London Assize of Nuisance, 1301-1431: A Calendar. Originally published by London Record Society, London, 1973.
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1 Mar 1314 - 1 Dec 1318 (nos 201-251)
[m. 22d.] Fri. 1 Mar. 1314. Nicholas de Farndone, mayor, John de Wengrave, Henry de Durham, John de Lincoln, Henry de Gloucestre, Roger de Frouwyk, Roger de Paris, aldermen, and Robert Burdeyn, sheriff.
201. It is adjudged by the assize that the stone wall common to the tenements of Robert de Keleseye and Katherine relict of William de Staunford in the par. of St. Mary de Colchurch in Cheap, which is ruinous, be repaired within 40 days at their common charges. Both agree spontaneously to do the work. If they fail the sheriff is to act at the expense of the defaulter.
203. Hugh de Waltham, clerk, complains that John le Tailleur of Grascherch has caused his masons to cut through the foundations of the stone wall between the tenement formerly belonging to Ralph le Blund, goldsmith, in the par. of St. Benet Garscherche, now held by Peter de Herlyng, called le Taverner, and the pl.'s own tenement, beneath his joists (gistis) and planks (planchetis) and under the entrance to his house, and has blocked up the apertures in his party-wall which formerly gave light to his kitchen, and which John de Beverley, tailor, the def.'s father, granted to Edmund Horn, predecessor of the pl. After inspection by the mayor, sheriffs, aldermen and others sworn to the assize, it is adjudged that within 40 days etc. the def. repair the wall in question, and reopen the apertures in accordance with his father's deed.
Fri. 29 Mar. 1314. Nicholas de Farendon, mayor, John de Gisors, John de Wengrave, Richard de Gloucestre, John de Lincoln, William Servat, Henry de Durham, Roger de Paris and Simon de Paris, aldermen, and Robert Burdeyn, sheriff.
204. William de Cornehulle, parson of St. Mary Aldermanberi, complains that William de Salesbury, clerk, has caused the rebuilding of his house, which adjoins that of the def., to be prohibited. The def. says that the pl. sought to attach his timbers and a brace (bracea) to a post in his house, in which he has no right. The assize finds that as alleged by him the brace of the pl.'s old house was affixed to the post in question and that his wallplate (pannam) rested upon it. It is therefore adjudged that he affix his new brace and timber in like manner, provided it be not to the detriment of the def.'s tenement.
205. Alice de Lincoln complains that Idonea daughter of William de Leire, citizen, in repairing her house in the par. of Holy Trinity the Less, placed her timber upon the stone wall between their tenements, half of which belongs to the pl., who thereupon prohibited the work. Idonea says that the assize has no jurisdiction in the matter, because the tenement now held by the pl. was formerly in the possession of John de Halghford, citizen, between whom and the def. a dispute arose concerning the wall in question, and she produces the indenture made between them on Thurs. 19 Oct. 1301, and witnessed by Elias Russel, then mayor, Robert le Callere and Peter Bosenham, sheriffs, Ralph de Honylane, alderman of the ward [of Bread Street], Walter de Fynchyngfeld, junior, John le Blund, N. de Farndone, R. de Gloucestre, H. de Gloucestre, aldermen, John de Lincoln, Roger le Palmere, Simon le Blund, baker, and others, according to which the parties agreed that the wall, extending from the tenement of John de Gisors on the east to the royal highway on the south, and measuring 30 ells, not counting the odd inches, should be common between them in perpetuity, and maintained in repair at their common charges, half remaining to John and his heirs and assigns, and half to the def., with the right to build thereon; saving to John his chimney on the said wall. Idonea says that she claims nothing more than is allowed by the indenture, but asks that the masons and carpenters appointed for the purpose come and measure the wall in length, breadth and depth to determine the extent of her share. Master Simon de Pabenham [?Pakenham] and Michael de Canterbury, masons, and Master Robert Norhampton and Simon de Canterbury, carpenters, come on the following Mon. [29 Oct.] and report their findings at Guildhall. Judgment that the wall, throughout its length, is common to the parties, and that Alice may build upon her half without obstruction from Idonea.
206. John le Botonner is summoned to answer Richer de Ref ham in a plea of assize of nuisance. Richer says that buildings in the City one, two or three storeys high have come into the possession of divers persons, two or three living in them according to the number of cellars and storeys, having acquired their right by inheritance, purchase or bequest; and that such persons ought, according to the custom of the City, to maintain their portions in repair and rebuild them if destroyed by fire or other cause. He complains that whereas he lately bought a shop on the corner of Soperislane next Cheap (forum), the def. has a very small shop in the corner of the same, under the first storey, which threatens ruin to the danger of passersby and the scandal of the City; and he has refused for three years and more to repair it. The def. appears and says that his shop is in sufficiently good condition and does not need repair: but the mayor and aldermen find that it is ruinous and dangerous, and must be demolished and rebuilt. Since, however, the shop will remain for the greater part to Richer, it is adjudged that if possible within 40 days he provide subject to the prescribed penalty, a new post at the corner next Cheap and Soperislane of the same thickness as the previous one, together with the joists (gistas), plates (platas) and planks (planchea) and everything else necessary, excepting only the wall (claustura) between the def.'s premises and those of the pl., the cost of which they are to share equally. Further, the def. is to be allowed to affix the iron hooks (uncos) for hanging his shutters (fenestras) to the timber of the pl.'s shop, and is to be allotted the same space as he formerly enjoyed, according to measurements taken in the presence of Nicholas de Farndone, mayor, Hugh de Gartone and Robert Burdeyn, sheriffs, John de Gysors, John de Wengrave, William de Leyre, Henry de Durham, John de Lincoln, Simon Corp, Roger de Paris, and other aldermen and citizens and of the parties, viz: from the corner of the shop next Cheap to the pl.'s land on the south 1½ ells 3 ins.; from the same corner to the pl.'s land on the east 1½ ells less 2 ins.; in breadth on the east side 1½ ells 3 ins.; on the south side 1¼ ells 2 ins.; in height from the pavement on the west side next Soperislane 2 ells 6 ins.; and from the pavement next Cheap beneath the pl.'s solar 2½ ells 3 ins.; thickness of the post 12 ins. (fn. 1)
207. [m. 23d.] Royal writ (fn. 2) to the mayor and aldermen, dated 4 May 1314, to enforce the repair of tenements parts of which are occupied by different tenants.
208. Richard and Walter Crepyn, pls., appear against John, parson of St. Dunstan, def., complaining that the fences (clausture sic) between their tenement and that of the def. are broken down. The def. makes default. Judgment that the fence [sic] be repaired at the common charges of the parties within 40 days.
209. It is likewise adjudged that within 40 days an earthen wall 3½ ft. thick be built at their common charges between the land of the same Richard and Walter and that of Thomas de Spain (Ispania) and Christine relict of Alan de Neuberi in the par. of St. Dunstan by the Tower, and between their land and that of John son of Lawrence Albyn. Otherwise the sheriff is to act at the expense of the defaulting party, and fine him 40s.
211. Roger de Hortone, attorney of the abbess of St. Clare, pl., appears against John Hardel, def., complaining that he caused the repair of her house in the par. of St. Martin Vintry, to be prohibited. The def. comes and says that his house adjoins that of the pl. and that when she began to build she placed her timber on his land and affixed it to his wall. The mayor and aldermen find, after viewing the premises, that her old timber lay upon part of the wall in question, of which she is therefore seised, and that her posts and timber used in her new building do not encroach on the pl.'s land. She is therefore told that she may proceed with the work, and the pl. is forbidden to put any further obstacle in her way. Further, he is told that if he wishes at any time to demolish the wall, he may do so only as far as the pl.'s timber extends, and without threatening ruin to her house.
212. Cambin son of Fulbert (Fulberti) complains that whereas the solar above the entrance to his house is built upon the posts and timber of the party-wall between his tenement and that of Geoffrey de Blith and Cecily his wife in the par. of All Hallows de Grascherche, they caused the sheriff to prohibit the work when he sought to repair it. After viewing the premises the mayor and aldermen adjudge that the wall, posts and timber are common to the parties, and the pl. is to have half upon which to build his solar at will.
Fri. 9 Aug. 1314. Nicholas de Farndon, mayor, John de Gisors, John de Wengrave, William de Leire, Richard de Gloucestre, Roger de Paris and John de Lincoln, aldermen and Robert Burdeyn and Hugh de Garton, sheriffs.
213. The mayor and commonalty, by John Dode, chamberlain, complain that Walter le Benere has a house in the par. of St. Lawrence Jewry of which the stone wall extends from the outer gate (forinceca porta) of the Guildhall to the middle gate of the entrance (mediam portam introitus) of which part is ruinous, to the great danger of the passers-by, and although warned by the mayor he has not troubled to repair it. Judgment that he repair it within 40 days etc.
214. The mayor and commonalty, by John Dode, chamberlain, complain that whereas of old in the par. of St. Michael Queenhithe, a gutter (gutera) running under certain of the houses was provided to receive the rainwater and other water draining from the houses, gutters and street, so that the flow might cleanse the privy (camera privata) on the Hithe, Alice Wade has made a wooden pipe (pipam ligneam) connecting the seat (sedile) of the privy in her solar with the gutter, which is frequently stopped up by the filth therefrom, and the neighbours under whose houses the gutter runs are greatly inconvenienced by the stench. Judgment that she remove the pipe within 40 days etc.
[m. 24d.] Fri. 16 Aug. 1314. Nicholas de Farndon, mayor, John de Gisors, John de Wengrave, William de Leire, Simon de Paris, Simon Corp, Anketyn de Gisors, aldermen, and Robert Burdeyn and Hugh Garton, sheriffs.
215. William de Hakford and Avice his wife, pls., appear against John de Sabrichesworth, junior, def., complaining that the earthen wall between the garden of the pls. and the land of the def., extending from the corner of their kitchen on the north to the corner of the def.'s house on the south in the par. of St. Stephen de Colmanstrete is ruinous, and the def. refuses to share in the cost of repairing it. The def. comes and says that he is prepared to repair the wall in accordance with the judgment of the assize, and the pl. says likewise. It is adjudged that it be rebuilt at their common charges to a width of 3 ft. The pls. further complain that the rainwater from the west side of the def.'s house falls upon their land. Judgment that the def. convey it into the street or on to his own land. Further, the pls. say that the def. has apertures in his party-wall overlooking their premises. Judgment that he block them up within 40 days etc.
216. Reginald de Walsyngham and Mary his wife complain that William de Hedersete and Joan his wife prohibit them from repairing their house in the par. of St. Thomas the Apostle; and that the water from the def.'s house falls upon their land and floods it and their house; and that they have a window overlooking their premises. Judgment that the pls. rebuild the walls of their house as they were formerly, and have possession of as much of the wall between the houses of the parties on the north side as was occupied by their old timber. The defs. are ordered to convey the water from their house on to their own land and to block up the aperture complained of within 40 days etc.
217. Walter Crepyn complains of John Aubyn that the fence (claustura) between his plot of land and the def.'s tenement in the par. of St. Dunstan by the Tower is completely pulled down (disrupta) and demolished (prostrata) and the def. refuses to rebuild it. Judgment that each of the parties contribute half the land and build a stone wall between them at their common charges of the height and thickness required by the Assize. Otherwise the sheriff is to act at the expense of the defaulter.
218. The prior of Holy Trinity complains of William Wastel that the earthen wall built of old between the land and garden of the prior in the par. of St. Botolph without Alegate in the suburb of London on the north side, and the lands and tenements of the same William, Adam de Bocton and Peter de Grascherche on the south side is for the greater part pulled down and demolished, so that men and animals enter the pl.'s garden and carry off the fruits and tread down the grass (herbagium). Judgment that within 40 days the parties combine to repair the wall. Otherwise the sheriff is to act at the expense of the defaulter, and fine him in addition 40s.
219. Margery de Somery complains that she has a tenement in the par. of St. Michael de Wodestrete, with right of free entry and exit as well by night as by day through a great entrance (introitus) adjoining the tenement of William le Chaundeler and Christine his wife; but they have so filled it with stalls (truncis), (fn. 3) timber and other impedimenta that she cannot go freely in and out to transact her business; and that she and the defs. had a well (fontem) in the entrance, common to both their tenements, from which to draw water, but the defs. have obstructed it; and, further, that the rainwater from their house falls upon her land and floods it. The defs. come and say that they hold their tenement for life only, and that the reversion belongs to Robert Burdeyn, goldsmith, without whom they cannot answer. The sheriff is ordered to summon him for the quindene [4 Oct.]. On that day the pl. appears but the sheriff testifies that Robert has not yet been summoned. He is ordered to summon him for the octave [11 Oct.] when the mayor and aldermen and the parties duly come. The pl. proffers a deed in which Philip the Palmer of Wodestrete granted to Maud de Bentele, his sister, and to all Christians acquiring it by inheritance, gift, sale or bequest, the great hall with its appurtenances which she now holds, with free entry and exit through the gate (portam) with horses and other beasts of burden (averiis) and carts, by day and by night, and with the right to draw water from the well (puteo) by the hall door (hostium). Robert can say nothing in rebuttal of her claim and it is therefore adjudged that within 40 days etc. the well be repaired at the common charges of Robert and the pl., and that he allow her free entry and exit by the gate and entrance aforesaid and further, since the cess-pit of the defs. adjoins too closely the pl.'s wall, Robert is ordered to remove it to a distance of 2½ ft. if it is walled in stone or 3½ ft. if in earth.
(m. 25d.) Fri. 10 Jan. 1315. John de Gisors, mayor, Stephen de Abyndon and Homo de Chiggewelle, sheriffs, John de Wengrave, William de Leire, William Servat, Anketin de Gisors, Roger de Frowik, Simon Corp, aldermen.
221. Oliver Brounyng, pl., appears against John de Bolyngton and Isabel his wife, defs., complaining that when he sought to repair his house in the par. of St. Nicholas de Coldabbeye, adjoining that of the defs., and to rest his timber upon half the post common to their tenements, the defs. caused the work to be prohibited. The defs. say that the post belongs wholly to them. After the premises have been viewed by the mayor, aldermen and sheriffs, the parties are told to come to an agreement, if possible, within the next eight days. Otherwise the pl. may lawfully (licencialiter) build there, on condition that he set up the post before and behind, having half the ground throughout his shop, as the half of the post in the front part between the tenements of the parties requires (predictus Olyverus postern predictum ex proprio custu levare fac' ante et retro, habendo medietatem fundi terre per totam shopam suam, prout medietas postis predicte que est in anteriori parte inter dicta tenementa sua expostulat). He is to do nothing to the detriment of the defs., who are forbidden to impede his work under a penalty of 40s.
222. William de Tanrigge complains that Master Thomas Gernoun refuses to convey the rainwater from his gutter (stillicidium) and house in the par. of St. Alphege Creplegate on to his own land, so that the pl.'s tenement is often flooded; and further that the cess-pit of his privy adjoins too closely the pl.'s land. The def. denies that he is obliged to receive his rainwater on his own land, because the tenements of both parties formerly belonged to Reginald de Meldebourne and Gunnilda his wife, and in their deed enfeoffing him, which he proffers, they granted him 1½ ft. of their own land to make a gutter (guteram) running the length of the pl.'s tenement to convey the water into his garden. The pl. says that he is not thereby bound to receive the water draining from the def.'s gutter (stillicidio) and roof (summitate domus), since nothing is said to that effect in the deed; but the def. ought to receive the pl.'s water in a sink (puteo) in his garden in return for the easement he enjoys in having his gutter (gutera) on the pl.'s land. This the def. concedes. As far as the cess-pit is concerned, he says that it is surrounded by a stone wall, but he does not know how thick it is. Judgment that within 40 days etc. the def. make a leaden fillet-gutter (filettum) running from his gutter (stillicidio) along his house, to convey his water into the sink in his garden; and that he make his cess-pit 2½ ft. from the pl.'s land if walled in stone, and 3½ ft. if in earth, [m. 26d. Blank.]
228. John de Kressyngham, 'ioignour', pl., appears against the dean and chapter of St. Paul's, and Master Walter de Thorp, canon, defs. The defs. make default. The pl. complains that when he began to erect his timber for building his house on his own land, adjoining that of the defs., they caused the work to be prohibited. The mayor and aldermen, being unprepared to give judgment immediately by reason of certain difficulties (causas difficultatis), give him a day at Guildhall on the following Wed. [7 Apr.]. On that day, Master Walter de Thorp appears and says that he is the sole tenant of the land on which the pl. proposes to build, as he is prepared to prove; and he prays that judgment be not given against him. A further adjournment follows, by consent of the parties, until [Mon.] 19 Apr.
[m. 28] Fri. 19 Nov. 1316. John de Wengrave, mayor, Nicholas de Farendon, John de Gisors, Robert de Keleseye, John de la Chaumbre, Roger de Paris, Simon de Abyndon and Richard de Willehale, aldermen, and Ralph le Balauncer, sheriff.
230. Master John de Sodyngton, pl., appears against (obtulit se versus) (fn. 4) Hugh Garton, def., who makes default. The pl. says that he has a tenement adjoining the newly-built houses of the def. in the par. of St. Peter the Less in Bradestrete; and that the def. ought to convey the rainwater from them on to his land or into the street in accordance with the statute of assizes of the City; (fn. 5) but that, although frequently prohibited by the mayor at the instance of the pl., he has built his eaves (severundas) overhanging his land, so that it is flooded; and that he has made many windows and other apertures in his party-wall overlooking the pl.'s land. Judgment that, since the nuisance is manifest to the view of the mayor and aldermen, and it appears from the records that the pl. sought an assize while the def. was building, the def. have no apertures facing the pl.'s land except at a height of 16 ft.; and that within 40 days etc. he make a gutter (stillicidium) on his house to convey his rainwater on to his own land or into the street.
231. The same Master John, pl., appears against William Syward and Juliana de Brounford, defs., who make default. The pl. complains that the rainwater from the tenement and houses of the defs. in the same par. falls upon his adjoining land, which is thereby flooded; and, further that they have windows and other apertures overlooking his land.
[m. 28d.] [1377.] John de Wengrave, mayor, Nicholas de Farendon, John de Gisors, William de Leire, Richard de Gloucestre, Simon de Paris, Hamo Godchep, Elias de Suffolk, John de Lincoln, Henry de Gloucestre and Roger de Paris, aldermen.
232. Hugh de Garton complains that the rainwater from John de Sudington's tenement in the par. of St. Peter the Less in Bradestrete falls upon his land and floods it, and that he has windows and other apertures in his party-walls overlooking his tenement. The def. comes and says that he and all the tenants of the tenement in question have been seised of the easement of the fall of rainwater (de distillatione aque pluvialis) and the apertures from time out of mind, and that he understands that the assize has no cognisance in such matters after a year and more. He asks judgment, and the pl. likewise.
[m. 29] Mon. 17 July 1318. (fn. 6)
233. Osbert de Bray and Isabel his wife complain that whereas a cellar with solars and shops above in Bredstrete, formerly held by William de Paris, draper, and Maud his wife, Isabel's sister, by inheritance of the same Maud, passed on her death to Isabel and William le Neve, son of Avice, sister of Isabel and Maud, as co-heirs, William refuses to agree to a partition of the premises in accordance with the custom of the City, and withholds the rent due to the pls. Osbert and Isabel produce a royal writ  in their favour addressed to the mayor, and dated 15 June 1318. The def. is given permission, on account of illness, to appear by his attorney, John de Waltham, who says that Isabel has no claim to a share in the premises, because Anastasia Buntyngs, mother of Isabel, Maud and Avice, granted them in fee tail to Maud, with reversion to Avice, whose son the pl. is; but when asked to produce the deed he says he has not got it to hand. The pls. say that, in any case, the deed cannot affect their claim, because, in her will proved and enrolled in the Husting (fn. 7) on Mon. 2 May 1300, Anastasia devised the premises to William de Paris and Maud his wife, her daughter, and Maud's heirs, and they vouch the roll to warranty. It is adjudged that the premises be duly partitioned between the co-heirs, and Master Simon de Pakenham [sic], mason, and Master Adam de Rothyng, carpenter, searw in the presence of J. de Wengrave, mayor, Nicholas de Farndon, John de Gisors, Robert de Kelseie, William de Leire, Hamo de Chiggewelle, John Lambyn, Elias de Suffolk and Anketin de Gisors, aldermen, and John Priour, sheriff, to make the partition with the help of those appointed and sworn to assist them, and to report the result in full Husting on the following Mon. [17 July]. The measurements having been made on Sat. 15 July, half the cellar, measuring from the stone wall of the master and brethren of the hospital of St. James on the south northwards, viz. 5½ ells 3 ins. along Bredestrete on the west, and 4¾ ells 7 ins. on the east; and, above, in the shops and solars, measuring from the tenement of the hospital of St. James on the south northwards, 7¼ ells 3½ ins. along Bredstrete on the west, and 7¾ ells 3½ ins. on the east, were assigned by lot to Isabel and Osbert, and the remaining equivalent portion to William le Neve. The value of teh portion assigned to the pls. is estimated at £6.9.4., and that assigned to the def. at £6.12.0., not including two shops paying an annual rent of 36s. to the prioress of St. Helen's. Judgment that Isabel and William have the portion assigned to them, with all the easements pertaining thereto. William in mercy for an unjust impediment.
234. Judgment between Hugh de Waltham, clerk, and Juliana his wife, pls., and William le Neve, 'furbour', respited until Fri. 3 Nov.; on which day the pls. appeared against the def., complaining that, whereas they hold a cellar with a shop above, in Bredestrate, purchased of Osbert de Bray and Isabel his wife, the def., who holds a solar above the same, on Thurs. 12 Oct., cut down, demolished and carried away without warning, a pentice (appenticium) affixed to the solar above the doors of the cellar and shop of the pls. The def. makes default; and it is ordered that he be attached to appear at the octave [? 10 Nov.], together with a jury of eighteen [sic] of the venue of Bredestrate. After adjournment until the following Mon. [? 13 Nov.] the jury come in full Husting by William de Speresholte, John atte Crouche, John de Codestone, Thomas de Wygth, 'taverner', William le Cergere of Bredstrate, William atte Roche, Peter le Barbier, Adam le Sackere, Hugh de Depeden', Walter de Barkeworthe, Richard de Berdefeld and Henry le Mareschal, and say upon oath that at the time of the partition between the def. and Osbert and Isabel, the pentice served to protect from rainwater the windows and steps of the tenement, and was ordered to remain for the benefit of both parties; and that when Hugh and Isabel enfeoffed the pls. with their portion the pentice was entire, but that the def. cut down, demolished and carried away without warning the part above the cellar and shop belonging to the pls. The parties are given a day to hear judgment on Wed. next following [? 15 Nov.] before the mayor and aldermen in the Chamber, but, after further adjournment, the jury, on Mon. [? 20 Nov.] in full Husting, find for the pls. Judgment that within 40 days the def. restore the pentice at his own cost, and by view of the carpenters sworn to the assize, to the condition it was in when he demolished it under a penalty of 40s. payable to the sheriff.
[m. 30] Fri. 21 Oct. 1317. John de Wengrave, mayor, John de Gisors, Nicholas de Farendon, William de Leyre, Robert de Kelesey, Richard de Gloucestre, Simon de Paris, Anketyn de Gisors and Roger de Paris, aldermen, John Priour, sheriff.
235. The prior of the hospital of St. Mary without Bisshopesgate and Cecily de Bauquelle complain that, when in the course of repairing their houses and buildings (domos et edificia), they affixed their new corbels to the stone wall between their tenement and that of Richard Godchep and Margery his wife, defs., in the par. of St. Mary le Bow, which adjoins it on the west side, the defs. on Wed. last [19 Oct.], on their own authority, overthrew them by night, and caused the work to be prohibited. The defs. say that the pls. have no right in the wall in question, but the pls. argue that the contrary is evident from the position of their old corbels. Judgment, after consultation of the ordinance of the Assize, (fn. 8) that the pls. may lawfully affix to the wall as many corbels as they previously had, provided that they are not thicker than the old ones. Defs. in mercy for an unjust impediment.
Fri. 23 Dec. 1317. John de Wengrave, mayor, John de Gisors, Nicholas de Farendon, William de Leire, Robert de Keleseye, Richard de Gloucestre, Simon de Paris, John de Lincoln, John de la Chambre, Anketyn de Gisors, William Servat, Hamo Godchep.
236. Simon Corp complains that when, by reason of the age of the timbers and the ruinous state of the stone wall, 11 ells long and 3 ft. wide, extending from his house in the par. of St. Pancras, bought of Alice de Arraz and Henry de Boudene, on the north, to another of his tenements on the south, and situated between his tenement and those of Roger de Paris, mercer, def., which his wall overhangs, he sought to effect repairs, the def. caused the work to be prohibited. The def. claims that the wall is common to the parties, and strong enough to support his house, and that the pl. infringed the assize by undermining and weakening (suffodere et attenuere) it, and tearing down and carrying off a leaden gutter (guteram) affixed to part of another wall running from Simon's place on the south to the street on the north and conveying away the def.'s rainwater. The mayor and aldermen, wishing to be more fully advised concerning the view made of the wall in question, give the parties a day on Fri. 20 Jan. 1318. After a further adjournment until Fri. 27 Jan. the assize comes by John de Wengrave, mayor, Nicholas de Farndon, John de Gisors, William de Leyre, Robert de Celeseye, Richard de Glowcestre, Simon de Paris, John Lambyn, Elias de Suffolk, Anketin de Gisors and John de Lincoln, aldermen, and John Priour, sheriff, and the parties likewise. Judgment that the part of the wall in length and breadth upon which is affixed the def.'s wall-plate (platam) upon which his house rests, is his, and that it is sufficiently strong and does not need repair; but that the pl. may repair and strengthen and heighten his part as seems good to him, without damage to the def.; and within the next 40 days etc. he must restore to its former state the gutter removed by him.
240. Plea of intrusion (querele intrusionis) before John de Wengrave, mayor, John Priour and William de Fourneys and before the aldermen on Wed. [? 5 July 1318 (before the feast of the translation of St. Benedict, 11 Ed. II)]. John son of John le Riche complains of intrusion, v. Philip son of Philip de Beauveys concerning his free tenement in the pars, of St. Mary de Aldermarecherche and St. Mildred de Bredstret.
243. Assize of nuisance brought at the instance of Henry le Palmere, who complains that William de Hallyngburi has made a gutter (guteram) upon a stone wall on his land in the par. of St. Michael de Paternostercherch into which he and his household throw water and all kinds of refuse, which flows out on to the pl.'s land, so that his timber and all his other property (necessaria) are rotted; and that by reason of the same gutter he cannot build on his land adjoining the same wall; and that the def. has made windows therein 16 ft. from the ground [sic]. The def. says that the gutter has been in situ for sixty years, and was not therefore made by him, and he puts himself upon the view of the mayor and aldermen.
244. Assize of nuisance brought at the instance of Thomas de Cobham, woodmonger (buscarius), who complains that when he wished to build a house upon his half of the stone wall between his tenement and that of Thomas de Brakkele in the par. of All Hallows at Hay, as upon his perpetual fief (feodum suum perpetuum), the def. prohibited the work.
245. Richer de Refham, kt., pl., appears against the prior of Blakemore, def., who does not come, because he was not in the City at the time of the summons. His tenants are ordered to warn him to appear at the quindene.
245 cont. pl. essoins himself by Gregory de Norton, who appears for him, but the def. does not come and is not represented. A day is given to the pl. to hear judgment on Mon. 23 Oct. in the Husting of Common Pleas. (fn. 9)
248. Aymer de Valence, pl., appears against Simon de Abyndon, def., concerning a tenement in the par. of St. Mary atte Hull. Simon comes in person and the parties are given a day on Sat. 2 Dec. to hear judgment before the mayor in the Chamber of Guildhall.
249. The same Aymer, pl., appears against Richard de Hakeneye, Richard le Miter and Thomas Prentiz, defs., in an assize concerning his free tenement in the same par., asking that each repair the pavement outside his property on the west side. The defs. come in person and are given instructions to carry out the repairs by the view and labour of paviors chosen and sworn by Aymer's serjeant (serviente).
250. Perambulation by the mayor, sheriffs and aldermen of the land of the dean and chapter of St. Paul's in the par. of St. Dunstan [? in the East], on complaint of Thomas de Neusom, clerk of sir Ralph de Monthermer, that because the tenement of the dean and chapter adjoining that of Ralph is not built up along the street, vagabonds crossing the tenement by night break down Ralph's party-walls and enter and do damage there. The dean and chapter do not come and are not represented. Judgment that they be compelled to build a wall on their property, along the street, to a height of 16 ft.
251. Margery relict of William de Coumbemartyn complains that Adam Hunteman has made a chalk-pit for tanning hides on his land in the par. of St. Mary de Berkyngechapel, adjoining too closely her party-wall, so that the water therefrom penetrates it. Judgment that the def. who can say nothing in his defence remove the pit further from the pl.'s wall; and that within 40 days he build a stone wall 2½ ft. thick between the pit and the wall under a penalty of 40s.