London Assize of Nuisance 1301-1431 A Calendar. Originally published by London Record Society, London, 1973.
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2 Sept 1306–10 Apr 1310 (nos 100–149)
Fri. 2 Sep. 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Thomas Romeyn, Richer de Refham, Richard de Gloucestre, Simon de Paris, Solomon le Cotiller, Thomas Sely, Nicholas Pycct, aldermen, and Reginald de Thunderle, sheriff.
100. Nicholas Pycot and Alice his wife complain that John de Cotes, Robert de Farweberwe, Walter de Bardeneye and Agatha relict of Walter de Reyle have diverted (everterunt) the gutters receiving their water and that from Richer de Refham's house into their gutter, so that their house in the par. of St. Mary de Colchirche is flooded and damaged. John de Cotes makes default. Walter de Bardeneye says that he has no interest in the tenement in question save at the will of Agatha. Agatha and Robert come but show no cause save length of seisin why the water from their gutter should be diverted into that of the pls. Judgment that within 40 days etc. John, Robert and Agatha receive and convey on to their own land or into the street, at their own expense, the water from their own houses and from that of Richer de Refham, who provides the stone wall enclosing their land.
Fri. 9 Sep. 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, John de Dunstaple, Simon de Paris, Nicholas Pycot, Richard de Wylehale, aldermen, and William Cosyn, sheriff.
101. Geoffrey de Brokhampton complains that Andrew de Staunford has cut off (cidit) his timber (maheremium), so that his beams (tingna) are in danger of ruin, and occupies and takes possession of his land in the par. of St. John de Walebrok with his timber. The def. makes default. Judgment that he restore the timber he has cut to the same state as before, and that the parties, both of whom have a share in the stone wall, combine to make a gutter to convey their water into the street, or elsewhere as they think best.
[m. 11] Fri. 16 Sep. 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Richer de Refham, Nicholas de Farndon, Nicholas Pycot, Simon de Paris, Solomon le Cotiller, aldermen, and Reginald de Thunderle, sheriff.
102. Gilbert de Asshendon complains that the privy of the abbess and sisters of St. Clare without Alegate adjoins his stone wall. The defs. appear by John de Colecestre, their attorney, and say that Henry de Stokes holds for life the tenement about which the dispute has arisen and is not mentioned in the plaint. This the pl. cannot deny. Judgment that he take nothing for his plaint. Defs. sine die.
104. Richer de Refham, mercer, complains that Ranulph Balle and Isabel his wife have constructed the gutter carrying off the water from their houses so that it runs through the midst of his house in the par. of St. Mary Colcherche. The defs. say that Isabel has only a life interest in the tenement in question, which she holds by bequest of her late husband, Adam de St. Albans, and that the fee and right belong to Richard, Adam's son. Adjourned that she may have him in court. On Fri. 18 Nov. the assize comes, but Richard makes default. The defs. say that they are without legal advice, since their counsel left them because noon struck before the assize came (consilium suum ab eis recesisse eo quod nona pulsabatur ante adventum assise). After further adjournments the assize comes on Fri. 16 Dec., and the parties, with their consent, are given a day to hear judgment on Fri. 20 Jan. 1307.
105. Isabel relict of Estmar de Wynton' complains that Peter de Hatfeld and Juliana his wife have built the gutter (goterum) carrying off the water from their houses in the par. of St. Lawrence de Candelwykstrete leading into hers, which is unable to contain or convey away so great a quantity of water, so that it rots her timber (meremium) and floods her house. Peter after essoin makes default. Juliana comes and says that her father, Fulk de St. Edmunds, gave her the tenement, built as at present, and that she and her father before her were seised of the said fall of water (de predicto aqueductu); but because long seisin cannot prejudice the pl.'s case or give to the possessor the right and fee (quia diutina seysina huiusmodi aqueductus parti querenti non preiudicat neque parti ilium possidenti ius nec feodum adquirit), it is adjudged that within 40 days etc. the defs. receive the water from their houses and convey it on to their own land without damage to the pl. and her free tenement.
Fri. 2 Dec. 1306. John le Blund, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Nicholas de Farndone, Richard de Gloucestre, John de Dunstaple, Simon de Paris, John de Gysors, aldermen.
Fri. 16 Dec. 1306. John le Blund, mayor, John de Wengrave, Thomas Romeyn, Walter de Finchingfeld, Richard de Gloucestre, Nicholas de Farndone, Simon de Paris, John de Dunstaple, Richer de Refham, Solomon le Cotiller.
109. Daniel de Ciltre complains that John de Laufare, 'cotiller', has obstructed the course of the Walebrok by filling it with earth, to the nuisance of his free tenement in the par. of [St. Mildred] de Bradestrete. The def. says it is not the Walebrok that is concerned, but a ditch (fovea) dug with the consent of his neighbours. He asks that enquiry be made by a jury, and the pl. likewise. The jury comes by William atte More, Richard de Hundeslowe, Peter le Batour, Richard le Megucer, John le Megucer, William le Kyng, Walter Grapefige, Hugh le Kissere, Richard le Maunchier, Robert de Braye, William atte Peu and Adam Painter (Pictorem), who confirm upon oath the def.'s statement. Judgment that the pl. take nothing for his plaint. Def. sine die. [For an adjournment see above under 16 Sep.]
110. John Heyron complains that John de Paris, saddler, and Alice his wife, John le Lung and Agnes his wife and Guillotin le Sautreour have built the cess-pit of their privy adjoining his stone wall, so that his house in the par. of St. Alphege beside Crepelgate is flooded by the sewage. Guillotin makes default. The other defs. come but say nothing to delay the verdict of the assize. Judgment after view that within 40 days etc. they remove the cess-pit by 2½ ft. of stone wall or 3½ ft. of earthen wall from the pl.'s land.
111. William Bernard, William de Bykele, Richard Jordan, Richard le Barber of Bredstrete, and John le Mazerer, goldsmith, complain that Roger de Frowyk and the prior of Crutched Friars have stopped up (obturarunt) a gutter (goteram) through which their water used to run into the street, so that the houses of the pls. in the par. of St. Olave by the Tower are flooded. The defs. say that the assize does not lie, and ask judgment whether, since the nuisance concerning which the dispute has arisen is not apparent to the view of the assize (non apparet aspectui assise), they ought to have cognisance of it. It is adjudged that the pls. take nothing for their plaint. Defs. sine die.
115. Roger de Ely and Margery his wife, Robert son of Thomas Sely and Joan his wife, Henry de Thele and Maud his wife, Roger de Balesham and Isabel his wife, Gilbert the Surgeon and Felicia his wife, William de Hedersete and Joan his wife essoin themselves against John Leutour by Henry de Excestre. John appears.
117. [m. 12d.] Gilbert de Tondeby, pl., appears against Gregory son of Robert de Rokesle, Walter Morice and Sarah his wife concerning the defs.' fence (claustura), which is broken down, to the nuisance of the pl.'s free tenement in the par. of St. Brigid in the suburb of London. The defs. make default. Judgment, by view of the assize that the sheriffs warn them to repair the wall within 40 days etc.
118. Thomas Dieu complains that the stone wall which he and Fremond de Houthtone and Margery his wife have in common in the par. of All Hallows atte Heywharf is ruinous and overhangs his land by almost 1 ft. so that he cannot raise (levare) the timber for the building of his new house. He asks that the defs. be compelled by judgment of the assize to repair their part of the wall.
119. In the perambulation made that day it was found that a stone gable (gabulam) of the house of Stephen de Abyndone in the Ropery (corderia) in the same par. is ruinous, to the danger of the neighbours and passers-by. The sheriff is ordered to warn him to repair the wall within 40 days etc.
[m. 13] Fri. 17 Nov. 1307. John le Blound, mayor, John de Wengrave, Nicholas de Farndone, William de Combemartin, Adam de Rokesle, Richard de Gloucestre, Solomon le Coteler, Simon de Paris, John de Wyndessore, Nicholas Pycot and Nigel Drury.
Fri. 22 Dec. 1307. John le Blound, mayor, John de Wengrave, William de Leyre, Henry de Durham (Dunolm'), Nicholas de Farndon, John de Gysorz, Geoffrey de Conduit, Thomas Romeyn, William de Coumbemartin, Nicholas Pycot, sheriff, Simon de Paris, Solomon le Cotiller, aldermen.
125. Denise relict of John Bacheler complains that William de Gatewyk, rector of All Hallows de Berkingecherche, John de Stratford, Peter de Blakeneye, Robert le Maderman and William de Finchingfeld have enclosed with gates (per clausturam portarum) the path (viam) giving access to her free tenement in the par. aforesaid. William de Gatewyk says that the path is a dedicated place and free alms of his church. The other defs. say nothing to delay the verdict of the assize. They are given a day on the morrow at Guildhall to hear judgment. William de Gatewyk appoints William le Clerk his attorney. On Sat. 23 Dec. the parties come and the defs. are ordered to remove the nuisance by the next day, and restore the path to the condition in which it was when the sheriff forbade the erection of the gates (clausturam nocumenti). Both parties are given a day to hear judgment at Guildhall on Mon. 8 Jan. 1308; but the mayor and aldermen being then unable to attend there is a further adjournment to Fri. 12 Jan., on which day Denise appears but the defs. make default. The sheriff is ordered to distrain them to remove the gates (clausturam nocumenti) complained of, and to cause them to appear on Mon. 15 Jan. to make fine for their trespass. At the court held on that day, the pl. again appears, but the defs. do not come. Judgment, by view of the assize, that within 40 days they remove the nuisance, so that the path remains common, as it used to be; and that the sheriffs have their bodies before the mayor and aldermen on Fri. 19 Jan. to make fine for the trespass, of which they have been found guilty by inquest, of erecting the gates aforesaid in defiance of the sheriffs' prohibition.
[m. 13d.] Fri. 9 Feb. 1308. John le Blound, mayor, John de Wengrave, William de Leyre, Henry de Durham, Thomas Romeyn, Nicholas Pycot, John de Wyndesore, William Cosyn, John de Gysorz, William de Combemartyn, aldermen.
126. The abbot of Stratford complains that the water draining from the houses of Ralph le Coupere and Celestria his wife rots his timber and the stone wall which they have in common in the par. of St. Mary Wolnoth. The defs. say nothing to delay the verdict of the assize. Judgment, after inspection by the assize that within 40 days the defs. receive their water and convey it on to their own land or into the street, unless the parties can agree together to carry off their water at their common charges in a single gutter.
129. Cecily relict of John de Bauquelle complains that the apertures (aperturas) in the house of Avice la Sackere overlook her land in the par. of Holy Trinity the Less. The def. after essoin makes default. Judgment, by view of the assize, that within 40 days etc. she block up the aperture.
131. Idonea de Cambridge (Cantebrigia) complains that the stone wall of Richard de Mompesson (Monte Pessulano) and Raymond de la Brouwe is ruinous, to the danger of the lives of her tenants and others dwelling there (conversancium), and to the nuisance of her free tenement in the par. of St. Mary Magdalen de Melkstrete. [Margin: dies oct'.]
132. Thomas Broun complains that the water falling from the houses of Stephen de Uptone and Sybil his wife rots the timber of his house in the par. of St. Sepulchre without Newgate. The sheriff testifies that the defs. have been summoned, but they do not come. Judgment, after inspection by the assize, that within 40 days etc. they make a gutter (goteram) to convey their water on to their own land or into the street.
Fri. 7 Mar. 1309. Nicholas de Farndon, mayor, John de Wengrave, John de Wyndesore, Henry de Durham, William de Leyre, Nicholas Pycot, Simon de Paris, Geoffrey de Conduit, William de Coumbemartin, aldermen.
Fri. 14 Mar. 1309. Nicholas de Farndon, mayor, John de Wengrave, Thomas Romeyn, William de Leyre, John de Wyndesore, Henry de Durham, Richard de Gloucestre, Geoffrey de Conduit, Simon Bolet, Simon de Paris, William Servat, Richard de Wilehale, and Henry de Gloucestre, William Cosyn, Thomas Sely and Nicholas Pycot, aldermen.
135. Hugh le Blound, kt., and Henry Lisson essoin themselves against Robert son of Walter, pl., by Robert de Leycestre; Hugh brother of the aforesaid Henry essoins himself against the same Robert by William de Braineford.
Fri. 25 Apr. 1309. Nicholas de Farndon, mayor, John de Wengrave, William de Leyre, John de Wyndesore, Henry de Durham, Richard de Gloucestre, Nicholas Pycot, Simon de Paris, William Cosyn, William de Coumbemartin.
140. Because it is found by testimony of the neighbours and is apparent to the men sworn to the assize that the master of the bakehouse of St. Paul's and Master John de Silverstone changed the course of the stream (cursum aque) formerly running through the street leading to St. Paul's Wharf by raising the level of their pavement (pavimentum), it is adjudged that the master of the bakehouse and the tenants of the tenement formerly belonging to the said Master John, be warned that within 40 days etc. they lower (ad deprimendum) the pavement so that the water can follow its former course.
141. Because it is found by presentment of the neighbours and is apparent to the mayor and the men sworn to the assize that for lack of a pavement in the road by (sub) the close of St. Paul's great damage is daily incurred by the citizens and could arise in case of fire, it is adjudged that the sheriff warn the dean and canons living near the bakehouse, the master of the same, the abbot of Peterborough and others living there (ceterosque vivos) that within 40 days etc. each make a pavement outside his tenement.
142. The mayor and the men sworn to the assize order that within 40 days etc. John de Waledene lower the pavement which he has built too high opposite his house, to the nuisance of private persons and strangers walking and riding there.
145. The assize of William de Toppesfeld [and Joan his wife, v. Giles son of Nicholas Broun and Richard le Broun his guardian (custos)] on the Fri. following because it could not be terminated by view of the mayor and aldermen. It is adjudged that an inquest be held concerning certain doubtful points. The parties and the jury duly appear and are given a day at the octave. On Fri. 19 Sep. the assize comes upon the land by Nicholas de Farndon, mayor, John de Wenegrave, John de Wyndesore, Nigel Druri, Simon de Parys, Henry de Gloucestre, Thomas Sely, aldermen, and six men of the neighbourhood, viz. Thomas le Paumer, Henry de Amoundesham, Walter le Chaundeler, Richard Levesone, Robert de Weleford and Adam le Forbour, elected and sworn by consent of the parties to certify the mayor and aldermen concerning those matters which they could not determine by view. The mayor and aldermen having been duly certified the parties were given a day at the quindene to hear judgment.
146. Christine de Compton complains that when she wished to repair the stone wall of her tenement next the land of John de Rameseye in the par. of All Hallows de Berkyngchurch and sought to place her timber upon it and her carpenters began to build, the def. prohibited the work. John says that a moiety of the wall is his. The pl. says that he cannot claim anything in it, because the tenement of which it is part belonged formerly to Avice daughter of Richard and Thomas her brother who gave it to Robert de Cokfeld, kt, whose heir she is; and it lies between the tenement of William Clerk on the east and that of Master Arnold de Tulio, which belonged to Elias le Mariner on the west, and contains in breadth on the side where the wall is, 10 ells. She produces as evidence the deed of gift of Avice and Thomas to Robert, and says that Robert and all subsequent tenants have been seised of the wall in its entirety. She asks that the plot of land opposite the wall from the tenement of William Clerk be measured, and says that she will not consent to put herself upon any assize outside the bounds contained in her charter (petit quod dicta placea exopposito dicti muri a tenemento dicti Willelmi Clerici mensuretur, quia extra bundas in carta sua contentas super aliquam assisam ad ponendum se non vult consentere). The def. says that this is an assize, and ought to be held upon the land and determined by view of the mayor and aldermen and other good men of the City elected and sworn for the purpose, and that he can produce various evidences and arguments in support of his claim to own half of the wall. The mayor and good men being insufficiently advised as to whether the land should be measured for the bounds contained in the pl.'s charter, or whether the assize should proceed notwithstanding the production of her title-deed, give the parties a day at Guildhall [on Fri. 5 Dec.]. Further adjournment follows, until the next Tues. [9 Dec.] for lack of aldermen, and again until Fri. 12 Dec. because the mayor and aldermen are still insufficiently advised as to the judgment to be given. On that day the assize comes and the parties likewise, and because it appears to the view of the assize that a plate (plata) of old timber belonging to the pl.'s house lies upon half the wall in dispute, it is adjudged that the measurement for which she asked shall not be proceeded with, but that she retain the moiety of the wall upon which her old timber rests, and within 40 days etc. remove the timber newly placed upon the moiety not so built upon (hospitata).
Fri. 27 Feb. 1310. Thomas Romain, mayor, Nicholas de Farndon, John de Wengrave, William de Leire, Simon de Paris, Henry de Durham, John de Wyndesore, Thomas Sely, William Coumbemartyn, William Servat, John de Lincoln, aldermen.
147. William de Hanyton, skinner, pl., appears against John, rector of St. John upon Walebrok, Robert Persone, John le Marchal, Robert de Dodeford, Andrew de Stamford, Hugh de Wircestre, Henry le Forbour, Robert Liger, Adam de Burton, Robert le Purtreor and John de Eynesham, parishioners, defs. The rector comes and the sheriff testifies that the parishioners have been summoned, but they make default. The assize is accordingly adjourned to the quindene. On that day the parties come but two more adjournments follow because the mayor and aldermen are insufficiently advised as to the judgment to be rendered.
148. Walter Cross, pl., appears against Reginald Deumars and Isabel his wife, defs. The sheriff testifies that the defs. have been summoned but they do not come, and the assize is accordingly adjourned to the quindene.
149. The prior of Merton, def., essoins himself against William Amys by William de Realle. At the quindene [24 Apr.] the sheriff is ordered to cause the assize to be resummoned for Fri. 1 May because of the proximity of Easter. On that day the parties come, but for lack of aldermen the assize is adjourned until Fri. 8 May, when the parties come in the presence of Thomas Romayn, mayor, J. de Wengrave, W. de Leire, H. de Durham, William Servat, J. de Wyndesore, and Nicholas Picot and James de St. Edmunds, sheriff. Judgment, after view by the assize, that the party-wall (paries) of the prior's house be demolished, because it does not stand straight (lineatura, rectius lineatur) but leans towards the pl.'s land, and that the pl., at his own charges, lay the foundation (fundamentum) in stone of a new wall, the def. finding the timber to complete it. The pl. to meet the entire cost of building and the wall to remain to the def.