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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40860	The famous tryal in B.R. between Thomas Neale, Esq. and the late Lady Theadosia Ivy the 4th of June, 1684, before the Right Honourable the late Lord Jeffreys, lord chief justice of England, for part of Shadwell in the county of Middlesex ... together with a pamphlet heretofore writ ... by Sir Thomas Ivy ...	Mossam, Elam.; Ivy, Theadosia Stepkins, Lady, d. 1694 or 5?; Neale, Thomas, d. 1699?; Ivie, Thomas. Alimony arraigned, or, The remonstrance and humble appeal of Thomas Ivie, Esq.; England and Wales. Court of King's Bench.	1696 (1696)	Wing F386; ESTC R35557	155,074	101

Forgeries p. 52 Mr. Sutton shuffles and rouses whereupon L. C. I. tells him it is very Rank I assure you p. 54 A Verdict offered by Lady Ivy to destroy Mrs. Duffett's Testimony as also her Husband's Oath declared to be no Evidence See Pag. 44. p. 54 The Verdict for the Plaintiff and several of the Forged Deeds ordered to be left in Court and a Prosecution for Forgery directed upon them p. 54 Next follows the Map of Shadwell Then the Map of the Lands in Wapping and the Comparison 'twixt the Title of the Creditors of Sir Anthony Bateman and Heirs of Whitchcutt and that of the Lady Ivy and ends with Allimony Arraigned The Lady Ivy's Tryal For great Part of Shadwell in the County of Middlesex Die Martis 3. Junii 1684. Ter ' Trin ' 36 Car. II. B. R. Elam Mossam Plaintiff versus Dame Theodosia Ivy Defendant This Day this Cause came again to be tried at the Bar of the Court of King's Bench by a Iury of the County of Middlesex whose Names follow Middlesex Jury Sir Reginald Foster Baronet Sir Iohn Cutler Knight and Baronet Sir Goddard Nelthorp Baronet Sir Michael Heneage Knight Sir William Gulston Knight Sir Richard Downton Knight Richard Reynell Esq Ralph Bucknall Esq Thomas Austin Esq Ioseph Dawson Esq Thomas Cleve Esq Richard White Esq Who being counted the Record was read to them by the Clerk of the Papers in English and opened by Mr. Holloway for the Plaintiff Mr. Serj. Stringer MAY it please your Lordship and you Gentlemen of the Jury I am of Council in this Case with the Plaintiff and the Question will be whether the Lessor or the Plaintiff hath a good Title to the Tenements in Question which are about Three or Four Hundred Tenements near Radcliffe in Shadwell Parish and the Ground thereof is say we the ancient Inheritance of the Church of St. Paul's who have had the Possession thereof for Four or Five Hundred Years We shall prove Leases down for some Hundreds of Years till we come to that made to the Lessor of the Plaintiff under whom we claim We will begin with the last Lease of Dean Stillingfleet 30. Sept. 1678. upon the surrender of the Lease made by Dean Sandcroft now my Lord Archbishop of Canterbury Swear Ieofrey Willan which was done it is a Church Lease but yet he is a Witness to it The Lease of 30. Sept. 1678. was read Mr. Serj. Stringer shewing to him another Deed. Did you see that Deed sealed and delivered Willan Yes Sir An Indenture 4 tite made the 25th March 1679. 31 Car. II. between Thomas Neale Esq the Lady Gold c. Read Mr. Att. Gen. We admit the Assignment Mr. Serj. Stringer Then we shall prove the Lands in Question were always held of the Dean of Pauls Mr. Att. Gen. Ay do shew that these Lands in Question were so if you can L. C. I. I would not interrupt you Gentlemen pray go your own way but if I mistake not you had as good begin with 5 Ed. VI. as you did last time as I remember I have not indeed my Book I had then here I fear we have not overmuch time to waste we shall want time at the latter end of the Cause therefore pray come close to the Merits of the Cause Mr. Serj. Stringer We will shew it if they require it they know it well enough Mr. Att. Gen. Shew what you can Mr. Serj. Stringer In 5 H. VIII the Dean of Paul's Collett Leases to one Iohn Hall L. C. I. But it is 5 of Ed. VI. I ask for Mr. Serj. Stringer 23. Feb. 5 Ed. VI. Dean May doth make a Lease to Ioan Hall and Marcellus Hall Then Dean Fecknam 10. Dec. 2 and 3 Phil. and Mar. in Consideration of a Surrender of that Lease let ts another Lease to Marcellus Hall and so it continued till May 1630. and then Dean Donne made a Lease for Three Lives and upon the Surrender of that in 1636. Dean Winnet made a Lease to Moor and in 1640. he made another Lease to Winterburn which was sold to Mr. Neale and so came to the Lesser of the Plaintiff First read this Book Mr. Att. Gen. What Book is it Mr. Serjeant L. C. I. Ay tell us what it is open it before you read it Clerk reads A Tenement with a Watermil cum Pertinentiis L. C. I. What is it you read there Mr. Serj. Stringer It is a Book that belongs to the Dean and Chapter of St. Pauls L. C. I. What Book is it How do you prove it to belong to the Dean and Chapter of Pauls Then Mr. Spencer was called but could not readily come in by reason of the Crowd Mr. Porter was sworn Mr. Serj. Stringer Mr. Porter What say you to this Book Porter Since the beginning of this Suit this Book was found among the Writings of the Dean and Chapter of Pauls Mr. Att. Gen. How long ago Sir upon your Oath Porter About a Year ago L. C. I. That is but a slovenly account of such a Book as this Mr. Williams It is plain my Lord it is not a new Book made on purpose L. C. I. It is plain that in this slippery Age we live in it is very easy to make a Book look as old as you would have it Mr. Serj. Stringer We will go on to the Lease made to Marcellus Hall Then Mr. Spencer came in and was sworn Mr. Williams Pray Sir when first saw you that Book Spencer Seven Years ago Mr. Att. Gen. Where Sir Spencer Among the Evidences of the Dean and Chapter of Pauls L. C. I. What is it you would read in it an intire Lease or what Mr. Serg. Stringer 'T is a short Note of a Lease Clerk reads A Tenement with a Watermil L. C. I. See if the Book have any Title Clerk No my Lord. L. C. I. Let me see it Which was done Mr. Serj. Stringer The 23th Feb. 5 Ed. VI. L. C. I. You Spencer Have you seen in any of the Books an Entry of any Lease made by Dean Collett Spencer I have not observed that I have seen any Lease of Dean Collet L. C. I. Have you seen any Lease made by Dean Collet in the time of Henry VIII about any of the Churches Lands I ask you the Question because I observe here in this Paper in two places here is the Word Dean Collett writ with another Hand than that of the Book but Nowell is writ with the same Hand as the other And so Nowell seems to have been put for the Maker of this Lease as being put upon the Top when in Truth he was not Dean till long after Upon your Oath in whose Name was that Lease Lett that is here spoken of Spencer I know not my Lord that is the Book I saw then L. C. I. Is this Lease in your Book of Leases Mr. Att. Gen. Pray Gentlemen you did produce before your Original Deed of Purchase Where is it now Mr. Williams That Book was produced

and read at the first Tryal L. C. I. What first Tryal not that last Term. Mr. Williams It was in Court at that time L. C. I. I believe not you are mistaken in that for I brought the Notes I took then and I find no such thing here Mr. Att. Gen. They produce then the first Purchase of the Dean L. C. I. Is there any Lease of Henry VIII Time in that Book Spencer I do not remember any Lease of H. VIII Time of this Land but I have seen that Book ever since I belonged to the Dean's Business L. C. I. Have you not a Book of the Succession of your Deans When was Collet Dean Mr. Williams In 1505. L. C. I. When was Nowell Dean Mr. Williams in 1560. L. C. I. Then I assure you this Book is grandly suspicious Mr. Att. Gen. They threaten us with Forgeries and I know not what I believe it will be found on Mr. Neale's Side L. C. I. If in case you come and produce a Book and you value your selves upon the Antiquity of it as an Evidence that this Land did belong to the Dean and Chapter and leased by them 5 H. VIII and in that Book Nowell is written by the same Hand as the rest of the Book as Dean then but because you find Collet was then Dean and Nowell not till threescore Years after Nowel is turned by another hand to Collet it draws a great Suspicion certainly upon your Book as set up for a purpose Mr. Williams It is true my Lord if we did that it were something but we find an old Book among the Evidences of the Church and we produce it as such we have not altered it therefore it cannot be done for our purpose L. C. I. Who knows who did it but done it is Mr. Att. Gen. And your Title is under the Dean and Chapter of Pauls L. C. I. Who keeps the Evidences that belong to the Dean and Chapter of Pauls Spencer They are kept in the Chapter-House L. C. I. I am persuaded there may be an ancient Book and this may be such an one but it looks a little untoward in this Particular You Spencer did you look upon those two particular Passages Spencer No I did not observe it Mr. Serj. Stringer My Lord our next Lease in the Book recites one made by Collett Mr. Att. Gen. Come upon your Oath did not Mr. Baron or Mr. Neale come to search in this Book Spencer Yes they did Mr. Serj. Lutchwich How long ago was that Spencer As to Mr. Baron or Mr. Neale themselves I did never see them come to search But some for them have Mr. Williams Do you believe the Book was thus as it is now before you came at first to it Mr. Serj. Lutwich You say they did not come to search what did they come for then to drink Spencer They have come to the Officer Mr. Porter but I never see them search Mr. Williams But I ask you again was it so when you found it first Spencer I believe it was I know of no Alteration Mr. Serj. Stringer But to put it out of doubt we have the second Lease which does recite this Lease of Collett's Mr. North. Nay my Lord we have another piece of Evidence that will fortify that Book to be true as to the Foundation of it that such a Lease was then made as the Book says for we have a kind of Particular or Catalogue of the Evidences of the Dean and Chapter It is an ancient Writing And in this there is mention particularly made of a Lease made in 5 H. VIII Pray Sir look upon that and give an account of it Spencer I have seen this among the rest of the Evidences of the Dean and Chapter of Pauls Mr. Att. Gen. How long ago Spencer I cannot directly tell Mr. Pollexfen How long do you think upon your Oath Spencer Two Years ago Mr. Att. Gen. That is since this Contest L. C. I. Ay That is a little too lately for an ancient Writing Mr. Serj. Lutwitch Did you see it before Mr. Neale or Mr. Baron ordered a Search there Spencer I cannot say particularly I did I have seen this Paper Mr. Att. Gen. Paper Man it is a Parchment pr'ythee mind what thou sayst How long is it since you first saw that Parchment Spencer I believe I have seen it this seven Years but not that I can swear to have taken any particular Notice of it Mr. Att. Gen. Where did you see it first upon your Oath Spencer Among the rest of the Deeds and Evidences that belong to the Dean and Chapter of Pauls Mr. Att. Gen. Upon what Occasion did you take notice of it first Spencer Upon searching among the Writings Mr. Att. Gen. Who did search with you at that time upon your Oath Spencer Mr. Porter L. C. I. Read it Mr. Att. Gen. Was it delivered to Mr. Neale before it was brought hither Spencer It is brought here now among the Dean's other Writings we never use to deliver any out Clerk Reads This is dated 2 Eliz. 1559. Books and other Writings appertaining Mr. Serj. Stringer Now we will read the Lease to Marcellus Hall wherein this is recited to have been made The Lease in the Book was read dated 23. Feb. 5 Ed. VI. for Five and Forty Years at 10 l. Rent Mr. Serj. Stringer Then the next Lease is in 2 3 Phil. Mar. 10. Dec. 2 3 Phil. Mar. from Dean Fecknam to Marcellus Hall for Ninety Years from Michaelmas before Which was read Mr. Att. Gen. There is a License to alter the Mill which we shall prove he afterwards did Mr. Serj. Stringer Your Lordship observes here were Grounds and several Houses at this time lett with the Mill and Ponds and Ditches to receive the Water After this Marcellus Hall assigned to Adrian Moor he in the Year 1618. deviseth it to his Wife Mary Moor and in 1630. she surrenders and hath a new Lease for Lives Mr. Att. Gen. Shew your Assignments Mr. Serjeant from Marcellus Hall Mr. Serj. Stringer That we cannot do nor need we for we are not to derive our Title that way but the Churches Title is ours We will shew you Dean Donnes Lease to Mary Moor upon her Surrender Which Lease dated 14 May 1630. 6 Car. I. for three Lives at 10 l. c. was read Mr. Serj. Stringer Then Mary Moor Six Years after surrenders this Lease and takes a new Lease for three Lives in Dean Winneff's time at 10 l. a Year Rent and 40 s. Increase Which Lease dated 5. Aug. 1636. 6 Car. I. was read Then another Lease dated 5. March 1640. 16 Car. I. by Dean Winniff to Samuel Whitwick and John Winterburn at 10 l. the ancient Rent 40 s. before increased and 4 l. more now increased Mr. Serj. Stringer Thus far it stood upon Leases for Lives this Lease continued till 1669. till Mr. Neale bought this Land and then he renewed it from the now Archbishop then Dean

the Grace of God King and Queen of England Spain France both Cicilies Ierusalem and Ireland Defenders of the Faith Arch Dukes of Austria Dukes of Burgundy Millain and Brabant Counties of Hasburg Flanders and Tyroll The other is This Indenture made the 22th day of December in the same Year Now in November and December 2 and 3 of Philip and Mary it was impossible for any man in the World to draw a Deed in this Form that those two Writings are Mr. Att. Gen. Is that your Demonstration L. C. I. Pray let him go on methinks it is very ingenious Mr. Bradbury My Lord I had the hint from my Lord Coke in his first Institutes not as to this particular Stile for I know he is mistaken there but for the detecting of Forgeries in general L. C. I. It is very well pray go on Mr. Bradbury My Lord at that time King Philip and Queen Mary were among other Stiles stiled King and Queen of Naples Princes of Spain and Sicily they never were called King and Queen of Spain and both the Cicilies then And lastly Burgundy was never put before Millain Now to prove all this that I say I have here all the Records of that time which will prove their Stile to be otherwise First We shall shew the Acts of Parliament of that time The sitting began the 21th of October in that Year which was before their Deeds and ended the 9th of December after We shall first read the Titles of the Acts of Parliament and you will find them just as I have opened them Read the Statute Book Clerk Reads Acts made at a Parliament begun and holden at Westminster the one and twentieth day of October in the Second and Third Years of the Reign of our most gracious Soveraign Lord and Lady Philip and Mary by the Grace of God King and Queen of England France Naples Ierusalem and Ireland Defenders of the Faith Princes of Spain and Sicily Arch Dukes of Austria Dukes of Millain Burgundy and Brabant Counties of Haspurg Flanders and Tyroll and there continued and kept until the Dissolution of the same being the ninth day of December then next ensuing M. Bradbury Here in the Acts made by the Publick Council of the Kingdom the Style is in the ancient manner And your Lordships observes these no small differences Here first Spain is left out in the enumeration of the Kingdoms and so Sicily and Naples is instead of them In the Deeds Spain is put in before France and the Sicilies made a Kingdom too Secondly Here in the Style of the Act they are called but Princes of Spain and Sicily that in the Deeds is quite left out And then in the Acts of Parliament Millain is put before Burgundy in the Deeds Burgundy before Millain And how this great alteration of the Style should come to be put in a Millers Lease is strange We have next an account of all the Fines of Hillary Term which was the Term next following for their first Deed happens to be in Michaelmas Term and then the Parliament sate too Many of which were read Mr. Bradbury Here are likewise the Fines of Easter Term following which shew that still the Old Style continued in all the publick Records And if we could as easily have brought all the Enrolments of Deeds that would prove the same The Fines of Easter Term read Mr. Bradbury Now my Lord we shall shew when the Style turn'd that was in Trinity Term after The Fines read Mr. Bradbury But I cannot see how these Deeds could be truly made at that time when they stand single and none like them can be shewn except they come from the same Forge that these do I cannot believe the Miller alone or he that drew his Leases for him could so long before prophecy what manner of Style should hereafter be used Mr. Williams Your Lordship has heard our Deed of the 10th of December in the same Year read already but we having here the Leiger Book of the Church of St. Pauls which cannot be made for a Turn but was written at that time we desire the Style may be read there Which was done But to go a little further to satisfie your Lordship that they are very likely to be forged We shall give some evidence that this is not an unusual thing with some People concerned in this Cause The Witnesses will name them to you and give you an account of it Swear this Lady and Sir Charles Cotterel Which was done L. C. I. Well what is it you call these Persons to Sir Iohn Trevor To speak plain my Lord we call them to give an account of my Lady Ivies forging a Mortgage from one Sir William Salkhill for 1500 l. of a House in St. Martins Lane to which forgery Mr. Duffet that Ladies Husband was privy and what benefit he should have by it you will hear Sir Charles Cotterel pray will you tell what you know of my Lady Ivie in this matter Sir Charles Cotterell My Lord that which I have to say is this My Lord I am Tenant to my Lady Salkhill Sir William Salkhill's Widow in a House in St. Martins Lane and was so to her Husband a year and a half before he died The House hath been built backward and the Garden side they kept to themselves But all the House that was first built I took and have it still My Lord my Lady Ivy did come to the House about three months before Sir William died parting from her Husband Sir Thomas Ivy she came thither as a Refuge where she had been before and was received very kindly He died as I said about three months after and my Lady then desired to know how accounts stood between Sir William and her about monies he had lent her and supplied her with And upon the Account she appeared to owe Sir William 96 l. she then took 4 l. more out of my Lady Salthills mony and told her now Madam I owe you 100 l. She had been entertained as a Guest there without paying any thing for it and at his death she continued with my Lady Salthill three quarters of a year after And being there as she pretended in great kindness to me she persuaded my Lady and me that the Lease of my Ladies House should be turned over to me in trust for a Debt of fourscore pounds that was owing to me by Sir William Salkhill Said I to my Lady Salkhill Madam I am in no doubt of my mony I pay as much Rent as this in a Year and more I can pay my self that way pary let not me meddle with any such thing Mr. Duffett will be persuaded I intend to cheat them if I should But still my Lady Ivy was at it and prevailed upon my Lady Salkhill to press me to it At last upon their importunity said I if it be necessary for my Ladies service let it be done what you think fit She therefore gave direction to Mr. Sutton and he

depended in the Evidence of it upon abundance of Circumstances so that it may be impossible for me to remember all the Evidence that has been given But as neat as I can I will give you what Assistance I am able in recollecting what has been said on both sides Some of you I have observed have taken Notes and that will save me and you some trouble I will give you a Scheme fairly of that which is the Question And it will be very much more ease to you because you have had a View of the Matter than can be thought I can make it by any Direction of mine The Question in short is Whether seven Acres and an half of Land now built upon to a very great value as the Witnesses say 2000 l. a year lying on the East-side of the Lane that is called by the name of Fox's Lane betwixt that and the Mill called Ratcliff Mill be part of the Marsh that formerly belonged to the Family of the Stepkins's or whether or no that be not part of the Dean and Chapter of Pauls Inheritance If it belong to the Dean and Chapter of Pauls then the Issue is with the Lessor of the Plaintiff but if it be the Inheritance of the Stepkins's and part of the Marsh-land and was so according to the ancient boundaries then the Issue is with the Defendant The Plaintiff comes and shews for his Title First That this was all along enjoyed under the Church of Pauls Leases Knowles who formerly did receive the Rents of the very thing in Question till 77 before this Question says in his Testimony he received them in the Right and on the behalf of Mr. Neal who claims by Lease from the Dean of St. Pauls That is not sufficient to maintain his Title but they come and shew the Original and in point of time 5 H. 8. they say that one Dean Collett made a Lease of the Lands in Question for 45 years And to prove this a Book is produced to you wherein there is a short Entry made which takes no notice at all of any thing more but that there was such a Lease of a Mill in Shadwell with the appurtenances But upon their producing that Writing it is found to be a Paper Writing and there was an Objection and a material one made upon the Face of the Thing it self For there were two places that seemed to be suspicious as made directly to humour an Evidence of such a Lease in 5 H. 8. having Dr. Collett's name inserted who hapned to be Dean of Pauls at that time Whereas Nowell was originally the Name that was set there with the same hand that the other part of the Writing was Thereupon it came to be enquired into how it came to pass that Nowels Name was struck out and Collets put in That seemed to insinuate as if this was contrived on purpose to shoar up an Evidence and humour the time For it could not be imagined that Nowell should come to be Dean when that Lease was made who was not Dean till so long after in Queen Elizabeths time as I take it Now had this Objection met with this Book alone it would have made the Evidence Lame and they would have been thought to have set an ill Leg forwards But to take off that they come after and shew a Parchment Scrole which takes notice likewise of such a Lease And their Officer Spencer says he had seen that Scrole many years and so it could not be a new thing for this purpose It is an old Rental or some such thing in time in some short time after where is mention made of a Lease by Dean Collett 5 H. 8. for 45 Years which humours the time exactly and supports the Credit of the other Evidence This is that they give as an Answer to that Objection It might be a mistake as to the Name but this will shew that it was not a contrived matter for this purpose The next Peice of Evidence they go to is 5 Ed. 6. and for that time they come and produce Leases those that are at least in Law evidences of Leases and those are the Church Books Ancient Books that have been always read and allowed for Evidence And thereby they shew that one Dr. May then Dean of St. Pauls viz. 23 Feb. 5 Ed. 6. did let the Lands in Question to Ioan Hall and Marcellus Hall and he let it as the Dean and Chapter of Paul's Lands for 45 years at the Rent of 10 l. a year Then they tell you in the 2d and 3d of Phil. and Mar. 10 December one Deane Fecknam takes notice of the former Leases and lets it to Marcellus Hall and that is for 90 years wherein there is the Old Rent taken notice of and some Increase made And there is in that Lease a Covenant to repair the Mill and that has given a Rise to something that makes part of the present Question which they that are for the Defendant call a License to remove the Mill. You Gentlemen will have the Deeds with you and are to judge of them The Leases from 5 H. 8. to this Dean Fecknam are only Leases made for years and by reason of these Leases for Years and the long Lease which they pretend to the Defendants Counsel insist upon it that they could not be let in to controvert the Plaintiffs Title for the last Lease for 128 years from Stepkins to Hall expired in time but in the Year 1680. Now say the Plaintiffs Counsel and they produce that which is very material in the Case 5 Aug. 1636. This was then let to one Mary More the Relict of one Adrian More formerly the Assignee of the Lease that came from Dean Fecknam to Marcellus Hall And there instead of continuing it a Lease for Years he lets to Mary Moor in consideration of the former Leases and turns it into an Estate for three Lives So far then was the Dean of Pauls from apprehending himself to be but Lessee for Years that he takes upon him to create Freeholds which only he that has the Inheritance can do They go on further and tell you That in 1640. the same Dean of St. Pauls she having sold her Interest to one Whitwick and Winterburn there is a new Estate made to them for three Lives These continue in Possession under that Lease till Mr. Neal purchased in their Interest and his Grace of Canterbury then Dean Sandcroft he made another Lease to the said Mr. Neal for three Lives and there is a great Increase of Rent 80 l. during the Life of one of the former Surviving Lives and then to 100 l. Then comes the Lease made to the now Lessors of the Plaintiff by this Reverend Divine that is here now Dr. Stillingfleet the present Dean of St. Pauls at yearly 240 l. And this is the substance of the Evidence first given by the Plaintiff For his Title which is underneath that last Lease of Dean Stillingfleet which they say