[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
[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.
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) .
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
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.