chose William Baret and William Cressewyk to act as arbitrators with the four viewers, on the understanding that they should reach an agreement between Sat. 3 and Mon. 5 Sep., and that if either party failed to produce its chosen arbitrators, or refused to carry out the agreement reached, the other should arbitrate, with the help of the four viewers, without any objection being raised by the defaulters. Afterwards, on Mon. 24 Oct., the pls.' attorney came into court and reported that one John Pigeon, 'piebaker', had come to him on 12 Sep. at the tenement in connection with which the nuisance is alleged, claiming to be the lessee (firmarium) of the def., and to have been appointed by him as his attorney, with full power (plenam potestatem) to reach a final agreement (finalem concordiam) concerning the matters in dispute, and to commit the findings to writing. With the mediation of friends of both the parties an agreement was reached, and the document [French] was duly presented in court. It recited that certain tenements within the gate (porte) of the 'Scaldynghous' in the par. of St. Mildred had been partitioned between John Blount of Beveresbroke and Thomas Blount, those which had belonged to John de Seint Albon being allotted to Thomas, and those adjoining to John Blount, from whom they were afterwards purchased by John Marchal and John Bentele. Since, however, certain points in the relevant documents were obscure, disputes subsequently arose, the purchasers alleging, in particular, that a 'steire' leading to the hall (sale) of Thomas Blount's house, stood on their land. To settle the dispute the parties have now agreed that the 'steire' shall remain in perpetuity as at present, but that the cellar beneath the house built in the eastern part of the tenements, which belongs to the pls., shall be kept in repair by the def., while the pls. in turn shall be bound to roof (coverer) and maintain the solar built above it, which belongs to the def. The pls. are in addition to be granted a piece of land for the building of a new house. (fn. 3) [m. 4d.] The pls. maintain, through Henry Herbury, their attorney, that John Pigeon promised on his master's behalf, that the schedule containing the terms agreed upon between them should be indented and sealed by Thomas, or else enrolled, on his next visit to London; but although he has often been in the City since the agreement was reached, the document has never been sealed, nor has anything been placed on record, to their damage £40. (fn. 4) It is therefore adjudged that John Pigeon be summoned to appear on Fri. 18 Nov. to answer their complaint. On that day he comes, with the pls.' attorney, and fully acknowledges the agreement and promise, adding that he had been empowered to make them by the def., Thomas Blount. Thomas is accordingly summoned (premuniatur) for Fri. 2 Dec. to show cause why he should not recognise and carry out the agreement. He comes in person, and denies that he empowered John Pigeon to act as his attorney and come to an agreement with the pls., and declares that he never consented to it or promised to abide by it. John Pigeon calls Stephen, who had been in Thomas's confidence at the time, to witness to the truth of his allegation. Thereupon Stephen, in the presence of both parties, testifies upon oath that Thomas made John his attorney, as alleged, to draw up the agreement, but that he had always insisted that it should not be embodied in an indenture or other sealed deed, but should simply be acknowledged before the mayor and aldermen, and enrolled, Henry having meanwhile undertaken on behalf of his masters that whatever Stephen declared on oath in court to be the truth, they would accept and carry out. It is accordingly adjudged that the agreement should be enrolled and put on record between the parties and their heirs, in accordance with the oath and testimony of Stephen, and with the consent of the parties.
633. Joan Bohun, countess of Hereford, complains by Richard Forster, her attorney, that the wall or other fence (murus vel alia claustura) 2 ells long, between her tenement in the par. of All Hallows de Stanynge and that of Ralph Paries and Mary his wife, ought to be built and maintained by the said Ralph and any other tenant of the said tenement at their own expense, but through their neglect it is now broken down and ruinous, so that men and servants and unknown persons enter and carry off divers goods and chattels, and see the private business of the countess and her servants; moreover the pl. complains that she and the defs. and a certain William Wythome share a well (unum puteum vel fontem), which for lack of a cover, and of cleaning and repair is so stopped up with filth that she can get no clean water (aquam claram) or other profit from it, and the defs. refuse to take their share in its covering (cooperturam) and repair. The sheriffs have testified elsewhere that the defs. have been summoned by Richard Morell and Thomas Evesham, but they make default. The parties are given a day in the Chamber of Guildhall on Fri. 9 Aug., and John Harewell, the mayor's serjeant, is instructed to order the four masons and carpenters to inspect the nuisances and certify the mayor and aldermen concerning them. On the appointed day, the pl. appears by her attorney, and the four viewers report that the defs. are bound to repair the wall complained of at their own expense, and to pay a third of the cost of the repair of the well. Judgment is given accordingly that the nuisances be repaired within 40 days etc.
634. The same Joan complains that William Badby has neglected to repair the earthen wall 12 ells long on the south side of her tenement in the same par., as he is bound to do. [Then as in 633.] The def., summoned by Richard Morell and Thomas Evesham, comes and asks that the four masons and carpenters be required to inspect the premises, and undertakes to abide by their report, the pl., by her attorney, consenting. John Harewell, the mayor's serjeant, instructs them accordingly, and on Fri. 16 Aug. the parties appear at Guildhall, and the four viewers certify that the def. is bound to repair the wall. It is adjudged that he do so within 40 days etc.
635. William Baret, citizen, complains that John Serieaunt, Robert Lyndeseye and John Louthe, tailors, have made in their tenements seven windows less than 16 ft. from the ground, opening upon his adjoining tenement and garden in the par. of All Hallows de Bredstret, through which they, their servants and household (familiares) and their lessees (firmarii) and tenants can see the private business of the pl., his tenants and servants. The sheriffs have testified elsewhere that the def. has been summoned by Robert Riseby and William Rotewell, but he does not come. His default is recorded. The mayor and aldermen adjourn the proceedings from quindene to quindene. Finally, on Fri. 2 July the parties come upon the land in the presence of the mayor, the recorder, Thomas Austyn, Adam Bamme, John Hende, William Sheryngham and Henry Bamme, aldermen. Judgment that the windows less than 16 ft. from the ground be stopped up within 40 days etc.
636. The same William Baret complains that William, prior of St. Bartholomew de Westsmythefeld, has made fifteen apertures (foramina) in his tenements in the same par. adjoining the tenement and garden of the pl. [See above, 635.] The def. makes default. Judgment, after view, that all nuisances under the height of 16 ft. from the ground be stopped up within 40 days etc.
Fri. 25 June 1389. Nicholas Twyford, kt., mayor, John Hadle, William Cheyne, recorder, William More, Adam Bamme, Thomas Austyn, William Watton and John Walcote, aldermen, and the same Thomas and Adam Karlill, sheriffs.
637. Richard Preston complains that whereas he has certain tenements and a plot of land with a quay (kayo) adjoining in Thames Street (vico Tamisie) in the par. of St. Dunstan Est, and John Chastilon, 'chivaler', has tenements adjoining his plot of land and quay for a length of 28½ ells, the rainwater from his tenements falls upon the pl.'s soil. Moreover, the def. has two tenements adjoining his from which in rainy weather, the water flowing through a great gutter (magnam gutteram) falls upon the pl.'s tenements and rots them, so that they threaten ruin. Further, the def. has a door and six [blank] windows through which his tenants and servants have access to the pl.'s property, and can see his private business and that of his servants and tenants. The sheriffs have testified elsewhere that the def. has been summoned by John Scut and Reginald Pay, but he makes default. His default is recorded, and a day is given to the pl. in the Chamber of Guildhall on Fri. 9 July to hear judgment. Richard appears by Gilbert de Meldebourne, his attorney, but the proceedings are adjourned until Sat. 24 July. It is then adjudged that all the above nuisances be removed within 40 days etc.
Fri. 29 July 1390. William Venour, mayor, John Hadle, John Tremayn, recorder, William More, Adam Bamme, John Shadworth, Adam Karlill, William Brampton, aldermen, and John Loveye, alderman and sheriff.
638. Bernard Brocas, kt., complains by Richard Forster, his attorney, that in rainy weather the water from the tenement of Thomas Brampton, 'squyer', and William Sallowe of Fletestrete and Joan his wife in the par. of St. Bride de Fletestrete falls upon his adjoining tenement and garden for lack of a leaden fillet-gutter (filetti plumbei). [John Loveye] and John Walcote, sheriffs, have testified elsewhere that the defs. have been summoned by (—) and Walter Dunmowe, but they do not come. Their default is recorded. [Remainder of entry illegible.]
639. A dispute having arisen between the parishioners of St. Margaret in Frydaystret and Stephen Hamme, citizen and tailor, concerning the claim of the former to a processional way on festival days on the latter's land at the east end of the church, the parties appeared before John Hadle, mayor, and the aldermen, on Fri. 22 May 1394 and put themselves upon the view and sentence of the master masons and carpenters, viz. Simon Hooke and Henry Gerard, masons, and Richard Burnham and William Wiltshire, carpenters, who are instructed by the mayor accordingly on Fri. 29 May. On 5 June they reported [French] that they have found that Stephen's tenement extends westward in length from Bredstret for 21 yards 11½ ins. as far as the wall of the church, and that the parishioners can therefore claim no right to a processional way without his assent and goodwill, unless they can show sufficient written evidence to the contrary. They say further that Stephen ought not to have a door in the wall of the church unless on to his own land, and ask that the mayor and aldermen provide a remedy (item diont qe le dit Estephen navera nulle huys pendaunt sur le mure du dit esglise mes pur soun propre terre. Pur quoy vous please ent ordeigner remedye.).
640. [m. 6d.] William Middelton, citizen and grocer, complains that John Crosseby has placed his timber and built upon 11¾ ins. of a stone wall 35 ft. 9½ ins. long and 1 ft. [blank] ins. wide between their tenements in the par. of St. Margaret Briggestret.
[m. 7] Fri. 16 Mar. 1397. Adam Bamme, mayor, John Cokayn, recorder, John Hadlee, William Staundon, Thomas Knolles, William Brampton, John Wade and William Askham, aldermen, Thomas Wilford and William Parker, sheriffs.
641. Richard Abberbury, junior, kt., complains that the abbot of Bittelesden has placed his timber for building upon the whole width of the east end of the stone wall, 33 ft. long and 17 ins. wide between their tenements in the par. of St. Nicholas Coldeabbey in Dystaflane, half of which belongs of right to the pl. The sheriffs testify that the def. has been summoned by Richard Giffard and Walter Torgold to appear upon the land, but he makes default. The pl. comes in person, and the mayor and aldermen having viewed the site and found that the nuisance is as alleged, give judgment that the def. remove it within 40 days etc.
Fri. 8 Feb. 1398. (fn. 5) Adam Bamme, mayor, Thomas Wilford and William Parker, sheriffs, John Hadlee, William Staundon, William Brampton, Thomas Knolles, John Hende, John Shadworth, John Wade and William Askham, aldermen.
642. John Moot, abbot of St. Alban the Martyr in the county of Hertford, complains that whereas John Wakelee, 'vynter', has a garden in the par. of St. Peter the Less in Bradstret adjoining his, the stone wall between them, running from east to west for 29 ft. and standing on the pl.'s land, so that the def. is bound to repair it, is broken down and ruinous, and the def.'s tenants and servants enter his garden, and tread down the grass (herbagia) there, and they see and hear his private business and that of his tenants and servants through the windows and other apertures (foramina) which overlook his garden. Moreover, the water from the def.'s premises falls upon his land for a length of 36 ft. The sheriffs testify that the def. has been summoned by Richard Daneler and Roger Stokton, but he makes default. Judgment, after view, that the nuisances complained of are expressly contrary to the custom of the City, and that within 40 days etc. the def. repair the wall and gutter (stillicidia) and block up the windows and apertures.
[m. 7d.] Fri. 4 June 1400. Thomas Knolles, mayor, William Walderne and William Hyde, sheriffs, William Brampton, William Askham, Thomas Wilford, William Evote, William Venour and John Wakelee, aldermen.
643. John Sybille complains that Juliana Purbyk has affixed her tentingframes (tentoria) to certain stone walls, 21½ yds. long, belonging to his tenement in the par. of St. Martin Orgar, which are gravely weighed down thereby (graviter opprimere nititur), and the rainwater which floods her land flows through the midst of them, so that within a short time they are like to be ruined. The sheriffs have testified elsewhere that the def. has been summoned by John Drew and John Pope to appear upon the land to answer the pl., but she makes default. Judgment after view by both the mayor and aldermen and the four masons and carpenters that, since the nuisances complained of are expressly contrary to the custom of the City, the def. must remedy and remove them within 40 days etc.
644. Robert Asshecombe, citizen and 'brouderer', complains that Gilbert Accon, citizen, and Mazera his wife have divers lights (luminaria), windows, broken-down walls and openings to latrines (foramina latrinarum) in their tenement adjoining his in the pars, of St. Alban the Martyr in Wodestrete and St. Mary de Stanynglane, and they, their tenants and lessees (firmarii) and the members of their household (familiares) can see and hear the private business of the pl., his tenants, lessees and the members of his household. Moreover they throw filth and rubbish into his close, and evil odours come from their latrines. The sheriffs have testified elsewhere that the defs. have been summoned by Henry Payn and Thomas Bristowe to appear upon the land to answer the pl., but they make default. After view by both the mayor and aldermen and the masons and carpenters, it is adjudged that, since the nuisances alleged are expressly contrary to the custom of the City, they be removed and remedied within 40 days etc.
[m. 8] Mon. [sic] 4 May 1405. John Hende, mayor, Thomas Thorneburgh, recorder, William de Louthe and Stephen Speleman, sheriffs, William Askham, John Warner, William Venour, Thomas Fauconer, William Crowmere and Henry Pomfreyt, aldermen.
645. Nicholas Wotton, citizen and merchant (mercatori), complains that Henry Boseworth, citizen and mercer (mercerus), has an old and ruinous wharf on the east side of his, which adjoins his tenement in the par. of St. Magnus the Martyr, and that for lack of repairs to the def.'s wharf (wharvam) his own is on the point of collapsing into the Thames. The sheriffs testify that the def. has been summoned for the following Friday by Richard Honyman and John Ferers, but he essoins himself. A day is then given to the parties on Fri. 5 June, when the mayor and sheriffs, taking with them the six aldermen named above to go to the site. The pl. appears in person, but the def. makes default. Thereupon the mayor, sheriffs and aldermen instruct the four viewers—viz. John Wolfey and Richard Style, masons, and Robert Lardyner and John Petit, carpenters, to inspect the premises and report as soon as possible. In a bill remaining in the file of nuisances they certify that the def.'s wharf measures from east to west 13 ft. 11 ins., and is very ruinous, and that he ought to repair and maintain it so that the wharves on either side do not suffer damage through his neglect. They certify further that the pl.'s wharf is 12 ft. 1 in. high, and overhangs that of the def. by 7½ ins. through the latter's fault. On Tues. 16 June, it is accordingly adjudged that within 40 days etc. the def. repair, correct and amend his wharf so that it causes no further damage to that of the pl.
646. A dispute having occurred between Nicholas Hamme, citizen and mercer, and Margaret relict of Stephen Hamme, late citizen, concerning the removal of various leaden utensils (plumborum utenciliorum) and vessels (vasorum) and household goods (hostilmentorum) and necessaries (necessariorum) from Nicholas's brewhouse (bracinee) called 'le glene on the Hope' in the par. of St. Mildred in Bredstrete, and claimed by Nicholas as his property, the parties appeared on 22 Dec. 1407 before William Staundone, mayor, and the aldermen, and agreed to abide by the findings of the four master masons and carpenters. Accordingly, on 23 Dec. the mayor instructed the four viewers to inspect the premises and certify the court of their findings. On 17 Jan. 1408 they—viz. John Wolphey, Richard Style, Robert Lardyner and John Petyt, reported [French] to the mayor and aldermen [m. 8d.] that the two leads (plumbes), two leaden 'taptrogh' with all their appurtenances (apparaille), two 'masshtonnes', three quernes in a 'bynne' in the brewhouse (brwerne), and two 'ziletonnes' in the cellar (celer) belong to the free tenement of Nicholas, with all the benches, 'speres', 'entreclosewalles', the cellar (celour) beneath the parlour, the door, windows, 'steyres', a great press of two floors (j graunt presse de deux flores) in the 'pavynge chambre', the pavement in the hall (sale) and the chambers there and all the 'crestes' in the hall and parlour; but the other household goods in the tenement, viz. vats (fattes), kimnels (kymylyns), 'tubbes', 'tynes', 'clensyngsyvis', 'barellys', 'fourmes', 'bordes', tables and other moveables are claimed by him contrary to the custom of the City and belong to the administrators of the goods of the late Stephen. They therefore ask that a remedy be provided in accordance with their findings, unless either party can show a specialty.
647. An indenture [French] drawn up on 25 Sep. 1406, between John Wolfey, Robert Lardyner, carpenters [sic], Richard Stile and John Petyt, masons [sic], with Thomas Clynan, Thomas Somerton, Henry Hert, drapers, and John Shawe 'vynter', citizens, with the consent of the prior of St. Mary Overey in Southwerk, William Weston, draper, John Megre, 'peautrer', John Sotherey, 'tapicer', John Gentyll and Richard Lyes, drapers, and sworn to before John Wodecok, mayor and the aldermen, apportioning between the prior and the others named with him the £10 annual rent, comprising £9 13s. 4d. for the maintenance of two chaplains celebrating in the church of St. Mary Wolnoth in Lumbardstrete, and 6s. 8d. payable to the prioress and convent of St. Mary Clerkenwell, in accordance with the provisions of the testament (fn. 6) of Thomas Noket, late citizen and draper, viz.:— from the tenements of John Megre in Lumbardstrete £4 9s. 11d. towards the maintenance of the two chaplains, and 3s. 1d. to the prioress of Clerkenwell; from the tenements of John Gentyll and Richard Lyes in Shitebournelane and Abbechirch lane 41s. 10¾d., and 17¼d.; from a tenement in Cornhull belonging to the prior and convent of St. Mary Overy 21s. 2¾d., and 9¼d.; from the tenement of William Weston, draper, in Cornhull 20s. 1¾ d., and 8¼d.; from a tenement belonging to John Sothereye and Cecily his wife in Cornhull 20s. l¾d., and 8¼d.
648. Robert Ottele, citizen and grocer, complains by John Stafford, his attorney, that the rainwater from the tenement of William Warde, citizen and draper (pannarius), Joan his wife and John Fan, citizen and skinner, falls upon his garden in the par. of St. Stephen in Walbrooke for a length of 41 ft. 1½ ins., and so floods it that the plants (herbe) wither and decay; and they have two large windows overlooking his same garden, above the height of 16 ft. from the ground, but neither glazed nor shuttered (fenestrare), through which their tenants and their servants can see the private business of the pl., his servants and tenants. Robert Large and Walter Cherteseye, sheriffs, testify that the defs. have been summoned by John Lemman and John Harry to appear upon the land to answer the plaint, but they make default. The mayor and aldermen view the premises, but wishing to be more fully advised, give the pl. a day at Guildhall on Fri. 29 June to hear judgment; and because it is evident to the mayor and aldermen, as well by their own view as by the report of the masons and carpenters, that the nuisances complained of are expressly contrary to the custom of the City, it is adjudged that the defs. amend and remove them within 40 days etc.
649. The same Robert Ottele, by his same attorney, brings a similar plaint against Richard Spicer, esquire (armiger), Richard Denton and William Beverley, in respect of rainwater falling from their tenements, upon his garden for a length of 18 ft. and of five windows and five apertures called 'wikettes' opening on to his land. The sheriffs testify that the defs. have been summoned by John Chadde and John Lurchon, but they make default. The pl. is given a day and judgment is given [as in 648.]
650. [m. 9d.] The same Robert, by the same attorney, brings a like plaint against John Middelton and John Ray, concerning rainwater falling on his garden for a length of 30 ft. 2 ins., and seven windows and two apertures opening on to his land. The defs., summoned as above, make default. The pl. is given a day and judgment is given [as in 648].
651. Walter de la Pole, 'chivaler', William Alyngton, John Burgoyne, Nicholas Caltecote, Clement Liffyn, citizen and draper, John Reyner and Thomas Parys complain that the rainwater from the tenement of Robert Broun, skinner, and William Prest, 'talughchaundeler', falls upon their garden for a length of 69 ft., flooding it and destroying the plants (herbe) there; and that they have five windows less than 16 ft. from the ground opening on to it, through which their tenants and servants can see the private business of the pls., their servants and tenants. Robert Arnold and John Hyham, sheriffs, testify that the defs. have been summoned by John Joly and John Briklesworth to appear to answer the plaint, but they make default. The mayor and aldermen view the premises, and give the pl. a day at Guildhall on Fri. 6 June to hear judgment; and because it is evident that the nuisances complained of are expressly contrary to the custom of the City, it is adjudged that the defs. remove and amend them within 40 days etc.
652. William Kylshyll, fishmonger, complains that the rainwater from the tenement of Alice Gayton, widow, falls upon his tenement for a length of 36 ft., and rots his timber, so that it threatens ruin, and that she has three windows less than 16 ft. from the ground overlooking his premises, through which her servants and tenants can see the private business of the pl., his tenants and servants. The def. comes by John Stafford, her attorney, and says that, as regards the fall of water, the assize does not lie, because the tenement she holds formerly belonged to Christine relict of John Steynour and on her death without heirs it escheated (fn. 7) to the crown in the time of Edward III, who granted it by his letters patent (fn. 8) to John Kyngeston, whose estate she now holds, and from time out of mind the rainwater from the same has been received by the pl. and his predecessors and conveyed through a gutter (gutteram) into the street. As regards the windows, she claims that, according to the custom of the City, it has always been permissible for them to overlook a neighbouring tenement, provided they are more than the height of a man, viz. 8 ft. or more, from the ground and glazed with thick glass or barred with iron (cum vitro spisso vel fermentis ferreis includere), and the windows in her messuage fulfil those requirements; wherefore she asks judgment. The pl. by John Crowton, his attorney, denies her allegations, and claims that he is not bound in law to answer her (ad placita predicta modo in forma superius placitata non tenetur nec necesse habet par legem terre respondere); to which the def. replies that her plaint is sufficient in law and asks that the pl. be excluded from the assize if he refuses to answer (dicit ex quo ipsa placitavit placita sufficientia in lege ad que predictus Willelmus nichil respondit ne replicat in lege petit judicium, et quod predictus Willelmus ab assisa sua predicta precludatur). The court gives the parties a day at the assizes to be held at Guildhall on Fri. 30 Jan. 1428, and the record having been read, heard and understood, it is then adjudged that within 40 days etc. the def. remove the nuisances complained of, viz. that in accordance with custom of the City she block up the windows and receive upon her own land or convey into the street the rainwater falling on her tenement, [m. 10d. Blank.]
653. John Frank, clerk, warden (custos) of the House of Converts and Master of the Rolls (custos rotulorum cancellarie) complains that an earthen wall between the great tenement or inn (hospicium) called 'le Converse' with its gardens and other appurtenances and the tenement and garden of William de Haryngton, kt., Christopher de Morisby, William del Garth, Thomas Romondby, clerk, and Thomas Skirwith, called 'Cliffordesyngardyn' in the par. of St. Dunstan West in Fletestrete, is broken down and ruinous on both the east and north sides of the defs.' garden for a length of 120 ft., so that men and animals enter the pl.'s gardens and trample down the plants (herbe) growing there, and destroy and carry off the fruit, and see his private business and that of his servants; and since the wall stands upon the pl.'s land the defs. are bound to repair it. Simon Seman and John Bithewater, sheriffs, have testified elsewhere that the defs. have been summoned by Geoffrey Gybon and Henry Gernoun to appear upon the land and answer the plaint, but they make default. The mayor and aldermen, having viewed the site, give the pl. a day at Guildhall on Fri. 24 Aug. He comes by John Crowton, his attorney, but the court adjourns the proceedings until Fri. 19 Oct. After further adjournments, the mayor and aldermen, wishing to view the site again before giving judgment, give the pl. a day upon the land on Fri. 14 June 1426. On that day he duly appears by his attorney before John Coventre, mayor, John Fray, recorder, Thomas Fauconer, Ralph Barton, Robert Tatersall, John Bithewater, Henry Frowyk and John Brokle, aldermen, and is given a day at Guildhall on Fri. 28 June, when, since it appears as well by inspection by the mayor and aldermen as by report of the four masons and carpenters that the wall stands upon the pl.'s land, it is adjudged that within 40 days etc. the defs. rebuild and repair it. Defs. in mercy. (fn. 9) [Margin: Misericordia.]
[m. 11d.] Fri. 15 Nov. 1426. John Reynwell, mayor, John Symound, recorder, William Cauntbrigge, John Coventre, Ralph Barton, John Wellis, Robert Tatersall, John Bythewater, Henry Frowyk and both sheriffs.
654. Margaret Curteys complains by John Hethingham, her attorney, that she holds a tenement in the par. of All Hallows de Honylane, adjoining that of John Sargere, warden of the college of St. Mary Otery, co. Devon, and John Stone of London, 'hosteller', in the par. of St. Lawrence in Old Jewry and the two tenements were formerly one, until Elias de Honylane granted the portion which is now held by the pl., to William Joynour and his heirs, by a deed, dated and sealed, which is produced in court, on the express understanding that all the water from it should be received by the donor and conveyed by an underground gutter (receptaculum, guttera subterranea) through the midst of his tenement into Seintlaurenslane, and that nothing should be done to obstruct the light of the three windows facing in his direction; but the defs. have now blocked the light of the same by building a new 'shedde' opposite to them, and have stopped up the gutter with stones and other material so that the water cannot escape, but flows back into the pl.'s tenement and floods it. Robert Arnold and John Higham, sheriffs, have testified elsewhere that the defs. have been summoned by John Joynour and John Trethewe to appear upon the land to answer the plaint, but they make default. The mayor and aldermen, having viewed the premises give the pl. a day on Fri. 29 Nov. upon the land. She appears by attorney before the mayor and recorder, John Coventre, John Welles, Robert Tatersall, Ralph Barton, Richard Gossellyn, John Perveys, Nicholas James, John Bithewater and Henry Frowyk, aldermen, and John Higham, sheriff. Judgment that the defs. remove the nuisances within 40 days etc., and that they be in mercy. (fn. 10) [Margin: Misericordia.]
655. [m. 12] Memorandum that on Tues. 4 May 1423, Thomas Cradok, clerk, John Carpenter and Richard Osbarn appeared with William Tristour, William Coldwell, Henry Gernoun, John Ballarde and Robert Graunger, tenants of adjoining tenements in Goterlane and Wodestrete before William Walderne, mayor, and the aldermen, in a dispute concerning chimneys and other buildings which the latter, and those whose estate they hold, have built upon the walls enclosing a messuage belonging to the former in Wodestrete, in the par. of St. Peter de Westchepe, now occupied by John Bethewater, and occasioning, as they declare, a grave nuisance. The parties pledge themselves to abide by the judgment of the mayor and aldermen, and the report of the four masons and carpenters. On Fri. 7 May, the mayor and aldermen, accompanied by the four viewers go to the site, the parties appearing in person; but because they wish for further information before giving judgment, they instruct the four viewers to inspect and measure the walls and buildings concerned, and report to them in the king's court in the Chamber of Guildhall on Fri. 21 May. On that day the parties appear in person, and Walter Milton, William Coupere, William Serle and Esmond Werlowe, the four master masons and carpenters, come and certify [French] that there is a stone wall running for 72 ft. 8½ ins. from east to west on the south side which belongs wholly to the demandants, and on it are a double chimney (chymnye) on the south side and a little building (meason) at the west end belonging to the defs. which ought to be removed; and at the east end of the same wall is another running for 23 ft. 10 ins. from west to east which for its whole length belongs to the defs.; and at the west end of the first wall is another running for 3 ft. 1 in. from south to north on which are built the tenements of the defs., 11 ins. of its width belonging to them and the remainder to the demandants; and from that end from east to west on the north (et a celle fin de est en west par la north partie) is another stone wall beneath the same tenements 33 ft. 7½ ins. long, of which a width of 11 ins. belongs to the defs., and the remainder to the demandants; and on the north side of the east as far as Goterlane (en la north partie del est tanque en Goterlane) is a stone wall 22 ft. 11 ins. long enclosing the said messuage, which belongs wholly to the demandants. They therefore ask that a remedy be provided in accordance with their findings, unless either party can show a specialty. Judgment that the defs. remove the chimney and building (edificium), and that in future both parties, their heirs and assigns, hold the said walls quietly and peaceably, according to the metes and bounds set out in the above bill. [m. 12d. Blank.]
656. [m. 13] On 15 Nov. 1417 the prior of St. Mary Royston (Roiston) and Robert Cawode, citizen and glazier, appear before Richard Merlawe, mayor, and the aldermen, and for the removal of doubt and ambiguity concerning the boundaries of their adjoining tenements in the par. of St. Dunstan West in Fletestrete, agree to refer the matter to the four masons and carpenters and to abide by their report. After taking careful measurements and hearing the evidence of the parties and the arguments of their counsel (consiliorum) and friends, the four viewers, viz. Walter Walton, William Wiltshire, Walter Milton and Richard Hemmyngburgh, present to the mayor and aldermen, in the presence of the parties, a certificate [French] to the effect that the stone wall which runs for 37 ft. from the king's highway to Robert's door belongs to the prior; and of the same wall running for 21 ft. from the said door to a crack (fracture) and 'relese' in the same, a width of 7 ins. belongs to Robert; and for 16 ft. from the same crack to a corner-stone (coigne) next (vers) the street, the land and also the skew (la scuwe) belong to him, but the cornerstone itself with the wall there belongs to the prior and convent. In the wall is a privy built contrary to the custom of the City, which Robert ought to remove at his own expense. Further, on the south side of the above-mentioned door is a wall 37 ft. 10 ins. long, in which for a length of 24 ft. he is entitled to a width of 8 ins. at the beginning and end thereof; but he has possessed himself of and built upon 11 ins., without the consent of the prior and convent to whom the wall belongs. The above bill having been read and heard, it is adjudged by the mayor and aldermen that each of the parties observe the metes and bounds therein contained, and that Robert remove the privy. The parties leave the court agreeing to execute the judgment. [m. 13d. Blank.]
657. [m. 14] On 3 Aug. 1413, John Frenssh, citizen and goldsmith, and John, prior of St. Andrew, Rochester, appear in person before William Crowmere, mayor, and the aldermen upon a vacant plot of land in the tenement of John Frenssh in the par. of St. Bride in Fletestrete, which the prior claims as his free tenement in right of his church, by an assize of novel disseisin (fn. 11) held before John Sely and Adam Bamme, sheriffs, and Richard Wellesborn, coroner, on Sat. 29 Nov. 1382. On 4 Aug. the four viewers, Walter Walton, William Wiltshire, Walter Milton and Richard Hemmingburgh, masons and carpenters, are ordered to inspect and measure the site to see whether the metes and bounds correspond with those claimed by the prior. On 17 Aug., in the Chamber, in the presence of the parties, they report [French] that the disputed plot of land measures from south to north 46 ft., and from west to east 24 ft. according to the measurements given in the assize of novel disseisin aforesaid. Their report having been read and understood, it is adjudged by the mayor and aldermen that the prior have, hold and enjoy the said vacant plot of land in accordance with the metes and bounds given above, without any further disturbance or molestation by John Frenssh or his executors.
658. [m. 14d.] Memorandum that in a congregation of the mayor and aldermen in the Chamber on Mon. 15 Apr. 1415 Brother Walter Grendon, prior of the hospital of St. John of Jerusalem, sought an assize of nuisance against Richard Burne and Juliana his wife, John Gamboun and William Merlyn, concerning his tenement in the par. of St. Michael at Queenhithe. (fn. 12) The sheriffs, ordered to summon the defs. for the following Fri., 19 Apr., testify that they have been summoned by John Woxbregge and Robert Brendwode, The prior appears by John Carpenter, his attorney, but the defs. essoin themselves. On Fri. 11 Oct., Thomas Fauconer, mayor, John Barton, recorder, Thomas Knolles, Richard Merlawe, Robert Chichele, William Crowmer, William Norton, William Chichele and Thomas Aleyn, aldermen, come to the site of the alleged nuisance, and the prior appears by his attorney and complains that the upper part (summum edificium) of the defs.' tenement opposite his messuage in Bredstrete overhangs the street so far that the light of his tenement is obscured, and his tenants cannot see to carry on their crafts (artificia) and business (negocia), but often leave the premises, so that the prior loses his profit and rent from the same; and they have a chimney so badly built that it often causes fires in the houses of the prior and those living nearby. The defs. make default. Thereupon the mayor and aldermen order the four viewers, viz. Walter Walton, William Wiltshire, Walter Milton and Richard Hemmyngburgh, to inspect the premises and report to them. On 20 Mar.  they present a bill [French] to the effect that the topmost jetty (le plus haut gette) of the defs.' tenement overhangs the street contrary to right and reason, so that the light of the windows in the prior's messuage is obstructed, and it ought to be set back (estre retreet); and that their chimney is a great nuisance and danger to the prior and all the neighbours, and should be amended at the discretion of the masons and carpenters. The mayor and aldermen, having heard and understood the report adjudge that the defs. remove the nuisances within 40 days etc. [Below: Assise de tempore Riccardi Merlawe.]
659. Memorandum that in a congregation of the mayor and aldermen in the Chamber on Mon. 3 Oct. 1412, John Dyne, rector of St. Leonard in Estchepe, and William Beverych, Edmund Twyn, John Furner and Richard Gynne, churchwardens, sought an assize of nuisance against John Cornewaleys, John Weston, John Wade, John Proffyt, Henry Shelford, Robert Fitzhugh and William Bailly, citizen and linendraper, their feoffor, in respect of a tenement in the same par. The sheriffs, ordered to summon the defs. to appear before John Chichele, mayor, and the aldermen in the Chamber on the Fri. following, return that they have been summoned by John Sadiller and William Ivory. The pls. appear by John Carpenter, their attorney. The defs. do not appear, but are essoined, and the proceedings are adjourned from quindene to quindene. On Fri. 18 Nov. William Waldern, mayor, John Preston, recorder, Richard Whityngton, William Crowmer, Henry Barton, William Norton, William Chichele, Walter Cotton, aldermen, and Ralph Lobenham, alderman and sheriff, come upon the land, and the pls. appear by their attorney, and complain that the defs. have a tenement adjoining the churchyard which overhangs it for a length of 27 ft., and a width of 5 ft. at the eastern corner and of 4 ft. 4 ins. at the western corner. The defs. make default. Thereupon the mayor, aldermen and sheriff instruct the four viewers, viz. Walter Wylton [sic], Walter Milton, William Wyltshire and Robert Lardener, master masons and carpenters, to inspect the premises and report to them. On 22 Nov. they present a bill [French] corroborating the pls.' allegations, and asking that a remedy be provided unless either party can show a specialty. On Fri. 3 Mar. 1413 the mayor and aldermen adjudge that the defs. remove the nuisance within 40 days etc. [m. 15d. Blank, m. 16 Entry as on m. 15. m. 16d. Blank.]
660. John Eynesham seeks an assize of nuisance against Thomas Pyrye, prior of New Place near Gyldeford in Surrey, concerning his tenement in the par. of St. Giles without Crepulgate. The sheriffs are ordered to summon the def. to appear before Richard Whityngton, mayor, and the aldermen in the Chamber on the Fri. following [14 Oct.]. They return that he has been summoned by Thomas Wegge and Robert Edmond. The pl. comes by William Kyngeston, his attorney. The def. does not appear, but is essoined by Thomas Locke, and a day is given to the parties on Fri. 21 Oct. On that day both parties appear by their attorneys, but because the mayor and aldermen cannot come to the site on account of business concerning the City, the proceedings are adjourned until Fri. 4 Nov. Further adjournments follow until Fri. 20 Jan. 1408, when the parties come by their attorneys before John Staundon, mayor, and the aldermen in the Chamber, and are given a day to appear on the land in the presence of the mayor, John Preston, recorder, Thomas Knolles, William Askham, John Warner, Thomas Polle, William Norton, aldermen, and Henry Halton and Henry Pountfreyt, sheriffs. They come in person, and the pl. complains that the prior has built a roof on his adjoining messuage which overhangs his garden for a length of 87 ft. and a width of 2 ft., so that the rainwater therefrom falls upon his land and totally destroys the plants growing there. The mayor, aldermen and sheriffs ask the def. whether he has anything to say in his defence, and he answers that the assize does not lie, because at the time of the building of the roof the pl.'s garden was his own free tenement, and still is, as he is prepared to prove. The pl. denies his allegation, and asks that the assize proceed. Thereupon a jury is summoned, comprising John Arnold, Nicholas Stratton, Stephen Toppesfeld, Henry Payn, Alan Brette, Thomas Osbarn, John Em, John Mapisden, Stephen Roberd, John Stombelhole, Roger Loundres and John Cosham, who say upon oath that the garden is, and was at the time of the bringing of the assize, the free tenement of the pl., as far as the foundation of the prior's messuage, and that the overhanging roof was built long since by his predecessors and demolished and rebuilt by him. They add that the fall of rainwater is contrary to the custom of the City, and is to the pl.'s damage £3. Asked by the court whether the roof was built with the consent and licence of the pl. or his ancestors or merely by his sufferance, and whether it was rebuilt longer and wider than before, they say that it was built by his sufferance, and neither longer nor wider than at present. The parties are given a day on Fri. 3 Feb. Adjournments follow until Fri. 14 June 1409, when the pl. appears in person in the Chamber before Drew Barantyn, mayor, the recorder and aldermen, and judgment is given, in accordance with the findings of the jury, that the def. remove the nuisance within 40 days etc.
661. At the Rusting of Pleas of Land held on Mon. 28 Jan. 1409 (10 Henry V, rectius 10 Henry IV), William Middelton, citizen and grocer, sought an assize of nuisance against John Crosseby, citizen, concerning a tenement in the par. of St. Margaret de Bruggestrete. The sheriffs are ordered to summon the def. to appear before Drew Barentyn, mayor, and the aldermen in the Chamber on the Fri. following [1 Feb.], and they return that he has been summoned by Thomas Duffehous and Roger Crouche. On that day the pl. appears in person, but the def. essoins himself, and the proceedings are adjourned from quindene to quindene until Fri. 1 Mar., when Drew Barentyn, mayor, Thomas Knolles, William Louthe, Stephen Spelman, Henry Pountfreit, William Chichele and William Norton, aldermen, come upon the land. The pl. appears in person and complains that whereas he has within his tenement and upon his own soil a stone wall 35 ft. 9½ ins. long, the def. has built upon it to a width of 11¾ ins. The def. makes default. The mayor and aldermen instruct the four viewers, viz. John Wolfey, Richard Style, Richard Lardyner and John Petyt, master masons and carpenters, to inspect the premises and report to them. On 20 Mar. they present a bill [French] corroborating the allegation of the pl. The mayor and aldermen, having heard and understood their report, adjudge that within 40 days etc. the def. remove the nuisance.