Misc. Roll DD
6 Sept 1303 - 19 Aug 1306 (nos 51-99)

Sponsor

London Record Society

Publication

Author

Helena M. Chew & William Kellaway (editors)

Year published

1973

Supporting documents

Pages

10-22

Citation Show another format:

'Misc. Roll DD: 6 Sept 1303 - 19 Aug 1306 (nos 51-99)', London assize of nuisance 1301-1431: A calendar (1973), pp. 10-22. URL: http://british-history.ac.uk/report.aspx?compid=35970 Date accessed: 23 September 2014.


Highlight

(Min 3 characters)

6 Sept 1303–19 Aug 1306 (nos 51–99)

[m. 5] Fri. 6 Sep. 1303. John le Blund, mayor, Simon de Paris and Hugh Pourte, sheriffs, William de Béthune, William de Leyre, Thomas Romeyn, Richard de Gloucestre, John de Dunstaple, John de Canterbury, Henry de Gloucestre, Ralph de Honilane, Adam de Foleham.

51. Robert the Chaplain and John le Benere, wardens of London Bridge, prayed an assize (petierunt assisam de nocumento) in the name of the commonalty against Henry Poteman and Denise his wife concerning a free tenement of the Bridge in the par. of St. Magnus the Martyr. The sheriff testifies that the def. was not in town when the precept was delivered. Denise appears and is given a day to produce her husband, ready to receive and do what the assize shall direct. On Fri. 18 Oct. 1303 the assize comes but the def. essoins himself by William de Reyle. He is given a day at the quindene, but since on that day the assize does not come he is sine die.

52. The same wardens of London Bridge complain that Adam de Foleham, alderman, has built his house upon land belonging to the Bridge in the same par., obscuring the view from the windows of the houses of the Bridge and impeding the course of the Thames. The def. says that the assize has no cognisance in such matters and that he is not bound to answer to the plaint. He asks for a precise judgment (iudicium precise), and the pls. likewise. It is adjudged that the pls. take nothing for their plaint, but have their recovery by another process of law. Def. sine die.

53. Hugh Pourte and Margaret his wife complain that the stone wall of the house of Robert de Foleham and Albreda his wife next their entrance in the same par. is ruinous, to the danger of the lives of the pls. and of all those passing by. The defs. deny that the wall is ruinous, and say that it stands as it has for the past hundred years. The matter is referred to the masons and carpenters sworn to the assize. On Fri. 18 Oct. 1303 the assize comes, but the masons do not appear. On Fri. 13 Dec. 1303 the assize comes by resummons, but the defs. make default. Richard de Wytham, mason, and Robert Osekin, carpenter, appear and declare upon oath that the wall threatens ruin, but that there is no danger before the summer. Judgment that the defs. rebuild the wall about the feast of the nativity of St. John the Baptist [24 June]. If they should fail to do so, the sheriff is to act, and in addition is to fine them 40s.

Fri. 20 Sep. 1303. John le Blund, mayor, William de Leyre, Walter de Finchingfeld, Thomas Romeyn, Richard de Gloucestre, Nicholas de Farndone, Henry de Gloucestre, Richer de Refham, John Darmenters, Solomon le Cotiller, Nicholas Pycot, Simon de Paris, sheriff.

54. Osbert de Braye and Isabel his wife complain that whereas they have a stone wall 16 ft. high in the par. of St. Michael in Wodestrete, which acts as an enclosure (claustura) to Adam de Hallingbury, who is bound to receive beneath their eaves (severunda) the water falling from the same wall and the house built thereon, and convey it at his own charges to the street, he is now making a gutter (goterum), and nailing (clavis firmare) it to his timber (meremium). Adam prays judgment concerning the plaint, because his son Bartholomew, who is enfeoffed jointly with him, is not named therein; and he asks a day to produce documents to show that the gutter ought to be made in the form in which it has been begun. Afterwards the assize comes on Fri. 18 Oct. 1303, but because certain aldermen who are well informed on the matter (et quia quidam aldermanni qui de assisa predicta certiorati sunt) are absent, the case is adjourned to the octave. [Cf. 61.]

55. The prior of the hospital of St. Mary without Bisshopesgate complains that Margery relict of John de Gysorzs and John and Anketin her sons and their tenants encroach upon the course of the Walebroke, which is common to the City and stack their firewood too near the pl.'s party-wall (parieti), in the par. of St. Martin in the Vintry, which is thereby broken and his house damaged. The defs. say that the case is one of trespass, and is not within the cognisance of the assize. Judgment that the pl. have his recovery by another process of law.

[m. 5d.] Fri. 18 Oct. 1303. John le Blund, mayor, William de Leyre, John de Wangrave, Thomas Romeyn, Solomon le Cotiller, Adam de Foleham, Hugh Pourte, John de Canterbury, Simon de Paris, John de Dunstaple, Nicholas Pycot, and William de Combemartyn, sheriff.

56. Walter de Wenlok essoins himself against Roger Sthorn by William de Reyle.

57. The prior of Holy Trinity complains that the house of Richard de Routon in the par. of St. Mary atte Nax threatens ruin, to the damage of his free tenement and the manifest peril of those dwelling therein. The sheriff testifies that the def. has been summoned to appear upon the land. Judgment, in his default, that he rebuild the house within 40 days so that the prior and the common people suffer no damage or peril.

[m. 6] Fri. 13 Dec. 1303. John le Blund, mayor, John de Wangrave, William de Béthune, William de Leyre, Thomas Romeyn, Adam de Foleham, Hugh Pourte, Richard de Gloucestre, John de Canterbury, John de Dunstaple, Henry de Gloucestre, Nicholas Pycot, aldermen.

58. Richard de Bedeforth, def., essoins himself against John de Laufare, 'cordwaner', pl., by William de Reyle. Isabel wife of Richard appears.

59. Henry Poteman and Denise his wife, defs., essoin themselves against Robert the Chaplain and John le Benere, wardens of London Bridge, by William de Reyle.

Fri. 31 Jan. 1304. [Essoins only.]

Fri. 14 Feb. 1304. John le Blund, mayor, John de Wangrave, William de Béthune, Walter de Finchingfeld, Thomas Romeyn, Richer de Reffham, Ralph de Honilane, aldermen.

60. Alice atte Stakes complains that the cess-pit of the privy of Adam de Lindesseye and Christine his wife adjoins too closely her land in the par. of St. Mary Wollenoth, and that the defs. stack their firewood against her wall, which is thereby broken and damaged. The defs. say nothing to delay the verdict of the assize. Judgment that within 40 days etc. they rebuild the cess-pit at a distance of 2½ ft. of stone wall or 3½ ft. of earthen wall from the pl.'s land, and remove the firewood.

Fri. 21 Feb. 1304. [Essoin only.]

Fri. 29 May 1304. [Essoin only.]

Fri. 29 May 1304. (fn. 1) John le Blond, mayor, William de Combematin, sheriff, John de Wangrave, William de Béthune, Walter de Finchingfeld, Richer de Refham, Richard de Gloucestre, John de Dunstaple, Nicholas de Farndone, Thomas Romeyn, Ralph de Honilane, Nicholas Pycot.

61. Osbert de Braye and Isabel his wife complain that the water draining from the house of Adam de Hallingbury through his gutter (gotera) falls upon the tiles (tegulos) of the side (costera) of their house in the par. of St. Michael de Wodestrete and that whereas they own the stone wall 16 ft. high, for which reason he ought to convey away the water falling from their house under their eaves, he has constructed a gutter and nailed it to the beams (tingnos) above their wall aforesaid. The def. says that the pls. are not entitled to an assize, because he and his predecessors have been seised of the gutter and fall of water (aquecasu) for many years, and the plaint ought to have been raised within a year and a day. Afterwards the parties agree to the arbitration of four aldermen, the pls. choosing John de Wangrave and William de Leyre, and the def. Walter de Finchingfeld and Richer de Refham. On Fri. 26 June 1304 the parties come, but the arbitrators say that they have not yet met. The assize is further adjourned until Fri. 10 July, when the pls., because they cannot deny that the def. has been seised for many years of the gutter and fall of water, are advised to seek a remedy on that count by another process of law. Since, however, the stone wall 16 ft. high belonging wholly to the pls. is opposite the def.'s kitchen where the gutter is to be newly built it is adjudged that within 40 days etc. the def. make it so as to receive the water from the pls.' house and convey it into his own, beneath the pls.' eaves and so onto his own land. [Cf. 54.]

[m. 6d.] Fri. 19 June 1304. John le Blound, mayor, John de Burreforth, sheriff, John de Wangrave, William de Leyre, William de Béthune, Walter de Finchingfeld, Thomas Romeyn, Richer de Refham, Simon de Paris, Solomon le Cotiller.

62. Adam de Horsham complains that Martin Shenche has caused John de Burreforth, sheriff, to prohibit his new building work in the par. of St. Lawrence Jewry. The sheriff testifies that the def. has been summoned, but he makes default. It is therefore adjudged that the pl. continue with his building.

63. Luke, parson of St. Benet Fink, and his parishioners complain that Roger de Euere has overthrown the fence (clausturam) of the churchyard, so that pigs and other animals and even men enter it by night and day, and carry off the plants growing there (crescentia), and commit other enormities in contempt of God and to the great damage of the church. The def. admits his obligation to rebuild the fence, and asks to be given until Michaelmas to do it. The pls. agree, on the understanding that, in the event of his failure, they are to be given 3 ft. of his land on which to erect a wall. To this he freely consents.

64. On the same day the mayor and aldermen made a perambulation to the churchyard of St. Mary de Wollecherchehawe, because the bailiffs of the earl of Gloucester complained that the paling (palicium) erected by the rector and parishioners around the churchyard had greatly narrowed the path (via) at the entrance to the earl's house. It is found that the path has been recently narrowed to the damage of the earl and of the citizens carrying on business there, and the rector and parishioners are therefore ordered to remove the paling as far as the elms growing nearby. The neighbours and those dwelling round about complain that the earl's bailiffs have enclosed with an earthen wall a lane (venellam) on the south side of the churchyard. They are ordered to reopen it as it used to be within 40 days etc.

Fri. 26 June 1304. John le Blund, mayor, John de Burreforth, sheriff, John de Wangrave, William de Leyre, Walter de Finchingfeld, Adam de Foleham, Richer de Refham, John de Dunstaple, Solomon le Cotiller, Nicholas Pycot, Thomas Sely, William de Béthune.

65. Henry le Keu, 'peintour', def., essoins himself against William atte Delle, pl., by William de Brainforth.

66. Solomon le Cotiller complains that the party-wall (paries) of the house of Michael de Tholosan in the par. of St. Mildred in the Poultry is broken down and overhangs his land, so that dogs and other animals enter his herb-garden (herbarium) and trample down and tread underfoot the plants growing there, and do much other damage. This is so manifest that the def. cannot deny it. Asked by the assize whether he is willing to enclose with stone he refuses to do so, either individually or in common. The pl. says that he is prepared to build. It is therefore adjudged that the def. give 3 ft. of land on which the pl. is to build a stone wall 16 ft. high and 3 ft. thick, the same to remain to him and his heirs to build upon.

Fri. 10 July 1304. John le Blound, mayor, John de Burreforth, sheriff, William de Leyre, Walter de Finchingfeld, Nicholas de Farndon, Nicholas Pycot, Thomas Sely, etc.

67. James de Moun, def., essoins himself against Walter de Finchingfeld, pl., by Thomas Golde. Walter appears.

68. Henry le Keu, 'peintour'. [Entry incomplete. Cf. 65, 71.]

Fri. 7 Aug. 1304. [Essoin only.]

[m. 7] Fri. 28 Aug. 1304. [Essoins only.]

Fri. 11 Sep. 1304. John le Blound, mayor, William de Combemartin, sheriff and alderman, John de Wangrave, Walter de Finchingfeld, Nicholas de Farndon, Nicholas Pycot, Solomon le Cotiller, Thomas Sely.

69. Hugh de Oxford (Oxonia), Maud his wife, and Lucy and Katherine their daughters, complain that the dean and chapter of St. Paul's, Thomas de Aveynes, Isolde his wife and Lucy their daughter have built the cess-pit of their privy too close to their stone wall and their land in the par. of St. Michael le Querne (ad bladum). The dean and chapter make default. The other defs. come and say that they did not build the cess-pit, which was made long before they were born (antequam ipsi in rerum natura existerant). It is nonetheless adjudged that within 40 days etc. they remove the pit 2½ ft. of stone-work or 3½ ft. of earth from the pls.' land.

Fri. 30 Oct. 1304. [Essoin only.]

Fri. 13 Nov. 1304. John le Blound, mayor, John de Wangrave, William de Leyre, Walter de Finchingfeld, Nicholas de Farndon, Nicholas Pycot, John de Vintry, Ralph de Honilane, Adam de Rokesle, Solomon le Cotiller and John de Lincoln and Roger de Paris, sheriffs.

70. Ymayne de Brauncestre complains that whereas Peter de Bristoll, goldsmith, in a deed which she produces, undertook to convey away in perpetuity through a gutter (goteram) in the midst of his shop in the Goldsmithery in the par. of St. Peter de Wodestrete the water draining from the herb-garden (herbarium) of the shop sometime belonging to David de Enefeld, goldsmith, and now in her possession, Sabine relict of Philip le Tayllour has obstructed the said gutter to the damage of her free tenement. The def. appears by attorney and says that she has only a life interest in the shop in question, of which the right and fee belong to Henry son of Philip le Tayllour without whom she cannot answer. She asks for his aid, which is granted. She is given a day at the quindene.

71. Hawyse de Rothyng complains that whereas Henry le Ku, 'peintour', was previously ordered by the assize to provide for the carrying off of the water (aque conductu) from his house and that of the pl., according to the terms of an indenture dated 21 Sep. 1301, whereby they agreed to combine to make a gutter (stillicidium) running above the kitchen and stable of the pl., and along the stone wall between their houses to Wodestrete, and to share the cost of upkeep, he refuses to fulfil his part of the agreement in defiance of the former verdict of the assize and to her damage 20s. The def. essoins himself by John de Brackelee, but because he is seen in court the essoin is held not to lie. Judgment that he pay the pl. the damages assessed by the court and be in the sheriff's mercy, and that within 40 days etc. he make the gutter (goterum) in accordance with the terms of the deed.

[m. 7d.] Fri. 20 Nov. 1304. John le Blound, mayor, John de Wangrave, William de Béthune, Walter de Finchingfeld, Thomas Romeyn, Simon de Paris, Nicholas Pycot, William de Combemartin, Thomas Sely, aldermen, and John de Lincoln, sheriff.

72. William le Mareschal. [Entry incomplete.]

[m. 8] Fri. 27 Nov. 1304. [Essoins only.]

Fri. 11 Dec. 1304. [Essoin only.]

Fri. 22 Jan. 1305. John le Blound, mayor, William de Leyre, Walter de Finchingfeld, John de Dunstaple, Simon de Paris, Ralph de Honilane, John de Vintry and John de Lincoln, sheriff.

73. Joan wife of William de Hedersete appoints the same William her attorney.

74. William de Hedersete and Joan his wife complain that John Amizs has broken down the stone wall common to them in the par. of St. Michael de Paternostrestrete. The def. says that he broke down only the part of the wall belonging to him; but because the custom of the City does not permit anyone, even though having a share in a stone wall, to demolish his part of it without the consent of his coparcener, it is adjudged that within 40 days etc. the def. rebuild the wall as it was before.

Fri. 19 Feb. 1305. [Essoins only.]

Fri. 5 Mar. 1305. John le Blound, mayor, John de Wangrave, Thomas Romeyn, William de Leyre, Richer de Refham, Adam de Rokesle, Simon de Paris, Thomas Sely, Richard de Gloucestre, John de Dunstaple, John de Lincoln and Roger de Paris, sheriffs.

75. Fulk de St. Edmunds appoints James his son, his attorney.

76. William de Caxtone and Maud his wife complain that Fulk de St. Edmunds and Agnes his wife have prohibited their new building operations, and that part of their houses overhang their land in the par. of St. Swythun in Candelwykstrete. The defs. come and Fulk says that he has no interest in the tenements in question save in right of his wife Agnes; she says that she holds for life by bequest of Peter de Brauhingg, her late husband, and cannot answer without John, Peter's son, to whom the right and fee belong. The assize comes on Fri. 12 Mar., and Fulk and Agnes appear, but John essoins himself by Bartholomew de Brauhing. On Fri. 26 Mar. the assize again comes, and having heard the allegations of both parties and seen the nuisances concerning which the dispute arose, adjudges that the pls. set up the posts (postes) of the house they are building adjoining and in alignment with (directe) those of the defs., and that within 40 days etc. the defs. rebuild by plumb-line (per plumbum) those parts of their houses which overhang the land of the pls.

Fri. 12 Mar. 1305. John le Blound, mayor, John de Wangrave, William de Leyre, John de Dunstaple, Richer de Refham, Hugh Pourte, Thomas Romeyn, Solomon le Cotiller, John de Lincoln and Roger de Paris, sheriffs, William de Combemartin, Adam de Rokesle.

77. Robert le Barber complains that William le Mareschal has constructed a gutter (goterum) from which the water falls at his door (hostio), and has built a jetty (jacticium) above (ultra) his beams (trabes) opposite his door and windows (fenestrarum) which obstructs his view, and that his chimney (caminum) is too near the pl.'s party-wall (parieti), causing danger of fire to his house in the par. of All Hallows de Grascherch. The def. comes but says nothing to delay the verdict of the assize. Judgment that within 40 days etc. he remake the gutter in dispute so that the water falls within his own tenement; that he remove all that part of the jetty which obscures the pl.'s view; and that he rebuild his chimney so that neither the pl. nor any other neighbours are in danger from fire.

78. [Inverted at the foot of the m. appears the following list of names in two columns] Peter de Edelmetone, John Fairhead, Walter de Hakeneye, Thomas de Hales, Thomas le Blound, Geoffrey de Hales, Geoffrey le Barbour, Robert de Kent, John Sewale, fishmonger, Walter de Colecestre, Henry de Somersete, Richard le Cordwaner.

[m. 8d.] Fri. 26 Mar. 1305. John le Blound, mayor, John de Wangrave, William de Leyre, Walter de Finchingfeld, Thomas Romeyn, Richer de Refham, Nicholas de Farndon, John de Dunstaple, Solomon le Cotiller, Thomas Sely, aldermen, and John de Lincoln and Roger de Paris, sheriffs.

79. Ralph Godchep and Margery his wife essoin themselves against William de Arondel by William de Braynford. William [de Arondel] appears.

Fri. 7 May 1305. John le Blound, mayor, John de Wangrave, Walter de Finchingfeld, Thomas Romeyn, Richer de Refham, Nicholas de Farndon, Henry de Gloucestre, William de Leyre, William de Combemartin, aldermen, and Roger de Paris, sheriff.

80. The abbess of St. Clare brings an assize against Gilbert de Asshendone. Richer de Refham petitions the mayor to send two aldermen to her to receive her attorney, since she is enclosed. The def. is given a day at the octave.

Fri. 14 May 1305. [Essoin only.]

Fri. 21 May 1305. John le Blound, mayor, John de Wangrave, Richer de Refham, John de Dunstaple, Simon de Paris, Ralph de Honilane and Solomon le Cotiller, and John de Lincoln, sheriff.

81. William, parson of St. Werbourge in Fridaystrete, complains that Adam atte Rose, potter, has built his windows opening upon the land of his church, and his tenants throw filth and refuse through them on to the land consecrated to God, and the water from Adam's house floods it. Judgment that within 40 days etc. the def., who says nothing to delay the verdict of the assize, block up or glaze (vitro claudere) the windows, and convey away the water from his house on to his own land or into the street.

Fri. 28 May 1305. [Respite only.]

Fri. 4 June 1305. John le Blond, mayor, Walter de Finchingfeld, John de Wengrave, Richer de Refham, Solomon le Cotiller, Simon de Paris and John de Lincoln, sheriff.

82. Adam de Horsham, pl., appears by Reginald Wolleward, his attorney, against Martin Shenche, def., who prohibited his building-work. The def., given a day to appear by William de Reyle, his essoin, makes default. Judgment that the pl. be sine die and the def. in mercy.

Fri. 30 July 1305. John le Blond, mayor, John de Wengrave, Walter de Finchingfeld, John de Dunstaple, Richer de Refham, Simon de Paris, Nicholas de Farndon, Nicholas Pycot, Thomas Sely, aldermen, and John de Lincoln and Roger de Paris, sheriffs.

83. William de Wynton' complains that Adam de Horsham has overthrown his stone wall in the par. of St. Lawrence Jewry and built a new house on the site. The def. claims that the wall is his and says that he built on his own land. Since, however, neither party was seised of the wall of old (quai murus predictus a neutra parte seysitus est ex antiquo) they are given a day upon the land at the octave, without essoin, to hear judgment and produce any muniments that may be of profit to them (utraque pars habeat tunc ibi munimenta sua que in premissis sibi viderit proficere).

Fri. 10 Sep. 1305. [Essoins only.]

[m. 9] Fri. 24 Sep. 1305. John le Blund, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, John de Dunstaple, Richer de Refham, Solomon le Cotiller, Adam de Fulham, Simon de Paris, and Roger de Paris, sheriff.

84. Fulk de St. Edmunds complains that William de Caxtone and Maud his wife have prohibited his building operations at the north end of their house in the par. of St. Swythun in Candelwikstrete. The defs., asked if they can show any cause why the pl. should not build his house adjoining theirs, say nothing to delay the assize. It is therefore adjudged that the pl. build his house adjoining theirs, straight by plumb-line (directe per plumbum), and of any height he chooses.

85. The assize comes on Fri. 1 Oct. 1305 by John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Richer de Refham, Nicholas de Farndon, Simon de Paris, John de Dunstaple and Henry de Gloucestre, aldermen, and Reginald de Thunderlee, sheriff; and because it is found that the prior and brethren of the Order of Preachers have built their house opposite the church of St. Martin within Ludgate too close to the City Wall, they are forbidden to build henceforth within 16 ft. of the wall until etc. Afterwards the assize comes on Fri. 8 Oct. by John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Nicholas de Farndone, William de Combemartin, aldermen, and William Cosin, sheriff, and William de Helvetone, John de Burreforth, William de Bydik, Simon Gut, Robert de Uptone, Robert de Pipehirst, Roger de Lintone, Roger Hosebonde, Stephen de Pancrich, Robert le Convers, goldsmith, Thomas de Farndon, Nicholas le Brun, Henry de Kele, Elias de Suffolk, Robert de Worstede, Roger le Virolef, John le Botoner, Richard de Caumpes, John Dode, Walter de Bardeneye, Walter Grapefige, Peter de Sparham, Ranulph Balle, John de Wyndesore, William Bernard, Adam Absolon, Andrew de Staunforth, Alexander le Coffrer, Daniel de Ciltre, William Poyntel, Alexander Pung, William de Hundesdich, and others of the commonalty, summoned for the purpose. The prior and brethren come and show letters patent of Edward I, (fn. 2) dated 10 June 1276, confirming a grant by Gregory de Rokesle, mayor, and the barons of the City to Archbishop Robert [Kilwardby] and his assigns, for the enlargement of his place at Baynards Castle and the Tower of Munfichet, of two adjoining lanes, on condition that he substitutes for them a better road, more convenient for the citizens. The prior and brethren say that the archbishop made a convenient road leading to the Thames, at Baynard Castle, and adjoining their stone wall, and that they are therefore entitled to block up the lane aforesaid.

[m. 9d.] Fri. 17 Dec. 1305. John le Blund, mayor, John de Wengrave, Richer de Refham, Simon de Paris, Nicholas Pycot, Richard de Gloucestre.

86. Walter de Harewe, Hugh de Oxford, tailor, and Maud his wife essoin themselves against the prior of the hospital of St. Mary without Bishopesgate by Roger son of Thomas.

Fri. 28 Jan. 1306. John le Blound, mayor, William de Leyre, Walter de Finchingfeld, William de Coumbemartin, Richard de Gloucestre, Henry de Gloucestre, John de Dunstaple, Adam de Fulham, aldermen, and Reginald de Thunderle, sheriff, etc.

87. The wardens of London Bridge complain that the water from the house of William le Mitere in the par. of St. Mary atte Hulle floods the area of the Bridge so that they can have no profit from it, but suffer deterioration and damage. The def. says he has only a life interest in the tenement in question.

Fri. 11 Feb. 1306. [No entry.]

Fri. 4 Mar. 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Richer de Refham, Nicholas de Farndon, Richard de Gloucestre, Simon de Paris, aldermen, and Reginald de Thunderle, sheriff.

88. John le Mareschal of Walebrok, def., essoins himself against Simon de Broutone, pl., by William Brainford.

Fri. 18 Mar. 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Thomas Romeyn, Richer de Refham, Nicholas de Farndon, John de Dunstaple, Richard de Gloucestre, Simon de Paris, Solomon le Cotiller, Thomas Sely, Richard de Chigewelle, Richard de Wylehale, Nicholas Pycot.

89. John Trentemars and Gilbert de Lesnes complain that Robert de Uptone and Margery his wife have broken down the stone wall common to the parties in the par. of St. Mary le Bow (de Arcubus). The defs. say that the pls. have no share in the wall; but because it is clearly apparent to the view of the assize (quia evidenter aspectui assise apparet) that for a long time past the pls. have been seised with their timber (maeremio) of the greater part of the wall, it is adjudged that they have for their share as far as their timber extends, measuring straight by plumb-line, and that within 40 days etc., the defs. rebuild the wall as it was before.

90. Elias le Chaucer complains that Robert de Uptone and Margery his wife have inserted their corbels (corbellos) in his stone wall in the same par. and have taken possession of it with their timber (maeremio). The defs. say the wall is theirs; but since it is found by view of the assize that they have no share in it, it is adjudged that they remove their timber within 40 days etc.

91. Simon Turgis, pl., v. Cecily atte More and John Starre and Mary his wife, defs., are given a day at the quindene to agree (concordandi).

[m. 10] Fri. 22 July 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, Nicholas de Farndone, John de Dunstaple, Richer de Refham, John de Vintry, Ralph de Honilane.

92. Ralph le Coupere and Celestria his wife complain that the prioress of Haliwelle has caused the sheriff to prohibit their building operations in the par. of St. Mary Wolnoth. The prioress comes and says that she caused the work to be prohibited because the pls. took possession with their timber (meremium) of the whole stone wall, which is common to them; but it is found that she has no, right therein save for her corbels (corbellos) and summer (someria), and it is therefore adjudged that the pls. complete their building operations, taking possession of the wall at will.

93. Rose de Coventre complains that the land of John, prior of St. Bartholomew de Smethefeld, adjoining hers in the par. of St. James de Garlekhethe is not enclosed, so that she suffers deterioration and damage. The sheriff testifies that the def. was summoned but he makes default. The pl., asked whether she is willing to build a fence (clausturam), agrees. It is therefore adjudged that either each party provides 1½ ft. of land, and together they build a stone wall 3 ft. thick thereon; or that one party provides 3 ft. of land and the other builds the wall at his own cost; or that one party builds the wall upon his own land at his own charges and it remains to him in perpetuity.

Fri. 5 Aug. 1306. John le Blound, mayor, John de Wengrave, William de Leyre, Walter de Finchingfeld, John de Dunstaple, Richer de Refham, Solomon le Cotiller, Hugh Pourte.

94. William le Spicer, 'peleter', complains that Nicholas Pycot and Alice his wife have built the gutter (goteram) receiving and carrying off the water from their house in the par. of St. Michael upon Cornhulle upon his land, which it floods, whereas they ought to receive and carry off the water from his house since he provides the stone wall enclosing their land. The defs. after essoin make default. It is found by the assize that in some places the pl. is sole owner of the wall, but in others it is common to the parties. Judgment that within 40 days etc. the defs. receive the water from the pl.'s house in their own gutter and convey it on to their land wherever the stone wall of the pl. extends, but where the wall is common they are either to act jointly, or each separately is to convey away his own water.

95. John de Langeleye complains that whereas Richer de Refham used to receive and convey away the water falling from his house in the par. of St. Michael de Paternostrecherche in his own gutter (goteram) beneath the stone alure (aluram) of his wall (fn. 3) he has now pierced the alure and inserted a new gutter through the aperture, and diverted (evertit) his other gutters, so that the roof (coopertura) of the pl.'s house is damaged and his place (placea) flooded. The def. says that he provides the stone wall which encloses the land of the pl. who ought therefore to receive the water draining from his house upon his own land. The pl. admits that he ought to receive the water falling from the def.'s eaves (severunda), but says that he is not bound to receive that falling from the newly constructed gutters. After adjournment because the def. essoins himself by Robert de Heresseye the assize comes on Fri. 2 Sep. 1306, and since it is found that the def. provides the stone wall and no other water falls upon the pl.'s land save from that part of the roof (summitatis) of his house which extends towards it (ulla alia aqua cadit super terram predicti Johannis preterquam de parte sumitatis domus se extendente versus terram eiusdem Johannis) it is adjudged that the pl. receive the said water and convey it wherever he wishes.

96. Richer de Refham complains that the cess-pit of John de Langeley's privy adjoins his stone wall in the same par. The def. pleads that the pit was built more than forty years earlier and before the building of the wall, but the pl. says that the assize has cognisance of all cases of privies and suchlike pits and gutters, even where seisin is of long duration. Judgment that within 40 days etc. the def. remove the cess-pit 2½ ft. of stone from the pl.'s wall.

97. [m. 10d.] The commonalty complain that the prior of St. Bartholomew has narrowed Medelane, which is common to the citizens by 1½ ft. in some places and in others by less, whereas the lane ought to measure in width 1½ ells 1 inch between the corner of the stone house formerly belonging to John de Stratford and Belisant his wife and the Thames, as appears in an indenture between Adam son of Peter son of Nevelon (Neuelonis) and John and Belisant which is in the possession of Henry de Montquoy, the present tenant of the tenement of John and Belisant. Further the prior has removed the wharf (pontem) extending into the Thames.

Fri. 19 Aug. 1306. John le Blound, mayor, John de Wengrave, William deLeyre, Walter de Finchingfeld, Thomas Romeyn, Richard de Gloucestre, Nicholas Pycot, John de Dunstaple, Thomas Sely, aldermen, and William Cosyn, sheriff.

98. Ralph le Cuver and Celestria his wife complain that the cess-pit of the privy of the prioress of Haliwelle adjoins their stone wall in the par. of St. Mary Wulnoth. The prioress after essoin makes default. Judgment that within 40 days etc. she remove the cess-pit from the pls.' wall a distance of 2½ ft. of stone or 3½ ft. of earth.

99. Thomas de Kent, tailor, and Juliana his wife complain that Hugh de Derby, rector of St. Leonard de Eschep, Richard Sharp, Boydin atte Grene, William Moiling, John Sharp, William de Craye, Roger de Wautham and other parishioners have dug a ditch (foveam) on their land, by reason of which their house in the par. of St. Leonard is ruined, and they produce a deed, enrolled in the Husting, (fn. 4) reciting the gift to them by the executors of Adam de Blakeneye of a tenement extending from the king's highway on the west to the wall of the church on the east. The defs. say that the land between the pls.' house and the church has been in their possession time out of mind; but it is found as well by the above-mentioned deed as by view of the assize that the land in question belongs to the pls. and the church has no right in it. Judgment that within 40 days etc. the defs. restore the ditch to its former condition.

Footnotes

1 Same date as previous assize; one is presumably an error.
2 Cf. C.P.R. 1272–81,147–8, and for the background of the case W. A. Hinnebusch, Early English Friars Preachers (Rome, 1951), 22, 35–55.
3 The wall may possibly have been crenellated (158 n.).
4 On Mon. 23 Jan. 1296 (H.R. 25(8)).