APPENDIX I

[Deeds PH3/416B/4] (fn. 1) Sat. 29 Jan. 1317. Assizes of novel disseisin and mort d'ancestor. Ralph le Balauncer and William de Caustone, sheriffs, John de Wengrave and John de Shyrbourne, coroners.

271. John de Ware complains that on Wed. 23 Jun. 1316 Thomas Poyntel and Joan his wife, Agnes relict of Luke de Ware, John le Tabletter and John le Bole disseised him of one messuage and three shops in the par. of St. Nicholas Shambles. Thomas Poyntel and Joan his wife come. The other defs., by Robert le Blound, deny the disseisin. Thomas and Joan as tenants of the tenements in view say that the assize does not lie because the pl. quitclaimed his right to them for 16s. annual quit-rent. The pl. is not able to deny this allegation and is therefore in mercy and the defs. sine die.

Endorsement: Assize concerning tenements in the Shambles, London. 'A court roll for the landes in the Shambles,' (fn. 2) 10 Edward II.

[H.C.P.R. 105, m.12] (fn. 3) Sat. 28 Apr. 1380. William Baret and John Heylesdon, sheriffs, Nicholas Symcok, coroner.

272. Richard Lyons complains that on Fri. 17 Feb. 1380 John Wiltshire, grocer, and Alice his wife disseised him of a tenement in the par. of All Hallows at Hay. The defs., by Richard Forster, say that the pl. was never seised of the messuage in view. Alternatively they deny the disseisin. By agreement of the parties the assize comes, but when eleven of the recognitors have been sworn, John Wiltshire appears in person and offers to surrender to the pl. the tenement in view, acknowledging the justice of his plaint. Thereupon Alice asks to be admitted to plead, on the ground that she is the tenant of the messuage, and John her husband has no interest in it save through her. She says that Stephen de Preston was formerly seised of the premises, and devised them to John his son in fee tail, or in failure of issue to John, to Walter his second son, or in failure of issue to him, to Sarah and Isabel his daughters. In virtue of which entail the premises came eventually into the hands of Sarah and Isabel, who were jointly seised, without any partition being made. Sarah had issue James and Joan, and Isabel had issue Alice, the def. After the death of Sarah, Isabel was jointly seised with James her nephew of the tenement in view. Subsequently, on 24 Jun. 1371, James and Isabel demised it for twelve years to William de Adewell, at an annual rent of £6. Afterwards James died, and his sister Joan received the rent together with Isabel, but on Joan's death without issue her interest passed to Isabel. After Isabel's death, her daughter Alice, the def., was in possession under the terms of the devise aforesaid. Thereafter Richard Chaddesley entered upon the possession of the def. and her husband and enfeoffed Richard Lyons, the pl., whom John and Alice promptly ejected, as they were entitled to do. Alice produces in court the will of Stephen de Preston. The pl. asked whether he has anything to say answers that Alice ought not to have been admitted to plead, since the plea entered by the defs.' bailiff had already been referred to the assize, and eleven of the recognitors had been sworn. The court, acquiescing in the opinion that Alice ought not to have been admitted, causes the twelfth juror to be sworn. The jury, viz. William Brikkles, Henry Baret, Walter Iwayn, Richard Lytlyngton, Gilbert Merssh, Ralph Castel, Thomas Medlane, Edward Wyderton, Thomas Yonge, Roger Morton, Blaise de Bury and John Donyngton, finds for the pl. Damages 6s. 8d. After adjournment that the court may be more fully advised, the parties come and judgment is given for the pl. Defs. in mercy.

[Filed with Fr. F. 11x] (fn. 4) Sat. 20 Sep. 1470. Assize of fresh force. Robert Drope and Richard Gardener, sheriffs. Exemplification sealed with the mayoralty seal (fn. 5) on the same day.

273. By a plaint of intrusion in a congregation of the mayor and aldermen on Mon 6 Nov. 1469.

Henry Burton, prior of St. Mary Overey, complains that Joan Olney, widow, disseised him of 40s. rent in the par. of St. Mary Magdalene in Milkstrete. The def. appoints James Bradman her attorney, at the instance of John Neve, citizen and mercer, and by the same James says that the tenement from which the rent is alleged to issue consists of a hall, seven chambers, a kitchen, a 'lardirhous', a cellar, a pantry, a warehouse, stable and shop with a room over, but of the shop and room there was no tenant named at the date of the suing-out of the bill, and the bill ought therefore to be quashed. As regards the rest of the premises she says they are outside the pl.'s fee. The pl., by George Mountfort his attorney, says in support of his title that the tenements upon which the rent is chargeable comprise a large messuage formerly inhabited by James Olney, late mayor, and that John Botsham, the pl.'s predecessor, was seised of the rent and resigned the priory into the hands of William, bishop of Winchester, ordinary of the priory. The pl. having been duly elected to succeed him, demanded from the def. the arrears of the rent in question but was refused payment; and the def. further enfeoffed with the shop and room divers persons unknown to the pl. so that he should not know against whom to proceed in the matter. (fn. 6) The assize comes by John Whitbarowe, Simon Sely, Thomas Ady, Henry Pratte, Oliver Causton, Nicholas Hynde, John Aston, John Ruttour, John Benton, William Trevistan, John Lewys and Thomas Hertwell. The jurors say that Joan is the sole recipient of the issues and profits of the messuage, as alleged by the pl., that John Botsham and his predecessors were seised of the rent time out of mind, and that the present pl. was duly elected after the surrender of the priory by John to the bishop of Winchester. They find that the def. disseised the pl. by refusing payment of arrears. Thirteen years' arrears, damages and costs, £27 6s. 8d. Def. in mercy.

[Fr. F. 13x] (fn. 7) Sat. 23 Nov. 1583. William Massham and John Spencer, sheriffs, William Squyer, coroner.

274. In the Husting of Common Pleas on Mon. 18 Nov. 1583 (fn. 8) Francis Lyndesell, clerk, rector of Stretehall, Essex, brings a plaint of intrusion against Isabel Lyon, widow, John Lyon, Henry Lyon, John Hayward and John Gardyner. Pledges to prosecute, John Doo and Richard Roo. (fn. 9)

The pl. complains that the defs. disseised him of £6 6s. 8d. rent, from two messuages in the par. of St. Benet Sherehogg in Chepe ward, and from a messuage in the par. of St. John in Walbrooke in Cordwaynerstrete ward, post primam etc. viz. on 25 Oct. 1583. John Gardyner, by William Dalby, John Watson and William Davys his attorneys, answers as sole tenant of the messuage in view, which he says is outside the pl.'s fee. The pl., by James Smyth and Edward Herne his attorneys, says in support of his title that Henry Woodcocke, freeman and court-hand writer, on 24 Oct. 1515 devised (fn. 10) the rent to the parson of Stretehall; in virtue of which devise Thomas Abbott, then rector, was duly seised of the same. After Thomas's death, the pl. was presented to the living by Thomas Crawley, esquire, and thereafter was seised of the rent by the hand of Richard Lyon, then tenant of the tenements from which it is due. Afterwards, however, the rent fell into arrears and when the pl. sought payment the defs. refused it. After various adjournments the assize comes by William Brookebancke, Edward Buckley, Robert Smyth, William Tyrrell, Hugh Apparrye, William Glover, Richard Cowper, William Hudson, Owen Johans, John East, Stephen Skarbrough and William Peacoke. The jurors say that Isabel Lyon is the sole tenant of the two messuages in the par. of St. Benet, and that John Gardyner is tenant of the third messuage in the par. of St. John, and that they disseised the pl. of the rent in question. The other defs. named were not implicated. Seven years' arrears, damages and costs, together with an increment of £18 amount to £60 7s. 8d. The pl. elects to have custody of the goods and chattels and half the lands, rents and tenements of the disseisors pending satisfaction. (fn. 11)

Panel of jurors. (fn. 12) [The names of those not sworn are as follows:] Humphrey Walcott, William Johnson, John Stone, Walter Plomer, Alexander Hicke, Francis Bradborne, John Prentis, William Hobson, George Stanesmore, Humphrey Corbett, Edwin Babbington, Henry Gee.

[Fr. F. 15x] Sat. 10 Feb. 1588. Thomas Skynner and John Catcher, sheriffs, William Squyer, coroner.

275. In the Husting of Common Pleas on Mon. 5 Feb. 1588 William Page, citizen and ironmonger, brings a plaint of intrusion against Nicholas Lawrans and Anne his wife and Henry Nayllor. (fn. 13)

The pl. complains that the defs. disseised him of a messuage in the par. of St. Dunstan in the East in Tower ward, infra quarentenam etc. viz. on 30 Jan. 1588. The pl. appears by William Dalby and Edward Herne, his attorneys. The defs., by James Smythe and William Davys their attorneys, deny the disseisin. After numerous respites the assize comes by William Luson, Edward Goodman, Ralph Querneby, Edmund Puckle, John Newton, Thomas Younge, Richard Smythe, William Grenewelle, William Weston, William Hill, John Chaplyn and Thomas Collopp. The jurors say that Nicholas and Anne disseised the pl. of the messuage in view, but that Henry Nayllor was not implicated. Damages 20s., costs 12d. and increment £20. Pl. in mercy for a false plaint as regards Henry Nayllor. The other defs. in mercy. [The following recognitors were impanelled but not sworn:] Guy Bower, Maurice Walker, Thomas Silliarde, Thomas Ebe, Ralph Claxton, Thomas Edwardes, Robert Preston, Henry Richardson, Richard Kyrbye, Thomas Maddock, Thomas Newman and Matthew Cheston.

[1600].

276. [In the Husting of Pleas of Land on Mon. 25 Feb. 1600]. Thomas Benedict, court-hand writer, brings a plaint of intrusion against William Thatcher concerning a tenement in the par. of St. Bride [Mon. 25 Feb. 1600]. (fn. 14) Panel of jurors: Farringdon without: John Webster, Thomas Cornishe, (fn. 12) Richard Lowrey, Thomas Browne, Thomas Potter, John Tucker, 'mort.'; Farringdon within: Thomas Manne, (fn. 12) William Ponsonbye, John Hankinson, (fn. 12) Thomas Goulde, Henry Kindersley, (fn. 12) Robert Pavey (fn. 12) ; Castle Baynard: John Warren, Thomas Pulford, Richard Chambers, (fn. 12) Nicholas Treswell, Richard Tennente, John Tommes; Aldersgate: John Sutton, Robert Coller, (fn. 12) Robert Damporte, Morgan Price, Andrew Goodyere, Thomas Whitlock. (fn. 12) Extras: Farringdon without: James Knivyn, Robert Paramore (fn. 12) ; Farringdon within: James Halfheade, (fn. 12) Christopher Parris; Castle Baynard: Lancelot Ottertorne, (fn. 12) John Porter (fn. 12) ; Aldersgate: John Burnford, John Bente.

[Fr. F. 14x] (fn. 15) [1591].

277. By a plaint of intrusion in the Husting of Common Pleas on Mon. 25 Oct. 1591.

The mayor, commonalty and citizens of the City of London complain that Nicholas Crofte disseised them of a messuage in the par. of All Hallows Stayning. Verdict for pls. Damages 1d. Costs 12d. Increment £10. Def. in mercy.

Panel of jurors. (fn. 16) Towre: John Highlorde, Richard [Sharne?], Thomas Farrington, Robert Dawborne, William Watson, Robert Hutchinson. Langborne: Hugh Parkes, (fn. 12) Austin Sodaye, Thomas Jones, (fn. 12) William Cocknedge, (fn. 12) John Yeomans, (fn. 12) Richard Smythe. (fn. 12) Algate: John Chaplyn, (fn. 12) Cesar Doffye, Peter Howes, Edward Mallins, (fn. 12) George Lea, (fn. 12) William Blower. (fn. 12) Billingsgate: Francis Shawe, (fn. 12) Richard Arnolde, John Draper, Thomas Tomkyns, Thomas Barbor, Robert Brunskill. [William Shute, (fn. 12) William Drywood (fn. 12) ]. (fn. 17)

[Small Suits 4. 22] Sat. 29 Jan. 1592. William Ryder and Benedict Barnham, sheriffs, Thomas Wilbraham, coroner.

278. In the Husting of Pleas of Land on Mon. 24 Jan. 1592 the mayor and commonalty etc. bring a plaint of intrusion against Baptist Starre concerning one messuage in the par. of All Hallows Staining in Tower ward. Humphrey Grymshawe, vintner, and Thomas Lucas, scrivener, summoners. (fn. 18)

William Dalbye and Edward Herne attorneys for the pls.

James Smythe and Richard Wrenche attorneys for the def.

The pls. complain that the def. disseised them, infra quarentenam etc. viz. on 20 Jan. The def. seeks a day, and on 5 Feb., by his attorney, denies the disseisin. The recognitors are impanelled: [Tower:] (fn. 19) John Stokes, Francis Watson, John Bamridge, William Pryme, (fn. 22) William Wiggins, Hugh Moore; [Aldgate:] William Frisingfeild, (fn. 22) William Elam, (fn. 22) Richard Clarke, (fn. 22) Richard Sallomon, (fn. 22) George Bassett, (fn. 22) Henry Hethercampe (fn. 22) ; [Langbourn:] William Hill, (fn. 22) Henry Richardson, William Grenewell, (fn. 22) Thomas Francklyn, Stephen Hosier, (fn. 22) Thomas Parkes (fn. 22) ; [Billingsgate:] Henry Wolley, John Leaman, (fn. 22) Thomas Barbor, Christopher Williamson, John Fitzwilliams and Thomas Younge. After two respites for lack of recognitors the assize comes and finds for the pls. Damages 12d. Costs 12d. After adjournment that the court may be advised, the pls. are adjudged to recover seisin. (fn. 20) Increment £14. Def. in mercy. (fn. 21)

[Husting Box 5. 13] Sat. 17 Jun. 1592. William Ryder and Benedict Barnham, sheriffs, Thomas Wylbraham, coroner.

279. In the Husting of Pleas of Land on Mon. 12 Jun. 1592 John Younge, bishop of Rochester, rector of St. Magnus Martyr in Bridge ward, Thomas Thomas, merchant tailor, and Thomas Greene, cutler, citizens of London, churchwardens, bring a plaint of intrusion against Michael Blage and Lawrence Grene concerning one messuage in the par. and ward aforesaid. (fn. 22)

James Smythe and William Byrchinsha attorneys for the pls.

William Dalby and Edward Herne attorneys for the defs.

The pls. complain that the defs. disseised them infra quarentenam viz. on 9 Jun. The defs. seek a day, and on 1 Jul. Michael Blage says that he is not the tenant of the messuage nor was he the tenant on the day of the suing-out of the bill; alternatively, he denies the disseisin. Lawrence Greene, by his attorneys, denies the disseisin. The recognitors are impanelled: [Bridge:] (fn. 23) Richard Brattle, Anthony Leather, (fn. 30) Thomas Bulman, William Stone, (fn. 30) John Emmes, (fn. 30) Owen Morgan; [Billingsgate:] Thomas Younge, (fn. 30) Andrew Phones, George Hamon, (fn. 30) Thomas Barbor, Henry Wolley, Richard Poyntell (fn. 30) ; [Candlewick strete:] Thomas Hussey, (fn. 30) Thomas Ketcher, Roger Cotton, John Kynge, Lawrence Monnes, Thomas Woodnett (fn. 30) ; [Dowgate:] Thomas Russell, John Easte, (fn. 30) John Barloe, (fn. 30) Thomas Crompton, Edward Forster, (fn. 30) Thomas Dent. (fn. 30) Twelve appear and are sworn. The jurors say that Greene disseised the pls. but that Blage was not implicated. Damages 1d. Costs 12d. Increment £12 17s. Pls. in mercy for a false plaint as regards Blage. (fn. 24)

[Small Suits 4. 20] Sat. 5 Jul. 1595. Robert Lee and Thomas Bennett, sheriffs, Thomas Wilbraham coroner.

280. [m.1] (fn. 25) By a plaint of intrusion in the Husting of Common Pleas on Mon. 30 Jun. 1595. (fn. 26)

John Bell, rector of St. Michael Queenhithe, and John Fenne, bricklayer and tiler, and William Baker, salter, churchwardens, complain that Richard Ravenscrofte, Richard Cutler, Thomas Saywell, alias Saywill, Richard Harvye, William Bullocke, George Barker and Gilbert Mentam disseised them of four messuages in the par. of St. Michael Queenhithe and two messuages in the par. of St. Mary Somerset. The pls. appear by John Floyd and Edward Hearne their attorneys and the defs. by James Smythe and Francis Tylney their attorneys. The pls. complain that the defs. disseised them infra quarentenam viz. on 18 Jun. The defs. seek a day, and on Sat. 19 Jul. Cutler, Saywell, Harvye, Bullocke, Barker and Mentam, by their attorneys, deny the disseisin. Richard Ravenscrofte, as tenant of the tenements in view, says by his attorneys that the assize does not lie because the queen [m.2] by letters patent (fn. 27) dated 18 Sep. 1564 granted the tenement to William Gryce, esquire, her serjeant, and Anthony Foster of Comner, Berks., esquire, and they by deed dated 19 Sep. 1564 and enrolled in Chancery sold it to Bartholomew Brokesby and John Walker, who by deed dated 10 Oct. 1564 and enrolled in Chancery sold it to Thomas Fanshawe, gentleman, who by deed dated 16 Feb. 1570 granted it to Thomas Ravenscrofte, citizen and cordwainer, who in his will dated 16 Oct. 1581 bequeathed it to Richard Ravenscrofte for life. Thomas dying on 24 Jan. 1583, Richard entered into the tenement until the pls. claiming by virtue of a feoffment made to them by William Gryce and Anthony Foster disseised him and gave possession to John Style until Richard Ravenscrofte re-entered as he was entitled to do. The pls. seek a day to answer and on 9 Aug. the recognitors are summoned: Paul Hawkyns, John Kente, (fn. 33) John Daffye, (fn. 33) Roger Roughell, (fn. 33) Thomas Selbye, John Peede, (fn. 33) Titus Westbye, Thomas Platte, Roger Silverwood, (fn. 33) Nicholas Marten, Alexander Founde, Christopher Shawe, Thomas Boxe, John Hulson, Robert Greene, Roger Marston, Lawrence Waldo, (fn. 33) William Pryce, Thomas Dawson, (fn. 33) George Kyrwyn, (fn. 33) Nicholas Cooke, Richard Hackett, (fn. 33) Thomas Mason (fn. 33) and Robert Shawe, (fn. 33) but none appear and so they are in mercy. On Sat. 9 Aug. the pls. say they ought not to be precluded from the assize for the reasons given by Richard Ravenscrofte. They say that in the City all tenements are devisable by testament and that any freeman can bequeath and devise his messuages, etc. in mortmain and otherwise, and that the rectors and churchwardens of the parishes of the City are bodies corporate and politic. They say further that before the time of the letters patent mentioned by Richard Ravenscrofte, i.e. on 24 May 1448, John Parker, citizen and freeman, brewer, [m.3] being seised of the tenements did in his will bequeath them to Thomas Herringe then rector of St. Michael Queenhithe, and Thomas Saunder and William Codnam, churchwardens, who entered after the death of John Parker, and that the pls. were seised of the tenements as successors until disseised by the defs. Whereupon Richard Ravenscrofte seeks a day and after further respite for lack of recognitors on Sat. 4 Oct. the assize comes before Thomas Lowe and Leonard Hallyday, sheriffs, and the same coroner. The jurors (fn. 28) say that the queen was seised of the tenements as alleged by Richard Ravenscrofte and furthermore that Richard Cutler disseised the pls. of one messuage. [m.4] Damages 6s. 8d. They say that Thomas Saywell disseised the pls. of one messuage. Damages 6s. 8d. They say further that Richard Hervye, William Bullocke, George Barker and Gilbert Mentam disseised the pls. of one messuage. Damages 6s. 8d., costs 12d. After further respites that the court may be advised the parties appear on 17 Jan. 1596. The pls. doubting the verdict of the assize seek a precept to certify the assize according to common law which is granted. [m.5] The recognitors summoned to appear on Sat. 14 Feb. to certify upon articles touching the assize (fn. 29) come and say that the pls. were seised of the tenement until disseised by Richard Cutler, Thomas Saywell alias Saywill, Richard Harvye, William Bullocke, George Barker and Gilbert Mentam and that they disseised the pls. of no other messuages but the one which they said, and that Richard Ravenscrofte made no disseisin, and further that there was no fraud or collusion between the parties contrary to the Statute of mortmain, and further that Cutler and the others were sole tenants of the respective messuages. (fn. 29) [m.6] After further respites that the court may be advised, on Sat. 12 Jun. [m.7] the defs. say that the certificate of this assize ought not to be taken because the issue between the pl. and Richard Ravenscrofte was joined upon the seisin of the Queen nor should the grant to William Gryce and Anthony Foster be entered on the roll and, having been entered, should be taken out because it was in bar of Richard before the estate and seisin (ante statum et seisinam) of Gryce and Foster. The defs. say further that the recognitors had not made a new view of the tenements; that the precept certifying the assize was sought by the pls. and not by the defs. and that the petition was not made within 40 days but after. Whereupon the court gave judgment for the pls. and awarded 6s. 8d. damages from each of the messuages, 12d. costs, and 20s. increment totalling £3 1s. Defs. in mercy and the pls. for a false plaint.

[Small Suits 5.4] (fn. 30) Sat. 15 Jan. 1603. James Pemberton and John Swynarton, sheriffs, Thomas Wilbraham, coroner.

281. In the Husting of Pleas of Land on Mon. 10 Jan. 1603 John Sotherton of the Inner Temple, esquire, and Elizabeth his wife bring a plaint of intrusion against John Milward, S.T.D., and Matthias Milward concerning one messuage in the par. of St. Michael Bassieshawe, Bassieshawe ward. (fn. 31)

Robert Smythe and Edward Herne attorneys for the pls.

James Smythe and Francis Tylney attorneys for the defs.

The pls. complain that the defs. disseised them infra quarentenam, viz. on 6 Dec. 1602. The defs. seek a day and on Sat. 22 Jan. the parties come and the recognitors are impanelled as follows: [Bassieshawe:] (fn. 32) Thomas Grymes, Thomas Edwardes, Richard Welby, Rowland Backhouse, Henry Lucas, (fn. 33) William Downinge (fn. 33) ; [Cheape:] Thomas Bonner, (fn. 33) Matthew Parris, (fn. 33) Daniel Alkington, George Palin, (fn. 33) John Wright, (fn. 33) Thomas Cage; [Colemanstreete:] Roger Walrond, Richard Horne, Richard Morris, (fn. 33) John Cowdale, (fn. 33) Robert Earthfeild, John Allen (fn. 33) ; [Creplegate:] Francis White, Hugh Morrall, Edward Harrison, (fn. 33) Samuel Graie, William Hollidaie and Peter Palmer. After respite for lack of recognitors the defs. say that there was no tenant of the tenement in view on the day of raising the plaint or afterwards, or alternatively they deny the disseisin. But only seven recognitors appearing the assize is respited until Sat. 29 Jan., and eight further recognitors are impanelled: [Bassieshawe: Roger Howe, Arthur Norton; Cheape: William Burnam, James Worrall (fn. 33) ; Colemanstreete: Nicholas Cotson, (fn. 33) Robert Gayle; Creplegate: John Wiseman, Nicholas Warren.] (fn. 33) The defs. bring in a writ of certiorari out of Chancery dated 27 Jan. 1603. After adjournment that the court may be advised, the defs. bring in a further writ of certiorari dated 10 Feb. which is allowed. On Sat. 27 Jun. 1603 the pls. produce a writ de procedendo dated 5 Jun. which is allowed. On Sat. 2 Jul. the defs. make default and the assize comes. The jurors say that John Milward was tenant of the tenement in view and that the pls. were disseised by the defs. Damages 20s. Costs 26s. 8d. After adjournment that the court may be advised, on Sat. 19 May 1604 William Romney, kt., and Thomas Middelton, kt., being then sheriffs, judgment is given for the pl. Increment £21 13s. 4d. (fn. 34)

(fn. 33) Sworn.

Footnotes