3 Aug 1358–2 Feb 1369 (nos 502–549)
[m. 7d.] Fri. 3 Aug. 1358. John de Stodeye, mayor, Adam Fraunceys, Roger de
Depham, Thomas Perle, Simon de Worstede, Richard de Notyngham and
John Malewayn, aldermen, and Bartholomew de Frestlyngg, aldermen and
502. William de Sleford, parson of St. Thomas the Apostle, complains that
William Soty and Margery his wife and Thomas son of John Baronet have
in their messuage two solars of two storeys, which overhang the churchyard
by 4½ ft. on the west and 6 ft. on the east, so that he cannot rebuild his
chancel; and that they have a gutter (gutteram) 20 ft. long between the
solars, through which the water flows from them on to his land and penetrates the foundations of the stone wall of the chancel to a length of 14 ft.
on the east side, so that it threatens ruin and is broken down in divers
places; and, further, that they have four windows and a door opening on
to the churchyard, through which they and their servants can see and hear
the private business of the pl. and his servants. The sheriffs testify that the
defs. have been summoned by Robert de Westmelne, 'broydurer', and
Thomas atte Cornere, 'brewere'. William and Margery make default but
Thomas comes in person and answers as tenant of the tenement in question.
He claims to have muniments bearing on the matter and is given a day at
the quindene to produce them. On Fri. 31 Aug. the pls. appear against him,
but he produces no written evidence, and shows no reason why the nuisances complained of should not be removed. After the premises have been
viewed the proceedings are adjourned for lack of aldermen until Fri. 7 Sep.,
when, the record and process having been recited before John de Stodeye,
mayor, Adam Fraunceys, Roger de Depham, William Welde, John Malewayn, Simon de Worstede and Richard de Notyngham, aldermen, Bartholomew de Frestlyngg and Stephen de Cavendyssh, aldermen and sheriffs, it
is adjudged that within 40 days etc. the defs. remove as much of the solars
as overhangs the churchyard, convey their water into the street or on to
their own land, and block up the windows and door.
[m. 8] Fri. 7 June 1359. John Lovekyn, mayor, Hugh de Sadyngstanes,
William Welde, Simon de Worstede, William Holbech, John de Chichestre
and William de Tudenham, aldermen, and John Bernes and John de Bures
503. Nicholas Bole, Agnes de Steyndrop and Agnes Carlel, defs., essoin
themselves against Raymond Peregryn by William atte Posse.
504. Thomas de Sutton, 'dyghere', def., essoins himself against the prior
of St. John of Jerusalem by the same.
Fri. 14 June, 26 July, 9 and 16 Aug. 1359. [Essoins and respites only.]
Fri. 6 Sep. 1359. John Lovekyn, mayor, Hugh de Sadelyngstances, John de
Stodeye, Simon de Worstede, John de Chychestre, William Holbech, William
de Tudenham, aldermen, and John de Bernes and John Bures, sheriffs.
505. Richard de Notyngham and Nicholas Ploket, mercer, complain that
Nicholas Marchaunt and Richard de Bradefeld, 'brewere', have broken
down their plastered wall (murum plastratum) in the par. of St. Lawrence
in Old Jewry, and thrown refuse into two drains (cloace) belonging to their
[m. 8d. Fri. ? 27 Sep. 1359.]
506. Stephen de Waltham and Joan his wife complain that John Mychel,
'vynter', and Robert Hamond have inserted three corbels and beams in
their stone wall in the par. of St. James de Garlekhethe. John de Bures and
John Bernes, sheriffs, testify that the defs. have been summoned by John de
Hardyngham and John Dunstaple. They come and claim to have muniments bearing on the matter, and are given a day to produce them. On
Fri. 11 Oct. 1359 the pls. come but the defs. make default. Judgment is
postponed for lack of aldermen until the following Wed. 16 Oct., when the
Fri. 18 Oct. 1359. [Essoins only.]
Fri. 1 Nov. (the feast of All Hallows) 1359. Simon Dolsely, mayor, etc.
Assize adjourned on account of the celebration of the aforesaid feast.
507. The assize between Roger Torold and Alice his wife and Roger their
son, pls., and John Chaucer, respited.
[m. 9] Fri. 1 May 1360. Simon Dolsely, mayor, Hugh de Sadelyngstanes,
William Welde, Simon de Worstede and John de Chychestre, aldermen, and
Simon de Benyngton, sheriff.
508. The assize between Geoffrey de Godyngton, pl., and William de
Nassurton and Alice his wife respited.
Fri. 15 May 1360. [Respites only.]
Fri. 22 May 1360. Simon Dolsely, mayor, Hugh de Sadelyngstanes, Simon
Worstede, William Welde and John de Chichestre, aldermen, and Simon de
509. William Brangwayn, 'vyneter', def., essoins himself against John
prior of St. Bartholomew de Westsmethefeld by William Pusse, and the
same John against the same William Brangwayn by William Russe.
510. Nicholas Hotot complains that Thomas de St. Edmunds and Idonea
his wife have a latrine (latrinam) with two pipes (pipis) within the bounds of
his adjoining tenement in the par. of St. Swithin de Candelwykstret. The
sheriffs testify that the defs. have been summoned by John Walsh, goldsmith, and Nicholas Potyn. They come by John Dauncere, their attorney,
and say that, by custom, no view ought to be held unless by the mayor and
six aldermen, and the number now present is insufficient. They are ordered
to make a further answer (ulterius), and thereupon ask judgment concerning the pl.'s bill, on the ground that the plea is properly one of intrusion
and not of nuisance. After adjournment the parties come on Fri. 5 June
1360, but the assize is respited by their common consent until Fri. 26 June.
The defs.' attorney then appears and claims to have muniments bearing
on the case. He is given a day on Fri. 10 July to produce them, but essoins
himself by John Purre who is ordered to produce his warrant at the quindene, viz. 24 July. On that day the parties come and the defs. say that the
tenement now held by the pl. was formerly held, together with theirs, by
Fulk de St. Edmunds, who gave it to William de Wollewercherchehawe and
Olive his wife, at which time the privy (garderoba) was already parcel of
the tenement which they now hold, and which, on Fulk's death, was inherited by James his son and heir, who devised it to his son John, on whose
death it passed to his brother Thomas, the def., who thus with all his predecessors and their feoffees has been seised of the tenement, with the privy
as parcel of the same. The pl., protesting, says that he does not acknowledge
the privy to be parcel of the defs.' tenement. He maintains that Fulk de St.
Edmunds gave the tenement which he now holds to William de Wollercherchehawe and Olive his wife with all rights and appurtenances whatsoever,
and produces in court the relevant deed, in which the tenement is described
as having been given to Fulk by Roger Loveday, kt., and as comprising a
solar, cellar, kitchen, stable and garden situated between the tenements late
of John de St. Osiths, John Deumars, and John de Bow (de Arcubus) on
the north and the grantor's houses and wall on the south, and between
St. Swithin's Lane on the west, and the tenements of William and Olive
and of the donor on the east, paying to the abbot and convent of Westminster 2s. 8d. at the usual terms, and to the donor a clove at Christmas and a
sum of money down as gersum. [m. 9d.] Witnesses: John de Bretoun, kt.,
warden of the City, John de Storteford and William de Storteford, sheriffs,
John de Donestaple, alderman of the ward [of Walbrook], Thomas de
Suthfolk, William de Red, Robert Persone, Simon de Brughton, James le
Botyller, Hugh de Clopham, Peter de Braghyng, Thomas de Walden,
William de Caxton, John de Hatfeld, Roger Foucke, Richard le Barker,
serjeant of the ward, Ralph the clerk and others. Dated 16 Mar. 1298. The
pl. asks judgment whether the defs. can claim anything in the messuage
above described, or within the bounds thereof unless they can show a
specialty. The defs. reiterate their claim that the privy in dispute has always
been part of the tenement which they hold, and not of that of the pl.; and
Nicholas retorts that it is included in the metes and bounds described in
Fulk's deed recited above. Both parties ask that the matter be referred to a
jury. After adjournment the pl. comes on Fri. 4 Sep. Thomas makes default, but Idonea appears in person and is admitted to plead. She repeats
that both the tenements in question were formerly in the possession of Roger
Loveday, who enfeoffed therewith Fulk de St. Edmunds, her husband's
ancestor, at which time the privy was in the same place as at present, and
belonged to the tenement which she and her husband now hold, and she
asks judgment whether the assize can be maintained against her without a
title. The pl. thereupon declares that in Fulk's time there was no privy in
the tenement which he now holds, and asks that the matter be referred to a
jury. Idonea, who persists in her claim, makes a similar request. A jury is
summoned for Fri. 18 Sep. The parties appear but the jurors do not come.
On Fri. 3 Oct. they again fail to appear and the assize is respited until
Fri. 16 Oct.
[m. 10] Fri. 20 Nov. 1360. [Essoins only.]
Fri. 4 Dec. 1360. John Wroth, mayor, Hugh de Sadelyngstanes, Simon
Dolsely, William Welde, John de Chichestre, Simon de Worstede, William
Tudenham, aldermen, and John Dynes, sheriff.
511. Thomas Cheyner, 'mercier', son and heir of Henry Cheyner, complains
that Alice relict of John de Staunton, kt., has built a house upon her land
interfering with his free access by a right of way, guaranteed by deed, from
St. Laurence's Lane in Jewry, within the def.'s gate, to his tenement. Walter
de Berneye and John Dynes, sheriffs, testify that the def. has been summoned by John de Bedyngton, mercer, and Nicholas de Horwoode, but she
makes default. Because the mayor and aldermen wish to be more fully
informed concerning the truth of the pl.'s allegations, William de Grenyngham, serjeant of the Chamber, is ordered to cause 24 lawful men of St.
Laurence Lane to appear before them on Fri. 18 Dec. to enquire concerning
the truth of the pl.'s allegations. After adjournment the pl. comes in person
on Fri. 29 Jan. 1361, but the def. again makes default. The jury comes by
Richard Russell, Roger Reygate, Thomas atte Shoppe, Stephen Edulf,
Richard Wayte, William Gorel, Adam Sprot, William Stoke, John Abraham, Thomas Charlewod, Robert Foundour and Robert le Chaundeler,
who say upon oath that the pl. is entitled to a right of way through the gate
of the def.'s tenement from St. Laurence Lane to his tenement, and that the
def. has impeded him by building a house. Judgment that within 40 days
etc. the nuisance be removed. [Margin: Recuperacio.]
512. John Fraunceys, tawyer, and Emma his wife complain that the rainwater from the adjoining tenement of Bartholomew Guy do, 'chaungeour',
falls through a gutter (gutteram) upon their vacant plot of land, 14 ft. long,
in the par. of St. Clement by Candelwykestret. John Deynes and Walter de
Berneye, sheriffs, testify that the def. has been summoned by John de
Thame and John Tiryngton. He appears but the proceedings are adjourned
at the request of the parties until the quindene. [Margin: Dies amoris.]
[m. 10d.] Fri. 19 Feb. 1361. John Wroth, mayor, the aldermen and sheriffs.
513. John Lytle, 'pessoner', complains that the tenement of Thomas Clenche
and Goda his wife in the par. of St. Magnus de Bruggestret is ruinous and
broken down with age, and without a roof (coopertura discoopertum), and
is on the point of collapsing into the king's highway, to the grave danger of
the passers-by; and it is sinking down (succumbit) upon the pl.'s tenement
to which it is affixed with iron nails, so that it rots the party-walls and
threatens to overthrow the said tenement because of its ruinous state.
Walter de Berneye and John Deynes, sheriffs, testify that the def. has been
summoned by Richard Greylond and William de Olneye, but they do not
come. The mayor and aldermen view the premises and give the pl. a day
on Fri. 26 Feb. to hear judgment. On that day, the record and process
having been recited in the presence of John Wroth, mayor, and the aldermen, it is adjudged that within 40 days etc. the nuisances be removed. The
sheriffs are ordered to warn the defs. accordingly.
[m. 11] Fri. 18 Mar. 1362. [Essoins only.]
Fri. 1 Apr. 1362. John Pecche, mayor, Thomas Lodelowe, John Lytle, Walter
Forester, William de Tudenham, Simon de Worstede and Thomas de Pykenham, aldermen, and William Holbech and James de Thame, aldermen and
514. Roger Newe and Agnes his wife complain that Richard de Worstede,
mercer, and Margaret his wife have made six windows in their adjoining
tenement in the par. of St. Alphege, less than 16 ft. from the ground and
overlooking their land, so that the defs. and their tenants can see all their
private business, and through which they throw refuse into their garden.
The sheriffs testify that the defs. have been summoned by Henry de
Bradele and John de Walden, but they make default. After viewing the
premises the mayor and aldermen adjudge that within 40 days etc. the defs.
block up the windows. They are in mercy. [Margin: Misericordia.]
Fri. 20 May 1362. John Pecche, mayor, the aldermen and sheriffs.
515. Thomas de Kendale, clerk, def., essoins himself against John Coraunt,
goldsmith, by Robert Rose.
Fri. 22 July 1362. Mayor, the aldermen and sheriffs.
516. Richard Lacer, goldsmith, def., essoins himself against Simon de
Worstede, mercer, by William Russe.
517. Richard de Norton of Chesthunte and Alice his wife, defs., essoin
themselves against John de Morton, clerk, by William Buresse. [m. 11d.
[m. 12] Fri. 24 Feb. 1363. Stephen de Cavendyssh, mayor, John Lovekyn,
Thomas de Lodelowe, Adam Fraunceys, William Welde, William de Tudenham, Bartholomew de Frestlyng, aldermen, and John de St. Albans and James
Andrew, aldermen and sheriffs.
518. Henry Godchep and Agnes his wife complain that whereas they and
the prior of the hospital of St. Mary without Bisshopesgate have a number
of adjoining tenements in the par. of St. Mary le Bow, between which is a
stone wall 85 ft. long and 3 ft. wide belonging wholly to the pls., the def.
has placed on it his timber for building. The sheriffs testify that the def.
has been summoned by William atte Wode and John Russe. He comes in
person, but although he can show no specialty in support of his claim to
build upon the wall, he asks that the mayor and aldermen view the site in
the presence of the masons and carpenters. It is found that the wall, as
alleged, belongs entirely to the pls., and it is therefore adjudged that they
have and hold it as appurtenant to their tenement, and that within 40 days
etc. the def. must remove his timber, and all other nuisances, and rebuild
the wall as it was formerly.
Fri. 23 June 1363. [Essoins only.]
Fri. 30 June 1363. Mayor, the aldermen and sheriffs.
519. Margery de Honylane, prioress of St. Helen's, complains by Robert de
Watlyngton, her attorney, that the earthen wall 20 ft. long between her
garden and that of Thomas Hore, smith, in the par. of St. Ethelburga the
Virgin, which stands upon her land, is ruinous and broken down, so that
strange men and animals enter her garden and trample down the grass
(herbagia) and other things growing there, and carry off the fruit, and see
the private business of the pl. and her servants. The def. who had essoined
himself, makes default. The mayor and aldermen, having viewed the
premises, find that the pl.'s allegations are correct. Judgment that within
40 days etc. the def. repair the wall, as he is bound to do.
520. The same Margery complains by her attorney that the earthen wall
25 ft. long between her garden and that of Simon le Spycer 'lombard', in
the par. of St. Peter de Cornhull, and built upon her land, is ruinous, [etc.
as in 519. Judgment as in 519.]
[m. 12d.] Fri. 16 Feb. 1364. John Nott, mayor, Thomas de Lodelowe,
William Welde, William de Tudenham, Simon de Worstede, James de
Thame, James Andrew and Walter Forester, aldermen, etc.
521. Amaury de Shyrlond, clerk, complains that Thomas Chauntecler has a
tenement adjoining his land on the west side in the par. of St. Bride de
Fletestret, and for lack of a fillet-gutter (filetti) 86 ft. long the rainwater
from the chambers on the west side of his tenement and likewise, for lack of
a similar gutter 25 ft. long, from another chamber on the south side, falls
upon the pl.'s land; and, further, from two other gutters (stillicidia) the
water in rainy weather falls upon his land; and he has six windows in a
stone wall of his tenement, and sundry other windows and apertures
(foramina) in other plastered walls (muris plastratis) looking on to the
pl.'s land, through which he and strangers visiting (perhendinantes) and
staying (morantes) there can see the private business of the pl. John
Hyltoft and Richard de Croydon, sheriffs, testify that the def. has been
summoned by Robert de York and Andrew Grauncourt, but he does not
come. Upon viewing the premises the mayor and aldermen find that the
nuisances are as alleged. Judgment that within 40 days etc. the def. make a
fillet-gutter (filettum) 86 ft. long upon the chambers on the west side of his
tenement, and on the chamber on the south side another 25 ft. long, and
that he turn (declinata) the two other gutters (stillicidia) so that the rainwater can flow on to his own land or into the street, and block up the
windows and apertures of which the pl. complains.
[m. 13] Fri. 10 Nov. 1363. John Nott, mayor, Thomas de Lodelowe, John
Lovekyn, John de Stodeye, John Litle, James de Thame, William de Tudenham and Walter Forester, aldermen, and Richard de Croydon, sheriff.
522. Adam Lovekyn and Katherine his wife complain that the tenement of
Elias Catesby, chaplain, John Brewere, John Olyver, senior, John Oliver,
junior, (fn. 1) Henry Cancy, Richard Haslemere, Richard Kene, Brian Tannere,
Thomas de Benchesham, John Story, senior, Robert Lenard, Robert
Dunvill and John Totyng adjoining theirs on the west side in the par. of
St. Michael upon Cornhull, is so ruinous that it is on the point of collapse,
because of the weakness and decay of the timber, and it leans against the
pls.' tenement, so that their wall on the west side, measuring 19½ ells in
length, is broken down by the heavy weight. Richard de Croydon and
John Hyltoft, sheriffs, testify that the defs. have been summoned by Stephen
Daubeneye and Andrew Pyebakere, but they make default. The mayor and
aldermen, having viewed the premises, and wishing to take counsel with
the carpenters and masons concerning the judgment to be given, give the
pls. a day on Mon. 25 Nov. On that day the pls. appear in person, and the
record and process having been recited and full information obtained
from the carpenters and masons, it is adjudged that the nuisances be
removed within 40 days etc. [m. 13d. Blank.]
[m. 14] Fri. 9, 30 May, 13, 20 June, 4 July and 17 Oct. 1365. [Essoins and
[m. 14d.] Fri. 24 Oct. 1365. Adam de Bury, mayor, John Lovekyn, Adam
Fraunceys, William Halden, William Welde, John de St. Albans, John Lytle
and Simon de Worstede, aldermen, and John de Briclesworth and Thomas de
523. William de Tudenham, mercer, def., essoins himself against Stephen
Bradele by William Russe.
524. Simon de Worsted, mercer, complains that Gilbert Lyrp, 'bakere',
who has a tenement adjoining his in the par. of St. Alphege within Crepulgate, has built up a stack (staccum) of large wood called 'wodefyn' next
the party wall of his tenement, and in rainy weather the drips fall from it
on to the wall and rot all the timber. Further, Gilbert has various animals
—viz. oxen, cows and pigs, which constantly break down the walls of his
house, and their excrement rots the foundations. The sheriffs testify that
the def. has been summoned by William Kyng, 'tymbermongere', and
William Whelpele, tawyer, but he does not come. The mayor and aldermen,
after viewing the premises, give the pl. a day on Fri. 7 Nov. to hear judgment. On that day he appears against the def. at the pleas of assize held
before Adam de Bury, mayor, Adam Fraunceys, William Haldene,
William Welde, Thomas Pykenham, and James Andrew, aldermen, but
Gilbert makes default. Judgment that he remove the nuisances within 40 days etc.
[m. 15] Fri. 24 Oct. 1365. Adam de Bury, mayor, and the aldermen.
525. John Pecche, John Moy, John Blaunche, William Passeware, Richard
de Knoesle, Walter Bacheler, Thomas de Thornton, John de Mytford,
Richard de Stokes, Thomas de Same, Robert Box, John de Pakenham,
Thomas Fourneux, Hugh le Walssh, Adam Carlel, John de Redyng, John
de Levendale, Michael de Cornewayll, Robert de Somersete, John de
Kyrkeby, Thomas de Essex, Andrew de Cornewayll, John de Waudene and
Adam de Chyppenham, chaplain, complain by John de Peruch, their
attorney, that in rainy weather, for lack of a fillet-gutter (filettum) 68 ft.
long, on the east side, the water from the adjoining tenement of William de
Coloygne, clerk, in the par. of St. Peter upon Cornhull falls upon their land;
and that he has seven windows in the party-wall of his tenement opening
thereon, through which his tenants and servants throw out refuse and other
scandalous things (facinora); and that he has a house adjoining their
garden in which are five gutters (guttere), from which all the water falls
upon their land, and there are twelve windows opening upon the same
garden through which the def.'s tenants throw urine and other filth, and
see the private business of the pls.' tenants. The def. comes in person and
claims to have muniments bearing on the case. He is given a day on Fri.
6 Nov. [? rectius 1 or 7 Nov.] to produce them. On that day the def.
essoins himself by William Russe, who is ordered to produce his warrant
at the quindene. On 20 Nov. [? rectius 14 or 21 Nov.] the pls. again appear
by their attorney against the def., who does not come. The mayor and
aldermen find the nuisances to be as alleged and give the pl. a day on Fri.
28 Nov. at Guildhall to hear judgment. The assize then comes by Adam de
Bury, mayor, John Lovekyn, Adam Fraunceys, William de Halden,
William Welde, Thomas Pykenham and James Andrew, aldermen, and the
sheriffs, and the record and process having been recited, it is adjudged that
the nuisances be removed within 40 days etc. The sheriffs are ordered to
warn William de Coloygne accordingly.
526. [m. 15d.] At the Husting of Pleas of Land held on Mon. 16 Nov. 1366,
John de Totenham, Richard atte Cherche and Richard de Shrobshire
delivered a bill [French] to the mayor and aldermen, certifying that the
wall between William Stokes and Richart Storteford running from east to
west is partible between them unless William can produce an enrolled
deed in his favour. The arches of the wall are of the same depth on either
side, and the old wall-plate and beams of William's tenement do not occupy
a full half of its width.
Et predicti Willelmus Stokes et Ricardus Storteford petunt quod predicta
billa irrotulatur in rotulis assisarum nocumentorum etc. Et ista billa
irrotulata fuit die veneris in festo Sancti Edmundi Regis et martiris anno
quadragesimo supradicto de assensu parcium predictarum [20 Nov. 1366].
[See also 591.]
527. [Margin: Ex', recordum carpentariorum inter Thomam atte Noket
querentem et Gilbertum de Hoo.]
Certificate of John de Totenham, Richard de Salyng, Richard de Schropschire and Richard atte Cherche, carpenters and masons [French]. They
report that Thomas atte Noket, citizen and draper, who has a tenement in
the par. of Our Lady of Wolnoth in Lombardstrete, situated between the
tenement of Gilbert de Hoo, formerly belonging to Thomas de Ware,
'pelliter', and called 'la Cardenaleshatte' on the east, and that of Cecily de
Bosenham on the west, is entitled to 12¾ ins. of the stone wall, between his
tenement and Gilbert's, and extending northwards for 10 ells 1 in. to his
kitchen. Further, he is entitled to 9½ ins. of the wall running north for
13¼ ells from his same kitchen, in which, moreover, there is a chimney
which overhangs his tenement, to his great inconvenience, and which ought
to be demolished. Also, there is a leaden gutter (une gotiere de plombe,
guttysoun) 7½ ells long on la Cardenaleshat, from which the water overflows on to Thomas's land (place), and which Gilbert ought to turn away
from his tenement (droit est qe le dit Gilbert de Hoo face turner la dite
guttysoun hors del tenement le dit Thomas). Finally, the stone wall
between Thomas's hall (sale) and the tenement of Cecily de Bosenham,
extending northwards to the tenement of Thomas de Irland, is declared to
be partible between Thomas and Cecily.
Istud recordum intratur hic tempore Johannis Lovekyn maioris anno regni
regis Edwardi tercii post conquestum quadragesimo [1366–7] ad rogatum
et assensum predictorum Thome atte Noket et Gilberti de Hoo ad testificandum de premissis tempore futuro.
[m. 16. ? Nov. 1365.]
528. The prior of St. Bartholomew de Westsmethefeld complains that the
water from the houses of Roger Lachebrok and Margaret his wife adjoining his in the par. of All Hallows de Honylane, falls in rainy weather upon
his land to a length of 167 ft., and that they have two doors and twenty
windows below the height of 16 ft. from the ground, opening on to his land,
through which they and their tenants see the private business of his
tenants, and a solar of which the jetties overhang his land to a length of
32 ft. 2 ins. and a width of 2 ft. Simon de Mordon and John de Mitford,
formerly sheriffs, returned elsewhere that the defs. had been summoned by
John Herewardstok' and Simon de Leuesham. They come, and ask that the
prior's declaration (declaracionis) be read. Having heard it, they say that
they have muniments relating to their tenements which are not at present
to hand, and they are given a day to produce them on Fri. 21 Nov. 1365.
On that day the parties come. The defs. produce no documents, but answer
as tenants of the tenement in question. They say, protesting, that they do
not acknowledge the nuisances of which the prior complains, and cite an
assize brought against them by his predecessor, John, during the mayoralty
of John Stodeye, when the number of windows complained of was eleven
and not twenty, and the mayor and aldermen, having viewed the premises,
were unable to reach a conclusion, and so, on Fri. 19 Jan. 1358, declared
both parties to be sine die . They ask judgment whether, in consequence, the present pl. should be allowed an assize. The prior reaffirms that
there are now twenty windows, and asks that the additional nine be viewed
by the mayor and aldermen, with the masons and carpenters. He maintains
that the previous judgment ought not to exclude him from an assize as
regards the remaining nuisances, since it was not in conformity with the
plea of either party (eo quod in se totaliter extitit repugnans et non
referebatur nec extitit conformis placito alicuius partis parcium predictarum, set predicto placito totaliter impertinens fuit et aliena). Moreover,
in the earlier proceedings, Prior John, in challenging the right of way of the
defs. on the land between their tenements, had expressly and without
contradiction claimed it as his own, so that they were not entitled to any
easements thereon unless they could show a specialty, [m. 16d.] He argues
further, that in any judgment rendered in accordance with right and
reason, by which a person is finally excluded from an action, either the pl.
must acquire or recover something, and the def. be in mercy for an unjust
defence, or the def. must retain what he holds and the pl. be in mercy for a
false plaint (quia in omni iudicio secundum formam iuris et racionis
reddito per quod aliquis ab accione sua finaliter exclùderetur, requiritur ut
pars conquerens aliquid adquirat sive recuperet per suam querelam et
defendens pro iniusta defencione in misericordia, aut quod defendens
teneat pacifice quod prius tenuit et idem conquerens pro iniusta prosecucione sive querela in misericordia), and since in the previous proceedings
this principle was not observed, the judgment (consideracio) amounted to
no more than an adjournment (discontinuacio) until the mayor and aldermen should have deliberated more fully on the matter. He therefore asks
that a view be now made with the assistance of the masons and carpenters.
After adjournment until Mon. 1 Dec. 1365 that the mayor and aldermen
may be more fully advised, the prior comes. Roger de Lachebrok makes
default, but Margaret is admitted to plead. She says that John Douuegate,
late citizen, formerly held the tenements concerning which the nuisances are
alleged, with all the appurtenant easements, and that she is his kinswoman
and heiress, viz. the daughter of Thomas, the son of Joan, the daughter of
John, to whom John devised the tenements in fee tail. The pl., protesting,
refuses to acknowledge the entail or to recognise the def.'s claim to the
easements unless she can produce a specialty, and demands that, since the
action is one of nuisance, in which no free tenement is in question, an
assize be held and the nuisances removed. After further adjournments the
parties come on Sat. 13 Dec. 1365. Margaret refuses to admit the nuisances,
but says that the land between her tenements and those of the pl. is a lane
(venella), which has existed from time out of mind, and by which she and
her ancestors and those whose estate she holds have always enjoyed free
access to Chepe, and to her kitchen, which opens upon the lane; and in it all
the other tenants and lessees dwelling there, and merchants buying and
selling their wares have enjoyed a like easement. She says further that the
doors and windows complained of open upon the lane, and the rainwater
from her tenements flows through it into Chepe, and her jetties extend into
the middle of it, and that rebuilding and repairs are undertaken by tenants
when necessary. She asks judgment whether the pl. is entitled to an assize.
[m. 17] The prior, protesting, maintains that what Margaret calls a lane in
common use is in fact parcel of his own land, which, as his deeds clearly
show, and as she does not deny, adjoins immediately her own, and declares
that, according to the law and custom of the City, easements which cause a
nuisance to another, even if in existence long before the purchase of a
tenement, or continuously enjoyed from time out of mind, are void unless
a specialty can be shown. He therefore demands that the nuisances of
which he complains be viewed and removed. The def. denies that the lane is
parcel of the pl.'s tenement, and that the custom of the City is as alleged,
and asks judgment since the pl. does not deny that she, her ancestors and
those whose estate she holds have enjoyed the use of the lane and the other
easements time out of mind. The proceedings are adjourned until Mon.
19 Jan. 1366 that the court may be more fully advised, [m. 17d.] There
follow numerous other adjournments until Fri. 16 Oct. 1366, when Richard
de Olneye, the def.'s attorney, reports that she has died. It is therefore
adjudged that the pl. take nothing for his plaint, and be sine die.
[m. 18] Fri. 22 Jan. 1367. John Lovekyn, mayor, Adam Fraunceys, William
Halden, William Welde, Stephen Cavendyssh, John de St. Albans, William
de Tudenham, aldermen, and John Warde and Thomas atte Leye, sheriffs.
529. Assizes between the prior of St. Bartholomew de Westsmythefeld,
pl., and John atte Harpe, 'brewere', and between the same John, pl., and
the same prior, respited. [Margin: Concordati sunt.]
530. Assizes between Simon de Pystoye and Emma his wife, pls., and the
prioress of St. Helen's, and the same prioress, pl., and Simon Lumbard,
spicer, and Emma his wife, respited.
Fri. 29 Jan. 1367. John Lovekyn, mayor, Adam Fraunceys, Stephen Cavendyssh, William Halden, William Welde, William de Tudenham and John de
St. Albans, aldermen, and John Warde and Thomas atte Leye, sheriffs.
531. Thomas, prior of the hospital of St. Mary without Bysshopesgate,
def., essoins himself against William de Sandford, clerk, by William atte
Purre. Robert de Wachyngton, pl.'s attorney. [Margin: Concord'.]
532. William Bedel, cordwainer, and Joan his wife, defs., essoin themselves
against William de Sandford, clerk, by William atte Purre.
533. John Limare, William Stodle, rector of St. Benet beside Pauleswharf,
Thomas de Morle, John de Somerton and Stephen Stanard, parishioners,
defs., essoin themselves against Robert de Draycote, prior of the new
hospital of St. Mary within Crepulgate, by William atte Polle.
Wed. 31 Mar. 1367. John Lovekyn, mayor, Adam Fraunceys, William de
Halden, John Pecche, John de Mitford, Simon de Mordon, William Welde
and Bartholomew Frestlyng, aldermen.
534. Report [French] to the mayor and aldermen by Richard atte Celer and
John Cook, appointed arbitrators (nounpiers) in a dispute between Robert
Gille and John Lyterworth concerning a gutter (gotere) leading from a well
(fountaigne) which they share and are jointly bound to repair, in accordance with an indenture made between them. The parties agree that Robert
shall make the outlet (fra le issue) and undertake the repair of the gutter
leading (issant) from the well on to John's land and into the street in the
par. of St. Andrew upon Cornhull, carrying out the work well and
competently (convenablement) in all respects at his own expense, whenever
necessary, so that in future John shall suffer no damage or inconvenience
(greve) through his default. The agreement is enrolled at the request of the
parties and the arbitrators.
[m. 18d.] Fri. 26 Nov. 1367. James Andrew, mayor, Adam Fraunceys,
William de Halden, William Welde, Stephen de Cavendyssh, John de Bernes,
William de Tudenham and Simon de Mordone, aldermen.
535. James de Thame essoins himself against Bartholomew de Castre,
goldsmith, by William Russe.
Fri. 3 Dec. 1367. James Andrew, mayor, John Lovekyn, Adam Fraunceys,
John Wroth, William de Halden, Simon de Mordon, John Lytle and William
de Tudenham, aldermen, etc.
536. The commonalty complain by John de Wentebrigg, common serjeant,
that Agnes relict of William de Leyre has a solar in the par. of All Hallows
the Less in Douuegate ward which overhangs the king's highway by 23 ft.
in length and 10 ft. in width, gravely impeding the people living there, and
the common folk passing along the street, and preventing the neighbours
from carting hay and straw and other victuals to their tenements. The
sheriffs testify that the def. has been summoned by Nicholas de Snypston
and William Cavel, but she makes default. The mayor and aldermen,
having viewed the premises, give the pl. a day at Guildhall on Sat. 11 Dec.
to hear judgment. On that day he appears in the Chamber, in the presence
of James Andrew, mayor, William de Halden, John de Stodeye, Stephen
de Cavendyssh, Bartholomew de Frestlyngg, Simon de Mordon, Walter
Forster, John Chychestre, William de Tudenham, John de St. Albans,
John Lyttle and Richard de Croydon, aldermen, John de Tornegold,
alderman and sheriff, and William Dykeman, sheriff, and the record and
process having been read, it is adjudged that within 40 days etc. the nuisance
be wholly removed, according to the terms of the statute of buildings (iuxta
formam statuti editi de edificiis). The sheriffs are ordered to warn the def.
Afterwards, on 17 Feb. 1368, they reported that they had caused the
nuisance to be removed in accordance with a mandate directed to them.
[Margin: Amocio nocumenti per vicecomites.]
537. [m. 19] Thomas Whytcherch and William Whetele, tawyers, complain
that the same Agnes has a solar in the same par. which overhangs their
land to a length of 16 ft. and a width of 7 ins. so that they cannot build
their house upright (linialiter in altitudine). The sheriffs testify that the
def. has been solemnly summoned upon the land where the nuisances are
alleged to be, by Nicholas de Snypston and William Cavell, but she makes
default. The mayor and aldermen, having viewed the premises, give the
pls. a day at Guildhall on Sat. 11 Dec. to hear judgment. On that day, in the
presence of the mayor and aldermen [as in 536] they appear, and it is
adjudged that within 40 days etc. the nuisance be wholly removed. The
sheriffs are ordered to warn the def. accordingly.
Afterwards, on 17 Feb. 1368, they reported, as above, that they had caused
the nuisance to be removed. [Margin: Amocio nocumenti per vicecomites.]
[m. 19d.] Fri. 28 Apr. 1368. James Andrew, mayor, the aldermen and
538. The abbot of Cirencester, def., essoins himself against John atte Seler
and Alice his wife by William atte Polle.
539. William la Zouche of Haryngworth, kt., def., essoins himself against
Richard de Penbrigg, kt., by William Russe. (fn. 2)
Fri. 5 May 1368. James Andrew, mayor, the aldermen and sheriffs.
540. John de Cornewayll, 'glovere', and Collecta his wife, defs., essoin
themselves against John de Dunton by William Posse.
541. William Bonet, 'wodemongere', and Christine his wife, defs., essoin
themselves against Alice relict of Simon de Worstede by the same.
Fri. 16 June 1368. James Andrew, mayor, and the aldermen.
542. Emma relict of Simon le Spicer, lumbard, def., essoins herself against
Margery de Honylane, prioress of St. Helen's, by William Posse.
543. Assize between Edward Sende, 'smyth', pl., and John Kempeseye,
Fri. 30 June 1368. [No entry.]
544. Thurs. 27 July 1368, Adam Chippenham, parson of St. Clement
Candelwykstrete, presented a bill in the following terms: As mair et
Recordour de la Citee de Londres monstrent Adam Chippenham persone
del esglise de Seint Clement ioust Candelwykstrete en Londres et les
parochiens de mesme lesglise, que come Roger de Depham devisa certains
tenementz en la dite paroche as mair aldermans et commonalte de la dite
Citee a eux et a lour successours a touz iours, queux tenementz sont
edifiez od ij gettez chescun parmont altre, pendantz outre la esglise et le
cymiter de mesme la esglise a graunt anoysaunce de les persone et parochiens avantditz, dont pur dieu et en amendement de le alme avantdit
Roger ils prient remedie.
After the mayor and aldermen had viewed the premises, and taken counsel
among themselves and discussed the matter (habito . . . colloquio) with
the complainants, the latter agreed that the tenement should remain in
perpetuity as at present, and released and quit-claimed, for themselves and
their successors, all actions, plaints and demands concerning it. The mayor,
aldermen and commonalty in their turn undertook to provide the parson
and parishioners yearly from the Chamber, by the hands of the chamberlain, with two torches (torcheas) of new wax, weighing 24 lbs., on the vigil
of the Assumption, to burn at the elevation of the Body of Christ, and on
appropriate occasions (temporibus opportunis) when the Lord's Body is
carried (pro baiulacione) through the parish, as long as the tenement
remains in their hands.
[m. 20] Fri. 6 Oct. 1368. [Essoins only.]
Fri. 20 Oct. 1368. James Andrew, mayor, and the aldermen and sheriffs.
545. Alice relict of John Deynes complains that William Dykeman,
'ismongere', and Idonea his wife have a tenement in the par. of St. Olave
in Old Jewry, in Lovelane, over against (erga) hers on the north side,
consisting of two storeys, of which the second, in front, on the west side of
the lane extends for a width of 5 ins. beyond the middle of the lane and
continues, gradually diminishing (particulariter dimuendo) for 21 ft.
towards the east side, so that the pl. cannot build her tenement on the
south side of the lane by reason of the overhang. The defs. come in person
and say that they have muniments bearing upon the matter, and are given
a day to produce them on Fri. 3 Nov. After adjournment the assize comes
on the land on Fri. 17 Nov. by Simon de Mordon, mayor, William de
Halden, John de Stodeye, James Andreu, William Welde, William de
Tudenham and John de Mitford, aldermen, and Adam de Wymondham
and Robert Gurdlere, sheriffs. The pl. appears by her attorney, Robert
Creswyk. William Dykeman makes default. Idonea comes prepared to
answer and is admitted to plead in defence of her right, but she says nothing
to delay the assize. After viewing the premises the mayor and aldermen
find that the allegations of the pl. are correct, and it is adjudged that the
nuisance be removed within 40 days etc. The sheriffs are ordered to warn
the defs. accordingly.
Fri. 27 Oct. 1368. [Essoin only.]
[m. 20d.] Fri. 3 Nov. 1368. Simon de Mordon, mayor, Adam Fraunceys,
William de Halden, James Andrew, William Welde, aldermen, and Adam
Wymondham and Robert Gurdlere, sheriffs.
546. Adam Chipenham, parson of St. Clement in Estchepe, Thomas
Clench and John Pope, parishioners, complain that Christine Pekham has
a house with a jetty which overhangs the churchyard for a length of 15 ft.
and a width of 2 ft., with two gutters (stillicidia) projecting for 2½ ft.
beyond the jetty (pendent ultra predictum geticium in cemiterio predicto)
from which the rainwater falls upon the churchyard. The sheriffs testify
that the def. has been summoned by Thomas de Same, 'taillour', and
William atte Watere, 'bocher', but she makes default. The mayor and
aldermen view the premises, but wishing to be more fully advised, give the
pls. a day at Guildhall on Fri. 17 Nov. On that day the assize comes by the
mayor, aldermen and sheriffs [as in 545] and it is adjudged that within 40
days etc. the nuisances be removed. The sheriffs are ordered to warn the
Fri. 10 Nov. 1368. [Respite only.]
Fri. 24 Nov. 1368. [No entry.]
[m. 21] Fri. 22 Dec. 1368 and Fri. 5 Jan. 1369. [Essoins only.]
Fri. 19 Jan. 1369. Simon de Mordon, mayor, William Halden, William Welde,
William de Tudenham, John de St. Albans and John Mitford, aldermen, Adam
Wymondham and Robert Gurdler, sheriffs.
547. John de Wentbrigge, common serjeant, complains on behalf of the
commonalty that Geoffrey Marchal has built a forge (fabricam) in the par.
of St. Michael de Hoggenlane in Wodstret in the public highway, which is
greatly narrowed thereby, and a pentice above it, so that laden horses and
carts and horsemen and persons carrying burdens cannot pass without
difficulty, as they were formerly accustomed to do. The def. comes in
person, but says nothing to delay the assize. The mayor and aldermen,
having viewed the site, adjourn the proceedings until Mon. 22 Jan. On
that day the def. makes default, but the record and process having been
read in the presence of the mayor, William Halden, recorder, William
Welde, John Lytle, William Tudenham, John Tornegold, Bartholomew
Frestlyng and John Mitford, aldermen, it is adjudged that within 40 days
etc. the nuisance be removed. The sheriffs are ordered to warn the def.
548. [m. 21d.] John Beaufront, 'wolmongere', and Margery his wife complain that the same Geoffrey Mareschal of Wodestret has built a forge in
the public highway with a pentice above, so that scarcely any daylight can
penetrate their shop, and the craftsmen (artifices) who used to carry on
their trade and craft (artificum et misterum) there can no longer see to do
so. The def. comes in person. [Remainder as in 547.]
549. John Haukyn complains that the rainwater from the house of Alice
relict of William de Bury, late citizen and draper, in the par. of St. Botolph
without Algate, falls upon his garden, so that the vines (vites) and other
plants (herbe) there, which used to grow and bear fruit, are withered
(arescunt) and barren (fructum proferre nequeunt); and she has six
windows below the height of 16 ft. from the ground opening on to his
garden, through which her tenants can see his private business and that of
his tenants. The def. comes and claims to have muniments bearing on the
matter, and is given a day on Fri. 16 Feb. when the def. essoins herself by
James Posse, who is ordered to produce his warrant at the quindene [Fri.
2 Mar.]. After further adjournment until Fri. 16 Mar. the parties come,
but the def. says nothing to delay the assize. Since the mayor and aldermen
find by view that the pl.'s allegations are correct, it is adjudged that the
nuisances be removed within 40 days etc. and the sheriffs are ordered to
warn the def. to block up the windows, and to make a fillet-gutter
(filettum) to carry off the rainwater on to her own land or into the street.
Fri. 2 Feb. 1369. Assize adjourned.