Misc. Roll DD
5 Feb 1356 - 16 Sept 1356 (nos 450-480)

Sponsor

London Record Society

Publication

Author

Helena M. Chew & William Kellaway (editors)

Year published

1973

Supporting documents

Pages

110-116

Citation Show another format:

'Misc. Roll DD: 5 Feb 1356 - 16 Sept 1356 (nos 450-480)', London assize of nuisance 1301-1431: A calendar (1973), pp. 110-116. URL: http://british-history.ac.uk/report.aspx?compid=35978 Date accessed: 27 November 2014.


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5 Feb 1356 – 16 Sept 1356 (nos 450–480)

Fri. 5 Feb. 1356. Simon Fraunceys, mayor, Adam Fraunceys, Thomas Leggy, Roger de Depham, William atte Welde, Simon de Worstede and Richard de Notyngham, aldermen, Thomas de Brandon and Walter Forster, sheriffs.

450. The commonalty by the same Adam bring an assize of nuisance against the prior of the hospital of St. Mary within Crepulgate. Adam reports that on Sun. 20 Dec. 1355 a jury of Crepulgate ward presented the said prior to Simon de Worstede, alderman of the ward, in wardmote (wardemoto), as having an earthen wall standing on the soil of the commonalty on the east side of the church of the same hospital. The prior, summoned by John de Layton and William atte Walle, comes in person, but shows no cause why the nuisance should not be removed. Judgment, after view, that he remove it within 40 days etc. He is warned accordingly.

451. [m. 67d.] William de Ilkyston, rector of St. Mary le Bow, John de Kynelyngworth, Richard de Welford, James Andrew, William de Essex, William Spark, William de Skelton and John Burgeys, parishioners, complain that John Noyl. [Entry incomplete.]

Mon. 8 Feb. 1356. Common Pleas held in the Husting.

452. Robert de Thame prays an assize against Brother Thomas de Berkhampsted, master of St. Thomas de Aeon concerning a nuisance in the par. of St. Mary le Bow. The sheriff testifies that the def. has been summoned by John Osekyn and William Dyke.

Fri. 10 Feb. [rectius Fri. 12 Feb.] 1356. [Essoin only.]

[m. 68 No heading.]

453. The prior of the hospital of St. Mary in the suburb of London (fn. 1) was presented to Simon Fraunceys, mayor, on Mon. 11 Aug. 1343, by the men of the venue of Castle Baynard, for building a stone wharf (kayum de muro lapideo) at le Estwatergate in Castle Baynard ward, which encroaches upon the soil of the commonalty beside the Thames by ¾ ell, to the nuisance of ships (navium), shouts (shoutarum) and boats (batellorum) putting in there (applicancium).

454. At the wardmote held in the church of St. Alban on Sun. 20 Dec. 1355, John de Horewode, junior, was presented to Simon de Worstede, alderman of Cripulgate ward, for obstructing the common lane (venellam) leading from Phelippeslane to Wodestrete.

455. At the same wardmote it was presented that an earthen wall on the east side of the church of the hospital of St. Mary within Cripulgate stands upon the soil of the commonalty. [See also 450.]

456. In a wardmote held on the same day John Coke, Richard de Ware, John de Swalclyve and Robert de Ingham were presented to Simon Fraunceys, alderman of the ward of Chepe, for making a purpresture in Ismongerslane.

457. At the same wardmote Roger atte Broke, the present occupant, was presented for obstructing the common way (communis via) through the house of Gilott Fourbour in Ismongerslane. [See also 449.]

458. At the same wardmote William Pikebou was presented for breaking the sink (puteum) of the conduit by night.

459. On the same day the abbot of Redyng, John Bisshop and Gilbert Botelere were presented to John Costantyn, alderman of Castle Baynard ward, for obstructing a wharf (kayum) at Castle Baynard formerly used by people coming and going to the river to draw water or dispose of dung and other things. [Entry cancelled, m. 68d. Blank.]

[m. 69] Mon. 29 Feb. 1356. Pleas of land held in the Husting.

460. John Bernes and Christine his wife pray an assize against John de Fakenham, rector of St. Matthew in Frydaystrete, John Hiltoft, goldsmith, and John Moy, 'armurer', concerning a nuisance in the same par.

Fri. 4 Mar. 1356. [No entry.]

Mon. 28 Mar. 1356. Pleas of land held in the Husting.

461. Simon Dolselly and Joan his wife pray an assize against John son of John atte Pole, late citizen of London, concerning a nuisance in the par. of St. John de Walbrok. The sheriff testifies that the def. has been summoned by William de Carleton and Walter Page. [See 464.]

Fri. 1 April 1356. [Essoin only.]

[m. 69d.] Fri. 8 Apr. 1356. Simon Fraunceys, mayor, Roger de Depham, William atte Welde, Simon de Worstede, John Costantyn and Richard de Notyngham, aldermen, and Thomas de Brandon, sheriff.

462. John de London, 'brewere', essoins himself against the prioress of Halywell by John de Ekeheued.

463. John le Bakere essoins himself against Nicholas Hotot by William de Gilyngham.

Fri. 15 Apr. 1356. Simon Fraunceys, mayor, Adam Fraunceys, Roger de Depham, John de Stodeye, William atte Welde, William de Tudenham and Thomas de Dolsely, aldermen.

464. Simon Dolselly and Joan his wife complain [461] that John, son of John atte Pole, late citizen, has two doors, two windows and various other apertures opening on to the alley (alleam) 18¼ ells long and 1⅜ ells wide, adjoining the def.'s tenement in the par. of St. John de Walbrok and leading to their garden; and that the eaves (severunda) of his house overhang the said alley by ¼ ell 1 in., so that, for lack of a gutter (stillicidium) 14⅞ ells long, the water draining from his house falls upon their land. The def. after essoin makes default. The mayor and aldermen find that the nuisances are as alleged. Judgment that within 40 days etc. the def. block up the doors, windows and other apertures, and make a gutter of the required length.

Fri. 20 May 1356. Simon Fraunceys, mayor, Roger de Depham, William de Tudenham, Adam de Bury, Richard de Notyngham, aldermen, Thomas de Brandon, sheriff.

465. William de Greyngham and Avice his wife, Roger atte Brok, 'felmongere', and Agnes his wife essoin themselves against John Peche, 'draper', senior, by William atte Posse.

466. John de London, 'brewere', essoins himself against Elizabeth, prioress of Halywell, by William atte Rose. [Cf. 462.]

467. Stephen de Grauntbrugg essoins himself against Robert de Norwych by William atte Grosse.

468. The same Stephen essoins himself against Ralph son of Thomas de Grauntbrugg by the same.

[m. 70] Fri. 3 June 1356. Simon Franceys, mayor, Adam Franceys, Roger de Depham, William Welde and Adam de Bury, aldermen, and Thomas de Brandon, sheriff.

469. William de Greyngham and Avice his wife. [Cf. 465.]

Fri. 10 June 1356. [Respite only.]

[m. 70d.] Fri. 17 June 1356. Simon Fraunceys, mayor, Roger de Depham, William de Tudenham, Richard de Notyngham and Simon de Worstede, aldermen.

470. John de London, 'brewere'. [Cf. 466 and 471.]

Fri. 22 July 1356. Simon Fraunceys, mayor, Adam Fraunceys, Thomas Leggy, Roger de Depham, William Welde and John de Stodeye, aldermen, and Thomas de Brandon and Walter Forster, sheriffs.

471. John de London, 'brewere', essoins himself against Elizabeth de Mountagu, prioress of Halywell, by William atte Posse. [Cf. 462 and 466.]

472. Robert Leddrede, 'draper', essoins himself against Thomas de Lyllyngston, citizen, by the same. [For amercement of pl. see below under 26 Aug.]

473. William Andrew, 'chaundeler', essoins himself against Thomas de Lyllyngston by the same. [For amercement of pl. see below under 26 Aug.]

Fri. 29 July 1356. [Essoin only.]

[m. 71] Fri. 5 Aug. 1356. Simon Fraunceys, mayor, Roger de Depham, Simon Dolsely and Thomas Dolsely, aldermen, and Thomas de Brandon, sheriff.

474. John de Aston, rector of All Hallows de Graschirche, complains that John Warender and Alice his wife have a solar 15 ft. long and 4 ft. wide overhanging the churchyard on the north side, from which the rainwater falls upon the land belonging to the church; and that they have two doors in a stone wall opening on to the churchyard, through which people and the defs.' servants go in and out, day and night, trampling down the grass (herbagia) and other things growing there. Walter Forester, sheriff, testifies that the defs. were summoned by John de Brikelesworth and Adam de Seyntyves. John Warender comes in person and Alice by William de Gillyngham, her attorney, and they ask and are given a day to produce their muniments. On Fri. 2 Sep. the pl. appears against John and Alice in the presence of Simon Fraunceys, mayor, Roger de Depeham, Thomas Leggy, Simon de Wurstede, Richard de Notyngham, Thomas Dolsaly, Bartholomew de Frestlyng and Adam de Bury, aldermen, Thomas de Brandon and Walter Forester, sheriffs; but the defs. make default. Judgment that within 40 days etc. the nuisances, which are found to be as alleged, be removed and the doors opening on to the churchyard be blocked up.

475. John de Morton, clerk, complains that the rainwater from a gutter (gutteram) in the adjoining tenement of John Bengeo falls upon his garden in the par. of St. Dunstan Est, and that the def. has a house adjoining the said garden of which the earthen wall on the west side is ruinous; and the wall and part of the house overhang his garden by 2 ft., to his grave danger; further, the def. has dug a cellar 12 ft. long and 8 ft. deep beneath his garden, without a stone foundation or support, so that the earth falls and sinks down into it. Walter Forester, sheriff, testifies that the def. was summoned by Guy Lambyn, 'pessoner', and Robert de Kayton. He comes in person, but says nothing to delay the assize. The proceedings are adjourned until Fri. 12 Aug., when the pl. appears against the def. in the presence of Simon Fraunceys, mayor, Roger de Depeham, Simon Dolsely, Thomas Dolsely, Simon de Wurstede and Richard de Notyngham, aldermen, Thomas de Brandon and Walter Forester, sheriffs, but the def. makes default. Judgment that within 40 days etc. the nuisances, which are found to be as alleged, be removed.

[m. 71d.] Fri. 12 Aug. 1356. Simon Fraunceys, mayor, Roger de Depeham, Simon Dolsely, Thomas Dolsely, Simon de Wurstede and Richard Notyngham, aldermen, and Walter Forster, sheriff.

476. Thomas son of John de Grantham, citizen and pepperer, complains that Richard Curteys, citizen and fishmonger, refuses to repair a leaden gutter (gutteram plumbeam) lying upon the stone wall 26 ells long situated between their tenements in the par. of St. Michael Queenhithe, and upholding their timber and buildings. Walter Forester, sheriff, testifies that Richard was summoned by Robert de Thame and Richard Shakol. He comes in person and says that he is not bound to receive and convey away the water falling from the roofs (tectis) of the pl.'s buildings upon the wall they hold in common, and that the pl. can show no written evidence in support of his allegation. Thereupon Richard produces a deed, enrolled in the Husting (fn. 2) on Mon. 17 Oct. 1328, and dated Sun. 16 Oct. in which Nicholas Maderman, citizen, and Avice his wife, daughter of John de Staneford, citizen and pepperer, the former tenants of the def.'s tenement, undertook in return for certain concessions, to receive and convey away into Thamistrete by a leaden gutter extending the whole length of the wall common to them and John de Grantham, the pl.'s father, the water falling from John's roofs and buildings, and to repair and renew the gutter when necessary. Richard contends that the above deed ought not to prejudice his case, since he alleges that in 1352–3, Alan de Horwode, then tenant of the tenement in question, brought an assize against the pl. concerning the very nuisance of which he now complains, and obtained a judgment in his favour [438], and he vouches the record to warranty. On Fri. 26 Aug. the parties come in the presence of Simon Fraunceys, mayor, Roger de Depham, Simon [Dolsely, Simon] de Wurstede, John de Stodeye, William de Tudenham and Thomas Dolsely, aldermen, and Thomas de Brandon, sheriff, but the def. does not produce the record. It is therefore adjudged that within 40 days etc. he repair the gutter conveying the water from the pl.'s roofs and buildings into the street in accordance with the terms of the deed.

[m. 72] Fri. 19 Aug. 1356. Simon Fraunceys, mayor, Roger de Depham, Thomas Dolsely, Simon de Worstede and Richard de Not[ingham], aldermen, and Walter Forster, sheriff.

477. John de Barton and Beatrice his wife complain that the prior of Holy Cross beside the Tower of London has a door in his garden wall opening on to their garden in the par. of St. Olave by the Tower, which they hold of the mayor and commonalty for the life of the longer liver; and that his servants enter their garden and tread down the grass (herbagia) and other things growing there, and see and hear their private business. Walter Forester, sheriff, testifies that the def. was summoned by John atte Walle and John Brademan, but he makes default.

478. Henry de Secheford complains that the prior of the hospital of St. Mary without Bisshoppesgate has three walls (parietes) enclosing his tenement in the par. of St. Michael atte Corne, respectively 22 ft. long and 10 ft. high; (—) ft. long and 10 ft. high; and 15 ft. long and (—) ft. (fn. 3) high; and these he has always been accustomed to keep in repair; but they are now ruinous and broken down so that men can come and go in the pl.'s close. Thomas de Brandon, sheriff, testifies that the def. was summoned by William de Kelshull and John de Morton, attorney. He comes in person but says nothing to delay the assize. After adjournment that the mayor and aldermen may be more fully advised, the assize comes on Fri. 2 Sep. by Simon Fraunceys, mayor, Roger de Depham, Thomas Leggy, Simon de Wurstede, Richard de Notyngham, Thomas Dolsely, Bartholomew Frestlyng and Adam de Bury, aldermen, Thomas de Brandon and Walter Forester, sheriffs, and the pl. appears but the prior makes default. Judgment that he remove the nuisances, which are found to be as alleged, and repair the wall within 40 days etc.

[m. 72d.] Fri. 26 Aug. 1356. Simon Fraunceis, mayor, Roger de Depeham, Simon de Wurstede, Richard de Notyngham, Thomas Dolsely, Simon Dolsely, William de Tudenham, aldermen, and Thomas de Brandon, sheriff.

The pls. in mercy for not prosecuting their suits in 472 and 473.

Fri. 2 Sep. 1356. Simon Fraunceis, mayor, Roger de Depham, Thomas Leggy, Simon de Wurstede, Richard de Notingham, Thomas Dolsely, Bartholomew de Frestlyng and Adam de Bury, aldermen, and Thomas de Brandon and Walter Forster, sheriffs.

479. Assize between Thomas de Lyllyngston, citizen, and Idonia, prioress of St. Mary Clerkenwell, respited by consent of the parties.

480. Thomas de Bakkewell is summoned to answer Simon Dolsely in an assize of nuisance.

Fri. 9 Sep. 1356. Assizes were adjourned owing to the preoccupation of the mayor and aldermen with the affairs of the City and the kingdom.

Fri. 16 Sep. 1356. [Respites only.]

Footnotes

1 St. Mary within Cripplegate (or St. Mary without Bishopsgate?).
2 H.R. 56 (128).
3 Edge of membrane damaged.