London Assize of Nuisance 1301-1431 A Calendar. Originally published by London Record Society, London, 1973.
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15 May 1310 - 4 Jan 1314 (nos 1502-00)
151. Pleas of assize between Ralph de la Penne, pl., and Peter de Wymbourne, clerk, living at Smethefeld; Robert de Gloucestre, goldsmith, pl., and William atte Wolde and Isabel his wife; Alice relict of Gerard de Brye, pl., and Robert son of Robert le Treier respited by Henry de Durham, alderman, and Thomas de Kent (Kancia), serjeant, for lack of aldermen.
154. On that day Simon Corp, pl., and Peter Adrien, def., appear before Thomas Romain, mayor, John de Wengrave, John de Lincoln, Simon de Paris, William de Combemartyn, Nicholas Pikot, Simon Bolet, Richard de Wyrhale, William Servat, Richard de Gloucestre, Thomas Seely and William Trente, aldermen. The pl. complains that when he sought to repair his house, the def. prohibited him from placing his timber upon his part of the wall between their tenements. Judgment, after inspection by the mayor and aldermen and all the others belonging to the assize, that the pl. have 1½ ft. of the wall for its entire length, viz. 21 ells 1½ ft. from the tenement of Henry de Bouden on the east to Soperelane on the west, and that the space left between the parties for a gutter be common to them and repaired at their joint expense.
155. On that day the mayor and aldermen come and Gilbert de Taunton likewise. J. de Pelham, by his attorney, complains that the def. in building upon his land, placed his timber too close to his house. The def. puts himself upon the view of the mayor, aldermen, sheriff and others of the assize, who give judgment in his favour.
156. On that day Roger le Palmere, pl., and Thomas Gisorz, def., appear before the mayor and aldermen, and Roger complains that, when building his house in the par. of St. Mildred in Bredestrete he sought to place his timber upon the wall between his land and that of the def., the latter prohibited the work and overthrew the timber. Thomas claims that the wall is his. He puts himself upon the view of the assize and the pl. likewise. A day is given to the parties on Mon. 31 Aug. and further adjournment follows until Fri. 4 Sep. for lack of aldermen. Finally the parties come on Wed. 16 Sep. at Guildhall and because it appears to the mayor and aldermen that the south part of the wall, next to the wall of the church of St. Mildred, stands upon the land of the pl. and the rest upon that of the def., who has an old post above in his kitchen adjoining the wall about which the dispute has arisen, it is adjudged that the pl. have the wall, measuring by scantling (per scantilonem) from the outside of the said post to the corner of the church, and the def. from inside the post.
158. Gilbert de Taunton, pl., appears against John de Pelham, def., concerning a nuisance to his free tenement in the par. of St. Olave in S[ilver]strete. Henry de Passenham produces royal letters of protection (fn. 1) on behalf of the def., and asks that the protection be allowed. The pl. produces royal letters promising him maintenance and protection in his affairs, and likewise asks that they be allowed. And because the mayor and aldermen are insufficiently advised concerning the premises a day is given to the parties.
160. William Busshe complains that Maud relict of John le Heaumer, William de Basing and Richolda his wife have broken down the party-walls (parietes) of the privy in a room in the par. of St. Dunstan by the Tower of which he has been seised for ten years and more, declaring that it belongs to them, and that he receives upon his land the rainwater from the defs.' house, whereas they ought to do so. The defs. come and Maud, as tenant of the tenement in question, says that she lately brought a writ of dower against the pl. in the Husting, and the privy was included in the third part assigned to her by the carpenters and masons (homines carpentarios et lapicidas) sworn to make such partitions. The pl. says that the partition was made three years ago, and the privy was not included in Maud's share, but remained in his possession until within the last month she laid claim to it. Because it appears to the mayor and aldermen, on Maud's own showing, that the pl. retained the privy from the time of the partition until the present, and it seems to them that he could not have done so had it been included in her third part, they give judgment that within 40 days she rebuild the partywalls as they were before under a penalty of 40s. As to the reception of the water, it is adjudged that, since no plaint has yet been raised, nothing be done at present.
[m. 17a] (fn. 2) Fri. 9 May 1309. Nicholas de Farndon, mayor, John de Wengrave, John de Wyndesore, Thomas Romeyn, Richard de Gloucestre, Geoffrey de Conduit, aldermen.
163. William Busshe complains that the water draining from the house of William de Basyng and Richolda his wife and Maud relict of John le Heaumere in the par. of St. Dunstan by the Tower, falls upon his land, and that the defs. have a door and a window opening upon it. The defs. though summoned make default. Judgment after view that they make a gutter (stillicidium) to receive and carry off their rainwater, and block up the apertures complained of within 40 days etc.
164. William de Leire complains that Simon de Abyndon has recently made an aperture in the plaster (luteo) wall of his house in the par. of All Hallows the Less, opposite the pl.'s hall. The def. comes and submits to the judgment of the assize. After view, the mayor and aldermen adjudge that he block up the aperture within 40 days etc.
165. John le Luter complains that the cess-pit of Robert de Chiggewelle's privy adjoins too closely his earthen wall in the par. of St. John Zachary, so that his house is inundated and his wall rotted by the sewage. The def. says that the cess-pit is common to both parties, since their respective tenements were formerly a single whole; and the wall simply marks the boundary between their pourparties. Judgment after view that they clean the cess-pit at their common charges; and, at their discretion, either combine to build a stone wall in place of the earthen one, or each build a stone wall on his own pourparty. The cleansing of the cess-pit to be carried out within 40 days. Otherwise the sheriff is to act at the expense of the defaulting party. [Entry deleted. Margin: vacat hic quia intratur inferius.]
167. The commonalty, by Luke de Haveryng, chamberlain, appear against Thomas de Campes, John Dode, John de Dallyng, Robert de Fulsham and Master Peter le Cirugien. Master Peter makes default. The sheriff is ordered to warn him to be prepared within 40 days to combine with the commonalty to build a wall between them, in accordance with the Assize. Thomas de Campes, John Dode and Ralph de Fulsham come and agree to build their respective portions. John de Dallyng is ordered to block up his apertures overlooking the land of the commonalty, and to make a fillet-gutter (filettum) to receive his rainwater.
169. John de Triple, pl., appears against Peter le Blund, parson of St. Stephen Walebroke, and William de Hanyton, John Cotun, John de Cornwall (Cornubia), Gilbert atte Herst, Roger de Ely, fishmonger, Elias de Thorp, Geoffrey de Shropshire (Salop), Adam de Harewebrewe, Peter de Newcastle (Novo Castro), Roger de Netlestede, Robert de la Marche, tailor, and Andrew Brunne, parishioners. William de Reylle comes and offers to essoin the defs. but afterwards he denies doing so on the ground that he had not been asked. Peter appears in person. John de Triple complains that the part of his stone wall between his tenement and the church, with the house built thereupon, was ruinous and dangerous, and he began to demolish it with a view to its repair, whereupon the defs. caused the sheriff to prohibit the work. It is found by view of the mayor and aldermen and the others sworn to the assize that the part of the wall in question viz. that situated on the south side of the church, between the altar of the Blessed Virgin on the east and the corner where John Adrien, late citizen, is said to be buried on the west, stands wholly on the pl.'s land, and the gutter (stillicidium) thereon belongs solely to him, whereas the church has its own gutter (stillicidium) to receive its own water, situated upon its own land. It is therefore adjudged that the pl. continue his building operations. Peter and his parishioners in mercy for a false plaint. [Cf. 174.]
170. The mayor and commonalty appear against Thomas Perceval, and the sheriff attests, by Richard de Crofton, clerk, that he was not in the City at the time of the summons. The sheriff is instructed to order those living in the tenement concerning which the assize is sought, to warn him to be upon the land at the quindene; and the same day is given to the mayor and commonalty.
174. John Triple, pl., appears against Peter le Blund, parson of St. Stephen Walebrok, William de Hanyngton, John Coton, Roger de Nettlestede, John de Cornewaille, Geoffrey de Shropshire, and Gilbert atte Hierst, parishioners, defs., who first essoin themselves and then make default. The pl., by Henry de Passenham, his attorney, complains that the defs. acting on their own authority, have made a great aperture in the stone wall on the south side of the church, overlooking his tenement. The mayor and aldermen, after viewing the premises, give the parties a day at the octave [25 June] at Guildhall to hear judgment; but on that day they had to appear before the treasurer and council, and the assize was therefore adjourned until Wed. [? 14 July 1311]. On the following Fri. the parties come, and judgment is given that since the wall in question forms the fence between the parties, and for the past thirty years and more there has been no aperture in it, the defs. must block up within 40 days etc. the aperture they have made.
Afterwards, on Sat. 11 Mar. 1312, the pl. conies and complains that judgment has not been executed. The sheriffs, Richard de Welleford and Simon de Corp are ordered to put it into execution in accordance with the custom of the City. [Cf. 169. m. 19d. Blank.]
[m. 20] Fri. 18 July 1311. Richer de Refham, mayor, Nicholas de Farndon, John de Wengrave, William de Leyre, Nicholas Pikot, Thomas Sely, Simon Bolet, aldermen, Simon de Corp, sheriff and others sworn to the assize.
175. On that day it was adjudged by the mayor and aldermen that within 40 days etc. William de Hackeford and Avice his wife should pave the outside of their tenement in the par. of St. Stephen de Colemanstrete from their gate (porta) along the earthen wall in the lane leading to the church of St. Margaret de Lotheberi.
181. On the same day the parishioners of St. Mary Aldermanbury appeared against the same Ellen de Clouton concerning her wall next the churchyard of that church. Judgment by the mayor, aldermen, sheriffs and others sworn to keep the assize that within 40 days etc. the parishioners demolish the wall in question and rebuild it at their own cost upon land provided by Ellen to a width of 3 ft. and a height of 16 ft. according to the Assize of the City.
Fri. 10 Mar. 1312. John de Gisors (Gisorcio), mayor, Nicholas de Farendon, Henry de Durham, William Trente, William Servat, Nicholas Picot, Anketin de Gisorz, aldermen, and Richard de Welleford, sheriff.
183. Francis de Vilers, kt., complains that by default of Henry le Brewere the gutter (stillicidium) between their tenements in the par. of St. Dunstan Fletestrete, which ought to be repaired at their common charges, is so broken that the timber of his house is rotted and the party-wall is ruinous, and that the cess-pit of the def.'s privy adjoins the earthen wall of his hall too closely; and further that he stacks his firewood in his garden too near the pl.'s stable wall so that it is broken and damaged. Judgment that since all the nuisances complained of are manifest, the parties repair the gutter within 40 days etc. at their common charges, and that within the same period the def. remove his cess-pit 3½ ft. from the pl.'s wall, and remove his firewood from his stable wall and repair the damage caused to it under a penalty of 40s. etc. [m. 20d. Blank.]
[m. 21] Fri. 13 Oct. 1312. John de Gysors, mayor, John de Wengrave, Nicholas de Farndon, Richard de Gloucestre, Nigel Druri, Anketin de Gisors and Simon Bolet, aldermen, and Richard de Welleford, sheriff.
184. Isabel relict of Richard de Horemade complains that Master John Wylemyn, in rebuilding his house in the par. of All Hallows de Grascherche upon the site adjoining the pl.'s tenement, placed his timbers upon the stone wall which belongs wholly to her house, tearing down (eradicavit) the gutter (guteram) on the same wall which received and carried off her rainwater into the street, and breaking and cutting through (abscisit) the tiles and timber. The def. comes and asks for licence to agree. He undertakes to repair and replace the gutter in its former position; and the pl. agrees to remit to him all the trespass and damage done to her. The def. is ordered to repair the gutter without delay and to remove his corbels from the pl.'s wall within eight days.
Fri. 22 Dec. 1312. J. de Gisors, mayor, N. de Farndon, John de Wengrave, William de Coumbemartyn, William de Leire, William Servat, Henry de Gloucestre, Simon Bolet, Henry de Durem, John de Wyndesore, Nigel Druri, Roger de Paris, Richard de Wyrhale, John Lambyn, alderman and sheriff, Richard de Willehale [sic], Anketin de Gysorz and Stephen de Abyndon, aldermen.
185. Master William de Meleford, archdeacon of Colchester, pl., appears against Ralph son of William Mabely, surgeon, John de Laufare and Edward de Macchyng, defs., complaining that they have apertures in the earthen walls of their houses in the par. of St. Benet Fink overlooking his garden. The sheriff testifies that the defs. were summoned, but they make default. Judgment, after inspection of the premises that within 40 days etc. the defs. block up the apertures complained of.
186. On Fri. 2 Mar. 1313 it was adjudged by J. de Gisors, mayor, and the aldermen that John de Watford and John Knyght, tailor, should within 40 days etc. remake the pavement outside their tenements in the par. of St. Sepulchre in the suburb of London, which in its present state is to the damage of John de Chibenherst and the other neighbours.
187. Richard Ussher, Geoffrey de Chelchehethe, Gervase de Houndesdiche, Philip de Houndesdiche, Geoffrey Drie, Simon atte Smalebregge, Lawrence de Hadham, Walter de Hadham, Walter de Shenefeld, Roger de Chipstede, Roger de Edelmeton, John Swift, Walter de Chipstede, William de Hakeneye, William le Meleward, Richard Beryng, William de Mymmes and Stephen de Hadham, tanners, pls., appear against Philip fitz Herves', William de Forsham, Thomas de Luda, John le Botoner and Henry le Callere and other tanners, defs., concerning their free tenement in the par. of St. Mary le Bow (de Arcubus). Philip fitz Herves' and Thomas de Luda do not come, because they were not in the City at the time of the summons. The sheriff is ordered to summon them for the quindene, and meanwhile the assize proceeds. The pls. complain that they have a common seld in the par. which is in disrepair, but they cannot repair it because the defs.' wall which adjoins their tenement is ruinous and must first be demolished and rebuilt. William de Forsham comes and says that he has no interest in the wall in question except by demise of Philip fitz Herves'. John le Botoner and Henry le Callere come.
188. John le Mazeliner, chamberlain, appears on behalf of the commonalty, pls., against the prior and brethren of the Austin Friars, defs., complaining that whereas, time out of mind, there was a ditch (fovea) outside the old hedge (sepe) enclosing their garden in the par. of All Hallows London Wall which served to receive and carry off the water of the Walebrok, the defs. have stopped up the ditch and built an earthen wall around their garden on the other side of it, thus narrowing the king's highway to the damage of the whole City, and obstructing the course of the Walebrok. The defs. come and are given a day.
189. William de Meltone, dean of St. Martin le Grand, the chapter of the same and William de Beverle, chaplain, essoin themselves against the mayor and citizens prosecuting for themselves and for the guardian of the Friars Minor by W. de. Westwode.
191. John de Preston, 'zeinturer', pl., appears against William Spot and Muriel his wife and Margery la Fundour, defs., complaining that the cesspit of the privy they have made in their house in the par. of St. Lawrence Jewry adjoins too closely the pl.'s tenement and so undermines it that his house and timbers are ruined. The defs. do not come. Judgment after view that within 40 days etc. the cess-pit complained of be well and firmly blocked up and another made 3 ft. from the pl.'s land.
193. On that day Hugh de Waltham, pl., and Richard Dask, def., agreed by licence of Nicholas de Farndon, mayor, the sheriffs and aldermen. The tenor of the agreement [French] follows. [Margin: Scriptum irrotulatum.] Richard acknowledges that he is bound to maintain in repair a gutter (gotere) between his house and Hugh's in the par. of St. James Garlekhethe, and to receive upon his land the water draining from Hugh's house; the pl. granting him in return the right to affix his transoms (traverseyns) to his timber (meryn), and to convey the water from his house through his tenement. The def. further undertakes that whenever the pl. wishes to repair his house he may remove the said transoms and gutter (gotere), and divert or stop up the water flowing through his tenement, and promises to claim no right in the pl.'s wall or timber. Penalty for breach of the agreement £20 payable to the pl., his heirs or assigns. Dated 13 Oct. 1312. Witnesses: John de Birdene, Peres Maupyn, John de Taleworth, William le Bret and others. The def. comes and acknowledges the above deed as his, and grants for himself, his heirs and assigns that if at any future time it is contravened, the £20 shall be levied by the City officers to the use of Hugh, his heirs or assigns or to whomsoever the tenement in question shall come; and he puts himself in mercy [sic].
198. Roger de Eure and Ranulph, rector of St. Margaret Lotheberi, were ordered to remove within 40 days all the obstructions they have placed in the course of the Walebrok and to enlarge the watercourse beside their tenements where they have narrowed it.
200. Likewise John de Paris, 'seler', is ordered to remove certain beams (trabes) and timber lying across the Walebrok next his house; and William de Fourneis to remove a privy built above it within 15 days. Otherwise the sheriff is to act.