BHO

Misc. Roll DD: 5 Nov 1339 - 15 Dec 1346 (nos 349-399)

Pages 85-98

London Assize of Nuisance 1301-1431 A Calendar. Originally published by London Record Society, London, 1973.

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Citation:

5 Nov 1339 – 15 Dec 1346 (nos 349–399)

[m. 52d.] Fri. 5 Nov. 1339. Andrew Aubrey, mayor, John de Grantham, Roger de Depham, John Hamond, John de Oxford, Richard Lacer, Richard de Berkyng, William de Causton and Roger de Forsham, aldermen.

349. Austin le Waleys of Woxebregg complains that Stephen son of Stephen de Creye, late citizen, has seven windows and a door (hostium) on the west side of his tenement overlooking the land of the pl. in the par. of St. Martin Orgar, less than 16 ft. from the ground; and that for lack of a gutter (stillicidium) 38 ft. long the water draining from his house falls upon the pl.'s land. The def. after essoin makes default. Judgment after view that he remove the impediments and repair the gutter within 40 days etc.

350. The same Austin complains that Christine relict of Thomas de Ware, 'stokfisshemongere', has nine windows and an aperture (foramen) on the east side of her tenement less than 16 ft. from the ground, overlooking his land in the same par.; and for lack of a gutter (stillicidii) 52½ ft long the water draining from her house falls upon his land. The def. after essoin makes default. Judgment after view that within 40 days etc. she block up the windows and aperture, and make a gutter 52½ ft. long.

351. The same Austin complains that William de Wetheresfeld ought to provide a gutter (stillicidii) to receive the water draining from his house, according to a deed, which he produces, made between Robert de Merton, dyer, whose estate the def. now holds, and John de Foleham, fishmonger, and Nichola his wife, predecessors of the pl., in which it appears that Robert held a vacant plot of land adjoining the house of John and Nichola on the west, and measuring in width from Robert's land on the south to a stone wall formerly belonging to Thomas Adrian on the north 2¾ ells at the upper end (in superiori parte), and at the lower 3¾ ells (in inferiori parte); and the same Robert granted to John and Nichola the free view and light from their house towards the said vacant plot, John undertaking for himself and his heirs always to leave 3 London ft. of ground between them, and to do nothing to obscure the view and light aforesaid. Further, he undertook to provide at his own cost a gutter (stillicidium) to receive the water draining towards the south from the house of John and Nichola and convey it on to his land without claiming any right in the stone wall there except room to place therein five corbels ¼ ell 5 ins. long and 6 ins. square. Witnesses:— sir Hugh fitz Otto, then constable of the Tower and warden of the City, Robert de Cornhill and Thomas de Basyng, bailiffs, John Horn, alderman, Edmund Horn, Nicholas Horn, Adam Sutel, Richard Oign', Robert Long, Robert Sutel, Nicholas de Wynton', Robert Lambyn and others [1269–70]. The def. makes default. The mayor and aldermen, having scrutinised the deed and viewed the site, adjudge that within 40 days etc. the def. repair the gutter.

[m. 53] Fri. 5 Nov. 1339. Andrew Aubrey, mayor, and other aldermen.

352. Margaret relict of John de Bourne, kt., complains that she is unable to build upon a plot of vacant land in Retheresgatelane in the par. of St. Botolph by Billyngesgate because Adam Pykeman, 'fisshemongere', has built opposite her a house 6⅝ ells long, of which the timbers extend beyond the middle of the lane 14 ins. on the side of the street and 15 ins. on the side of the Thames. The def. comes, but says nothing to delay the assize. Judgment, after the premises have been viewed, that he remove the nuisance within 40 days etc.

353. Precept of Andrew Aubrey, mayor, to the sheriffs, 20 Jan. 1340, reciting the failure of Stephen son of Stephen de Creye to execute the judgment given against him on 5 Nov. 1339 in the assize brought by Austin le Waleys [349], and ordering them to put it into effect at his expense and fine him 40s. for contempt.

354. Similar precepts sent next day [21 Jan.], ordering the sheriffs to execute the judgments against Christine relict of Thomas de Ware in the assize brought by Austin le Waleys of Wexbregge [350]; and against William de Wetheresfeld in the assize brought by the same Austin [351].

[m. 53d.] Fri. 4 Aug. 1340. Andrew Aubrey, mayor, Roger de Depham, John de Causton, Ralph de Upton, William de Causton and Roger de Forsham, aldermen.

355. Robert de Sutton, 'lorimer', and Ralph de Blythe, saddler, essoin themselves against Thomas de Morle and Idonia his wife by John Trippelowe.

356. Adam Colman and Thomas Colman essoin themselves against the abbot of St. Albans by the same.

Fri. 17 Nov. 1340. Andrew Aubrey, mayor, Roger de Depham, John de Oxford, Simon Fraunceys, John Hamond, John de Causton, John de Northhall, William Pounfreyt, Richard de Rothyng, John de Refham and Richard de Berkyng, aldermen.

357. William de Fulham, 'pessoner', and Alice his wife complain that William de Braybrok has a pit (puteum) too close to their stone wall, into which the rainwater flows from the def.'s house, and slops and other filth are thrown by his household (familiares), so that their wall is penetrated and the houses and solars built thereon are in danger of ruin. The def., summoned by John de Bixle and John de Refham, makes default. Judgment after view that within 40 days etc. he remove the pit and repair the wall damaged by him.

358. John Gysors complains that Henry le Vannere, 'vineter', has built his house extending beyond the middle of the lane (venelle) between their tenements in the par. of St. Martin in Vintry, leading to the Thames, and that he has a gutter (guteram) from which, in rainy weather, the water flows back (redundat) on to the pl.'s tenement. The def. comes in person but says nothing to delay the assize. The mayor and aldermen view the premises and find by oath of the carpenters and masons sworn to the assize that the def.'s house is an inch or more short of the middle of the kennel (canelli) in the lane; but that the water from his gutter falls upon the pl.'s tenement as alleged. Judgment that the pl. be in mercy for a false plaint on the first count; but that within 40 days etc. the def. remove or repair the gutter so that it does no further damage to the pl.'s tenement.

[m. 54] Fri. 1 Dec. 1340. Andrew Aubrey, mayor, Henry Darcy, Roger de Depham, John Hamond, John de Causton, Simon Fraunceys, John de Refham and Richard de Berkyng, aldermen.

359. John de Hardyngham, clerk, complains that John de London, tanner, and Joan his wife have three windows newly made in the wall of their solar, opposite his chamber and kitchen, and below the height of 16 ft. from the ground, through which they and their household (familiares) can see his private business (secreta). The defs. make default. Judgment after view that within 40 days etc. they block up the windows in question.

Fri. 15 June 1341. Andrew Aubrey, mayor, John de Grahtham, Henry Darcy, Roger de Depham, Simon Fraunceys, John de Mockyng and Richard Costantyn, aldermen.

360. The abbot of Sautre complains by Thomas de Ware, his attorney, that when he sought to rebuild a ruinous wall adjoining the tenement of Walter de Cheryngton in the par. of St. Nicholas Olof, Walter had the work prohibited by the sheriff's serjeants (servientes). The def. comes in person but says nothing in contradiction of the pl.'s allegations. Judgment that the abbot repair his wall at will. Def. in mercy.

Fri. 13 July 1341. Andrew Aubrey, mayor, Henry Darcy, Roger de Depham, John Hamond, William de Causton, Richard Costantyn and Richard de Berkyng, aldermen.

361. The commonalty complain by William de Iford, common serjeant, that the stone wall of William de Cave's house fronting the street on the west side in the par. of St. Antonin is ruinous and on the point of collapse. The def., summoned by William de Henhampsted and Thomas de Ware, makes default. Judgment after view that within 40 days etc. he demolish the wall or rebuild it.

362. Isabel relict of John Luter complains that John Trappe, 'skynnere', who has a tenement adjoining her garden in the par. of St. John de Walbrok, has four windows of which the glass is broken, through which he and his servants can see into her garden. The def., summoned by William de Lychebergh and Walter Page, makes default. Judgment after view that he repair the windows within 40 days etc.

363. [m. 54d.] The same Isabel complains that John de Thorp, 'skynnere', has seven windows overlooking her adjoining tenement in the par. of St. Stephen de Walbrok, less than 16 ft. from the ground, through which he and his servants can see into the pl.'s tenement. The def., summoned by the same William and Walter makes default. Judgment after view that within 40 days etc. he block up the apertures complained of.

364. The same Isabel complains that Henry de Ware has a window and four apertures (foramina) overlooking her adjoining tenement in the par. of St. Antonin, through which the stench from his cess-pit penetrates her tenement. The def., summoned by the same William and Walter, makes default. Judgment after view that he remove the nuisance within 40 days etc.

365. The same Isabel complains that John le Leche, fishmonger, has a leaden watch-tower (garritam) upon the wall of his tenement adjoining hers in the same par. upon which he and his household (familiares) stand daily, watching the private affairs of the pl. and her servants. The def., present upon the land before the mayor and aldermen, admits the nuisance, and freely undertakes to remove it within 40 days subject to the customary penalty.

366. The same Isabel complains that Joan relict of Simon Corp has twelve apertures (foramina) overlooking her adjoining tenement in the same par. through which she and her servants can see the private business of the pl. and her servants. The def., summoned by William de Lychebergh and Walter Page, makes default. Judgment after view that she block up the apertures complained of within 40 days etc.

367. Precept of the mayor to the sheriffs, Fri. 7 Dec. 1341, ordering them to put in execution the judgment in the assize brought by the above Isabel against John de Thorp [363], and to levy from him 40s. for his contempt.

368. A like precept for the enforcement of the judgment in the assize brought by the same Isabel against Joan relict of Simon Corp [366].

369. The commonalty complain by William de Iford, common serjeant, that the abbot of Redyngges, the prior of the new hospital of St. Mary without Bisshopesgate and William de Causton have neglected to repair the pavement outside their tenements in the par. of St. Benet atte Wodewharf and St. Andrew Castle Baynard, in accordance with the City ordinance; with the result that it is broken and worn down (concavium) and crushed (quassatum) to the danger of both pedestrians and horsemen. The defs. come, but say nothing to delay the assize. Judgment after view that within 40 days etc. each of them repair the pavement outside his own tenement.

370. [m. 55] Geoffrey Aleyn and Maud his wife complain that whereas they and their predecessors in their tenement in the par. of St. Stephen de Walebrok have always enjoyed the light and view from their windows and open apertures (foramina) from the foundations to the roof (summitatem), William de Stansfeld, parson of St. Stephen's, William de Hacford and Adam son of Adam de Bury have recently obscured them; and that the same William, William and Adam have two open windows in their tenement, adjoining that of the pls. through which they and their household (familia) have access to the pls.' leaden gutter (guterum plumbeum), breaking it and the tiles of their house, and throwing into it sewage and other refuse which is thus carried through the midst of the pls.' tenement. Further, they say that they have a gutter (guterum) 26 ft. long on the south side of their house into which the water from the defs.' tenement flows; and for lack of a fillet-gutter (filettum) through which the defs. ought to convey the water from their tenement on to their own land or into the street, it falls upon the pls.' land; and, similarly, on the north side of their house is a gutter (guterum) into which the defs.' water flows. The defs. after essoin make default. The mayor and aldermen ask the pls. whether, as regards the first of the alleged nuisances, they can produce any evidence of their right to the light and view through the defs.' tenement. They proffer an indenture in which Walter de Reyglegh, tawyer (allutarius) and Agatha la Rous, whose estate they now enjoy, undertake never to build upon a vacant plot of land lying between the kitchen of William de Hanyton and the stone house of Hamo de Wyndon and Joan his wife, whose estate the defs. now hold; and Hamo and Joan, for their part undertake line for line, to do nothing to impede the light and view of Walter and Agatha. They add that Hamo outlived his wife. It is adjudged that within 40 days the defs. remove the impediment to the pls.' light, and repair their windows with iron or wooden bars; and that they convey the water draining into the gutters on the north and south sides of the pls.' house on to their own land, and make a fillet-gutter (filettum) to receive their own water and convey it on to their land or into the street.

Precept of Simon Fraunceys, mayor, Mon. 13 May 1342, to Richard de Berkyngg, sheriff, to put in execution the judgment against the above William, William and Adam, and levy from them 40s. for their contempt.

[m. 55d.] Fri. 30 Nov. 1341. John de Oxford, mayor, Roger de Depham, Ralph de Upton, William de Causton, Richard de Berkyngg, William de Pounfreit, Nicholas Crane and Walter Neel, aldermen.

371. William de Stanesfeld, parson of St. Stephen de Walbrok, and William de Hacford complain that Geoffrey Aleyn and Maud his wife have two newly-made windows less than 16 ft. from the ground opposite their rent (redditum) in the par. of St. Stephen through which their tenants can see all the private affairs of the pls.' tenants and servants; and that for default of a gutter (guteri) 24 ft. long on the east side of their house, and others respectively 16 ft. and 32 ft. long, their rainwater falls upon the pls.' land; and, further, that they have two latrines (latrinas) so closely adjoining the pls.' tenement that the sewage penetrates and rots their timber and partywalls. Geoffrey comes in person, and Maud by John de Maneweden, her attorney. As far as the latrines and gutters are concerned they offer no defence, but as concerns the two windows they say that the assize does not lie, because in the plea of assize held on Fri. 13 July last [370] the defs. produced an indenture in which each of the parties guaranteed to the other, line for line, the light and view of their respective tenements. Having inspected the record of the plea and viewed the premises, the mayor and aldermen adjudge that, as far as concerns the two windows, the pls. take nothing for their plaint, but be in mercy, and the defs. sine die; but that within 40 days etc. the defs. build a stone wall 2½ ft. thick or an earthen wall 3½ ft. thick between their two latrines and the pls.' tenement, and repair the three gutters.

372. [m. 56] Adam Brabazon, fishmonger, complains that for lack of a gutter (stillicidii) 80 ft. long which Simon le Ussher and Isabel his wife ought to provide in their tenement adjoining his in the par. of St. Augustine (fn. 1) in Bredstrete ward, their water falls upon his land, which is flooded in rainy weather; and that they have five windows and six apertures less than 16 ft. from the ground through which they and their servants can see the private business of the pl. and his servants. The defs. come in person, but say nothing to delay the assize. Judgment that within 40 days etc. they repair the gutter, and block up the windows and apertures.

Fri. 8 Feb. 1342. John de Oxford, mayor, and the aldermen.

373. William de Causton, senior, mercer, def., essoins himself against Alice daughter of Roger Hosebonde by Adam de Heyworth. All [the parties in 373–4 and 376] were given a day at the quindene, but the mayor and aldermen could not take the assizes then, because they were summoned to the king at Westminster. Before they left, the pleas were adjourned to the octave.

Fri. 1 Mar. 1342. John de Oxford, mayor, Andrew Aubrey, John Hamond, Roger de Depham, John de Causton, Richard de Hakeneye, William de Thorneye and John de Refham, aldermen.

374. Geoffrey Alleyn and Maud his wife, pls., in mercy because they did not prosecute their plaint against William de Stansfeld, parson of St. Stephen de Walebrok, William de Hacford and Adam son of Adam de Bury, defs., who are sine die.

375. The commonalty complain by William de Iford, common serjeant, that whereas the rainwater flowing down from the fields behind the hospital of St. Mary without Bisshopesgate used to run thence towards the marsh called la More through a ditch (fossatum) leading through the midst of the royal highway Bisshopesgate in the par. of St. Botolph to the tenement of John de Aulton and Katherine his wife, they and their tenants have obstructed the ditch between the bridge upon the causeway in the high road there (inter pontem super calciam in alto vico ibidem) and their tenement, and impeded the flow of water. The defs. come in person. They deny the charge and put themselves upon their country, and William de Iford likewise. On Thurs. 7 Mar. the jury comes, but because the mayor and aldermen are unable to be present owing to business concerning the City, the proceedings are adjourned until Fri. 22 Mar. On that day the jury and the parties come upon the land in the presence of the mayor and aldermen. The jurors, viz. Godfrey atte Swan, Geoffrey Seriaunt, John le Verneye, Thomas le Barber, Peter de Hakeneye, John de Waltham, Hugh le Skynnere, John Heryng, John le Brewere, William le Bakere, Gilbert le Dyghere and Geoffrey Lythfot say upon oath that the ditch has been obstructed by the defs. and their tenants, adding that the bishops of London for the time being have been accustomed to pay to the tenants of the tenement in question each year at Christmas, for the watercourse running through the midst of their tenements, a half quarter of wheat. Judgment that within 40 days the defs. remove the obstruction from the ditch, under the customary penalty, on the understanding that they may sue the bishop of London for the half quarter of wheat and arrears if they so desire.

376. [m. 56d.] John de Pulteneye, 'chivaler', complains that the water flowing from the adjoining tenement of John de Aulton and Katherine his wife in the par. of St. Botolph without Bisshopesgate falls in rainy weather upon his land for a distance of 3½ perches (perticarum). The defs. come and ask for time to produce their muniments, which are not in the City. On Fri. 15 Mar. the pl. comes by his attorney John de Maneweden, and the defs. likewise appear, but asked by the mayor, John de Oxford, and the recorder, Roger de Depham, to produce their evidence, they can show nothing. For lack of aldermen, the proceedings are adjourned until Fri. 22 Mar., when the parties appear at Guildhall before the mayor, John de Oxford, Roger de Depham, John de Causton, Simon Fraunceys, William de Pontefract and William de Thorneye, aldermen, and the process of the plaint having been recited, it is adjudged that the defs., within 40 days etc., convey their water on to their own land or into the street.

Fri. 25 [rectius 26] April 1342. John de Oxford, mayor, Roger de Depham, John Hamound, Richard de Serkyngg, William de Thorneye, Walter Neel, William de Pountfreyt.

377. Nicholas Pyke complains that for lack of a gutter (stillicidii) 200 ft. long the rainwater from the tenement of William de Meldebourne, 'chivaler', and Margery his wife falls upon his adjoining land in the par. of St. Matthew de Fridaystrete; and the defs. have a stone wall 200 ft. long which overhangs the pl.'s land by 1½ ft. so that he cannot build; and further they have two windows overlooking the pl.'s tenement, less than 16 ft. from the ground, through which they and their servants can see the private affairs of the pl.'s tenants. The defs., summoned by John le Mazerer and John de Bentle, make default. After viewing the premises the mayor and aldermen adjudge that the defs. remove the nuisances complained of within 40 days etc.

378. Stephen le Mazerer complains that for lack of a gutter 100 ft. long, the rainwater from the tenement of John Gratefige and Thomas his brother falls upon his adjoining tenement in the par. of St. Olave de Colmanstrete; and that the same John and Thomas have a wall [measurements omitted] which overhangs his land by ½ ft. so that he cannot build; and, further, that they have five windows facing his tenement, less than 16 ft. from the ground, through which they and their servants can see the private business of the pl. and his servants. The defs. after essoin make default. Judgment after view that within 40 days etc. the defs. remove the nuisances complained of.

[m. 57] Fri. 28 June 1342. Simon Fraunceys, mayor, William de Causton, Roger de Depham, John de Causton, John de Mockyngg, Richard de Hakeneye, Richard de Berkyngg, Richard Costantyn and John de Refham.

379. William de Pontefract complains that John atte Pole has five windows, a door and two apertures (foramina) overlooking his tenement in the par. of St. Mary de Wolcherchehawe; and that the water from his house falls, for lack of a gutter (stillicidii) 40 ft. long, upon the pl.'s land; and that his stone wall 14 ft. long overhangs the pl.'s land by 1 ft. The def., summoned by Henry atte Shawe, 'armurer', and Richard de Lyncoln, makes default. Judgment after view that he block up the windows, door and apertures, and repair the gutter and wall within 40 days etc.

Fri. 30 Aug. 1342. Simon Fraunceys, mayor, Andrew Aubreye, Roger de Depham, William de Causton, John de Causton, John Hamond, John de Refham and John de Eynesham, aldermen.

380. Edmund de Grymmesby, clerk, complains that John Elys, 'peleter', and Joan his wife have on their land adjoining his in the par. of St. Dunstan West, a ruinous earthen wall 81 ft. long, which is so low that their servants can see over it and watch the private business of the pl.; and that their cesspit is too near his tenement. The defs., summoned by John le Vannere and Thomas de Ware, make default. Judgment after view that within 40 days etc. they repair the wall and raise it to a height of 16 ft., and remove the cess-pit 2½ ft. from the pl.'s land if walled in stone, and 3½ ft. if walled in earth.

Fri. 19 Sep. 1343. Simon Fraunceys, mayor, Roger de Depham, John de Causton, Richard Lacer, William de Causton, Richard de Berkyng and William de Pontefract.

381. Hugh de Brandon, goldsmith, complains that when he sought to rebuild the parcel of a messuage adjoining the tenement of Rose de Farndon in the par. of St. Vedast in Goderomlane, she had the work prohibited by the sheriff. Rose comes and says that the parcel of a messuage in question is a purpresture (purprisa) made upon Goderomlane, and that Hugh has obscured the light to which, according to the custom of the City, she is entitled as the occupant of a tenement abutting on a street or lane, and which she and her predecessors have enjoyed time out of mind. Hugh claims that the land in dispute formerly belonged to Walter Gatewyk, built and enclosed as at present, and that he demised it to Robert de Piphurst, who was succeeded in it by Robert his son and heir, who enfeoffed the pl., and that he sought to rebuild it because it was ruinous. Rose declares that, in the time of Walter, Robert and Robert's son the land was not built upon, but that the light was reserved to her by reason of the lane, as aforesaid. She puts herself upon her country, and the pl. likewise. On Fri. 26 Sep. the parties appear at Guildhall, and the jury comes by Adam Walpol, John de Hynxston, Thomas de Porkele, Alan atte Conduyt, John de Chaumpayne, John de Ideshale, John de Crikkele, Gilbert de (—), Thomas Walisshman, Robert de Herlawe, Robert de Northampton and Richard de (—), who say upon oath that the parcel of land has always, from the time of Walter Gatewyk, been built upon, without reservation of the light to the def. Judgment that the pl. continue his building and that the def. be in mercy. (fn. 2)

[m. 57d.] Fri. 19 Mar. 1344. John Hamond, mayor, Simon Fraunceys, Roger de Depham, Richard Lacer, William Pountfreyt, Richard de Berkyngg and William de Thorneye.

382. The commonalty complain by William de Iford that David de Kynggeston has narrowed the course of the Walebrok in the par. of St. Margaret de Lothbury by 3 ft. and has built sties for pigs and other animals above the watercourse to the damage of the whole City. The def. comes, but says nothing to delay the assize. Judgment after view that within 40 days etc. he remove the nuisance.

383. The commonalty complain by the same William that John de Besseville has narrowed the course of the Walebrok in the same par. by 3 ft. for the whole length of his tenement and has built pig-sties and privies above the watercourse and affixed piles (pilas) in the stream to support them to the damage of the whole City. The def. comes but says nothing to delay the assize. Judgment after view that within 40 days etc. he remove the nuisances.

Fri. 26 Mar. 1344. John Hamond, mayor, Roger de Depham, William de Causton, John de Causton, Richard Lacer, Walter Neel, Walter Turk and William de Thorney, aldermen.

384. John de Risle and Maud his wife complain that the cess-pit of the privy of Ralph de Ikelyngham called Cressoner and Agnes his wife adjoins too closely their tenement in the par. of St. Margaret Moisi de Fridaistrete, so that the sewage penetrates their wall and defiles their whole premises; and that they have pierced the stone wall on the east side of their tenement and erected a post there as a result of which their tenement is gravely weakened. The defs. come in person but say nothing to delay the assize. Judgment after view that within 40 days etc. they build a stone wall 2½ ft. thick or an earthen wall 3½ ft. thick between their latrine and the pls.' tenement, and remove the post they have placed in their wall.

[m. 58] Fri. 23 July 1344. John Hamond, mayor, Roger de Depham, William de Brykelesworth.

385. John de Tiffeld, John Sprot, Matthew le Barber and John de Drayton, parishioners of All Hallows de Bredestrete, complain that when, as wardens (custodes) of a tenement in the par. of St. Peter de Wodestrete devised by Faukes de Wakefeld, late citizen and tanner, for the maintenance of the chantry which he founded in the church of All Hallows, they sought to undertake repairs and to place their timber upon half the wall, 11 ft. long, between the same tenement and that of John de Beverly (Beverlaco), John claimed the whole wall as his own. John de Aylesham and John Syward, sheriffs, testify that the def. was summoned by John de Kynggeston and John Makenheued but he makes default. After viewing the premises, the mayor and aldermen adjudge that each of the parties owns half the wall, and that the four wardens may therefore continue to build as they have begun. Def. in mercy.

Fri. 3 Sep. 1344. [Assize adjourned for delivery of Newgate gaol.]

Fri. 24 Sep. 1344. John Hamond, mayor, Roger de Depham, William de Causton, Richard Lacer, Walter Turk, Richard de Rothyng, John de Causton, William de Pomfreyt and John de Aylesham, aldermen.

386. John, prior of the Friars Preachers, complains that, for lack of a gutter (stillicidii) 33 ells long which Richard, prior of Okebourn, ought to provide to carry off the rainwater from his houses and buildings in the par. of St. Andrew Castle Baynard, adjoining those of the pl., it falls upon his land and rots his timber. The def. comes in person and says that his house is an alien priory, and that the temporalities are in the king's hand by reason of the war with France, and he produces as evidence letters patent under the great seal. (fn. 3) The mayor and aldermen, wishing to be more fully advised, give the parties a day at Guildhall on Fri. 1 Oct. to hear judgment. On that day the parties come, and the def. asks and is allowed the king's aid. The pl. is recommended to sue before the king if he judges it expedient. Plaint adjourned sine die. [m. 58d. Blank.]

[m. 59] Fri. 14 May 1344. John Hamond, mayor, Roger de Depham, John de Causton, Richard Lacer, Walter Turk, John de Northalle, William de Pountfreit and Bartholomew Deumars, aldermen.

387. The commonalty complain by William de Iford that Hugh de Croydon has encroached and built upon the commonalty's soil (de solo communitatis) next the City Wall within Neugate to a length of 16 ft. and to the width of his tenement, and has narrowed the wall by removing stones from it. Hugh appears and says nothing to disprove the first charge, but denies the second, and puts himself upon his country. The mayor and aldermen, after viewing the site, adjudge that he remove the building upon the soil of the City within 40 days etc. As regards the second charge, a jury of the venue of Neugate is summoned for the octave.

Fri. 23 Apr. 1344. John Hamond, mayor, Roger de Depham, William de Causton, John de Causton, Richard Lacer, Walter Turk, William de Thorney and William de Pontefract, aldermen.

388. John, prior of the Friars Preachers, complains that Richard, prior of Okebourn, has a stone wall 52 ft. long and 20 ft. high adjoining his land and overhanging it by 1 ft. 3 ins. so that he cannot build. (fn. 4) The def. comes but says nothing to delay the assize. The wall is measured by plumb-line (cum perpendiculo) by the masons and carpenters sworn to the assize, from the foundation to the top (summitate), and the allegation of the pl. is found to be correct. Judgment that the def. remove the nuisance within 40 days etc.

Fri. 22 July 1345. John Hamond, mayor, Roger de Depham, William de Causton, John de Causton, William de Pountefreyt, Richard de Berkyng and John de Aylesham, aldermen.

389. Benedict de Fulsham and Maud his wife essoin themselves by John de Salesbury against William de Causton, senior, mercer. A day is given the parties at the quindene [5 Aug.], when Benedict and Maud ask for a respite to enable them to produce their muniments, which are not in the City. They are given a day on Fri. 19 Aug. Further adjournments follow, with the consent of the parties, until Fri. 3 Feb. 1346. The parties come on Fri. 10 Mar., but the proceedings are again adjourned because of important business concerning the City. [For love day see below under 19 Aug. 1345.]

390. The commonalty complain by William de Iford that the stone wall of Walter de Eure's house facing the street on the south side in the par. of St. Bartholomew the Less is ruinous and on the point of collapse. Walter, summoned by Ralph and William de Cauntebrigge, makes default. Judgment after view that within 40 days etc. he demolish the wall and rebuild it if it seems to him expedient. [The note follows: Quere aliud placitum ad eundem diem inter communitatem et eundem Walterum in dorso ipsius Rotuli . . . (394).]

Precept of Richard Lacer, mayor, to Edmund de Hemenhale and John de Gloucestre, sheriffs, dated Thurs. 16 Feb. 1346, ordering them to put in execution the above judgment. [The note follows: Quia vicecomites nichil fecerunt similis billa missa fuit eisdem vicecomitibus sicut alias die martis proximo ante festum Parasceve (11 Apr.).]

[m. 59d.] Fri. 5 Aug. 1345. John Hamond, mayor, Roger de Depham, Andrew Aubrey, William de Causton, John de Causton, William de Pountefreyt, Richard de Berkyng and John de Aylesham, aldermen.

391. Adam de St. Albans brings an assize against William de Hodesdon, 'pessoner', who asks for a respite to enable him to produce his muniments. The parties are given a day at the quindene. Afterwards, with the licence of the mayor and aldermen, they come to an agreement.

Fri. 19 Aug. 1345. John Hamond, mayor, Andrew Aubrey, Roger de Depham, William de Causton, John de Causton, William de Pountefreit, John de Aylesham, Richard de Berkyng, aldermen.

Love day given to the parties [389], pending an assize of novel disseisin.

Fri. 26 Aug. 1345. John Hamond, mayor, Roger de Depham, William de Pountefreit, William de Thorneye, John Rokele, Richard de Berkyng and Thomas Leggy, aldermen.

392. Elizabeth de Montacute complains that Master Gilbert de la Brewere, dean of St. Paul's, has begun to build a wharf (kaium) in the Thames to enlarge and improve his property, and has affixed his piles (pilas) opposite her wall, which adjoins his tenement in the par. of St. Benet atte Wodewharf and extends from the river to Thamisestrete, as if claiming half of it as his. The def. comes by Thomas de Ware, his attorney, but says nothing to delay the assize. After viewing the premises the mayor and aldermen find that 18 ft. of the wall is common to the parties, but the rest belongs entirely to the def. It is therefore adjudged that he continue building his wharf as already begun. pl. in mercy.

Fri. 9 Sep. 1345. John Hamond, mayor, Roger de Depham, Andrew Aubrey, William de Causton, John de Causton, William de Pounfreyt, Richard de Berkyng and John de Aylesham, aldermen.

393. Alice relict of Gregory de Norton complains that the abbot of Stratford has encroached upon her adjoining land in the par. of St. Mary Wolnoth by 2½ St. Paul's ft., so that she cannot repair her stone wall, 22½ St. Paul's ft. long, which is ruinous, or build upon her land. The def. comes by Thomas de Ware, his attorney, but says nothing to delay the assize. The mayor and aldermen find that the pl.'s allegations are correct. Judgment that the def. remove the nuisance within 40 days etc.

394. The commonalty complains by William de Iford that Walter de Eure has a vacant plot of land in the par. of St. Bartholomew the Less which is unfenced, so that malefactors and disturbers of the king's peace and robbers lurk there by night and waylay passers-by, attacking, beating and wounding them and stealing their goods. The def., summoned by Ralph and William de Cauntebrigge, makes default. Judgment after view that within 40 days etc. he fence the plot of land. [See also 398; cf. 390.]

[m. 60] Fri. 10 Feb. 1346. Richard Lacer, mayor, Roger de Depham, John Hamond, John de Causton, John de Mockyng, John de Northall and Bartholomew Deumars, aldermen.

395. Hugh le Blount, kt, complains by Thomas de Ware, his attorney, that in rainy weather the water from the tenement of Simon de Wenlok falls upon his adjoining buildings and walls in the par. of St. Mildred the Virgin in Poultry, so that their upper part (in summitate) is rotted; and that the def. and his tenants draw water from his well (fonte), and the water overflowing therefrom, and the sewage and other refuse which they throw outside his tenement rot the foundations of his walls (in profunditate et loco subterraneo). Simon comes in person but says nothing to delay the assize. On viewing the premises the mayor and aldermen find that the pl.'s allegations are correct. Judgment that the def. remove the nuisances within 40 days etc.

Fri. 3 Feb. 1346. Richard Lacer, mayor, Henry Darcy, Andrew Aubrey, Simon Fraunceys, John Hamond, Roger de Depham, Walter Turk, William de Causton, John de Causton, John Syward, Thomas Leggy, William de Poumfreyt, Bartholomew Deumars and Richard de Rothyng, aldermen.

396. The commonalty complain by William de Iford that whereas Fisshyngwharf lane leading to the Thames in the par. of St. Mary de Somersete used to be common to all citizens conveying their goods and merchandise to and from the river by horse and cart, William Trig has obstructed it with wooden stalls (trunci), wood and other things so that there is no longer access by it to the Thames. William comes and allows that the lane was formerly common, and declares that it still is, and that he has not obstructed it as alleged; but he says that it is, and always has been, too narrow to be used by carts, which cannot turn in it, and he puts himself upon his country. On Fri. 3 Mar. the parties come and the jury by Stephen de Staneford, Walter le Chaundler, Thomas de Bury, 'cordewaner', Richard le Chaundeler, Thomas Scot, Simon de Turnham, John Tornegold, Hugh le Chaundeler, Ralph de Lenne, John Charryng, Lawrence Albyn and John Lombard, who find for the def. Judgment that William de Iford take nothing for his plaint. William Trig sine die.

Fri. 10 Feb. 1346. [Mayor and the aldermen as on 10 Feb. above.]

397. Alice relict of Gregory de Norton complains that the abbot of Stratford has appropriated for building half her stone wall, 6½ ells long, in the par. of St. Mary de Wolnoth. The abbot comes by John de Salisbury (Sar'), his attorney, and says that the wall is common to him and the pl., and that he was therefore entitled to place his timber upon it. After inspecting the premises, the mayor and aldermen find that the def.'s claim is correct, and it is therefore adjudged that he continue building upon his half of the wall. pl. in mercy.

398. Precept sicut alias of the mayor to the sheriffs, dated at Guildhall Mon. 23 Oct. 1346, ordering them to put in execution the judgment given against Walter de Eure on 9 Sep. 1345 [394], or to show cause why they have not done so.

Fri. 15 Dec. 1346. Geoffrey de Wichyngham, mayor, Andrew Aubrey, Reginald de Conduit, Simon Fraunceys, John Hamond, Roger de Depham, John de Causton, William de Causton, Adam Brabazon, Richard de Berkyngg and Richard de Keselyngbury, aldermen.

399. The prior of St. Bartholomew Smethefeld comes in person and complains that John Wroth and Juliana his wife and Thomas son of Bartholomew de Honilane have three doors in their tenement adjoining the property of his church in the par. of All Hallows de Honilane, through which they and their tenants come and go across his land; and they have ten windows less than 16 ft. from the ground, through which they and their tenants can see the private business of his tenants; and in rainy weather the water from their tenement falls upon his premises; [m. 60d.] and they have a jetty (geticium) 38 ft. long and 2½ ft. wide above his land. John and Thomas come by Simon de Kelshull, their attorney, and Juliana in person, and they ask for a respite to enable them to produce their muniments. They are given a day at the quindene [29 Dec.], but are adjourned until Fri. 12 Jan. 1347 at Guildhall, when John Wroth comes in person and Juliana and Thomas by Alan de Gylingham and Simon de Kelshull, their attorneys. Thomas says that he is the tenant of the tenement concerning which the nuisances are alleged, and that from time out of mind he and his predecessors have enjoyed the easement of the doors and windows opening on to the pl.'s land. The pl. contends that John and Juliana are the real tenants, and that Thomas was named in the plaint only as coadjutor. John and Juliana then allege that John de Douegate was formerly seised of the tenement which they now hold, together with half the lane (venelle) between his wall and the prior's houses, and the right of entry and exit by the other half; and that in the reign of Edward I the same John, in his will proved and enrolled in the Husting, (fn. 5) devised the tenement and half the lane with the accompanying easement to his daughter Joan and the heirs of her body. The prior declares that neither the defs. nor their predecessors have ever enjoyed, save by his goodwill, any right in the lane, which, as he is prepared to prove, is his sole property in right of his church. After further adjournments the parties come on Fri. 9 Feb. 1347, but because it appears to the court that the custom of the City does not permit of the reference to a jury of the point at issue, the parties are adjudged sine die.

Footnotes

  • 1. The church is in the ward of Farringdon Within.
  • 2. The foot of this membrane is damaged.
  • 3. C.P.R. 1334–8, 483.
  • 4. C.P.M.R. 1323–64, 209; the prior of Ogbourne is incorrectly calendared as John (Roll A5, m. 22d).
  • 5. Cal. Wills, i, 155.