[Fr. F. 2x] (fn. 2) Sat. 20 Jan. 1442. Assize of fresh force. William Coumbys and
Richard Rich, sheriffs. Coroner absent.
254. Walter Strykland, esquire, and Isabel his wife complain that Robert
Clopton, citizen and alderman, John Levyng, citizen and ironmonger, and
Ellen his wife disseised them of 5 marks rent in the par. of St. Benet Graschirche, post primam etc. Robert Clopton, by Thomas Hernyng his attorney,
says that the tenements from which the rent is alleged to issue comprise two
messuages and two shops, whereof he answers as tenant for the two shops and
for the messuage formerly belonging to Gilbert de Colchester; but he says that
these are outside the pls.' fee. John and Ellen, by the same Thomas their
attorney, answer as tenants of the remaining messuage, called 'le Shippe on the
Hoop', and say likewise. The pls., by William Blyton their attorney, say that
Walter Gaispore, weaver, was sometime seised of the rent from the messuages
aforesaid, with the right to distrain for arrears, and by deed dated Sun.
11 Jul. 1316 granted the same to Fulk his brother, citizen and woolmonger,
under the description of 5 marks rent from the tenements sometime belonging
to Gilbert de Colecestre and John Tailor (Cissoris) in the par. of St. Benet
Graschirche, which rent Serlo son of Richard, brother of William, father of
Walter Gaispore, was accustomed to receive. Fulk, being duly seised of the
rent, by attornment of John Horne, then tenant of the tenements in question,
by deed dated Sat. 19 Oct. 1325 and enrolled in the Husting (fn. 3) on Mon. 13 Mar.
1329, granted it to Richard de Hakeney, citizen and woolman. In virtue of
this grant, which being enrolled is of the same effect as a fine at common law,
Richard was duly seised of the rent in question, and from him it descended to
Isabel, wife of the pl., as his kinswoman and heiress, viz. the daughter of John
Olney, son of Richard's daughter. In her right the pls. were duly seised of the
rent until the defs. refused payment. The def. Robert denies that Walter
Gaispore was ever seised of more than 13s. 4d. rent from the premises in
question and says that he is not guilty of any disseisin in respect of that sum.
The other defs. say likewise. After repeated adjournments the parties come.
The def. John makes default, but his wife is admitted to plead in his stead.
She denies the disseisin. After further adjournment the assize comes and
returns a verdict for the defs., who are therefore sine die. (fn. 4)
Endorsement: [Record] brought in by John Wilton, undersheriff, on [? 10]
Sep. 1442.
[Fr. F. 1x] (fn. 5) Sat. 2 Dec. 1441.
255. In the Husting of Common Pleas on Mon. 16 Oct. 1441 Robert Whytingham, Thomas Stokdale, John Norman and John Ulveston bring a plaint of
intrusion against Amaury Matany, citizen and draper, concerning their free
tenement in the pars. of All Hallows Bredstrete, St. Nicholas Oluf beside
Oldefisshstrete, St. Augustine on London Wall and All Hallows on London
Wall. Thomas Cressy, Ralph Say, John Attewater, William Rede, John
Person, John Rokley, summoners. (fn. 6)
John Mordon, attorney for the pls. (fn. 7)
William Bliton, attorney for the def. (fn. 7)
The pls. complain that the def. disseised them of five messuages and £5 11s. 4d.
rent in the pars. aforesaid, post primam etc. The def., by attorney, denies the
disseisin. The assize comes by William Elfham, Thomas Norwode, Rowland
Caundyssh, Richard Panter, John Hewet, John Derk, William Gosley, John
Teukesbury, Thomas Carter, John Burveyn, John Danyell and John Stywarde.
The jurors say that John Walcote, late citizen and freeman, was seised of the
tenements and rents in view, of which rents £3 are chargeable upon a messuage
called 'le Whyte Bole super le hope' in the par. of All Hallows Bredstrete;
38s. upon another messuage in the same par. held by the master and scholars
of the college of St. Martin at Oxford; and 13s. 4d. upon a messuage called
'le Unicorne super le Hope' in the par. of St. Nicholas; and in his will (fn. 8) he
devised them to Christine his wife for life, the reversion to be sold by his
executors and the proceeds employed for pious uses. After the testator's death
his widow, by deed enrolled in the Husting (fn. 9) on Mon. 25 Jan. 1412 and dated
5 Dec. 1411, granted her estate in the tenements and rents to Walter Colshill,
grocer, and John Palyng, goldsmith, citizens. Afterwards Christine with
Bertram Walcote and Thomas Bricet, the other executors of her husband's
will, sold the reversion by deed dated 20 Jan. 1412 and enrolled in the Husting (fn. 10)
on Mon. 8 Feb. 1412 to Walter Gawtron, son of John Gawtron, citizen and
draper, and Joan his wife. After Christine's death Walter and Joan duly
entered upon the premises, and were seised thereof in virtue of the sale, and
from them they descended to William their son, who died without issue, and
without any heirs on his father's side. The rents and tenements accordingly
passed to John Marschall, son of Joan, sister of Agnes, Walter's mother, who
by his deed dated [30 May 1438] and enrolled in the Husting (fn. 11) on 19 Jun. 1441,
granted the same for a yearly rent of 10 marks to Richard Nevill, earl of
Salisbury, Robert Whityngham, Ralph Holand and Thomas Sutton, aldermen, Christopher Baynton, William Ayscoghe, Thomas Stokedale, Robert
Danby, Thomas Wytham, John Norman, citizen and draper, John Ulvestone
and William Stokdale, citizen and draper. (fn. 12) Verdict for pls.
Endorsement: This record brought in by John Wilton, undersheriff, to the
Husting of Common Pleas on Mon. 27 Jan. 1449. Wylton.
[Small Suits 4.21] (fn. 13) Sat. 12 Jan. 1443. Richard Nordon and Thomas Beaumond,
sheriffs. Coroner absent.
256. Richard Person, citizen and armourer, complains that John Belle, prior
of the hospital of St. Mary Elsyngspitell within Crepulgate, disseised him of
26s. 8d. rent in the par. of St. Lawrence Jewry, post primam etc. The def., in
person, says that the assize does not lie because the tenement from which the
rent is alleged to issue comprises three messuages: concerning the rent from
one of these he denies the disseisin; concerning the rent from the other two
messuages he answers as tenant and says that they are outside the pl.'s fee.
The pl. says he ought not to be precluded from the assize because John
Cristian, late citizen and glover, was seised of one tenement, which now
constitutes the three messuages, and that by deed dated Fri. 16 Apr. 1316,
enrolled in the Husting of Pleas of Land (fn. 14) on Mon. 14 Jun. 1316, and produced
in court, he granted to John de Prestone, citizen and girdler, a rent arising
from it, described as 2 marks annual free and quit-rent which Mariota, wife
of John Cros, late citizen, and mother of John de Prestone, used to receive
annually, arising from a tenement which was once Christian le Boqueler's,
father of John Cristian, and which John Cristian had by the grant of John de
Prestone, in the lane and par. of St. Lawrence Jewry. John de Prestone in his
will (fn. 15) devised the same to Maud his wife. (fn. 16)
[Fr. F. 3x] (fn. 17) Sat. 23 Feb. 1443.
257. By a plaint of intrusion in the Husting of Common Pleas on Mon.
21 Jan. 1443.
Reginald, prior of St. Bartholomew in Westsmythefeld, complains that John
Olney, alderman, Geoffrey Feldyng, Geoffrey Boleyn, John Burton and
Thomas Batell, citizens and mercers, disseised him of a messuage and a plot
of land measuring 96 × 30 ft. in the par. of St. Martin Oteswyche, post primam
etc. The pl. appears by John Mordon his attorney. John Olney as joint
tenant, with the other defs., of the tenements in view, says that by letters
patent (fn. 18) dated 13 Jan. 1392 and produced in court Richard II granted to the
men of the mystery of Mercers the privilege of incorporation, with the right
to acquire lands etc. to the yearly value of £20, provided their acquisition
should be proved by inquisition not to be to the damage of the Crown or of
any of the citizens. In virtue of these letters patent John Shadeworth, Richard
Northbury, Nicholas Walsyngham and Alan Everard were elected on 29 Aug.
1395 wardens of the mystery and during their term of office John Wodecok,
William Cressewyk and Denis Lopham granted them, by royal licence (fn. 19) dated
11 Apr. 1397, which is produced in court, three messuages and eight shops
with cellars and solars in the par. of St. Martin Oteswyche in Bisshopesgate
ward. In virtue of this grant the wardens were duly seised of the premises, as
were their successors, John Olney, Geoffrey Feldyng, Geoffrey Boleyn and
John Burton, elected wardens on Sun. 17 Jun. 1442. He asks judgment because
he is not named as warden in the bill. Alternatively he denies the disseisin.
Feldyng, Boleyn and Burton say that the assize does not lie, because John
Westwode was formerly seised of the premises in view, which descended from
him to William, his son and heir, whose estate the defs. now enjoy. They
say that the pl. entered upon their possession and ejected them, claiming in
virtue of a demise for life by John Westwode, and upon his possession there
entered in turn David Grey, upon whom the defs. re-entered as they were
entitled to do. The pl., replying, says that after the death of John Westwode,
Adam de Canefeld with Richard Claveryng was seised of the premises in view
and granted them, with other tenements, to John, predecessor of the present
prior, and John and Reginald were in turn seised thereof as of the right of
their priory, until disseised by the defs. He produces letters patent (fn. 20) dated
4 May 1437 pardoning all acquisitions made in mortmain without the royal
licence. Thomas Batell says that the pl. was never seised of the premises in
question nor of any parcel thereof, or alternatively that no one is named as
disseisor in the bill. The assize comes by John Steward, William Mower, John
Burveyn, Nicholas Marchall, William Serle, John Sampson, John Oswell,
Richard Langton, John Humber, Michael Domy, John Bracy and John
Luttour. Verdict for the defs. Pl. in mercy. (fn. 21)
Endorsement: This assize is brought in by Burgoyn, undersheriff, on 31 Jul.
1443. Assize(s?) of the time of 21 Henry VI [1442–3].
[Fr. F. 4x] (fn. 22) Sat. 24 Nov. 1442.
258. Adrian Grome complains (fn. 23) that William Strenger, Henry Fereby, Simon
Sely, John Charterys, John Pery, John Haselton, Thomas Harlowe and Hugh
Caundissh disseised him of divers messuages in the par. of St. Giles without
Crepulgate, post primam etc. Strenger, Fereby, Sely, Charterys, Pery and
Haselton appear by John Mordon their attorney and Harlowe and Caundissh
by William Blyton their attorney. Strenger says that the assize does not lie
because the pl. is an alien, born at Brugges in Flanders, and is one of the
king's enemies. Fereby, Sely, Pery, Haselton, Harlowe and Caundisshe
answer as tenants of the tenements in view, and deny that Strenger and
Charterys had any interest in the premises at the date of the suing-out of the
bill. They deny the disseisin. Charterys answers as sole tenant, and denies that
the other defs. named have any interest in the premises, and says that the pl.
had no free tenement in the same, within the period of limitation, of which he
could have been disseised. The pl. answers to the first exception that Henry VI
by letters patent (fn. 24) dated 26 Apr. 1440 granted inter alia that during his lifetime
he should enjoy the privileges of a true liegeman, in respect of litigation, landtenure and civic liberties, on condition of the performance of liege homage
and the payment of scot and lot and other dues and charges; and that he duly
performed liege homage to the king at his manor of Shene and paid his just
dues. He says further that he was seised by the same letters patent of a brewhouse called 'le Swanne' and nine cottages with shops, solars and gardens
lying between the tenements formerly belonging to Philip de Aylesbury, kt.,
on the north, and the land formerly belonging to Alice Litlyngton on the
south, and Redcrouchstrete and the tenement of the same Philip and other
tenements formerly belonging to Stephen de Stamerford on the east; and one
tenement with shops, solars and gardens in the same street lying between a
tenement formerly belonging to Richard Grome, alias Richard de Totenham,
citizen and currier, on the north, and a tenement formerly belonging to
William Numan, citizen and currier, on the south; but he was disseised of the
same by the defs. The assize comes by William Taverner, Richard Kilfole,
Henry Southewell, John Werke, John Tewkesbury, John Parker, John
Toucestre, Henry Otwere, William Underhill, John Bracy, John Humbre
and Thomas Holme. Verdict for the pl. Damages are assessed at 21 marks
6s. 8d. and are trebled, in accordance with the statute. (fn. 25) It is ordered that the
defs. be taken, since the disseisin was done by force and arms.
[Fr. F. 5x] (fn. 26) Sat. 20 Feb. 1445. Stephen Forster and Hugh Wyche, sheriffs.
Coroner absent.
259. By a plaint of intrusion in the Husting of Pleas of Land on Mon.
16 Nov. 1444. (fn. 27)
William Blyton, attorney for the pls. (fn. 27)
Richard Coksete of Rouchestre and Joan his wife complain that Maud Rose,
widow, disseised them of a messuage in the par. of St. Magnus the Martyr.
The def. makes default. The assize comes by Richard Malt, John de Vache,
Thomas Legette, William Berkyng, Ralph Mark, John Lytelton, John Langwyth, William Downe, Richard Chaloner, Geoffrey Capron, Richard Horn
and Richard Lumley. Verdict for the pls. Triple damages awarded.
Panel of jurors. (fn. 27) [The names of those who were not sworn are as follows:]
John Feld, Thomas Thornton, Thomas Danham, John [Walker ?], William
Marowe, John Dolle, John Dedham, William Aylef, John Lane, Robert
Edoff, Robert Acreman, Andrew Reynewell, Roger Eston, Robert Teste,
John Flete, Peter Pope.
[Fr. F.6x m.1] (fn. 28) Sat. 19 Mar. 1446. Geoffrey Feldyng and John Derby, sheriffs.
Coroner absent.
260. By a plaint of intrusion in the Husting of Pleas of Land on Mon.
7 Feb. 1446.
Richard Granger, rector of St. Pancras, William Herdwik and William
Brampton, formerly churchwardens, complain that Henry, son of William
Gynnore, alias Joynour disseised them of 8s. rent in the par. of St. Martin in
Bowyrrowe, post primam etc. The pls. appear by William Clon their attorney.
The def., by Thomas More, says that the tenement from which the rent is
alleged to issue is a corner tenement, formerly a forge. He denies the disseisin.
The pls. say in support of their title that John son of Stephen de Colewell was
formerly seised of the rent, with power to distrain for arrears, and by deed
dated Mon. 16 Aug. 1311 granted it to William de Caustone, citizen and
mercer, who was duly seised thereof by attornment of master Walter Mareschall, then tenant of the premises upon which the rent is chargeable. From
William it descended to Isabel, his kinswoman and heiress, who by her deed
dated 3 Nov. 1406 and enrolled in the Husting (fn. 29) on Mon. 22 Nov. 1406
granted it to Alan Everard, Nicholas Hamme, mercer, and Richard Style,
jun., fishmonger, citizens. Afterwards Nicholas and Richard died, leaving
Alan in sole possession. Alan in his will (fn. 30) devised the rent to the pls. with other
rents and tenements. After the testator's death the pls. were duly seised of the
same until the def. refused payment. The assize comes by John Layner,
William Elsham, William Rawlyn, John Leche, Thomas Godeman, Richard
Cok, Robert Couper and [ ] Benton. (fn. 31) Verdict for the pl. Eight years'
arrears, damages and costs, £4 4s. Def. in mercy.
[m.1d.] Endorsement: This record is brought in by Thomas Billing, undersheriff of William Hulyn, on 28 Sep. 1450.
[Fr F. 6x, m.2] (fn. 32) [1446]. (fn. 33)
261. In the Husting of Common Pleas on Mon. 20 Jun. 1446 Richard
Graunger, rector of St. Pancras, William Brampton and William Herdwyk,
formerly churchwardens, bring a plaint of intrusion against William Radclyffe, rector of St. Michael le Querne, Thomas Gresham and Thomas Pye,
churchwardens. John Werk and John (?) Maplesden, summoners. (fn. 34)
John Mordon attorney for the defs. (fn. 34)
William Bliton attorney for the pls. (fn. 34)
The pls. complain that the defs. disseised them of 10s. 2¾d. quit-rent in the
par. of St. Michael le Querne, post primam etc. The defs., by attorney, answer
as tenants of the two messuages from which the rent is alleged to issue, but say
that these are outside the pls.' fee. The pls., by attorney, say in support of
their title that John de Ely, marshal, and Agnes his wife, daughter of William
de Harowe, were seised of the rent in Agnes's right, with right to distrain for
the same, and by their deed enrolled in the Husting (fn. 35) on Mon. 8 Nov. 1316
granted it to Walter de Aumbresbyre, citizen and goldsmith. Walter, being
duly seised of the rent, granted it by deed dated [Aug.?] 1324 to William de
Caustone, citizen and mercer, from whom it descended to Isabel, his kinswoman and heiress, viz. the daughter of William, son of Margaret, sister of
William. Isabel, under the name of Isabel, relict of Thomas Hochous of
Caustone, in Norfolk, granted the same rent by her deed enrolled in the
Husting (fn. 36) on Mon. 22 Nov. 1406 to Alan Everard, Nicholas Hamme and
Richard Style, and Alan, the last survivor of the joint tenants, devised it to
the pls., who were duly seised of it, until the defs. refused payment. The
assize comes and returns a verdict for the pls. Four years' arrears, damages
and costs £3 0s. 11d.; remitted by pls. Defs. in mercy.
Endorsement: [The record] is brought in by Thomas Burgoyn, undersheriff
of John Derby, formerly sheriff, on 18 Dec. [? 1454].
Panel of jurors: John Parker, (fn. 37) John Grene, John Leche, (fn. 37) William Couper, (fn. 37)
William Gatle, William Wright, (fn. 37) Richard Cok, Thomas Godeman, (fn. 37) John
Prynce, Lawrence Braunche, Thomas Talbroke, (fn. 37) Richard Vykery, (fn. 37) John
Cornyssh, John Teukysbury, (fn. 37) Robert Boteler, (fn. 37) Matthew Halle, Bartholomew
Bravisham, (fn. 37) William Walton, Richard Kilfole, (fn. 37) [? Richard Benton]. (fn. 37)
[H.C.P.R. 167 m.2] (fn. 38) Sat. 11 Feb. 1447. Robert Horne and Geoffrey Boleyn,
sheriffs. Coroner absent.
262. By a plaint of intrusion in the Husting of Common Pleas on Mon.
16 Jan. 1447.
William Okeborn, rector of St. Augustine, complains that John Croke,
gentleman, disseised him of 40s. rent in the par. of St. Dunstan in the East,
post primam etc. The def. makes default. The pl., by John Shipton his attorney, says that the tenement in view is nine messuages in Tourstrete,
formerly in possession of Nicholas Skulton, Thomas White, armourer,
Nicholas Waldern, draper, and Robert Bastewyk, citizens, who by indenture
dated 22 Nov. 1423 and enrolled in the Husting (fn. 39) on Mon. 22 Nov. 1423,
granted to Henry Barton, citizen, and Robert Skyren 40s. quit-rent arising
from tenements which they had by the release of Edmund Salle, citizen and
draper, and Katherine his wife, daughter and heiress of Joan Northburgh,
relict of John Northburgh, citizen and draper. After the death of Katherine,
Barton and Skyren were seised of the rent in question and Skyren, by deed
dated 12 Aug. 1432 released his right to Barton, who in his will (fn. 40) bequeathed
it to the pl. and to William Newenham and Richard Snedenham, churchwardens, who were then seised of it. After the death of Newenham and
Snedenham, the pl. was alone seised of it until disseised by the def. [m.3] (fn. 41)
The assize comes by Peter Pope, William Colyns, Richard Chaloner, Hugh
Trap, Henry Capron, Richard Broughton, John de Vache, Thomas Leget,
William Berkyng, Richard Lumley, William Landewath and Michael Domy.
Verdict for the pl. Five and a quarter years' arrears, damages and costs,
£11 16s. 8d. Def. in mercy.
[m.2d.] Endorsement: This record was brought in by Thomas Billyng, undersheriff, on 21 Aug. 1449. [m.3d. Blank.]
[m.1] Panel of jurors. [The names of those not sworn are as follows:]
[ ] Tye, John Payn, John Waryn, Richard Malt, William Bodvyle, John
Lane, William Walter, John Walden, Thomas Fulbourne, Walter Langrygge,
John Littelton, Robert Bertyn, John Langwyth, John Shopman, Richard
Frome, John Cromp, Stephen Grene.
Sat. 14 Oct. 1447. Thomas Scott and William Abraham, sheriffs. Coroner
absent.
263. [H.C.P.R. 167, m.7] In the Husting of Common Pleas on Mon. 5 Jun.
1447 William, Garter King of Arms, brings a plaint of intrusion against
Richard Dodde, barber, concerning his free tenement in the par. of St. Mary
Fanchirch. [m.7d.] Andrew Raynwell, William [Tymberton ?], summoners.
Richard Godfrey, serjeant.
[m.6] (fn. 42) The pl. complains that the def. disseised him of 20 messuages in the
par. aforesaid, post primam etc. The def. says that the assize does not lie because
Roger Moyne was seised of the 20 messuages and enfeoffed therewith John
Sabyn, clerk, William Wyther, chaplain, and John Wolsale[?]. John Sabyn,
citizen and draper, being seised of the messuages enfeoffed Henry Somer, who
was seised of them until disseised by William Wyther, clerk, who enfeoffed
John Smert, who enfeoffed William Garter, the pl., who was seised until
disseised by Richard Dodde, the def. Afterwards Henry Somer, by deed dated
31 May 1447 released all his right in the same to the def. The pl. denies these
allegations and says that Roger Moyne, citizen and draper, enfeoffed John
Sabyn, vicar of Longhope, Gloucestershire, William Wyther, clerk, John
Sabyn and John Wolsale[?], drapers; and William Wyther, the survivor of
them, enfeoffed John Halle, Thomas Fulthorp, Robert Whityngham, Richard
Bokelond, Lewis John, Ralph Barton, William Assh, Thomas Whityngham,
John Cromhale, John Fekenham and William Garnet. John Halle died and
the others, by deed dated 9 Jul. 1434 which is produced in court, released their
right in the same to Cromhale and Fekenham. Fekenham died and Cromhale
enfeoffed William Wyther, John Page, goldsmith, and John Smert, gentleman. Wyther and Page died and Smert enfeoffed William Garter, the pl.,
who was seised until disseised by the def. The pl. says further that William
Wyther did not disseise Henry Somer, as alleged by the def. The assize comes
and finds for the pl. Damages, costs, etc. £11 13s. 4d. Def. in mercy.
[m.6d.] Endorsement: This record of the assize was handed in by the hand
of Thomas Burgoyn on Sat. 26 Nov. 1457. (fn. 43)
Sat. 13 May 1447. Robert Horne and Geoffrey Boleyne, sheriffs. Coroner
absent.
264. [H.C.P.R. 167, m.4] (fn. 44) By a plaint of intrusion in the Husting of Common
Pleas on Mon. 13 Mar. 1447.
Richard Graunger, rector of St. Pancras, complains that Thomas Holme,
citizen and grocer, disseised him of 6s. 8d. rent in the par. of St. Mildred in
Poultry, post primam etc. The def. makes default. The pl., by William Bliton
his attorney, says that the tenement from which the rent is payable is called
'le Sarsynesheud' and was formerly in the possession of Elizabeth relict of
Robert Burley, citizen and mercer, who in her will (fn. 45) bequeathed to John
Wixton, rector of St. Pancras, and his successors, the rent of 6s. 8d. arising
from it. The pl. says that he was seised of the rent until disseised by the def.
The assize comes by Thomas Lyon, Walter Norwold, Edward Warmyngton,
William Smyth, John Routhe, William Pembrigge, Richard Frome, Richard
Thornbury, Richard Burdon, Richard Snowedon, William Allard and John
Teukisbury. Verdict for the pl. [m.5] (fn. 46) Damages, seven years' arrears, etc.
5 marks 3s. 4d. Def. in mercy. [m.5d. Blank.]
[m.4d.] Endorsement: [The record] is brought in by Thomas Billyng, undersheriff, on 29 Sep. 1450.
[Fr. F. 7x] (fn. 47) Sat. 18 Nov. 1447. Thomas Scotte and William Abraham, sheriffs.
Coroner absent.
265. In the Husting of Pleas of Land on Mon. 16 Oct. 1447 Reginald Colier,
prior of St. Bartholomew in Westsmythefeld, brings a plaint of intrusion
against Thomas Beaumond, citizen and salter. Ralph Hogman and Henry
Bell, summoners. (fn. 48)
The pl. complains that the def. disseised him of 10s. rent in the par. of All
Hallows in Bredstrete, post primam etc. The def., by John Jeny his attorney, (fn. 49)
says that the tenement from which the rent is alleged to be payable is a
messuage of which he is tenant, but he says that it is outside the pl.'s fee. The
pl., by John Mordon his attorney, (fn. 49) says that the rent in question is a rentservice, payable quarterly, of which he was seised by the hand of the def. as
tenant of the tenement in question; but when he took a piece of tin in the
messuage by way of distress because the rent was in arrears, the def. forcibly
recovered the same. The assize comes by Simon Chichely, Roger Holbech,
Robert Boteler, Thomas Goodman, William Taverner, Richard Kilfole, John
Werk, John Parker, John Polhille, Nicholas Drakes, John Popham and
Henry Marchaunt. Verdict for the pl. The jurors say that Hugh, a former
prior, was seised of the rent in the time of Henry III by the hand of John
Vielle, then tenant. Damages, etc. £8 6s. 8d. Def. in mercy.
Endorsement: This record is brought in by Thomas Burgoyne, undersheriff,
on 26 Mar. 1450.
Panel of jurors. (fn. 50) [The names of those who were not sworn are as follows:]
Thomas Oulgrene, Robert Vicary, John Teukesbury, Henry Steware, John
Cornyssh, Bartholomew Brevisham, Matthew Halle, William Crowe, Thomas
Style, Richard Cok, John Mapesden, John Grene.
[Fr. F. 12x] (fn. 51) Sat. 28 Jun. 1449. William Cantlowe and William Marowe,
sheriffs. Coroner absent.
266. In the Husting of Common Pleas on Mon. 10 Feb. 1449 Robert Hoddesdon, alias Barnet, brings a plaint of intrusion against Henry and Thomas
Somer. Stephen Grene and John Crompe, summoners. (fn. 52)
John Mordon, attorney for the pl. (fn. 52)
John Geny and Thomas More, attorneys for the defs. (fn. 52)
The pl. complains that the defs. disseised him of six messuages in the par. of
St. Mary de Wolchirchhawe, post primam etc. Henry answers as tenant of the
tenements in view, and says by his attorney that the assize does not lie because
John Wodhous, esquire, Robert Coton, citizen and draper, John Thomas,
Robert Whityngham, citizen and draper, Thomas Rolf, Thomas Aleyn,
citizen and mercer, and Thomas Herford, were formerly seised of the six
messuages and enfeoffed him therewith. He says that the pl. entered upon
them, claiming in virtue of a demise for life by John Wodhous and the others,
whereas nothing of the messuages ever passed to him under the demise
aforesaid. He was ejected by William Thomas, upon whose possession the
def. afterwards re-entered. Thomas Somer asserts that he, and not Henry, is
tenant of the tenements in view. He says that at the date of the suing-out of
the bill he held five of the messuages jointly with John Dunham, clerk, by the
feoffment of Robert Mildenhale and Thomas Mayister, and he asks judgment
because John Dunham is not named in the bill. Alternatively he says that the
pl. was never seised of the premises in view. The sixth messuage he claims
likewise to hold jointly with John Dunham. The pl. reiterates that he was
seised of the six messuages until disseised by the defs. to the use of Henry
Somer, who afterwards enfeoffed therewith persons unknown to the pl. so
that he should not know against whom to proceed; (fn. 53) but he says that Henry
has been in possession of the issues and profits from the date of the disseisin,
and is therefore the tenant in law. As to the plea advanced by Henry, the pl.
says that it is false, because the messuages in view were formerly held by John
Duram of Middlesex and Agnes his wife, in right of Agnes, sister and heiress
of Stephen atte Hall, and by deed enrolled in the Husting (fn. 54) on Mon. 14 Oct.
1392 they enfeoffed therewith Edmund Hoddesdon, citizen and mercer, and
Margery his wife, who died without issue. From Edmund the premises
descended to Robert, the present pl. The def. Henry asks that the assize be
taken between them concerning a moiety of the six messuages: and this
having been agreed upon, he says that Edmund Hoddesdon was seised of the
remaining moiety of the six messuages, and enfeoffed therewith Thomas
Preston, clerk, Henry Julyan, John Caundisshe, Robert Bever and William
Crane, whose estate in the same passed to John Wodhous, Robert Coton,
John Thomas, Robert Whityngham, Thomas Rolf, Thomas Aleyn and
Thomas Herford, who enfeoffed therewith the def. The assize comes by John
Bracy, John Petresfeld, John Acres, Edward Warmyngton, William Pembrigge, Richard Snowdon, Richard Burdon, Richard Thornbury, William
Allard, John Shopman, William Smyth and Stephen Grene. Verdict for the
pl. Damages and costs, £23 6s. 8d. Defs. in mercy.
Endorsement: This record is brought in by Roger Byrkes, undersheriff of
Richard Alley, sheriff, on 26 May 1453.
Panel of jurors. (fn. 55) [The names of those not sworn are as follows:] Walter
Norwold, John Lounde, Henry Hale, William Underhille, Thomas Halkkyn,
William Walter, William Gylbert, John Stokker, Robert Botiller, Nicholas
Marchalle, John Styward, Robert Bertyn.
[Fr. F.8x] (fn. 56) Sat. 11 Nov. 1447. Thomas Scot and William Abraham, sheriffs.
Coroner absent.
267. John Mordon, Thomas Smyth, Richard Elmesley and John Walpole,
attorneys for Robert Cawode. John Rede, attorney for the defs. Robert
Cawode and John Mordon complain that John Santon, gentleman, and
William Mody, mason, disseised them of two messuages in the par. of St.
Botolph without Aldrychegate. John Santon, by attorney, answers as tenant
of one of the messuages in view, called 'Santon's tenement'. He says that the
assize does not lie, because John Bradmore was formerly seised of the messuages, which descended from him to Nicholas his son and heir, whose estate
the def. now holds. The pls. entered upon his possession, claiming under a
deed of feoffment of John Bradmore, whereas nothing of the messuage
passed to them in virtue of any such deed. Upon their possession David
Donne entered, upon whom the def. re-entered as he was entitled to do. The
second messuage he says is situated in 'le Berbycan' but that no tenant thereof
was named at the suing-out of the bill. Alternatively he says that the pls.
never had any rights therein of which they could be disseised; or alternatively
he denies the disseisin. William Mody, by attorney, answers similarly. The pls.
say that as far as Santon's tenement is concerned it is true that John Bradmore
was once seised thereof, but he enfeoffed William Pynchebek, fishmonger,
John Bynley and Henry Edward, citizen and limner, who enfeoffed Alan
Byrtte, John Cressewell, John Michell, Walter Beaw and John Wyssyngsete,
of whom Alan Byrtte and John Cressewell were the last survivors. Alan and
John enfeoffed the pls. with John Salt, John Janyn and Richard Waltham.
After the death of the three last-named the pls. remained as the sole feoffees,
and they continued in seisin until disseised by the defs. As far as the second
tenement is concerned the pls. say likewise that they were duly seised thereof
until disseised by the defs. to the use of William Mody, who thereafter
enfeoffed collusively divers persons unknown to the pls., so that they should
not know against whom to bring the assize; but they say that William has
continued in enjoyment of the issues and profits of the tenement from the
date of the disseisin, and is therefore the tenant in law. The defs. deny the
allegation. The assize comes by John Northey, Thomas Bygg, John Werk,
William Taverner, John Cornyssh, Anthony Astell, John Parker, John Leche,
John Grene, William Couper, John Leyner and William Walton. The jurors
say that the pls. were duly seised of Santon's tenement until disseised by John
Santon, the present def., but that William Mody was not implicated. They
say further that William has never been in receipt of the profits from the
tenement in 'le Barbican' as alleged by the pls. The latter are awarded 10 marks
damages and costs in respect of Santon's tenement, but it is adjudged that
they be in mercy for a false plaint as regards the tenement in 'le Barbican.'
John Santon in mercy.
Endorsement: This record is brought in by Burgoyn, undersheriff, to the
Common Pleas (ad communia placita) (fn. 57) on 6 May 1458.
[Fr. F. 9x] (fn. 58) Sat. 23 Jan. 1451. John Myddelton and William Dere, sheriffs.
Coroner absent.
268. In the Husting of Common Pleas on Mon. 18 May 1450 John Hotot,
son of Robert Hotot, son of Nicholas Hotot, son of Nicholas Hotot, citizen
and woolmonger, brings a plaint of intrusion against John Godyn, citizen
and grocer, and Christine his wife, William Babyngton, late justice, Edward
Warmyngton, citizen and grocer, and John Bryan, clerk. William Corbet and
Thomas Gray, summoners. (fn. 59)
Robert Blunte attorney for the pl.
John Lambourn attorney for the defs.
The pl. complains that the defs. disseised him of fourteen messuages in the
pars. of St. Dunstan East, St. Mary Wolnothe and St. Swithin, post primam
etc. John and Christine, by attorney, answer as tenants of thirteen of the
messuages. They say that the assize does not lie because John Wylnale, alias
Guy, citizen and ironmonger, and Elizabeth his wife, daughter of Nicholas
Hotot, citizen and woolmonger, and sister of Nicholas Hotot, grandfather of
the pl., by deed dated 17 Aug. 1431 and enrolled in the Husting (fn. 60) on Mon.
15 Oct. 1431 released to John Godyn all their rights in the messuages, and
bound themselves to warrant the same to John, his heirs and assigns, and
they, John Godyn and Christine, now enjoy John Godyn's estate. As far as
the remaining messuage is concerned they say that they are not guilty of any
disseisin, but John Godyn answers with Warmyngton and Bryan as tenant
thereof. They say that the assize does not lie because the aforementioned John
Wylnale and Elizabeth his wife, by their deed dated 12 Feb. 1425 and enrolled
in the Husting (fn. 61) on Mon. 26 Feb. 1425, granted the messuage to John Godyn,
citizen and grocer, William Babyngton, John Olyver, citizen and grocer, and
William Markeby, junior, of Lincoln, whose estate is enjoyed by the present
defs. They say further that according to the custom of the City of London all
deeds of feoffment or release concerning lands within the City read and
enrolled in the Husting are of the same effect in law as fines at common law.
As far as the other thirteen messuages are concerned Warmyngton and Bryan
deny the disseisin and William Babyngton says the same concerning all fourteen. The pl. makes replication that his grandfather, Nicholas Hotot, was not
the brother of the above-named Elizabeth as the defs. allege. The assize comes
by David Thomas, Robert Test, John Hobard, William Walter, William
Underhill, William Allard, Richard Burdon, Richard Snowdon, John Langwith, Walter Langrich, Bartholomew Pollard and John Kyppynge. The jurors
say that Nicholas, grandfather of the pl., was the brother of Elizabeth, wife
of John Wylnale, as the defs. allege. Pl. in mercy for a false plaint.
Endorsement: This record is brought in by Roger Byrkes, undersheriff of
John Middelton, formerly sheriff, on 26 May 1453.
[Fr. F.11x] (fn. 62) Sat. 7 Feb. 1450. William Hulyn and Thomas Canynges, sheriffs.
Coroner absent.
269. In a congregation of the mayor and aldermen on Mon. 24 Nov. 1449
Thomas Dru and Agnes his wife bring a plaint of intrusion against William
Gilbert, Thomas Fitz and Christopher Wode. Thomas Hawkyns and William
Pembrigge, summoners. (fn. 63)
Thomas More attorney for the defs. (fn. 64)
John Jeny and Robert Blounte attorneys for the pls. (fn. 64)
The pls. complain that the defs. disseised them of three messuages in the par.
of St. Antonin, post primam etc. William and Thomas make default. Christopher Wode, by attorney, denies the disseisin. The assize comes by John Acres,
Edward Warmyngton, Richard Langton, Michael Domy, William Dellowe,
William Pembrygge, Simon Chichele, Richard Benton, John Prynce, Richard
Snowdon, Richard Burdon and William Allard. Verdict for the pl. Damages
25s. Costs 30s. Increment 5s. The jurors say that Fitz and Wode were not
implicated. William Gilbert in mercy and the pls. for a false plaint as regards
Fitz and Wode.
[The record] is brought in by Thomas Billyng, undersheriff, on 9 Mar. 1450. (fn. 65)
Panel of jurors. (fn. 66) [The names of those not sworn are as follows:] William
Edward, John Hunde, John Petrusfeld, Walter Norwold, Thomas Lyon, (fn. 67)
John Bracy, John Beke, John Blaunche, (fn. 67) John Stokker, John Byrlyng, John
Shopman, William Landwath, William Chester, William Walter, Richard
Chaundeler, William Crowe, Thomas Style, John Reynkyn, William Underhill, Walter Hunt, William Smyth, John Littelton, Walter Langrych, John
Crowe.
270. [Fr. F.10x] (fn. 68) By a plaint of intrusion in a congregation of the mayor and
aldermen on Mon. 24 Nov. 1449.
William Geffrey, rector of St. Christopher, complains (fn. 69) that William Leyf,
clerk, John Dryffeld and Elizabeth his wife disseised him of 10 marks rent in
the par. of St. Michael upon Cornhille, post primam etc. William Leyf makes
default. John and Elizabeth, by John Rede their attorney, answer as tenants
of one of the two messuages from which the rent is alleged to issue, viz.
that in which Richard Chaundeler and William Anfeld lately resided, but
they say that it is outside the pl.'s fee. The pl., by John Lamburne his attorney,
says in support of his title that the two messuages from which the rent in
question issues at one time belonged to John de Northtoft of Essex and John
Ikelyngham, citizen and 'felmonger'; and long before the defs. had any
interest in the same John Cauntebrugge, clerk, and John de Kyrkeby, chaplain, were seised thereof, and by their deed dated 12 Nov. 1366 and enrolled
in the Husting (fn. 70) on Mon. 18 Oct. 1367 sold to John de Ikelyngham 10 marks
yearly rent therefrom, with right to distrain for the same if it should fall into
arrears. John afterwards, by deed enrolled in the Husting (fn. 71) on Mon. 24 May
1376 granted the same to William Wodehous, citizen and skinner, who in his
will (fn. 72) devised it to William Berghe, late rector of St. Christopher, predecessor
of the pl., Thomas, son of the testator, and two others, parishioners of the
same church. In virtue of this devise William and the others named were duly
seised of the rent after the death of the testator, and their successors after
them, until the defs. refused payment. The assize comes by John Willyam,
William Walter, John [ ], [ ] Chester, Richard Langton, John Beke,
Thomas Lyon, Walter Norwold, John Acres, William Allard, Richard Burdon
and John Shopman. Verdict for the pl. (fn. 73)