ASSIZE OF NUISANCE
MISC. ROLL DD
10 Feb 1301–2 Aug 1303 (nos 1–50)
[m. 1] Fri. 10 Feb. 1301. Elias Russel, mayor, Geoffrey de Nortone, Walter
de Finchingfeld, William le Marezerer, Thomas Romeyn, John de Dunstaple,
Solomon le Coteler, John de Canterbury (Cantuaria), Simon de Paris, Hugh
Pourte, Nicholas Pycot, aldermen.
1. William de Stertford essoins himself against William de Gartone by
Stephen de Wetheresfeld.
2. William de Béthune (Betonia) complains that the cess-pit of the privy
(puteum cloace) of William de Gartone adjoins so closely his stone wall
that the sewage penetrates his cellar (celarium). The def. says that he and
his ancestors have been seised of the privy in question time out of mind,
and prays that the assize do nothing in prejudice of his free tenement. The
pl. says that long seisin contrary to the statute ought not to prejudice his
case. After adjournment the assize comes upon the land on Fri. 3 Mar. 1301,
and it is adjudged that within 40 days the def. remove his cess-pit 2½ ft. of
masonry (de petra) from the pl.'s wall.
3. The same William makes a like complaint concerning the cess-pit of the
privy of William de Sterteford. The sheriff testifies that the def. was summoned but he makes default. The assize comes [as in 2], and since it is found
that the def. owns a moiety of the stone wall in question it is adjudged that
within 40 days he remove his cess-pit 1½ ft. of stone (de opere petre) from
the same.
Fri. 17 Feb. 1301. Elias Russel, mayor, Geoffrey de Nortone, William de
Leyre, Thomas Romeyn, John de Canterbury, Martin Box, Solomon le
Coteler, Simon de Paris and Luke de Haveryng, sheriff.
4. Richard Tayllehaste essoins himself against Thomas de Bannebury and
Joan his wife by Thomas de Tatesfeld.
Fri. 3 Mar. 1301. Elias Russel, mayor, Geoffrey de Nortone, William de
Leyre, Thomas Romeyn, John de Canterbury, Solomon le Coteler, Simon de
Paris, Nicholas Pycot.
5. Hugh le Blund, kt., complains that Walter de Wanlok. [Entry incomplete.]
Fri. 14 July 1301. Lord (per dominum) Elias Russel, mayor, Geoffrey de
Nortone, William de Béthune (Betonia), Thomas Romeyn, Walter de
Finchingfeld, John de Vintry (Vinetria), Adam de Fulham, Hugh Pourte and
Nicholas Pycot.
6. Henry le Galeys complains that Gerard Dorgoyl has ruined his stone
wall and disturbed him in the easement of his privy in the par. of St.
Martin in the Vintry. The def. says that he has only a 16 year interest in the
tenement in question and that it is the free tenement and fee of Arnold
Barage and Christine his wife without whom he cannot answer. Arnold and
Christine come freely and the parties are given a day at the quindene.
Afterwards, on Fri. 1 Sep. 1301, the assize comes by Elias Russel, mayor,
John le Blund, William de Leyre, Thomas Romeyn, John de Canterbury,
John de Dunstaple, Simon de Paris, aldermen. The pl. essoins himself by
William de Braynford.
7. The same Henry, pl., essoins himself against Ralph Hardel, def., by
William de Braynford.
8. The same Henry, pl., essoins himself against Arnold Barage and Christine
his wife, defs., by the same.
9. Elias Russel complains that the house of Amice Horn in the par. of St.
Michael Candelwykstrete is ruinous and the water falls from it upon his
land and that she has a view into his tenement. The def. says she has no
counsel (non habet consilium). The parties are given a day at the quindene.
[m. 1d. Blank.]
[m. 2] Fri. 1 Dec. 1301. John le Blund, mayor, William de Leyre, Walter de
Finchingfeld, Nicholas de Farndon, Simon de Paris, John de Dunstaple,
Solomon le Coteler, Henry de Gloucestre, Geoffrey de Nortone, Hugh Pourte,
Nicholas Pycot, William de Betoyne, Adam de Fulham.
10. Henry Poteman and Denise his wife, pls., appear against (optulerunt se
versus) John Pykeman, rector of the church of Wykham, and Thomas his
brother, defs. Thomas comes but John does not, and because his is the fee
the sheriff is ordered to summon him for the quindene.
11. Sabine relict of Philip le Tayllour by John son of the said Philip, her
attorney, and the same John, pls., appear against Richard de Chigewelle,
def. They complain of the unjust prohibition by the sheriff at the instance of
the def. of their rebuilding of a party wall (parietis). The def. counters by
charging them with the obstruction of a gutter (goterum) conveying the
water from both their tenements through the midst of his house into
Westchep; but because the gutter is not apparent to the view of the assize
(non constat aspectui assise de gotero predicto) it is adjudged that the pls.
complete their building operations. Def. in mercy for a false plaint.
12. Orlandino de Podeo and Thomas son of Guydicio (Guydicionis), merchants of the society of the Ricardi of Lucca, pls., appear against Robert de
Multone, tailor, and Agnes his wife and Walter de Northwyc and Cecily
his wife. The pls. complain that the defs. have built a new house obstructing
their view contrary to the terms of their feoffment. After adjournment,
Robert and Agnes essoin themselves by Stephen de Wetheresfeld, and
Walter and Cecily by Robert de Leycestre; Orlandino appoints Laude
Ruffini his attorney. They are given a day on Fri. 9 Feb. 1302. [Judgment
was then respited and on Fri. 23 Feb. 1302 it was referred to the Husting
of Common Pleas.] (fn. 1)
Fri. 8 Dec. 1301 [No entry.]
Fri. 15 Dec. 1301. John le Blund, mayor, Geoffrey de Nortone, Walter de
Finchingfeld, Thomas Romeyn, Solomon le Coteler, John de Dunstaple,
Nicholas Pycot, William de Leyre.
13. Peter le Ireys, [tailor], complains that William de Leyre has unjustly
prohibited him from building upon his moiety of the party-wall between
their tenements in the par. of St. Lawrence Jewry. The def. justifies his
action on the ground that the pl.'s workmen demolished his part of the
wall without his consent. After sundry adjournments the parties appear on
Fri. 8 Feb. 1302 and judgment is given that the pl. rebuild within 40 days
the wall which he has demolished and be in mercy for a false plaint. Def.
sine die.
14. Richard de Chigewelle complains that the water draining from the
houses of Geoffrey de Conduit and Imanya de Brauncastre in the pars. of
St. Peter de Wodestrete and St. Matthew de Fridaystrete falls upon his
land; and that they have windows (fenestras) and other apertures (foramina) overlooking his land. Adjourned until Fri. 19 Jan. 1302 because the
defs. claim to hold by the courtesy of England (per legem Anglie) and say
that they cannot answer without Philip son of John le Bailiff to whom the
fee and right belong.
15. The commonalty complain by Ralph Pecok, their attorney, that Anketin
de Gisors has newly constructed a building (edificium) above the common
course of the Walebroke in the par. of St. Martin in the Vintry. The def.
pleads that he has no interest in the tenement in question, which is held by
Thomas le Noreys for life; but it is adjudged that the building be taken
into the hand of the City.
16. It is found by the assize that John de Talworthe stacks his firewood above
the course of the Walbroke in the same par. He is ordered not to remove it
until he has given satisfaction to the City. On Fri. 15 Nov. 1303 the assize
comes and finds 575 faggots stacked above the common course of the
Walbroke.
[m. 2d.] Fri. 9 Feb. 1302. John le Blund, mayor, Elias Russel, Geoffrey de
Nortone, Thomas Romeyn, William de Leyre, Adam de Fulham, Richard de
Gloucestre, John de Dunstaple, Solomon le Coteler, Nicholas Pycot.
17. Avice relict of Thomas Kary, def., v. Robert de Molton and Agnes his
wife, pls., are given a day at the quindene.
18. John de Vintry, clerk, complains that Henry le Galeys has a ruinous
stone wall which is to the damage of his tenement in the par. of St. Martin
in the Vintry. The def. does not deny the charge and it is adjudged that he
rebuild the wall within 40 days and be in mercy.
Fri. 23 Feb. 1302. John le Blund, mayor, Elias Russel, Geoffrey de Nortone,
Thomas Romeyn, William de Leyre, Walter de Finchingfeld, John de Armenters, John de Dunstaple, Solomon le Coteler, Nicholas Pycot, Richer de
Refham.
19. John Duly, kt., pl., appears against John le Riche and Rose his wife,
defs., complaining that the stone wall which he holds in common with
them in the par. of St. Nicholas Shambles is ruinous because the cess-pit
of their privy adjoins it too closely. The sheriff testifies that the defs. were
summoned but they make default. It is adjudged that they rebuild the wall
within 40 days etc. and be in mercy.
20. Adam Molgas, tailor, complains that Lawrence de Totenham has
obstructed a gutter (goterum) running through the midst of his tenement,
which from time out of mind has conveyed the water from his premises
into the street, in consideration of a yearly quit-rent of 1d. The def. pleads
that the assize has no cognisance in the matter since the nuisance is not
apparent to its view (non constat eius aspectui etc.), nor does the pl.
produce any deed to show that his tenement is bound to render the service
alleged. He denies that he has ever been seised of the rent in question and
utterly repudiates all claim to it for himself and his successors. It is therefore
adjudged that the pl. be quit in perpetuity of the payment aforesaid and
have his recovery by another process of law. Def. sine die. [Margin: Nota
de stillicidio per medium tenementi alterius.]
Fri. 16 Mar. 1302. Lords (per dominos) (fn. 2)
John le Blund, mayor, Elias Russel,
Geoffrey de Nortone, William de Leyre, Thomas Romeyn, Walter de Finchingfeld, Richard de Gloucestre, John de Dunstaple, Simon de Paris.
21. Adam de Hallingbury, def., essoins himself against John Somery and
Margery his wife, pls., by William de Derteford.
22. John son of Lawrence Duket, def., essoins himself against John de
Salisbury (de Sar'), 'barber', and Margery his wife and Christine Duket
daughter of Margery, pls., by William de Braynford; and Sibyl relict of
the said Lawrence and Roger atte Harpe appear.
23. Gilbert Pynnote, def., essoins himself against Isabel de Estre, pl., by
Robert de Leycestre.
24. Master Philip Walrand, pl., appears against Thomas and Richard de
Meldeburne, defs., concerning the building of a fence (claustura) between
them in the par. of St. Olave de Silvirstrete. The parties are to appear at
the quindene unless they can reach an agreement in the meantime.
Fri. 6 Apr. 1302. John le Blund, mayor, Elias Russel, Geoffrey de Nortone,
William de Leyre, John de Vintry, John de Dunstaple, Henry de Gloucestre.
25. John le Leuter complains that whereas Simon de Paris guardian of John
son of Walter le Blund, a minor, is bound to repair an earthen wall (murum
de terra) between their tenements in the pars. of St. Stephen Walebroke and
St. Antonin, he refuses to do so. The def. denies the obligation on the
ground that the wall stands wholly upon the pl.'s land. Since neither party
can produce a deed or other evidence of ownership, it is adjudged that they
rebuild the wall on its present site at their common charge.
Fri. 13 July 1302.[Essoin only]
[m. 3] Fri. 27 July 1302. John le Blunt, mayor, Geoffrey de Nortone, William
de Béthune, Thomas Romeyn, Solomon le Coteler, Nicholas Pycot, Simon de
Paris, William de Leyre.
26. The essoin of Agnes wife of Simon son of (fiz) Robert le Pesshoner,
pl., by Robert de Leycestre, is quashed because Simon was essoined at the
last court. The same Simon and Agnes complain that John le Bonde and
Joan his wife have built the stone cess-pit of a privy too close to their tenement. The def. denies the charge and a day is given to the parties to hear
judgment at Guildhall on Tues. 31 July. Afterwards, on Fri. 3 Aug. 1302,
the assize comes upon the land by John le Blunt, mayor, William de
Bethune, Walter de Finchingfeld, Geoffrey de Nortone, Richard de
Gloucestre, Solomon le Coteler, Simon de Paris and Nicholas Pycot, etc.;
and because it is found that the cess-pit is at a sufficient distance from the
pls.' tenement it is adjudged that the defs. complete their building operations. pls. in mercy for a false plaint.
27. William de Mabely and Alice his wife, pls., in a plea of assize of nuisance, are given a day at the quindene to meet the objection of the def.,
Lucy relict of Thomas de Leukenore, that they have no fee or free tenement
in the tenement in respect of which the nuisance is alleged; and to make
good their claim that the def.'s tenement should receive the water falling
from their houses. Lucy as both pl. and def. (tam querens quam defendens)
appoints Reginald Wolleword her attorney.
Fri. 7 Sep. 1302. John le Blunt, mayor, Elias Russel, Geoffrey de Nortone,
William de Leyre, Thomas Romeyn, John de Canterbury, John Darmenters,
John de Dunstaple, Solomon le Coteler, and Nicholas Pycot.
28. The commonalty, pls., appear against Adam Rose, 'potter', def., concerning a stone wall in the par. of All Hallows Bredstrate which is alleged
to be ruinous. The sheriff testifies that the def. was summoned but he makes
default and the assize proceeds in his absence. Judgment that he rebuild the
wall within 40 days. He is warned by his wife to obey lest evil befall someone. (Et preceptum est predicto Ade per uxorem suam quod reficiat dictum
murum infra xl dies ne malum alicuius inde adveniat.)
29. Solomon le Coteler, pl., appears against William le Servat, def., concerning an alleged nuisance in the def.'s tenement in the par. of St. Mildred; (fn. 3)
but it is testified that the def. has no free tenement or fee there and he is
accordingly sine die.
30. Solomon le Coteler complains that Michael de Tullesan has broken
down the fence (claustura) of his house in the same par., so that his tenants
have a view into his courtyard (respectum habere possint infra curiam
suam) and can see his private business; and that the water from the def.'s
house floods the courtyard and submerges his trees and plants (herbas).
The def. comes and agrees to do all that he ought to do. He is given a day
at the quindene but afterwards the parties agree out of court.
31. Amice Horn complains that the house of William de Stertford is
ruinous and overhangs her land in the par. of St. Michael de Candewykstrete by more than 1½ ft., so that she is unable to build thereon. The def.
claims that a turret (turellus) built upon the pl.'s tenement is the cause of
ruin of his house. They are given a day at the quindene unless they agree
together in the meantime. On Fri. 21 Sep. the assize comes, as appears
below, but the def. makes default. Judgment that he evacuate the pl.'s
land within 40 days.
Fri. 21 Sep. 1302. John le Blunt, mayor, William de Béthune, Walter de
Finchingfeld, Thomas Romeyn, Solomon le Coteler, Nicholas Pycot, Geoffrey
de Nor tone, William de Leyre, Richer de Refham.
32. Gilbert le Mareschal complains that Gilbert de Colcestre refuses to
rebuild his part of a common fence (clausture) between their tenements in
the par. of St. Edmund the King. The def. says that he is ready to do all
that he ought to do and the pl. likewise. It is adjudged that the parties
build between their tenements upon land held in common a stone wall
3 ft. wide and 16 ft. high and that the same remain to them in common in
perpetuity.
33. John son of Roger le Lunge complains that Richard le Sowyer and
Richard Golde. [Entry incomplete.]
[m. 3d.] Fri. 5 Oct. 1302. John le Blunt, mayor, Geoffrey de Nortone, William
de Béthune, Walter de Finchingfeld, Thomas Romeyn, John de Canterbury,
Nicholas de Farndon, Richard de Gloucestre, Henry de Gloucestre, William
de Leyre, and Simon de Paris, sheriff.
34. Brother Henry de Suttone, guardian of the Friars Minor, and his
brethren complain of the dean and chapter of St. Martin le Grand, Master
Robert de Staundone, clerk, and William de Hottokeshathere that their
fence (clausturam) adjoining the pls.' garden is ruinous and broken down
so that the fruit and plants (herbe) are carried off and trampled down and
other evils and enormities are inflicted upon them and that the defs. utterly
refuse to repair the fence in whole or in part. The dean comes by Charleto
de Sayssello, his attorney, and the chapter by John de Witham and Giles of
the Wardrobe, canons, and other vicars [choral]. They say that the land
concerning which the friars make complaint was given them in pure and
perpetual alms by the progenitors of the present king without whom they
cannot answer; and they pray that the assize give no judgment in prejudice
of their free tenement. Robert de Staundon comes and says that William
de Hottokeshathere is dead, and proffers a charter showing that the free
tenement, fee and right in the tenement in question are his alone. The pls.
say that they do not challenge the right of the defs. but pray that the assize
compel them to rebuild their fence according to the law and custom of the
City. Since, however, neither party produces any deed to prove the obligation of the other to repair the fence, it is adjudged that within 40 days they
may either build a stone wall upon land held in common at their common
charges, or one or other of the parties find the land and the other build the
wall. If either party fails to carry out his part of the bargain, the sheriff is
to carry out the work on behalf of the defaulter and in addition to fine him
40s. Saving to either party an action of title as of right belongs to him
(Salva utrique parti accione de terra sua adquirenda que de iure ei competi
etc.).
35. Simon son of Robert and Agnes his wife complain that at the instance
of John le Bonde and Joan his wife the sheriff has prohibited them from
building a house upon their land. The defs. say that they found the pls.
demolishing their part of a stone wall common to both parties. The assize
finds that the pls. had no right to demolish the wall since they can produce
no evidence of ownership. It is therefore adjudged that they repair it at
their own charges within 40 days otherwise the sheriff is to have the work
carried out at their expense and fine them 40s. in addition for contempt. (fn. 4)
[m. 4] Fri. 23 Nov. 1302. [Essoins only.]
Fri. 7 Dec. 1302. John le Blund, mayor, Simon de Paris and Hugh Pourte,
sheriffs, William de Béthune, William de Leyre, Walter de Finchingfeld,
John de Dunstaple, Nicholas de Farndon, Elias Russel, Richer de Refham,
Ralph de Honilane.
36. Henry le Moyne complains that Gregory le Botoner has constructed a
gate (portam) in the tenement he holds of him in the par. of St. Alban in
Wodestrete, too narrow and low, contrary to the terms of his feoffment.
The def. pleads that the assize has no cognisance in the matter, since the
work is already complete. Judgment that the pl. take nothing for his plaint,
but have his recovery by another process of law. Def. sine die.
37. Anketin de Gisors complains that the prior of the hospital of St. Mary
without Bisshopesgate (called elsewhere the new hospital) pierced and
broke his stone wall in the par. of All Hallows at Hay, inserting his beams
(trabes) and corbels (corbellos) therein. The def. claims the wall as his own,
and offers to produce documents in proof of his claim. Both parties are
thereupon given a day at the quindene to produce all the evidence necessary
for the information of the assize. On Fri. 8 Feb. 1303 the assize comes, but
the def. essoins himself by William de Reyle. On Fri. 8 Mar. he seeks a
further essoin, but it is held not to lie. On Fri. 3 May he fails to appear,
and it is decided to continue in his absence. On Fri. 17 May the assize comes,
but further adjournments follow because it is not yet fully advised, until
Fri. 20 Sep. when the def. once more makes default, (fn. 5) and the proceedings
are adjourned because there are insufficient aldermen present (non habentur
de aldermannis ad plenum). (fn. 6) Finally, on Fri. 15 Nov. the assize, resummoned, comes by John le Blound, mayor, John de Burreford, sheriff,
William de Leyre, William de Bethune, Walter de Finchingfeld, Adam de
Fulham, Nicholas de Farndon, Richer de Reffham, Hugh Pourte, Solomon
le Coteller, John de Dunstaple, Simon de Paris, Nicholas Picot, Richard de
Gloucestre, Henry de Gloucestre, and Thomas Sely, but because it is found
that the resummons had not been considered either in the Husting during
term, or by the mayor and aldermen out of term, it is adjudged to be null,
and the pl. is recommended to seek a further resummons at the next
Husting.
38. Rose daughter of Clarekin Fylin complains that when she wished to
build upon the stone wall belonging to her tenement in the par. of St.
Michael de Candelwykstrete William le Bole deforced her and overthrew
her work. The def. says that the wall is his; and since both parties claim
ownership, they are given a day to produce their muniments and other
evidences and to hear judgment.
Fri. 8 Feb. 1303. John le Blunt, mayor, William de Leyre, William de Béthune,
Thomas Romeyn, Walter de Finchingfeld, and Simon de Paris, sheriff.
39. John de Gildeford, def., essoins himself against Thomas Romeyn,
pl., by William de Reyle.
40. Thomas Basset and Isabel his wife, defs., essoin themselves against
Richard de Wyrhale and Juliana his wife by William de Braynford.
41. Thomas de Leukenore, Henry de Gildeford and John Cleymunt,
executors of the will of Alice de Bavente, essoin themselves against Alan
de Dalstone, 'potter', by William de Reyle.
42. John de Ovesseye, def., essoins himself against Henry Hauteyn, pl., by
William de Braynford.
Fri. 8 Mar. 1303. John le Blunt, mayor, William de Leyre, William de
Béthune, Walter de Finchingfeld, Nicholas de Farndon, John Darmenters,
Solomon le Cotiller, John de Dunstaple and Simon de Paris then sheriff.
43. Roger Hosebonde and Maud his wife and Thomas de Brauncestre complain that William de Caustone and Denise his wife have built their cistern
(cisternam) on the common plot (placia) belonging to the pls. in the par. of
St. Matthew de Fridaystrete. The defs. say that they and their predecessors
have had a cistern there time out of mind, and that the place where the
cistern stands and the whole path (via) there belong entirely to their tenement, except that the pls. have the right of entry and exit thereby, and the
rector and parishioners of St. Matthew's have the right of way for their
procession four times a year. The pls. say that the place in question is
common to others as well as to themselves, and that the cistern built there
is to the damage of their free tenement. They ask that enquiry be made at
the next Husting, and the defs. likewise. The sheriff is ordered to summon
a jury (bonam patriam).
[m. 4d.] Fri. 3 May 1303. John le Blunt, mayor, Elias Russel, William de
Leyre, John le Coroner, Richer de Refham, John de Dunstaple, Hugh Pourte,
Simon de Paris, sheriff, Solomon le Cotiller.
44. Elias Russel complains that the cess-pit of the privy of Adam de Coumbe
and Alice his wife adjoins too closely his land in the par. of St. Martin
Orgar in Candilwickestrete. The defs. ask a day to consult and it is granted
by consent of the pl. After adjournment the assize comes on the land on
Fri. 24 May 1303, and it is adjudged that within 40 days etc. the defs. remove
the cess-pit from the pl.'s land a distance of 2½ ft. of masonry or 3½ ft. of
earth.
Fri. 17 May 1303. John le Blunt, mayor, Simon de Paris, sheriff, Elias Russel,
William de Béthune, Walter de Finchingfeld, Adam de Fulham, Nicholas de
Farndon, Richer de Refham, Nicholas Pycot.
45. The abbess of Our Lady of the New Place without Alegate (fn. 7) appoints
Peter de Shordich her attorney against Peter Berneval and Maud his wife.
46. Walter de Wanlok, def., v. Hugh le Blunt, pl., by William de Reyle.
Pl. in mercy for not prosecuting his plaint. Def. sine die.
Fri. 24 May 1303. John le Blunt, mayor, Elias Russel, William de Leyre,
Walter de Finchingfeld, John de Armenters, John de Dunstaple, Adam de
Fulham, Nicholas Pycot and Simon de Paris, sheriff, Thomas Romeyn,
William de Béthune.
47. Gilbert de Asshendone, def., essoins himself against John Lorence, pl.,
by William de Braynford.
48. William de Hanningtone, def. [Entry incomplete.]
Fri. 2 Aug. 1303. John le Blund, mayor, William de Leyre, Walter de Finchingfeld, William de Béthune, Solomon le Cotiller, John de Dunstaple, Adam de
Foleham, Nicholas Pycot, and Hugh Pourte sheriff, and Simon de Paris,
sheriff, John de Armenters.
49. Robert de Multone and Agnes his wife essoin themselves against William
Servat by William de Braynford.
50. William de Leyre complains that Master John de Egemere, rector of
All Hallows the Less upon the Cellar, and his parishioners have a stone
wall at the west end of the church on the verge of ruin, to the great peril of
the pl. and other inhabitants and passers-by. The sheriff testifies that the
rector was summoned but he makes default; the parishioners come but
show no reason why the verdict of the assize should be delayed. Judgment
that the defs. rebuild the wall within 40 days etc.
Fri. 16 Aug. 1303. [No entry.]