London Assize of Nuisance, 1301-1431: A Calendar. Originally published by London Record Society, London, 1973.
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19 Aug 1328 – 15 Oct 1339 (nos 299–348)
Fri. 19 Aug. 1328. The aforesaid mayor, Henry Darcy, sheriff, Nicholas de Farndon, Richard de Betoin, Anketin de Gisors, John de Preston, John de Causton, Gregory de Norton, Richard Costentyn and John Poyntel, aldermen.
299. The commonalty, pls., by Reginald Woleward, their attorney, appear against Nicholas de Clare, kt., def., concerning the ruin of a stone wall on the royal highway in the par. of St. Mary de Wolcherchehawe. The sheriff testifies that the def. was not in town when he issued his precept. He and the def.'s neighbours are ordered to warn him to appear at the quindene.
300. The commonalty, pls., by the same Reginald, appear against Walter le Bret and Juliana his wife, defs., complaining that their house in the same par., which abuts upon the royal highway, is so ruinous that great and small, horsemen and pedestrians, fear to pass by; and that the house is roofless and its timber rotten, to the scandal and disgrace of the City. The sheriff testifies that the defs. were summoned by Geoffrey de Shrovesbery and Robert de Bregges, but they make default. Judgment that within 40 days etc. the house be demolished and removed.
301. John de Grantham complains that 13¼ ells of the stone wall common to him and Alice relict of William de Speresholte in the par. of St. Michael ate Quenehethe overhang his land by 1 ft. and more so that he cannot build his house straight by plumb-line (per lineam et plumbum). Afterwards the pl. (dictus Johannes) rebuilt the wall and repaired it where it was defective, and raised it (exaltavit) for the convenience of both parties.
302. The commonalty, pls., by Reginald Woleward, their attorney, appear against Thomas de Clare, kt., def., complaining that he has a ruinous stone wall in the par. of St. Mary de Wolcherchehawe, of which the corner is opposite the churchyard; and it extends in width from the same corner to Walebroke lane for 8 ells, and in length towards the east for 22 ells. They ask that for the benefit of the people of the City, and more particularly because of the great danger to men and women passing day by day, the wall be either repaired or demolished. And because it appears on inspection of the rolls (fn. 1) that Thomas was summoned to appear on Fri. 19 Aug. but was not then in the City, and although warned by his tenants he now makes default, it is adjudged that the wall be repaired or demolished within 40 days etc.
Fri. 7 Apr. 1329. Mayor, Nicholas de Farndon, Gregory de Norton, Reginald de Conduit, Thomas de Leyre, John de Causton, Henry de Seccheford, John Poyntel, Richard de Hakeneye, Anketin Gisors, aldermen, Henry de Combemartyn and Simon Fraunceys, sheriffs.
304. John de Pountoyse and Alice his wife and John de Castelacre and Isabel his wife are summoned to answer Andrew Aubrey in an assize of nuisance. John de Pountoyse and Alice essoin themselves but afterwards make default. John de Castelacre comes in person and Isabel by John de Horewode, her attorney, but they show no cause why the assize should be delayed. The pl. complains that the stone wall of the defs. adjoining his plot of land in the par. of All Hallows de Bredestrete, measuring in length 6⅞ ells, and in height 12 ft. and more, according to the measurements of Masters Simon de Canterbury and John de Totenham, carpenters, and Master Simon de Pabenham, mason, sworn to the assize, overhangs his land so that he cannot build. The mayor and aldermen, having viewed the premises, and measurements having been taken by the mason and carpenters above-named, it is found that the defs.' wall overhangs the pl.'s land by 5¾ ins. at the north end, and 5 ins. at the south end, as represented diagrammatically on the roll. Judgment that the defs. remove the nuisances within 40 days etc.
305. The same Andrew complains that the same John and Isabel have caused his building operations against their wall in the same par. to be prohibited. John comes, but Isabel makes default, although the sheriff testifies that both were summoned by Thomas le Barber and Albert le Keu of Bredstrete. The assize proceeds in her absence. John says that the pl. may not build against his wall because the tenement which he and Isabel hold is of her inheritance, and formerly belonged to William fitz Isabel, who, as appears by an indenture which he produces, granted it, viz. the stone house in Cheap between the land of Richard Travers and the land formerly belonging to Baldewyn Crispin, with a view extending 16 ft. to the rear and 6 ft. on the side facing the house of Richard Travers, to John de Braughyng, Walter Gernoun and Ralph Bataille, who with all the other tenants and the defs. have enjoyed the same without disturbance until the pl.'s building threatened to obscure the entire view. The pl. says that this answer cannot prejudice his case because the defs. cannot claim a greater estate in the tenement they hold than was enjoyed by Deodonatus the goldsmith, Isabel's father, who was granted it by John de Vaux, goldsmith, with free light on the south towards the tenement of Walter de Beverle and on the north towards Westchepe. John says that he has other muniments supporting his claim and asks for time to produce them. Because the mayor and aldermen wish to be more fully advised, the parties are given a day on Fri. 23 June, but the def. proffers no new evidence; and since it appears to the view of the assize that the defs. cannot lawfully proceed against the pl. by an assize of nuisance (edificationem . . . per aliquam assisam de nocumento possunt de iure perturbare), it is adjudged that he complete his building operations against the defs.' wall without further impediment. Defs. in mercy.
[m. 43d.] Fri. 18 Aug. 1329. Mayor, Nicholas de Farndon, Richard de Betoin, Anketin de Gisors, John de Causton, Henry de Sescheford, Gregory de Norton, John Poyntel and Henry de Coumbemartyn, aldermen, and the same Henry, sheriff.
306. Henry de Newenton, rector of St. Mary Magdalene in Melkstrete, John de Enefeld, kt., Robert de Kelseye, Adam de Burgoyne and other parishioners, pls., appear against John de Charleton, Adam de Burgoyne [sic], John de Assheby, John de Lifton and William de Pontfreit, defs. concerning a free tenement of the church. John de Charleton and Adam come, but John de Assheby, John de Lyfton and William make default. The neighbours testify that they were not in the City when the summons was issued. They are ordered to warn them to appear at the quindene, and the same day is given to the other parties.
307. Hugh de Waltham and Juliana his wife complain that Thomas de la Marche has prohibited them from building an earthen wall between his garden and theirs in the par. of St. Andrew de Cornhulle. Both parties agree to abide by the decision of the mayor and aldermen, who adjudge that Thomas provide 4½ ft. of land, and that Hugh and Juliana undertake the cost of building. The wall runs from the corner of the pls.' house next a well there, on the south, to the garden of the prioress and convent of St. Helen's on the north and is 31½ ells in length.
Fri. 7 Sep. 1330. Simon de Swanlond, mayor, Nicholas de Farndon, Hamo de Chigwell, John de Grantham, Reginald de Conduit, John de Preston, Henry de Coumbemartyn, Anketin de Gisors, John Priour, Thomas de Leyre, Henry de Seccheford and Richard de Hakeneye, aldermen.
308. William, rector of St. Stephen de Walebroke, Peter de Newcastle (Novo Castro), Adam de Braye, Elias de Thorp, Roger de Ely, and other parishioners complain that when they proposed to rebuild their belltower (clocherium), and rested part of it on the church wall at the west end, Isabel relict of John le Leuter had the work prohibited. Isabel comes and says that the wall in question belongs wholly to her and not to the church. It is found by the mayor and aldermen after diligent scrutiny above and below and on both sides of the wall that of old, when it was first built, an arch of free stone 1 ft. deep was built on the side of the church, and another of the same depth on Isabel's side, with a foot of wall between. It is therefore adjudged that the wall is, according to the custom of the City, divisible between the parties. Isabel and pledges to prosecute in mercy for causing the work to be impeded. The rector and parishioners sine die, with authority to complete their building.
[m. 44] Fri. 21 Dec. 1330. John de Pulteneye, mayor, Nicholas de Farndon, John de Grantham, Richard de Betoyne, Gregory de Norton, Reginald de Conduit, Thomas de Leyre, Richard Costantyn and Henry Darcy, aldermen, Robert de Ely and Thomas de Harewold, sheriffs.
309. John Melf, 'nakerer', and Joan his wife complain that, whereas they possess an easement belonging to their free tenement on the land of William Abel, 'bocher', and Joan his wife in the par. of St. Nicholas Shambles, whereby they have access by an enclosed place 7½ ft. long and 4 ft. wide to a privy (garderoba), with a pipe leading to the defs.' cess-pit, and they have a door (ostium) in their solar opening on to the said place, the defs. have completely removed the privy and pipe and fence (claustura) and replaced them by joists and other constructions. The defs. come in person and say that the pls.' claim is contrary to common right (contra communem ius), unless they can show a special grant. The pls. say that they and all previous tenants of the tenement they now hold have been seised of the easement time out of mind. The case is referred to a jury, which comes by William Pykerel and others on the panel. They say upon oath that the pls. were seised of the easement in question until the last quarter, and that they and their predecessors had been so seised for 50 years and more; but that the width of the enclosed space is only 3½ ft. and not 4 ft. as alleged. Judgment that within 40 days etc. the defs. repair the fencing (claustura), with the privy and pipe, and that the pls. continue to enjoy their easement as before but be in mercy for giving the width of the enclosure as 4 ft. instead of 3½ ft. Note that the inquisition was held in the church of St. Nicholas. [m. 44d. Blank.]
310. Assize brought at the instance of Richard atte Pole concerning a fence (claustura) formerly existing between the land which he recently bought of the prioress and convent of St. Helen's in the par. of St. Michael de Cornhull and the garden of Roger de Leukenore. The pl. asks permission of the mayor and aldermen to build there the foundation to support his new house. Roger is summoned, but makes default. After viewing the site and taking counsel with the carpenters and masons sworn to the assize the mayor and aldermen tell Richard that he may lay his foundation whenever he pleases, in accordance with the ancient metes and bounds.
311. Afterwards, at another assize held on Fri. 31 Aug. at the tenement of the same Richard, Roger de Leukenore again makes default. It is found by view of the mayor and aldermen and the carpenters and masons sworn to the assize that the stone wall carrying Richard's new house and extending from the churchyard of St. Michael on the north to the corner of his parlour (parlorii) on the south, stands wholly on his land, and belongs to him and no one else, as appears by the former judgment of the mayor and aldermen. The wall adjoins the garden of Roger de Leukenore on the east side, and is 35⅜ ells long including the post at the north end; and Richard and his heirs and assigns are to hold the same, as above said. [m. 45d. Blank.]
312. Isabel relict of Hamo Goldchep, pl., appears against Geoffrey son of Geoffrey Beauflur, def., who has a day to appear by essoin, but makes default. The pl. says that on 1 Apr. 1299, Isabel relict of John Brother, senior, late citizen, granted to Richard Wolmar, citizen, whose heir she is, the view, opening, light, air and clarity (visum, aperturam, lumen, aerem et claritatem) of a window in the west gable of her house, adjoining his land in the par. of St. Botolph Billyngesgate; the same to be barred with wood or iron and to be 2½ ells 1 in. above the ground, 1½ ells 6 ins. in length from south to north, and ¾ ell 5 ins. in width, not counting the inches (absque pollicibus mensuratis), as appears by a deed which she produces in court, witnessed by Henry le Waleys, mayor, Thomas Saby [rectius Sely] and Richer de Refham, sheriffs, Elias Russel, alderman of [Billingsgate] ward, Stephen Pykeman, Robert le Treyere, Gilbert Cros, William Pykeman, Peter de Combe, Richard Sharp, John de Fulmere, Robert Pikeman, John de la Barre, beadle (serviente) of the ward, and others. She complains that John Ruddok, who recently rented the house from Robert de Barsham, guardian of the def., who is a minor, has piled up his firewood against her window so high above the upper stone frame (superiorem superficiem lapidum) that it is completely obscured, and the light, view, air and clarity impeded. The mayor and aldermen agree that John Ruddok be ordered, on behalf of the king, to remove the firewood, before Fri. 2 Aug., from the window, so that it is below the lower stone frame, and then 3¾ ells to the west, where he may stack it to a height of 1¼ ells and no more; the same to be done so that they may satisfy themselves concerning the light etc. before giving judgment. On the appointed day the assize comes by Nicholas Farndon, mayor, Richard de Beton, Gregory de Norton, Robert de Ely, John de Preston, John Priour, John de Causton and Henry de Seccheford, aldermen, and Thomas Harewold, sheriff, and the pl. appears by Hugh de Waltham, her attorney; but judgment is deferred until 9 Aug. to allow the mayor and aldermen to take further advice. On that day Gregory de Norton and John de Causton come to the site and again adjourn the proceedings until 16 Aug., when they are once more adjourned until 23 Aug. by the same Gregory and Henry de Seccheford. [Margin (in a later hand): Nota, quia contra consuetudinem ut michi videtur.] On that day Gregory de Norton and Henry de Seccheford come and see that the firewood has been removed from the window, and on Fri. 30 Aug. they testify to that effect before the mayor and aldermen at Guildhall in the presence of the pl. Judgment that in future nothing be done contrary to the tenor of the deed produced by the pl., under a penalty of 40s. payable to the sheriffs. Gregory in mercy for the impediment caused by his tenant, John Ruddok; but because he is a minor the amercement is pardoned by the mayor. [m. 46d. Blank.]
[m. 47] Fri. 15 May 1332. John de Pulteney, mayor, John de Mockyng, sheriff, Nicholas de Farndon, Gregory de Norton, Simon de Swanlond, Benedict de Fulsham, John de Causton, Henry de Seccheford and William de Causton, aldermen.
313. Henry de Cobeham, kt., complains by John de Horewode, his attorney, that whereas he has a plot of land in the par. of St. Dunstan by the Tower, enclosed by stone walls upon which his house is built, and because of the ruinous state of the house he proposed to rebuild it, removing the old timber and replacing it by new, Joan relict of John de Braye and Edmund her son who hold the adjoining tenement, caused the work to be prohibited by John de Mockyng, sheriff, to his damage, 20 marks. The defs. come, and Edmund, who is under age, says that he claims nothing at present in the tenement, which, according to Joan, was devised to her for life by her late husband, with reversion to Edmund, together with the plot of land claimed by the pl. She declares that she has documents proving her right, and asks for time to produce them, in accordance with a certain article of the statutes and ordinances made of old for the holding of assizes of nuisance. The parties are given a day on the following Tues. [19 May] in the Husting of Common Pleas, and an article is inspected of which the tenor is as follows: 'Si autem dixerit . . . procedat assisa'; (fn. 2) but because the mayor and aldermen wish to conclude the assize, according to custom, on the site of the dispute, the parties are given a day there on Fri. 29 May. The def., Joan, essoins herself by John Scullard, and the proceedings are adjourned until the quindene [12 June]; but because the day fell in Whitsun week when no pleas are held, Gregory de Norton and John de Causton, aldermen, went to the site, and in the presence of the attorneys of the parties, adjourned the proceedings until Fri. 19 June. On that day, because the mayor was engaged in business concerning the king, the same Gregory and Benedict de Fulsham, aldermen, again adjourned the assize until 26 June, when the mayor, as one of the justices, was occupied in delivering the Neugate gaol and so could not be present. Finally, on Fri. 3 July the assize came by John de Pulteneye, mayor, John de Mockyng, sheriff, Nicholas de Farndon, John de Grantham, Benedict de Fulsham, Gregory de Norton, Reginald de Conduit, John de Causton, Henry de Seccheford and Henry de Gisors, aldermen, and likewise the parties, and Joan said for herself and her son that the tenement which she now holds formerly came by escheat into the hand of Henry III, who gave it to William le Taillour his serjeant, who gave it to Richard le Tailleur, who gave it to Richard le Taillour and Margery his wife; and that the pl.'s plot of land has been parcel of the tenement ever since Henry III gave it to William le Taillour. The pl. says that the land in question is his by inheritance, and has belonged to him and his predecessors for 60 years and more, and he asks judgment because the def. has not produced the written evidence for which an adjournment was granted. The relevant article is again recited, together with another prohibiting interference with any occupation which has lasted for more than a year and a day (Et sciendum est . . . unum annum et diem). (fn. 3) [m. 47d.] Judgment that the prohibition made by the sheriff at the instance of the def. be annulled, and that the pl. continue his building operations on the plot of land in dispute at his good pleasure and without further impediment. The def., and Edmund her son, who is present in court, in mercy.
314. Alice wife of John de Brycheford essoins herself against William de Causton and Denise his wife by Robert de Stratford. The parties are adjourned until the quindene. On that day, viz. 3 Sep., they are again adjourned by Henry de Coumbemartyn and John Priour, senior, aldermen, because the mayor and aldermen are occupied at Guildhall with business concerning the collection of the money for the king's gift (exhennio), until the octave [10 Sep.]. [Entry incomplete. Cf. 318.]
315. John de Godeston and Lucy his wife essoin themselves against Isabel relict of John Paas by John de Salisbury. Afterwards on Fri. 3 Sep. because the mayor and aldermen were not free to hold an assize the parties were adjourned until the octave.
317. Richard de Keselyngbury complains that on Thurs. 5 Aug. Richard de Bromyerd caused the sheriff's serjeant to prohibit him from repairing his houses in Cordewanerstret in the par. of St. Mary le Bow. The def. says he did so on account of the light pertaining to a shop there which belongs to his wife Cecily, who comes and joins him in declaring that the shop which they have held for many years past, adjoining that of the pl. on the south side, formerly belonged to Robert Broke, citizen and hosier (calligarius), who gave it, with the light pertaining to the east end, to Alexander le Settere, by a deed dated Tues. 30 Nov. 1311. Alexander granted it to Matthew de Essex and Matthew to William de Stanes by deeds which they produce in court. On William's death Richard and Cecily entered in her right and were peacefully seised of the light in question until it was obscured by the pl.'s building operations. The pl. says on the contrary that on 1 Oct. 1304, Thomas Broke granted to William de Upton, draper, a shop and solar in Cordewanerstrete which Henry de Kent used to hold, and which are situated between the tenement formerly belonging to Robert de Kydemenstre on the south and that of Philip Broke on the north. William de Upton died seised of both shop and solar, and was succeeded by his son Matthew, who granted them to the def.; but he denies that any light was reserved when Thomas Broke enfeoffed the above-named William or later, and he asks that the case be referred to a jury. The pl. does likewise. Richard appoints Simon de Kelshull his attorney. The jury comes on Fri. 10 Sep., but because the mayor and aldermen are unable to be present, it is adjourned to the octave. Further adjournments follow on the same pretext until 10 Oct.
318. John de Brycheford and Alice his wife are summoned to answer William de Causton and Denise his wife who complain that, whereas a dispute occurred between Walter le Waleys, citizen, and Thomas de Brauncestre, citizen, in 1276–7, when Gregory de Rokesle was mayor, and Robert de Arraz and Ralph le Feure, sheriffs, concerning their adjoining tenements, and was settled by the mayor and other good men summoned for the purpose, the parties agreeing that Thomas and his heirs and assigns should have and hold in perpetuity a new building (edificamentum), with the use of a courtyard (curie) and well, and with the right of free entry and exit towards Westchepe and the church of St. Matthew de Fridaistrete, as appears in an indenture made between them; and the pls. hold the tenement which then belonged to Walter, and John de Brycheford and Alice his wife that of Thomas, the same John and Alice have obstructed the courtyard by building there and have placed a cistern in an inconvenient position, reducing the space available to the pls. The defs. come and say that the courtyard is not common to the parties, because in the time of Henry III the tenement which the defs. now hold belonged to Henry fitz Stephen, with half the adjoining courtyard or plot of land, and he granted the same to Hugh de Rokyngham, goldsmith, who granted it to Thomas de Brauncestre, who, in his will, provided for it to be sold by his executors [names omitted], who sold it to John de Dallyngg, mercer, from whom the defs. bought it. On Fri. 22 Oct. the assize comes by J. de Preston, mayor, Nicholas de Farndon, J. de Granthan, Gregory de Norton, Reginald de Conduit, Benedict de Fulsham, H. de Cumbemartyn, J. de Causton, J. Priour and Henry de Sechford, aldermen, and John Hamond and William Hanisard, sheriffs, and the parties likewise; but because of various difficulties the proceedings were adjourned to the next Husting of Common Pleas to be terminated there. On Mon. 6 June 1334, the parties come and ask for the record and judgment. The customary discussion (colloquium) having been held between the mayor and aldermen the record is read, and the allegations of the parties considered together with the indenture between Walter le Waleys and Thomas de Brauncestre previously produced by the pls., and it appears to the court that the courtyard and well are common to the parties, and that no partition was made at the time of, or subsequent to, the drawing up of the indenture. Afterwards the mayor and aldermen go to the site and find that the defs., as alleged, had moved the cistern from the place where it used to stand and built a fence (claustura) in a new position without the consent of the pls. Judgment by view of the carpenters and masons sworn to the assize, that within 40 days etc. they replace the cistern in its former position, and rebuild the fence as it was before.
319. Henry le Cheyner, mercer, pl., appears against William son of William de Leyre, def., concerning a tenement in Mylkstrete in the par. of St. Lawrence Jewry. The sheriff testifies, by the neighbours, that the def. was not in town when the summons was issued. They are ordered to warn him, wherever he may be near the City, to appear at the quindene on the site where the assize was sought. The same day is given to the pl.
319 cont. The pl. complains that the def. has prohibited him from repairing the wall 60 ft. long and 3 ft. wide, joining their tenements in the same par. William appears by his attorney and says that he has written evidence to support his claim to the wall, and asks for time to produce it. He is given a day on Fri. in Easter week; but because pleas cannot be held at that time, the proceedings are adjourned by Gregory de Norton and William de Causton, aldermen, until 14 Apr. [sic], when the assize comes by the mayor, Nicholas de Farndone, Gregory de Norton, Reginald de Conduit, John de Causton, Henry de Sechford, William de Causton, Andrew Aubrey, John de Hyngeston, aldermen, and John Hamond, sheriff, and the parties come likewise. The def., asked whether he can show cause why the wall should not be assigned to the pl., says only that the wall-plate (plata) of his house hangs above it (supra pendet), and used to rest upon it and be carried by it until the wall was demolished. It appears to the mayor and aldermen after carefully viewing the site that the def. can claim nothing whatever in the wall. Judgment that the pl. do what he will with it, notwithstanding the previous prohibition. Def. in mercy.
321. Michael Mynot essoins himself against Hugh de Waltham, clerk, by Robert Prat. Since the quindene fell on the feast of the nativity of St. John the Baptist [24 June], the proceedings were adjourned until the octave [1 July]. Further adjournments followed until 22 July, because of the absence of the mayor.
[m. 49] Fri. 30 Apr. 1333. John de Preston, mayor, John Husebonde and Nicholas Pyk, sheriffs, Nicholas de Farndon, Richard de Betoyne, John de Grantham, John de Pulteneye, Gregory de Norton, Reginald de Conduit, Richard de Hakeneye, John de Oxford, John de Causton, Henry Darcy and other aldermen.
Fri. 14 May 1333. John de Preston, mayor, John de Pulteneye, John de Grantham, Nicholas de Farndon, Richard de Betoyne, Henry Darcy, Gregory de Norton, John Priour, Robert le Bret, Robert de Ely, Benedict de Fulsham, Anketin de Gisors and William de Causton, aldermen.
323 cont. Joan complains that when she hired masons to build a door in the stone wall of the cellar beneath her house in the par. of St. Antonin, Andrew Aubrey and Joan his wife caused the work to be prohibited. The defs. say that the wall is theirs from the foundation upwards, and supports their wall-plate (platam) and roof (cumulum), and that their plates, joists and timber rest upon it as well below in the cellar, as above in their chamber (camera). They argue that it is not permissible for anyone to make a hole in such a wall, or demolish it or diminish it in any way without the consent of the owner, even if they have corbels and beams in it to uphold their solar, or arches or cupboards (almaria); and they refer to an article of the Assize. (fn. 4) The proceedings are adjourned to the Husting of Common Pleas on Tues. 15 June. Further adjournments follow on such pretexts as the absence of the mayor, his occupation in delivering Newgate gaol, and the absence of certain of the aldermen who had been present at the previous view, until 13 Aug. [See 316.]
324. William de Thorneye complains that when he hired workmen to build the cess-pit of a privy in his house in the par. of St. Mary de Aldermaricherche, Andrew Aubrey and Joan his wife had the work prohibited. The defs. say that the cess-pit is not built in accordance with the custom of the City, since the fence (claustura) is not 2½ ft. from their wall. After repeated adjournments, the mayor and aldermen come on Fri. 25 June, and having viewed the cess-pit, find that it is not to the nuisance of the pl., but sufficient and tolerable according to the custom of the City. Judgment that the pl. continue his building in stone without further impediment.
[m. 49d.] Fri. 25 June 1333. Mayor, Nicholas de Farndon, John de Grantham, Richard de Betoigne, John de Pulteneye, Gregory de Norton, Benedict de Fulsham, Anketin de Gysors, William de Causton, John de Causton, Henry de Gysors and Robert le Bret, aldermen, John Husebonde and Nicholas Pyk, sheriffs.
325. Andrew de Aubrey and Joan his wife complain that whereas they possess an easement in the use of a cess-pit common to their tenement and those of Thomas Heyron and Joan relict of John de Armenters, and the same was enclosed by a party-wall (pariete) and roofed with joists and boards (bordis), so that the seats (cedilia) of the privies of the pls. and the others could not be seen, Joan de Armenters and William de Thorneye have removed the party-wall (clausturam) and roof so that the extremities of those sitting upon the seats can be seen, a thing which is abominable and altogether intolerable. Judgment, after the site has been viewed, that the defs. roof and enclose the cess-pit as it was before, under the penalty prescribed by the law and custom of the City in such cases.
326. As regards the aperture which the same Andrew and Joan his wife made in their room over the cellar of John de Armenters, now held by William de Thorneye, through which his private business (secreta) can be seen by those in the room above, and concerning which Joan de Armenters and the above-named William have made complaint, it is adjudged by the mayor and aldermen that it be blocked up.
327. William Rabot complains that Adam Lucas has caused the rebuilding of his house and stone walls in the par. of St. Magnus to be prohibited by the sheriff. Adam comes and says that the pl., in rebuilding his walls has made a purpresture upon the lane (venella) leading from Thamestrete to the river, and serving him and others living there. The pl. says that his tenement adjoining the lane in question, formerly belonged to Henry Sudbery and Alice his wife, relict of Stephen de Oistergate, and by an indenture enrolled in the Husting (fn. 5) on Mon. 22 Jan. 1274, they granted it, with free entry and exit by the lane, which measures 1½ ells 2 ins. in width throughout its length, to Adam de Bekenesfeld called de Fulham and Alice his wife, whose estate he, William, now holds. Afterwards, Clarkin de Wolcherchehagh and Agnes his wife, daughter of Henry de Sudbery and Alice de Oystergate, granted to Adam and Alice, his predecessors, by a deed enrolled in the Husting (fn. 6) on Mon. 13 Mar. 1290, a quit rent of ½ mark, with the right of free entry and exit by the lane for loading and unloading at their wharf (kayum) on the Thames, and because the wall carrying his house was ruinous he began to demolish and rebuild it, but without narrowing the lane as the def. alleges. The assize comes on Fri. 16 July by John de Preston, mayor, Nicholas de Farndon, John de Grantham, Gregory de Norton, Reginald de Conduit, Richard de Hakeneye, John de Causton, Benedict de Fulsham, aldermen, and the parties likewise appear. After viewing the site, it is adjudged that the pl. rebuild his wall upon the old foundations, and if they cannot be traced, he is to dig a new foundation, taking possession (saisiando) of his own land as far as 'le Campete kaij', as reason and custom require. (fn. 7)
328. Joan relict of John de Armenters essoins herself against Andrew Aubrey and Joan his wife by Alan de Hormede. William de Thorneye appears. The parties are adjourned to the quindene. A further adjournment follows and on Fri. 13 Aug. the parties are adjourned by Henry de Sescheford and Robert de Ely, aldermen, because the mayor and aldermen are preoccupied with the king's business. [See 316.]
329. The prior and convent of Holy Trinity essoin themselves against John de Gysors by Ralph Wayte. After an adjournment by Anketin de Gysors, alderman, and Hugh de Waltham, the pl. comes but the defs. do not come and are called in the presence of Robert de Benstede, William de Wedon and William atte Herst, neighbours.
331. Adam de Kyngeston, 'fisshmongere', is summoned to answer John Abel in an assize of nuisance. Walter de Mordon, sheriff, testifies that he was summoned by William Oliver and Thomas atte Wyche, but he makes default. The proceedings are adjourned until the quindene because the mayor and aldermen are engaged in urgent business concerning the king and the City and cannot attend. On Fri. 26 Apr. the pl. appears and Adam also, but he says nothing to delay the assize. The pl. complains that whereas he has a house 28 ft. long in the par. of St. Michael de Crokedelane adjoining that of the def., he receives on his wall the water draining from the latter's house, 14 ft. of which overhang his wall on the east side so that he cannot do the necessary repairs to the chimney (chiminum) standing upon it or to his gutter (guterum) or house. After viewing the premises the mayor and aldermen adjudge that the nuisances complained of be removed within 40 days etc.
333. William de Lyouns, 'heremite', of the Crepulgate hermitage, complains that when he wished to repair the wall of the hermitage Thomas Sporon, 'goldsmyth', whose tenement it adjoins, caused the work to be prohibited. The def. says that he holds the land upon which the pl. proposes to build by the courtesy of England, with reversion to John son of John de Ludgershale, without whom he cannot answer. On Fri. 12 July the assize comes by Reginald de Conduit, mayor, Gregory atte Shire, John de Causton, Richard de Hakeneye, John Hamond, Henry Darcy, Richard Lacer and Ralph de Upton, aldermen. The pl. appears, and likewise Thomas and John, but they show no cause why the assize should be delayed. After the premises have been viewed by the mayor and aldermen, it is adjudged that the pl. repair his wall without further impediment. Def. in mercy.
334. William de Iford, common serjeant, complains on behalf of the commonalty, that the stone wall on the north side of the house of Henry de Sutton and Isabel his wife, facing the street in the par. of St. Mary de Aldermarichirch, is ruinous and on the point of collapsing, to the terror of the neighbours and passers-by. Judgment by the mayor and aldermen that within 40 days etc. it be demolished, and, if the defs. so desire, rebuilt.
[m. 50d.] Fri. 7 Feb. 1337. John de Pulteneye, mayor, Reginald de Conduit, Gregory de Norton, Henry Darcy, John Hamond, Andrew Aubrey, Richard Costantyn, John de Causton, Richard Lacer, Richard de Hakeneye, Simon Fraunceys, John de Oxford, Richard de Rothyng, Henry de Coumbemartyn, Ralph de Upton, Richard de Berkyngg and Nicholas Crane, aldermen.
335. William de Iford, common serjeant, complains on behalf of the commonalty, that Michael Myngihot has erected a paling (palicium) and three staples (stapulas) in the street opposite his tenement in the par. of St. Mary de Aldermannebury, to the nuisance of citizens and passers-by. The sheriff testifies that the def. has been summoned by William atte Stake and Henry de Gloucestre. He comes in person but says nothing to delay the assize. It is adjudged that within 40 days etc. the paling and staples be removed.
336. John de Horwode and Maud his wife complain that for lack of a leaden gutter (gutere plumbee) 26½ St. Paul's ft. long, which Peter Cosyn, Roger le Cartere and Juliana his wife ought to provide, the water from their tenement in the par. of Holy Trinity the Less falls upon their land and rots their timber. Peter and Juliana make default. John comes but shows no cause why the assize should not proceed. Judgment after view that within 40 days etc. the defs. convey away their water as seems best to them without nuisance or impediment to the pls.
337. John de Cologne (Colonia) complains that when he sought to demolish and rebuild an earthen wall in his messuage in the par. of St. Peter upon Cornhull, John de Yakesle, whose tenement adjoins it, caused the work to be prohibited, claiming the wall as his own. The def. comes in person and says that the wall is the boundary between the pl.'s messuage and his, and the land upon which it is built belongs to them both, and he had the work prohibited because the pl. did not ask his consent to the demolition. Because of certain ambiguities the mayor and aldermen adjourn the proceedings to the quindene; but afterwards the parties agree together.
339. Thomas de Shene complains that for lack of a gutter (guttere) 20 ft. long which Thomas de Polstede and Katherine his wife and John de Waltham and William de Carleton ought to provide, the water from their tenements adjoining his in the par. of St. Peter the Less falls upon his land. The defs. make default, but the sheriff testifies that they were summoned by Walter Gladewyne and Jordan le Shereman. Judgment after view that within 40 days etc. they convey their water on to their own land.
340. Austin le Waleys and Maud his wife complain that Joan relict of Robert de Algate, 'pottere', and John de Northbrugh have three windows and an aperture (foramen) in one house, and six windows and three apertures in another overlooking their land, and not more than 7 ft. from the ground and unglazed.* The defs. essoin themselves but make default. Judgment after view that they remove the nuisance within 40 days etc. [*Added below:] The same Austin and Maud also say that for lack of a gutter (gottere) 41 ft. long which the same Joan and John ought to provide, the water from the defs.' houses falls on their land.
341. The same Austin and Maud complain that John de Hadham 'pottere', has two windows in one of his houses overlooking their land only 9 ft. from the ground, four windows in his hall only 4½ ft. from the ground and two apertures 9 ft. from the ground; and in another house two windows and three apertures all unglazed, contrary to the custom of the City.* The def. after essoin makes default. Judgment after view that he remove the nuisances within 40 days etc.
343. The master of St. Thomas the Martyr of Acon complains that for lack of a fillet-gutter (filetti) 16 ft. long, the water from the tenement of Richard de Betoygne adjoining his in the par. of St. Mary de Colcherch falls upon his land. The def. makes default, although the sheriff testifies that he was summoned by John de Cnopwede and Geoffrey le Cotiller. Judgment after view that within 40 days etc. he convey the water from his tenement on to his own land by any convenient means, without impediment to the pl.
344. Robert Seymor, 'armurer', and Benedicta his wife complain that for lack of a gutter (stillicidium) 30 ft. long the water from the adjoining tenement of Richard de Betoigne in the same par. falls upon their land. Richard makes default, though summoned by John de Cnopwede and Geoffrey le Cotiller. Judgment after view that within 40 days etc. he convey the water from his tenement on to his own land.
Fri. 30 July 1339. Henry Darcy, mayor, Roger de Depham, John de Grantham, John de Oxford, John de Causton, Richard le Lacer, Roger de Horsham [sic], William de Causton, Richard de Rothyng, Walter Neel and Richard de Berkyng, aldermen.
346. William de Carleton complains that when he hired carpenters and masons to build on a plot of land in the par. of St. Peter de Wodestret, the prior of the new hospital without Bisshopesgate came on Thurs. 1 July and caused the work to be prohibited by the sheriff's serjeant. The prior comes and says that half the stone wall on the north side of his tenement belongs to him and the hospital and in it is a post supporting his timber. Because of certain ambiguities the proceedings are adjourned until the following Wed. [4 Aug.], and again until Sat. 7 Aug. because the mayor and aldermen are not yet fully advised. On that day the proceedings are adjourned until the next Husting.
347. Precept of the mayor and aldermen to the sheriffs dated 31 Aug. 1339, reciting the judgment in the assize brought by the master of St. Thomas of Acon against Richard de Betoygne on Fri. 30 Apr.  and the failure of the def. to execute it, and ordering them to put it into effect at his expense, and to exact from him 40s. to their own use for his contempt.
348. John de Oxford and Alice his wife complain that when they hired carpenters and other workmen to build a house upon their land in the par. of St. Lawrence in Old Jewry, William de Stratton and Margaret his wife, and William son of William de Hoghtone had the work stopped by the sheriff's serjeants. The defs. make default, although summoned by Nicholas de Reygate and John le Bokeler. The mayor and aldermen, having viewed the premises, find that the pls. have done nothing contrary to the law and custom of the City. Judgment that they complete their work without further impediment. Defs. in mercy.