Pages 99-110
London Assize of Nuisance, 1301-1431: A Calendar. Originally published by London Record Society, London, 1973.
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14 Dec 1347 – 29 Jan 1356 (nos 400–449)
Fri. 14 Dec. 1347 [rectius 15 Dec. 1346]. Mayor and the aldermen as above.
400. Hugh Blount, kt., complains that Thomas de Nottele, parson of St. Mildred the Virgin in Poultry, John de Mimmes, William atte Felde, William Braye, 'peleter', Thomas Canon, 'heumer', and John Scot, 'polter', have caused his building operations on his land adjoining that of the church to be prohibited. The defs. come and ask for time to produce their muniments. On Fri. 12 Jan. 1347 both parties come, but the defs. produce no written evidence. Instead they allege that the plot of land on which the pl. claims to build, and which lies between the church on the west and the tenement of Richard Thurgod and Katherine his wife on the east, and between the street on the south and the pl.'s tenement on the north, is common to the pl. and his tenants on the one hand, and the parson of the church for the time being and his parishioners on the other, and that the latter have always possessed the right of free entry and exit and a right of way (cheminum suum) through it at all times, as well on ferial as on festival days, so that they were fully entitled to put a stop to the pl.'s building operations. Hugh says that the plot of land is solely his, and that the defs.' plea ought not to be admitted because they have not produced the written evidence for which they were granted a respite. The proceedings are adjourned to the quindene so that the mayor and aldermen may be more fully advised. On Fri. 9 Feb. the parties come, but because the court is unable to determine the case either by view or from the pleading, they are adjudged sine die and the defence is annulled, with a recommendation that they seek a remedy by another process of law if it seems to them expedient.
[m. 61] Fri. 31 Aug. 1347. Geoffrey de Wychingham, mayor, Reginald de Conduit, Roger de Depham, John de Northalle, Thomas Leggy, Walter de Mordon, John de Croydon and John de Causton.
401. Katherine and Agnes, daughters of John de Hales, complain that William de Kelseye, clerk, claims as his own a lane (venella) leading to the Thames between their tenements in the par. of St. Andrew Castle Baynard, which has hitherto been common between them, and has closed it with a bar and a lock and key. William de Iford, on behalf of the commonalty, alleges that the lane is common to the whole community as well as to the parties. The mayor and aldermen order a jury of eighteen of the venue of St. Andrew Castle Baynard, to appear at Guildhall at the quindene to determine the matter.
402. Similar plea between Walter son of Thomas le Ko, pl., and the same William de Kelseye, clerk.
403. John le Yonge complains that Henry le Yonge and John Conyng have a solar above his cellar in the par. of St. Mary de Abbechirche, and the pipe of their latrine is in the same cellar and overflows into it. The defs., summoned by John le Neve and Thomas le Blake, make default. The mayor and aldermen, having viewed the premises, find the nuisance to be as alleged. John is given a day on the following Wed. [5 Sep.] to hear judgment, but the defs. do not come. The process having been recited it is adjudged that within 40 days etc. they remove the nuisance.
404. Robert le Ro, 'sporier', complains that Alan Gille, warden of London Bridge, has prohibited him from building upon his stone wall 52 ft. long and 2½ ft. wide, adjoining his land in the par. of St. Mary atte Hulle. Alan comes and claims the wall as his. The parties are given a day at the quindene [14 Sep.] at Guildhall to hear judgment. The mayor and aldermen, on viewing the wall, find that 4 ells towards the south are common to the parties, and 13 ells towards the north belong solely to the def. Judgment accordingly, on Fri. 5 Oct.
Fri. 12 Oct. 1347. Geoffrey de Wychyngham, mayor, Richard Lacer, Roger de Depham, William de Pontefract, Adam Brabazon and William de Causton, aldermen.
405. Henry de Causton, mercer, complains that Simon de Bronnesford, spicer, has prohibited him from building on his stone wall, 30 ft. long, adjoining the tenement of the def. Simon comes but says nothing to delay the assize. The mayor and aldermen find that the wall stands wholly on the pl.'s land, and it is accordingly adjudged that he proceed with his building. Def. in mercy.
Fri. 18 Jan. 1348. Thomas Leggy, mayor, Simon Fraunceys, Richard Lacer, Geoffrey de Wychingham, Roger de Depham and John de Causton.
406. Alan Gille complains that Robert le Roo, 'sporiere', has a latrine too closely adjoining the stone wall, 4 ells long and 2 ft. wide, and common to both their tenements in the par. of St. Mary atte Hull, and that the sewage therefrom penetrates his tenement; and that the def. has another stone wall 18 ft. long and 10 ft. high between the pl.'s hall and kitchen, from which in rainy weather the water falls upon his land. The nuisances are found by view to be as alleged. Judgment that within 40 days etc. the def. remove the latrine 2½ ft. from the pl.'s wall, and convey the water from the other wall on to his own land or into the street.
[m. 61d.] Fri. 29 Feb. 1348. Thomas Leggy, mayor, Roger de Depham, Adam Brabazon and Richard de Basyngstok, aldermen.
407. Simon de Worthstede complains that Robert Bisshop and Roger Madour have six windows and two apertures in their tenement adjoining his in the par. of St. Alban de Wodestrete through which they can see his private business; and his tenants throw sewage and other refuse through the apertures on to his land. The defs. are summoned by Robert de Sutton, 'lorimer', and John de Totenham, 'chaundeler'. Robert makes default. Roger comes but says nothing to delay the assize. The site is viewed but the parties are given a day at Guildhall on Wed. 5 Mar. for lack of aldermen. On that day, there being assembled (congregati sunt) Thomas Leggy, mayor, Andrew Aubrey, Richard Lacer, Geoffrey de Wychingham, Roger de Depham, William de Causton, John de Causton, Walter Turk, John Syward, Adam Brabazon and Richard de Basyngstoke, aldermen, Simon and Roger come, and the record and process of the plea having been read, it is adjudged that the nuisance be removed within 40 days etc. [See also 409.]
408. The commonalty complain by William de Iford that Richard de Rittlyng has a house 36 ft. long and 36 ft. wide fronting the street in the par. of St. Sepulchre in Holbourne, which is ruinous and overhanging the street. The def., summoned by John de Blacwell and Peter atte Rededor, makes default. After the premises have been viewed, the assize is adjourned as above, for lack of aldermen, until the Wed. following [5 Mar.], when, there being assembled (congregati sunt) Thomas Leggy, mayor, and [the same aldermen as in 407], William comes, and the record and process of the plea having been recited, it is adjudged that the house be demolished within 40 days etc.
409. Precept [undated] ordering the sheriffs to put in execution the judgment against Robert Bisshop and Roger Madour [407].
Fri. 29 Feb. 1348. Continued.
410. Hugh de Huntyngdon complains by Thomas de Ware, his attorney, that in rainy weather the water from the tenement of the abbess of Burnham adjoining his in the par. of St. Andrew Castle Baynard, falls upon his land for the length of 33 ft., and that she has four windows less than 16 ft. from the ground through which her tenants can see the private business of his tenants. The def. after essoin makes default. After the premises have been viewed, the proceedings are adjourned, as above, for lack of aldermen until Wed. 27 Feb. [rectius 5 Mar.], when there being assembled at Guildhall Thomas Leggy, mayor, and [the same aldermen as in 407], Hugh comes by his attorney, and the record and process of the plea having been recited, it is adjudged that within 40 days etc. the abbess convey her water on to her own land or into the street, and block up the windows complained of.
Fri. 9 May 1348. Thomas Leggy, mayor, John Hamond, Roger de Depham, William de Causton, Adam Brabazon and Richard Basyngstoke, aldermen.
411. Simon de Worthstede complains that in rainy weather the water from the tenement of Joan relict of Robert Sely and Lawrence Sely adjoining his in the par. of St. Alban de Wodestrete falls upon his land; and that they have two apertures through which their tenants can see the private business of the pl. and his servants. The defs. ask for a respite so that they may produce their muniments but subsequently make default. Judgment after view that within 40 days etc. they convey their water on to their own land or into the street and block up the two apertures.
412. [m. 62] John atte Barnet, mercer, complains that the rainwater from the tenement of James de Burford, kt., adjoining his in the par. of St. Thomas the Apostle, falls upon his land and rots his timber for the space of 17¼ ells. The def. comes by Thomas de Ware, his attorney, but says nothing to delay the assize. Judgment after view that within 40 days etc. he make a fillet-gutter (filettum) to convey the water into the street or on to his own land.
413. Adam de Brabazon brings an assize against John Moy, 'Flemyng', concerning a tenement in the par. of St. Matthew de Frydaystrete.
Fri. 1 Aug. 1348. Thomas Leggy, mayor, Simon Fraunceys, John Hamond, Roger de Depham, John de Causton, William de Causton and Richard de Berkyng, aldermen.
414. Ralph de Cauntebrigg complains that the wall dividing the tenement of William Brangweyn, 'vineter' from his in the par. of St. Christopher is not sufficiently thick, so that the sewage from William's latrine penetrates and defiles his whole premises. The def., summoned by Adam Aspal and Simon le Palmere, makes default. Judgment after view that within 40 days etc. he build a stone wall 2½ ft. thick or an earthen one 3½ ft. thick between his latrine and the pl.'s tenement.
415. John de Beauchamp, kt., complains by Thomas de Ware, his attorney, that John Sprot, chaplain, claims as his own the stone wall 14 ells 1 ft. 3 ins. long and 1 St. Paul's ft. thick dividing their tenements in the par. of St. Andrew Castle Baynard, and has placed his timber upon it. The def. comes in person but says nothing to delay the assize. Judgment after view that within 40 days etc. he remove the timber from the wall, which stands wholly upon the pl.'s land and is his sole property.
[m. 62d.] Fri. 26 Sep. 1348. Thomas Leggy, mayor, Roger de Depham, Adam Brabazon and Richard de Basyngstoke, aldermen.
416. Alan Gille and John de Hardyngham, wardens of London Bridge, complain on behalf of the commonalty that whereas Thomas Isoude, rector of St. Margaret Moysy de Fridaistrete, and his predecessors formerly had a gutter (gutero) 40 ft. long lying between his church and the tenement of the Bridge adjoining it on the south side, which used to receive all the water draining from the church and convey it into the street on the west side of the church, he has now torn it up (abradicavit) and built a kitchen where it used to be, and had built two new gutters on the east side of the same kitchen, the one to receive the water from the church, and the other, leading into it, the water and waste from the kitchen; but the water from both falls instead upon the tiles and party walls of the pis.' tenement, so that the foundations and walls and timber are rotted. The def., summoned by Thomas de Tiffeld and William de Aumere, makes default. It is found by view that the nuisances are as alleged, but for lack of aldermen the pis. are given a day at the octave at Guildhall to hear judgment. On that day, viz. 3 Oct., they appear before Thomas Leggy, mayor, Simon Fraunceys, Richard Lacer, Roger de Depham, John Syward, John de Causton and William de Causton, aldermen, and the record and process having been recited it is adjudged that the def. remove the nuisances complained of within 40 days etc.
417. William Peverel, Queen Philippa's tailor, complains that Maud atte Vigne has built a cellar and solar blocking the light of the windows in his tenement in the par. of St. Clement by Candelwykstrete opening on to her land and garden, which he was intending to enlarge. Maud says that she built the cellars and solars on her own land, as she was entitled to do, and that the pl. has no case against her. William replies that her tenement and garden were formerly held by Gilbert de Colcestre, citizen, who granted by deed to Hawyse de Brackele, his predecessor, in perpetuity, the light of the windows overlooking her tenement, with the right to enlarge them at will, and he produces a deed sealed with Gilbert's seal. The def. denies that any such easement as is claimed by the pl. was ever granted by Gilbert, and declares that the deed is not his. The parties are given a day at the next Husting of Common Pleas.
Fri. 29 May 1349. John Lovekyn, mayor, and the aldermen.
418. John de Hardyngham complains that Henry atte Wode and Joan his wife and Alice relict of John Powel, 'pottere', refuse to rebuild a ruinous earthen wall, 80 ft. long, extending from the def.'s garden on the south to the pls.' garden on the north and standing on her land, in the par. of St. Mary atte Naxe. Henry and Joan, summoned by William atte Hurst and John Payn, make default. Alice comes and says that Ralph de Blithe, late saddler and citizen, and Joan his wife, now the wife of Henry atte Wode, formerly held the tenement to which the wall belongs, and in 1332–3 leased it for 20 years at a rent of 36s. 8d. to her and her husband, John Powel, on condition that the lessor should maintain the buildings proof against wind and rain, and should repair the wall when necessary, or, if he failed to do so, should allow the lessees their reasonable expenses from the rent. She produces the relevant indenture in court. Thereupon, the mayor and aldermen, having examined the deed and heard her defence, adjudge that she repair the wall within 40 days etc., recovering her expenses from the rent.
[m. 63] Fri. 26 Feb. 1350. Walter Turk mayor, Roger de Depham, Simon de Worstede, William de Welde and John Pecche, aldermen.
419. Adam de Buri, citizen and skinner, and Alice his wife complain that for lack of a fillet-gutter (filetti) 6½ ells 2 ins. long, the rainwater from the tenement of Maud relict of John le Leche, 'pessoner', adjoining theirs in the par. of St. John de Walbrok, falls upon their land; and that she has two windows through which she and her servants can see the private business of the pis. and their servants. Ralph de Lenne, sheriff, testifies that the def. was summoned by John Broun and John de Morton but she makes default. The mayor and aldermen named above, having viewed the premises, give the parties a day on the following Mon. [1 Mar.], because their numbers are insufficient. On that day, in full Husting, after recitation of the record and process, it is adjudged that within 40 days etc. the def. remove the nuisance.
420. The same Adam and Alice complain that John de Bedeford, skinner, has eleven windows in his tenement adjoining theirs in the same par., through which he and his servants can see the private business of the pis. and their servants. [Then as in 419. See also 442.]
421. The same Adam and Alice complain that for lack of a fillet-gutter (filetti) 5¾ ells 1 in. long, the rainwater from the tenement of Richard de Essex and Maud his wife adjoining theirs in the same par. falls upon their land; and they have four windows through which they and their servants can see the private business of the pls. and their servants. [Then as in 419.]
422. The same Adam and Alice complain that the rainwater from the tenement of Robert le Boys, adjoining theirs in the same par. falls upon their land for lack of a fillet-gutter (filetti) 5¼ ells 2 ins. long; and that he has five windows through which he and his servants can see the private business of the pls. and their servants. [Then as in 419.]
423. The same Adam and Alice complain that Nicholas Boylet and Elizabeth his wife have recently made eight windows in their tenement adjoining that of the pls. in the same par., and that they have two gutters (stillicidia) from which, in rainy weather, the water falls upon the pls.' land. [Then as in 419.]
[m. 63d.] Fri. 9 Apr. 1350. Walter Turk, mayor, Roger de Depham, Simon Fraunceis, Thomas Leggi, William atte Welde, William de Tedenham, Simon de Worstede, Adam Brabazoun.
424. William de Sleford, rector of St. Thomas the Apostle, comes in person and complains that James de Burford, kt, has a stone wall 8¾ ells long adjoining a vacant plot of land belonging to his church in the par. of St Thomas, upon which he, the pl., is unable to build, because the said wall, which is 11 ells high in the middle, overhangs the plot of land there by 13 ins., and at the west end, where it is 6 ells high, by 10 ins., and at the east end, where its height is likewise 6 ells, by 8 ins.; and, further, that the rainwater draining from two leaden pipes (pipas) jutting out from the def.'s tenement, falls upon the vacant plot. The sheriffs, Adam de Bury and Ralph de Lenne, testify that the def. was summoned by Thomas de Collesdon, 'brewere', and Robert de St. Albans, but he makes default. Judgment, after view, that within 40 days etc. he remove the nuisances.
Fri. 17 June 1351. Richard de Kyslyngbury, mayor, and the aldermen.
425. Thomas son of John de Grantham, def., appears against the dean and chapter of St. Martin le Grand in an assize of nuisance but the pis. do not prosecute their plaint. Therefore they are in mercy and he is sine die.
Fri. 15 July 1351. Richard de Kyslyngbury, mayor, and the aldermen.
426. John de Askham, clerk, complains that the sewage from the latrine of John Barber and Joan his wife penetrates his adjoining tenement in the par. of St. Dunstan de Fletestrete, because the wall between them is not sufficiently thick; and that they have six apertures (foramina) less than 16 feet above the ground, through which their tenants can see the pl.'s private business, and through which they throw filth and other refuse; and that for lack of a fillet-gutter (filetti) 30 ft. long, the water from their tenement falls upon his land. The defs. come but say nothing to delay the assize. The premises having been viewed the parties are given a day on the following Mon. [18 July] to hear judgment. On that day they appear in the Husting of Common Pleas, and the record and process having been recited, it is adjudged that within 40 days etc. the defs. remove the nuisances. [See also 428.]
Fri. 22 July 1351. Richard de Kyslyngbury, mayor, and the aldermen.
427. David le Leche and Juliana his wife complain that they are unable to build upon a plot of land adjoining the tenement of Thomas de Ecton, clerk, in the par. of St. Alphege within Crepelgate because the def.'s timber overhangs it to a length of (—) (fn. 1) and a width of 6½ ins. The def. comes but says nothing to delay the assize. Judgment after view that within 40 days etc. he remove the nuisance.
428. [m. 64] Precept to the sheriffs [undated] to put in execution the judgment against John Barber and Joan his wife [426].
Fri. 9 Mar. 1352. Andrew Aubrey, mayor, Roger de Depham, William de Causton, Simon Dolsaly, John de Gloucestre and Simon de Worstede.
429. John son of Geoffrey le Boteler, draper, complains that the rainwater from a gutter (gutteram) on the house of Gerard Noyl falls upon his land. The def., summoned by John de Swalclive and Richard (? Foven), 'mareschall', makes default. Judgment after view that within 40 days etc. he repair the gutter and convey the water on to his own land.
Precept of the mayor, dated Tues. 24 Apr. 1352, to John Wroth and Gilbert de Steyndrop, sheriffs, ordering them to put in execution the judgment in the above assize.
Fri. 2 Mar. 1352. Andrew Aubrey, mayor, Simon Fraunceys, Richard Lacer, Roger de Depham, William de Causton, John de Gloucestre, Richard de Berkyng, William de Welde and Simon de Worstede, aldermen.
430. Thomas B(—) complains that whereas Isabel relict of Nicholas de Basyngge gave by deed, produced in court, to Deodatus de Bedeford, goldsmith, a vacant plot of land in the par. of St. Peter de Westchepe now held by the pl., guaranteeing to him the light into and out of (cum libero introitu et exitu luminis) the windows on the south side thereof, John de Brynchesle, citizen and goldsmith, and Margery his wife, have begun to build a house opposite his cellar and solar, thus blocking his light. The defs. come and say that the pl. is not entitled to the view and light of the said windows, because the tenement from which he claims them is his own, and was formerly a vacant plot of land on which his predecessors built, thus blocking their own light. The pl. makes reply that his whole tenement, in length, height and depth, as far as the vacant plot of land from which he claims the light, was built long ago, and that at the time of building the stones of the windows of the cellar were cut and already in position, and the windows of the solars above were built at the same time. A day is given to the parties at the next Husting of Common Pleas on Mon. [? 5 Mar.] but an adjournment follows at their request until Mon. 19 Mar. Finally the mayor and aldermen, with the masons and carpenters sworn to the assize, come upon the land on Wed. 21 Mar., and find that the pl.'s tenement was built long ago and all at one time. Judgment that the pl. have the light of the windows of his cellar and solars, and that within 40 days etc. the building begun by the defs. be demolished. (fn. 2)
[m. 64d.] Fri. 13 July 1352. [No entry.]
Fri. 15 Feb. 1353. Adam Fraunceys, mayor, and the aldermen.
431. Thomas Gatyn, citizen and fishmonger, and Maud his wife complain that Roger de Leukenore, 'chivaler', refuses to share in the rebuilding of an earthen wall 23½ ells less 1 in. long, common to their tenements in the par. of All Hallows de Graschirche, which has collapsed in ruins. The def., summoned by John de Wasshbourn and Henry Gleam, makes default. After the premises have been viewed, and the nuisance found to be as alleged, a day is given to the parties at Guildhall on the Mon. following [18 Feb.]. The parties appear in the presence of the mayor and aldermen (in congregatione predictorum maioris et aldermannorum), and the record and process having been recited, it is adjudged that within 40 days etc. the parties combine to rebuild the wall.
Fri. 14 June 1353. Adam Fraunceys, mayor, and the aldermen.
432. Geoffrey de Wockyngg.and Margery his wife complain that the rainwater from two gutters (gutteras) in the tenement of Ralph de Preston and Maud his wife adjoining theirs in the par. of St. Nicholas Hacon, falls upon their buildings (domos), rooms (cameras) and land. The defs., summoned by Robert de Hatfeld and William Fossard, make default. It having been found by view of the mayor and aldermen that the pis.' allegation is correct, the parties appear at Guildhall on Fri. 28 June in the presence of Adam Fraunceys, mayor, Andrew Aubrey, Simon Fraunceys, Richard Lacer, Roger de Depham, Adam de Bury, William de Welde, John de Stodeye, John Peche and Simon de Worstede, aldermen; and the record and process having been recited, it is adjudged that within 40 days etc. the defs. remove the nuisance.
Fri. 12 July 1353. Adam Fraunceys, mayor, Richard Lacer, Roger de Depham, Henry Pycard, Simon Dolsely, Adam Bury, John Pecche and William Welde, aldermen.
433. William de Wyrcestre complains that for lack of a fillet-gutter (filetti) 13¾ ells long, the rainwater from the tenement of Richard de Norton and Alice his wife, adjoining his in the par. of St. Michael de Queenhithe, falls upon his land. The defs., summoned by William de Thame and John Fraunceys, make default. Judgment after view that within 40 days etc. they make a gutter of the required length. [See also 439.]
Fri. 26 July 1353. [Adam Fraunceys], mayor, Roger de Depham, John de Stodeye, William de Welde, Simon de Worstede and [Bartholomew de] Frestlyng, aldermen.
434. Elizabeth de Montacute, prioress of St. John the Baptist of Haliwell, complains by Alan de Horwode her attorney that John son of (? Iter) de Caumpes has two windows overlooking her premises in the par. of St. Michael de Bassyngeshawe, through which his servants throw urine and other refuse, and that the rainwater from his tenement falls upon her land. [Entry largely illegible.]
435. [m. 65] William de Causton, mercer, complains that for lack of a paling (palicii) 23½ ells long between his tenement and that of John de Wyndesore, prior of the new hospital of St. Mary within Crepulgate, in the par. of St. Alphege, the prior's tenants enter his garden and trample down the grass (herbagia) and other things growing there. The def., summoned by Simon de Chykesond and John de Excestre makes default. Judgment after view that within 40 days etc. he repair the paling.
436. William de Wyrcestre complains that, for lack of a wall of sufficient thickness, the sewage from the latrine in the adjoining tenement of Philip de Thame, prior of the hospital of St. John of Jerusalem, in the par. of St. Michael Queenhithe, penetrates his land. The def. appears by Alan de Horwode, his attorney, but says nothing to delay the assize. The mayor and aldermen view the premises and give the parties a day at Guildhall on Fri. 2 Aug. to hear judgment. After adjournment until Fri. 16 Aug. the pl. appears in person, and the def. by attorney, and the record and process having been recited, it is adjudged that within 40 days etc. the def. build a wall of stone 2½ ft. thick, or of earth 3½ ft. thick, between his latrine and the pl.'s land.
437. Alan de Horwode complains that the rainwater from the house of John Cory, clerk, adjoining his in the same par. falls upon his house for a length of 43 ft. The def., summoned by John Reyner and John Coroner, makes default. Judgment, after view, that within 40 days etc. he convey the water into the street or upon his own land.
438. The same Alan complains that the rainwater from the tenement of Thomas son of John de Grantham adjoining his in the same par. is conveyed through a leaden pipe (pipam de plumbo) into his (the pl.'s) gutter (guteram); and that the def. has two gutters (guteros) running through the midst of his tenement, through which, in rainy weather, the water flows into the pl.'s gutter; and that the rainwater draining from the gutters (stillicidiis) of the def.'s buildings (domorum) falls, for a distance of 100 ft. upon his land. The def., summoned by John Reyner and John Coroner, makes default. It having been found by view of the mayor and aldermen that the nuisances are as alleged, the pl. is given a day on Fri. 2 Aug. to hear judgment.
439. Precept to William de Welde and John Lyttle, sheriffs, dated Sat. 26 Oct. 1353, to put in execution the judgment in the assize brought by William de Worcester (Wygornia) against Richard de Norton and Alice his wife [433].
[m. 65d.] Fri. 18 Jan. 1353. Adam Fraunceys, mayor, Richard Lacier, Roger de Depham, Adam Brabazoun, William atte Welde, Simon Worstede, aldermen.
440. Ralph de Brentyngham brings an assize against the prior of the new hospital of St. Mary without Bisshopesgate.
Fri. 25 Jan. 1353. Adam Fraunceys, mayor, Andrew Aubrey, Richard Lacer, Roger de Depham, Adam Brabazon, Simon Dolsey, John Stodey and William de Welde, aldermen.
441. John Botiller, 'ropere', and Agnes his wife complain that the timber of John de Hynton, 'vynter', overhangs his land in the par. of All Hallows de Bredestrete for a length of 30 ft. 5 ins., and that in the midst thereof the def. has placed his timber upon the pis.' wall-plate (platam) occupying the pls.' land to a width of ¾ in., and it overhangs their land there by 1½ ins., and at the west end by ¾ in. The def. comes but says nothing to delay the assize. The mayor and aldermen, having viewed the premises, give the parties a day on the following Mon. [28 Jan.] to hear judgment; but because they are prevented from attending by important business touching the City, the proceedings are adjourned until Sat. 16 Feb., when, the record and process having been recited, it is adjudged that within 40 days etc. the def. remove the nuisance.
442. Precept to William de Welde and John Lyttle, sheriffs, to summon John de Beddeford, skinner, before the mayor and aldermen at Guildhall on Fri. 7 June 1353 to show cause why they should not put in execution the judgment in the assize brought against him by Adam de Bury [420].
[m. 66] Fri. 20 Mar. 1355. Thomas Leggy, mayor, Roger de Depham, John de Stodeye, William de Tudenham, Simon de Worstede, Simon Dolsey, aldermen, and Richard Smelt, sheriff.
443. Roger de Stratford, rector of St. James de Garlechethe, essoins himself against Simon Fyket and John Baroun, chaplains, by Thomas Rosse.
Fri. 1 May 1355. Thomas Leggy, mayor, and the aldermen.
444. William de Preston, rector of the church of Lambourne, essoins himself against Simon Dolsely, alderman, and the community of the merchants of the Hanse by William de Gilyngham.
Fri. 15 May 1355. Thomas Leggy, mayor, Richard leLacer, Roger de Depham, Bartholomew de Fristlyngge, Richard de Notyngham, Ralph de Lenne and William de Tudenham, aldermen.
445. Simon de Worstede, mercer, and Alice his wife complain that Richard Lacier, goldsmith, has five open windows in his tenement in the par. of St. Alban de Wodestrete, on the east side, overlooking their garden, through which he and his servants (servientes) can see their private affairs, and through which they throw refuse on to the pis.' land. The def., summoned by John de Buksted and John de Kent, 'hanyper', makes default. Judgment, after view by the mayor and aldermen above-named, that within 40 days etc. he remove the nuisance. (fn. 3)
[m. 66d.] Fri. 19 June 1355. Thomas Leggy, mayor, Richard le Lacer, Roger de Depham, William de Tudenham, Simon de Worstede and Richard de Notyngham, aldermen, and Richard Smelt, sheriff.
446. Robert de Thorp complains that because of the ruin of a party-wall 13 ells long and 10 ft. high, standing on a stone foundation on the land of Thomas Pipherst and Joan his wife in the par. of St. Mary de Stanynglane, the defs.' tenants and servants enter his adjoining garden and trample down the grass (herbagia) and other things growing there and watch his private business. The defs., summoned by John de Mapelesdene, goldsmith, and Robert Payn, 'fuyster', come in person but say nothing to delay the assize. The mayor and aldermen find by view that the pl.'s allegations are correct and give the parties a day at Guildhall on Fri. 26 June to hear judgment. Since it appears that the wall stands wholly on the defs.' land and was built by their predecessors in the tenement, it is adjudged that within 40 days etc. they repair it. (fn. 4)
447. Michael de la Pole, kt., complains that the rainwater from the tenement of John de Rokesle, clerk, in the par. of St. Mary Wolnoth, falls, for lack of a gutter (guttera) 45 ft. long, upon a stone wall 11 ft. long in the pl.'s adjoining tenement and rots it; and, further, that the def. has a ruinous chimney (caminum) overhanging his house. The def., summoned by William Doget and Robert de Stratford, makes default. Judgment, after view by the mayor and aldermen above-named, that within 40 days etc. he remove the nuisances. (fn. 5)
Fri. 23 Oct. 1355. Thomas Leggy, mayor, and the aldermen.
448. John Warender essoins himself against John de Aston, rector of All Hallows Grascherche, by William de Gilyngham.
[m. 67] Fri. 22 Jan. 1356. [Essoin only.]
Fri. 29 Jan. 1356. Simon Fraunceys, mayor, Adam Fraunceys, Roger de Depham, William atte Welde and Simon de Worstede, aldermen and Walter Forster, sheriff.
449. The commonalty by Adam de Acres bring an assize of nuisance against Roger atte Broke. Adam reports that on Sun. 20 Dec. 1355 a jury of the ward of Chepe presented to Simon Fraunceys, mayor, and the alderman of the ward in wardmote (in wardmote suo), that Roger had obstructed a formerly common way (via communis) through the house (per domum) of Gilott le Fourbour in Ismongereslane [457]. Roger, summoned, comes in person, and after view is given a day at Guildhall on Wed. 3 Feb. He pleads that he has no interest in the tenement concerning which the nuisance is alleged save in right of his wife, Agnes, for whose aid he asks. Given a day on the following Thurs. [4 Feb.] to produce her, he makes default. Judgment by Simon Fraunceys, mayor, Adam Fraunceys, Thomas Leggy, Roger de Depham, John de Stodeye, William atte Welde and Simon de Worstede, aldermen, that within 40 days etc. he remove the obstruction.