ROLL CC

[m.1] (fn. 1) Sat. 22 May 1400. Assizes of novel disseisin and mort d'ancestor. William Hyde and William Walderne, sheriffs, Nicholas Symcok, coroner.

182. By a plaint of intrusion in the Husting of Common Pleas on Mon. 28 Apr. 1399.

Tiffany, prioress of St. Mary of Chesthunt, Hertfordshire, complains that on the Thurs. before the date of the suing-out of her bill Henry Boseworth and Henry Derby disseised her of 40s. rent in the par. of St. Botolph near Byllyngesgate. The pl., by John Clos her attorney, says in support of her title that Richard de Kent, citizen and fishmonger, was formerly seised of the rent from the tenements of which the defs. are tenants, and by deed enrolled in the Husting of Pleas of Land (fn. 2) on Mon. 4 Feb. 1359 he granted the same to Stephen de Cavendisshe, citizen and draper, under the description of 40s. annual and quit-rent payable from his tenements at the corner of Rethereslane in the par. of St. Botolph. The same Stephen, as a freeman of the City, devised the rent in his will (fn. 3) to Christine his daughter, a nun of Chesthunt, for life, with remainder to the prioress and convent, who have been seised of it since Christine's death until disseised by the defs. The defs. make default. The jury comes by John Fers, Thomas Blosse, Edmund Bys, William Bryan, Richard Wyntre, Robert Mersk, Thomas Haunsard, John Elyngeham, Thomas Duffhous, Thomas Bakton, Thomas Reygate and John Burgeys. Verdict for the pl. Damages 40s. The jurors say further that there has been no fraud or collusion contrary to the Statute of mortmain (fn. 4) and that the rent has been in arrears for two years. Defs. in mercy. [m.1d. Blank.]

[m.2] (fn. 5) Sat. 7 Feb. 1411. Assizes of fresh force. John Penne and Thomas Pyke, sheriffs. Coroner absent.

183. The master of the order of Burton St. Lazar in England, warden of the hospital of St. Giles without London, complains that on Thurs. 5 Mar. 1411 (fn. 6) John, abbot of St. Mary of Vale Royal, John Pykeryng, Thomas Brampton, sen., William Strete, carpenter, Richard de Lye, chaplain, Henry Whitby and Isabel his wife and Richard Ikford disseised him of 24s. 6d. rent in the par. of St. Bride in Fletestrete, post primam etc. The abbot appears by William Stokyngton his attorney. Henry Whitby comes in person and the other defs., by William Harryngfeld, deny the disseisin. Henry Whitby, as tenant of a messuage and three shops from which 4s. of the rent in view is alleged to be payable, says that the pl. is not entitled to his assize, since the messuage and shops are outside the pl.'s fee; and he denies that the pl. or any of his predecessors were seised of the 4s. rent aforesaid. The assize comes by William Latham, John Hill, William Balle, Robert Hay, John Fulthorp, Robert Queldryk, Henry Coke, Richard Wellom, William Powe, Richard Pulle, Nicholas Ryngwode and Nicholas [ ]. The jurors say, as far as concerns the 4s. rent, that the pl. was seised thereof until disseised by Henry Whitby and Richard de Lye, that the rent has been in arrears for twenty-five years; and that the other defs. were not implicated. Damages 40s. As regards a further 7s. 2d. of the rent in view they say that the abbot is tenant of the four messuages from which it is due; that he and John Pykeryng disseised the pl. by refusing payment; and that the other defs. named were not implicated. Arrears and damages £10. As to the remaining 13s. 4d. rent they say that it is due from five shops of which Thomas Brampton is tenant; that it has been in arrears for ten years; and that the other defs. named were not implicated. Damages 40s. They say that Geoffrey Setfountaine (de Septem fontibus), predecessor of the pl., was seised of the rent in view, and that all his successors have been so seised until the time of the present warden.

Afterwards on Sat. 30 Jan. 1412 the pl. came before Walter Cotton [and John Reynewell], sheriffs, and asked that the goods and chattels and half the lands and tenements of Henry Whitby and Richard Lye within the liberty of the City be delivered to him, pending the levying of their debt in accordance with the Statute (fn. 7) thereupon provided. [m.2d.] (fn. 8) A jury summoned by William Traynel, sheriff's serjeant, viz. Simon Mayewe, Nicholas Robard, Walter Sprever, John Holand, Thomas Hulle, William Malmeshill, William Reymond, William Stant[ ] [and others] (fn. 9) found that Henry Whitby had no goods or chattels in the City on the day of the recovery of the rent; but that he held two messuages in the par. of St. Bride. Richard de Lye had neither goods nor chattels, lands nor tenements on the day in question. Therefore half of the two messuages is adjudged to the pl.

184. [m.3] Thomas More, dean, and the chapter of St. Paul's complain that on Thurs. 13 Nov. 1410 William Burden, John Bernes and Benedicta his wife and John Wyssyngesete and Margery his wife disseised them of 20s. rent in the par. of St. Botolph without Aldrichegate, post primam etc. The defs., by John Cloos, deny the disseisin. The pls., by Robert Louthe their attorney, say that the rent in view is a quit-rent of which they have been seised time out of mind until disseised by the defs. The assize comes by Alan Bret, John Salter, Thomas Osbern, John Eme, Richard Waltham, John Tregillowe, William Randolf, John Frenssh, John Maplesden, John Westyerd, Nicholas Minot and Roger Kendale. The jurors say that the pls. were seised of the rent until the defs. refused payment to their renter, Thomas Bayly, chaplain, thereby disseising them, and that it is six years in arrears. Damages 13s. 4d. They say that Richard Newport, dean, with the chapter for the time being, was seised of the rent in the reign of Henry III. Defs. in mercy. [m.3d. Blank.]

[m.4] Sat. [27 Feb. 1412?] (fn. 10) Assizes of novel disseisin and mort d'ancestor. Walter Cotton and John Reynewell, sheriffs. Coroner absent.

185. Margery Buntyng, prioress of St. Helen's, complains that on Thurs. 5 Mar. 1411 Maud relict of Henry Payn, fuster, (fn. 11) disseised her of 2s. 6d. rent from tenements in the par. of St. Alban Wodestrete. The def. in person says that the tenement in view is a messuage but that the assize does not lie, because the tenement is outside the pl.'s fee. The pl., by John Clos her attorney, says in support of her title that the rent in question is a quit-rent of which she and her predecessors have been seised time out of mind until disseised by the defs. The def. denies the allegation. The assize comes by Godfrey Preste, William Turnell, John Frenssh, William Smalsho, John Crowche, John Wotton, John Standelf, Peter Torold, Richard Wodecok, William Randolf, John Swalwe and John Cosham. Verdict for the pl. The jurors say that Joan Waltham, sometime prioress, was seised of the rent in the time of Henry III, and that it has been in arrears for a year and a quarter. Damages 5s. Def. in mercy. [m.4d. Blank.]

[m.5] Sat. 6 Feb. 1412.

186. Thomas More, dean, and the chapter of St. Paul's complain that on Thurs. 4 Jun. 1411 John Garton, Richard Cliderowe, John Weston, Thomas Litewyn, John Bele and John Broghyng disseised them of 4s. rent from a tenement in the par. of St. Peter Bradstrete. The defs. make default. The pls., by Robert Louthe their attorney, say in support of their title that the rent in question is a quit-rent of which they have been seised time out of mind until disseised by the defs. The assize comes by Alexander Heed, John Cole, Robert Marchall, Adam Smalstrete, Roger Stokton, Robert Twyer, Richard Coroner, John Bourer, John Thorp, John Mogyll, John Byle and William Kent. Verdict for the pls. The jurors say that the pls. were seised of the rent in the time of Henry III and were so seised until the defs. refused payment to Henry Jolipas, renter of St. Paul's. Damages, including seven years' arrears, 43s. 4d. Defs. in mercy. [m.5d. Blank.]

[m.6] Sat. 7 Nov. 1411. Assizes of fresh force.

187. Thomas Lakenham, master of St. Bartholomew's hospital in Westsmethefeld, complains that on Thurs. 4 Jun. 1411 Nicholas Hebbeden, kt., John Sapurton, Thomas Hagh, Richard Hagh, Thomas Claymond, John Slory and Margaret his wife and John Wykes and Joan his wife disseised him of 43s. rent from a tenement in the par. of St. Sepulchre without Newgate in Faryngdon ward without. The defs. make default. The pl., in person, says in support of his title that the rent in question is a quit-rent, and that he and his predecessors have been seised of it time out of mind until disseised by the defs. The assize comes by John Shirlok, John Rysle, Robert Brampton, Simon Mayhewe, Robert Athelard, Henry Cook, John Turvey, John Quyntyn, John Haddon, John Fulthorp, Robert Queldryk and John Ballard. The jurors return a verdict for the pl. for 37s. of the 43s. rent, but say that the disseisin was done by John Wykes and that the other defs. named were not implicated. They say that when Reginald Coke, renter of the pl., attempted to collect the rent and to distrain for the arrears, the def. John Wykes unlawfully recovered the distresses. Damages, including sixteen years' arrears, £31 12s. John Wykes in mercy and the pl. for a false plaint as regards the other defs., and as regards the 6s. in excess of the 37s. aforesaid, of which the jurors say that he was never seised. [m.6d. Blank.]

[m.7] Sat. 16 Jul. 1412.

188. The master of the order of Burton St. Lazar of England, warden of the hospital of St. Giles without London, complains that on Thurs. 7 Apr. 1412 William, abbot of St. Mary of Woborne, Beds., disseised him of 4s. rent in the par. of St. Benet Pauliswharf. The def., by John Barton, denies the disseisin. The pl. says that the tenement from which the rent is payable comprises one messuage and that he and his predecessors have been seised of the rent time out of mind until disseised by the def. The assize comes by Thomas Hogate, Thomas Richard, William Essex, Nicholas Turk, John Littelyngton, Stephen Hull, John Clerk, John Parker, Thomas atte Wode, Guy Terry, Stephen Bugge and William Arnold. Verdict for the pl. The jurors say that the rent has been in arrears for ten years and that Geoffrey de Setfountaine (de Septem fontibus), predecessor of the pl., was seised of it in the time of Henry III. Damages 20s. Costs 60s. Def. in mercy. [m.7d. Blank.]

[m.8] Sat. 9 Jul. 1412.

189. The master of the order of Burton St. Lazar of England, warden of the hospital of St. Giles without London, complains that on Sat. 9 Apr. 1412 John Cosyn, grocer, and Margaret his wife disseised him of 6s. 8d. rent from a tenement in the pars. of St. Martin in the Vintry and St. Michael Paternostercherche. The defs., by Thomas Stable their attorney, say that the tenements in view comprise one messuage but that the assize does not lie because it is outside the pl.'s fee. The pl., in person, says in support of his title that he and his predecessors have been seised of the rent time out of mind until disseised by the defs. The assize comes by William Marchall, John Thressher, Thomas atte Wode, John Parker, Thomas Kebell, John Clerk, Thomas Coffyn, Stephen Bugge, Guy Terry, Nicholas Chevall, Edmund Salle and John Bergrove. Verdict for the pl. The jurors say that the rent has been in arrears for six years and that Geoffrey de Setfountaine (de Septem fontibus), predecessor of the pl., was seised of it in the time of Henry III. Damages 20s. Costs 60s. Defs. in mercy. [m.8d. Blank.]

[m.9] Sat. 7 Nov. 1411.

190. John Watteford, prior of St. Bartholomew in Westsmythefeld, complains that on Thurs. 7 May 1411 Matthew Carlyll, pinner, disseised him of 8s. rent in the par. of St. Andrew at Baynardescastell. The def. appears in person, but says nothing to retard the taking of the assize. The pl., by William Stokyngton his attorney, says in support of his title that the rent in question is a quit-rent of which he and his predecessors have been seised time out of mind until disseised by the def. The assize comes by Ralph atte Swych, Nicholas Turk, Edmund Dene, John Lytlyngton, William Powe, Richard Wellome, Thomas Garthorp, Richard Barton, John Clerke, Guy Terry, Robert Knotte and Thomas atte Wode. Verdict for the pl. The jurors say that when John Dalemare, one of the canons of the house, distrained upon the tenements of the def. and seized a copper pot worth 10s., the def. replevied the same, and that this, according to the custom of the City, constituted the disseisin. John Kensyngton, formerly prior, was seised of the rent in the time of Henry III. Damages, including four years' arrears, £3 5s. 4d. Def. in mercy. [m.9d. Blank.]

[m.10] Sat. 23 Jul. 1412. Assizes of novel disseisin and mort d'ancestor.

191. Thomas More, dean, and the chapter of St. Paul's complain that on Thurs. 16 Jun. 1412 John Parker disseised them of 60s. rent in the par. of St. Mary Magdalene in Milkstrete, post primam etc. The def. makes default. The pls., by Robert Louthe their attorney, say in support of their title that Richard de Mompesson (de Monte pessulano), citizen of London, was seised of the messuage from which the rent is payable, and by his deed produced in court and dated Fri. 2 Jul. 1305, granted to sir Henry de Guldeford, called le Mareschal, a quit-rent of 6 marks, of which the 60s. in view are parcel, from his tenement in the aforesaid par. situated between the tenement of Hugh Mulgar, citizen, on the west, and the tenement of Odo de Essex on the east, and Westchep on the south. Henry de Guldeford in his will (fn. 12) devised all his houses and rents in the town of London for the maintenance of a chantry in the church of St. Paul. After his death his executors Osbert de Paciencia, abbot of Dureford, Hervey de Stauntone, William de Ayot and John de Brudeford or Brugeford, (fn. 13) in a composition read and enrolled in the Husting of Common Pleas (fn. 14) on Mon. 4 Feb. 1314, granted to the dean and chapter, among other tenements and rents in London, the 60s. rent in view, payable from a shop in Westchep, for the maintenance of a chaplain and his clerk to celebrate in perpetuity for the soul of the testator; in virtue of which grant Richard Neuport, then dean, and the chapter were duly seised of the rent aforesaid. Afterwards the king by his letters patent (fn. 15) dated 20 Nov. 1320 confirmed to the dean and chapter the tenements, rents, etc. granted to them for the foundation of chantries and other pious purposes without royal licence. In virtue of this grant and confirmation they were seised of the rent in view until the def., approached by Ralph Searle, their servant and renter, refused to pay. The assize comes by Walter Strete, Thomas Barwe, Alexander Sprot, John Wotton, Edmund Salle, John Coventre, Stephen Bugge, Guy Terry, Simon Sewale, John Standelf, Peter Torold and Thomas Hatfeld. The jurors say that the pls. were duly seised of the 60s. rent payable from a shop and solar called 'le lyon' in which John Sois, saddler, now lives and that they were disseised by the def. Damages, including twenty-seven years' arrears, £83. Def. in mercy. Damages and arrears remitted by the pls. (fn. 16) [m.10d. Blank.]

[m.11] Sat. 11 May 1409. Thomas Duke and William Norton, sheriffs, Richard Alfeld, coroner.

192. Nicholas Coke son of Robert Coke, late citizen and glover, complains (fn. 17) that William Fitz Hughe and Ellen his wife disseised him of a messuage in the par. of All Hallows atte Walle, post primam etc. The defs., by Thomas Stable their attorney, say that the assize does not lie, because Robert Serve, sometime prior of the new hospital of St. Mary without Bisshopesgate, was seised of the messuage, and with the consent of his chapter, by indenture dated 32 Henry III [1247–8], granted to William le Noreis, citizen and currier, certain land with houses upon it which they had by the gift of Hugh de Basing, between the land of Michael Witawier on the south and the king's highway on the north, to hold to him and his heirs for ever for a yearly rent of 12s., reserving to the prior the right of re-entry should the rent be in arrears for a full year; witnesses: Nicholas son of Joce, alderman, Roger de Epping, John de Herlindon, Thomas Godchep, Robert Pistor, Nicholas le Seynter, William Tannere, William Prud and Edmund Bedell. Thereafter William le Noreis enfeoffed William Knyghtcote, who enfeoffed Robert Cok, late citizen and glover, who has issue Richard, sen., Richard, jun., and Nicholas, the pl.; and by his will (fn. 18) Robert devised the tenement in view, under the description of all that his tenement called Litellondone with houses and adjoining gardens in the par. of All Hallows atte Walle, to his son Richard, jun., in fee tail, with reversion to his son Richard, sen., or, in the event of his death without issue, to his third son Nicholas, or, should he also die without issue, to William his brother. The defs. say that on the death of the testator, Richard, jun., was duly seised of the tenement, but died without issue, whereupon Richard, sen., entered. Richard, sen., married Ellen, now the wife of William Fitz Hughe, the def. Afterwards the rent of 12s. fell into arrears for four years, viz. 13–16 Richard II [1389–93], whereupon John Mildenhale, late prior, entered upon the messuage under the terms of the indenture. Subsequently the pl., Nicholas, entered upon his possession and was ejected; the prior afterwards enfeoffing Richard, sen., and Ellen his wife with the messuage to hold in fee tail with remainder to Nicholas. Richard dying without issue, his widow as aforesaid married William Fitz Hughe. [m.11d.] The defs. therefore ask that the pl. be precluded from the assize. The pl., protesting, says that he does not acknowledge the indenture to be the deed of Robert Serve, nor that William le Noreis was seised by feoffment of the same Robert; and he says that he ought not to be precluded from the assize, because Robert his father was seised of the tenement and devised it in successive tail to Richard, jun., his son, Richard, sen., his son, and the pl., who entered after the death of the second Richard without issue. He denies that the rent of 12s. was ever in arrears, or that John Mildenhale ever entered upon the premises as alleged by the defs. After adjournment the assize comes by John Salman, Thomas Overey, Thomas Sutton, John Cole, John Mendham, Guy Laurence, William Weston, Adam Smalstrete, Richard Stacy, Roger Stokton, Thomas de Kent and Thomas Holt, but the pl. asked that he might be summoned, and having been called he failed to appear. Therefore he is non prosecutus.

[m.12] Sat. 28 Nov. 1411. Assizes of mort d'ancestor and fresh force. Walter Cotton and John Reynewelle, sheriffs. Coroner absent.

193. Richard Jepe, parson of All Hallows Honylane, complains that on Thurs. 15 Oct. 1411 Henry Fouller and Elizabeth his wife disseised him of 6 marks rent in the par. of St. Mary Magdalene in Melkstrete. The defs., by John Lokwher, say that there was no tenant of the tenement in view at the date of the suing-out of the bill or later; alternatively they deny the disseisin. The pl. says in support of his title that the rent is a quit-rent, and he and his predecessors have been seised of it time out of mind until disseised by the defs. who were tenants of the tenement from which it is payable, as of the right of Elizabeth, at the time of the suing-out of the bill. The assize comes by John Cosham, John Wotton, Richard Wodecok, Simon Sewale, Peter Thorold, John Pake, John Frenssh, William Turnell, William Smalshoo, John Parker, John Ballard and Godfrey Prest. Verdict for the pl. The jurors say that Henry Stalyng, late parson of the church, was seised of the rent in the time of Henry III. Three-quarters of a year's arrears, £3. Damages 13s. 4d., but these are afterwards increased at the request of the pl. to £1. Defs. in mercy. [m.12d. Blank.]

[m.13] (fn. 19) 14 Jun. 1410. Assizes of novel disseisin and mort d'ancestor. William Chichele and John Lane, sheriffs. Coroner absent.

194. John Ive, rector of St. Michael in Hogenlane, complains that on Thurs. 15 May 1410 Alice relict of Simon Wynchecombe, late citizen and armourer, Richard Person, armourer, William Pountfreyt, jun., citizen and skinner, Nicholas Bremysgrove, clerk, and Thomas atte Hoo, chaplain, disseised him of three messuages and a parcel of land measuring 54 × 31 ft. in the par. of St. Lawrence in Jewry. The pl. appears by William Ruston his attorney. Alice appears by John Close her attorney, and Richard and William, in person. Nicholas and Thomas, by John Close, say that the tenements in view are situated in the par. of St. Mary Aldermanbury and not in the par. of St. Lawrence; alternatively they deny the disseisin. Alice, as tenant of the tenements in view, says that the assize does not lie because Richard de Basyngstoke was seised of them and in his will (fn. 20) devised them to the then rector of St. Michael, viz. to Robert Wyssyngden. At the time of the devise the premises were in the par. of St. Mary Aldermanbury but after the testator's death a covenant was made between the rector of St. Mary Aldermanbury and the rector of St. Lawrence in Jewry that henceforward they should belong to the par. of St. Lawrence. Thomas Peytevyn, who was afterwards seised of the tenements, enfeoffed Simon Wynchecombe, who enfeoffed William Evot, who demised them to Alice, the def., for life. Subsequently the pl., claiming the tenements in right of his church, entered upon Alice's possession; but he was ejected by the defs., Nicholas and Thomas, and Alice re-entered. Richard Person says that he, and not Alice, is tenant of the tenements in question; for he says that he was enfeoffed by Simon Wynchecombe, who had been enfeoffed by Thomas Peytevyn. Later the pl. entered upon his possession, but was ejected by Nicholas and Thomas, whereupon he re-entered. William Pountfreyt says that he is tenant of the tenements in question. He pleads in a like manner to Alice but says that after she had been enfeoffed by William Evot she had granted the tenements to him; the pl. entered upon his possession but was afterwards ejected by Nicholas and Thomas, and he re-entered. The pl. agrees that William Pountfreyt, and not Alice or Richard, is tenant of the tenements in view, and therefore he considers that he is not bound in law to answer Alice and Richard. They separately re-affirm their claim to be the tenants of the tenements in question, as against that of William, and because the pl. refuses to answer their pleading separately they ask judgment. As far as concerns the pleading of William, the pl. then says that he has no cognisance of the covenant alleged to have been made between the rector of St. Mary Aldermanbury and the rector of St. Lawrence in Jewry, nor does he admit that Thomas Peytevyn was ever seised of the premises. He acknowledges that Richard de Basyngstoke held them, and, under the description of all his lands and tenements in the par. of St. Lawrence, devised them to the rector of St. Michael in Hogenlane, he being at the time of the devise a freeman of the City. Under the terms of the bequest Robert Wyssyngden, formerly rector of St. Michael, and after him William de Chyntyng, and after him John Ive, the present rector, were seised of the three messuages and plot of land in view until disseised by the defs. He says, moreover, that the premises were not, as alleged by William Pountfreyt, in the par. of St. Mary Aldermanbury at the time of the devise, but in the par. of St. Lawrence in Jewry where they have been time out of mind. The assize comes by Thomas Wytton, John Swalwe, John Cosham, Richard Bures, Roger Loundres, John Norman, John Ballard, Godfrey Preest, Stephen Toppesfeld, Nicholas Stratton, William Cley and John Frenssh. The jurors say that William Pountfreyt and no other is tenant of the tenements in view, and that the tenements are in the par. of St. Lawrence in Jewry and have been time out of mind. They say further that the pl. was seised of the same in virtue of the bequest of Richard de Basyngstoke until disseised by William Pountfreyt. Damages £12. The other defs. named were not implicated. They say that there was never any such covenant between the rector of St. Mary Aldermanbury and the rector of St. Lawrence in Jewry as the def. alleged, nor was Thomas Peytevyn ever seised of the tenements in view. Therefore it is adjudged that William Pountfreyt be in mercy and the pl. for a false plaint as regards the other defs.

[m.13d.] Endorsement: Assizes of [?10], (fn. 21) 11, 12 and 13 Henry IV and 22 Richard II [1408–9 to 1411–12 and 1388–9].

Footnotes