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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

of the most Noble Reign to have and to hold Mr. Att. Gen. This doth vest the Lands in question with others in Vivold and Salvago as a Security for their Money Mr. Sol. Gen. Now we shall shew a Lease from Hill to Marcellus Hall Clerk Reads This Indenture made the Eleventh day of November in the Thirty Seventh year of the Reign of Henry the Eighth between Richard Hill Citizen and Mercer of London of the one partie and Marcellus Hall of Ratcliff Miller of the other partie Witnesseth That the said Richard Hill for the sum of Six pounds of lawful Money of England to him in hand paid at the ensealing and delivery hereof whereof the said Richard Hill hereby acknowledgeth himself to be fully satisfied contented and paid and whereof he doth clearly acquit and discharge the said Marcellus Hall his Executors and Administrators by these Presents hath Demised Granted and to Farm Letten and by these Presents doth Demise Grant and to Farm Lett unto the said Marcellus Hall a parcel of Marsh Ground lying and being at the East end of the Marsh that Butts on Ratcliff Hilly Marsh Wall-bank or Wall belonging and the Well Shadwell containing by estimation Eleven Acres and an Half more or less abutting on the Thames Wall on the party of the South to the Lands called the Deans Linches on the party of the North and on the Wall that reaches from the Linches to the Island by the Pond on the West with all the Foreland and Soyle All which Marsh Land is in the Parish of Stebunheath To have and to hold the said Marsh Land Foreland and Soyle to the said Marcellus Hall from the Feast of the Annunciation of St. Mary the Virgin next coming for Thirty and Four Years Mr. Att. Gen. This was a Lease made to their Miller and contains Eleven Acres and half an Acre which we shall shew is just exactly the contents of our Land Next then we shall come to the Conveyance made to Thomas Stepkin which will bring us to our Title L.C.I. Read the Reservation of that Lease Clerk Reads Yielding and paying therefore yearly and every year unto the said Richard Hill his Executors and Assigns Three pounds of good and lawful Money of England at four Terms of the year that is to say the Feast of the Nativity of St. Iohn the Baptist St. Michael the Archangel the Birth of our Lord and the Annunciation of St. Mary the Virgin Mr. S. Pemberton Pray my Lord we desire they may give some account of this Lease where they had it and how they came by it M. Att. Gen. You have had it in your hands you see what it is Mr. S. Pemberton Yes and therefore we desire to know some thing about it because we find Knowles hand to it Mr. Att. Gen. We can give you a better account of it than you think for but that will let you into an hours wrangle more which is all you have to say for yourselves We have it disprove it Mr. S. Pemberton You have it we see but remember you will give no account where you had it But then we desire to ask Mr. Knowles a Question Whether my Lady Ivy was with him Mr. Att. Gen. My Lord we desire we may go on and give our Evidence intire they would fain break in upon us and take up another hour in quarrelling with our Witness When we hear them in their time offer to impeach the Validity of the Deed then will be our time to justifie it and I doubt not but we shall give a satisfactory account of it Pray will you give an account of the Deed you snap'd up the last time L.C.I. Nay nay Gentlemen we cannot take up our time in your Dialogues and little heats Do you not hinder them and we shall see they shall not hinder you when it comes to your turn Clerk This Deed has been read for the Plaintiff and Defendant and is marked so Mr. Att. Gen. It has been twice read before L.C.I. Well will you go Gentlemen Mr. Sol. Gen. Then we shall shew this Deed Poll next Clerk This also is marked to have been read twice Reads This is dated 16 Apr. in the 6th year of King Edward the Sixth To all Faithful People to whom this present Writing shall come I Richard Hill Citizen and Mercer of London send Greeting in our Lord God Everlasting Know ye that I the said Richard Hill for the sum of One hundred and thirty pounds of lawful Money of England by Thomas Stepkins alias Stipkin of the Parish of St. Mary Matfellen alias Whitechappel in the County of Middlesex Beer-brewer unto me the said Richard Hill in hand paid wherewith I confess my self to be well and truly satisfied L.C.I. Upon whose account is it that my Brother Gregory comes here Mr. S. Stringer My Lord Mr. Baron Gregory was desired by the Plaintiff to be here and as soon as we come to our Reply we shall ask him some Questions if he please to stay we will dispatch him so soon as we can Mr. Att. Gen. Nay rather then trouble Mr. Baron to stay we yield he should be Examined now Mr. Bar. Gregory I am not in so much hast my Lord but I can stay a while and not break in upon the middle of an Evidence for me L.C.I. If you please they consent you may be Examined and they may be long Mr. Bar. Gregory I would not interrupt the course of Evidence L.C.I. Nay we will take you at your word but if it be long pray remember we would have eased you but you Complemented yourself out of it now you are like to abide-by it awhile I assure you Brother Go on Clerk Reads And do therefore acquit and exonerate the said Thomas Stepkin alias Stipkin his have given enfeoffed sold granted and by this my present writing confirmed all those my four and twenty Acres and an half of Marsh Land measured by the Rod or Pole lying in Wapping Marsh Three Acres of which are lying adjoyning on the west side of the Mill that butts on the Hilly Bank or way leading to Ratcliff Town called Ratcliff Mill with the Bank or Wall thereto belonging and the Well adjoyning to the way that goeth up to the Linches called Shadwel lying in the east end of the Marsh and all the next piece west adjoyning to the same containing by estimation one Acre and the Pond and two Acres adjoyning on the west side six Acres lying in the bottom of the Hilly Linches adjoyning Northwest on the Wall that reaches from the Linches to the Island by the Pond All which Eleven Acres and an half of Marsh-Land are in the holding of Marcellus Hall Miller and also the Bank or Wall Flood or Pond adjoyning west on the said Eleven Acres and an half containing by estimation of measure two Acres and also all that parcel late divided into two and now or late in the Tenure of Richard Hill Butcher containing by estimation of measure six Acres and

they met and in half an hour Mr. Neale came up stairs after they had changed two or three Complements they came to talk about meeting at Mr. Attorney Generals Chamber in the Temple to Treat about their Controversie Says Mr. Neale let there be a Forfeiture upon it of 50 l. to be paid by him that faills No says Mr. Brian I will make no forfeiture but I will certainly meet there Says Mr. Neale again and I question not but to give such satisfaction as whereby to convince you and my Lady that this is not her Estate I should be glad to hear that says Mr. Brian why I hope you do not think the Deeds are Forged No says Mr. Neale I do not think they are forged Mr. Knowles offered me a long time ago to shew me that Deed and I might have had it in my possession but I would not for if I had I should have been the aptest man in the world to burn it This is all I can say L. C. I. And what is this to the purpose Gentlemen alack a day this is very thin A slight Discourse in a Tavern how can any answer be given to such an Evidence tho' indeed it does not need any pray let not our time be taken up with such trifling stories of a cock and a bull Go on to that which is material Mr. Att. Gen. Now we shall produce a Lease from Marcellus Hall to one Roper of part of this Eleven Acres and an half Clerk reads This Indenture made the 13 day of November in the 2d and 3d years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the Grace of God King and Queen of England Spain France both the Sicilies Ierusalem and Ireland Defenders of the Faith Arch-Dukes of Austria Dukes of Burgundy Millain and Brabant Countess of Hasburg Flanders and Tyrole between Marcellus Hall of Radcliff Miller of the one party and Richard Roper Citizen and Salter of London of the other party witnesseth That the said Marcellus Hall for the sum of Six pounds of good and lawful Money of England to him by the said Richard Roper in hand paid whereof the said Marcellus Hall clearly acquitteth and dischargeth the said Richard Roper his Executors and Assigns and every of them by these presents hath granted demised and to farm letten and by these presents granteth demiseth and to farm letteth to the said Richard Roper a parcel of Marsh Ground lying and being in Waping Marsh at the East end of the Marsh beginning at the west side of the Well which lyeth by the way that leadeth up to the Linches called Shadwel measured by a strait line from the Linches by the west side of the Well to the Thames Wall and reaching West to the way that leadeth up into Radcliff high way containing by estimation of Measure Seven Acres little more or less and the Pond all which Marsh Land abutteth North upon the Linches of the Deart and Chapter of the Cathedral Church of St. Paul and South upon the Thames Wall and also all the Thames Wall belonging to the Seven Acres with the Forland and Soyl down to the Low Water Mark of the River of Thames All which Marsh Lands are lying in the Parish and Mannor of Stebunhith alias Stepney in the County of Middlesex To have and to hold the said parcel of Marsh Ground Wall Fore-Land and Soyl with the appurtenances to the said Richard Roper his Executors and Assigns from the Feast of the Annunciation of our blessed Lady St Mary the Virgin next coming unto the end and term of Four and twenty years from thence next ensuing and fully to be compleated and ended yielding and paying therefore yearly during the said Term to the said Marcellus Hall his Executors and Assigns Three pounds of good and lawful money of England at Four Terms of the year L. C. I. What date is that Deed of Clerk The 13 th of November in the 2 d and 3 d. years of King Philip and Queen Mary Mr. Att. Gen. Now we shall read Stepkinses's Licence to Hall to alien his Term. Clerk Reads To all manner of People to whom this present writing shall come I Thomas Stepkins alias Stipkins of the Parish of Stebunhith alias Stepney in the County of Middlesex Beer Brewer send Greeting in our Lord God Everlasting Whereas I the said Thomas Stepkins in the 16 th of April in the sixth year of Edward the sixth have betaken Eleven Acres and an half of Marsh Land with all the Bank with the Foreland and Soyl down to the Low water mark of the River of Thames that he should not alien or assign the said Lease or Term of years without the special license or consent Now know ye That I the said Thomas Stepkins for divers good causes give Leave and License to the said Marcellus Hall to the Right Worshipful Mr Dean of the Cathedral Church of St. Paul with the Wall Foreland or Soyl under such Covenants as is reserved and contained Mr. Williams I would ask Mr. Banister something about this Deed look upon it Sir Mr. Att. Gen. We have not done with him yet Pray take that Deed out of his hand Mr. S. Pemberton You will let him give some account of it first Mr. Attorney Mr. Att. Gen. You would sain confound him Mr. S. Pemberton He is confounded enough already Mr. Sol. Gen. Now Mr. Banister you have considered of it pray once more look upon the Deed again which he did Was that Deed one that you signed then or no Banister This is my name but I cannot find the Date of this Deed in my paper I cannot tell now whether it be one I found then or no. Mr. Sol. Gen. Did you set your hand to any Deeds that were found there which you did not set down in your paper Banister No not that I know of I do not know I did L. C. I. Prithee where didst thou set thy hand to that Deed. Banister I set my hand to the Deeds that were found there at the House L. C. I. Did you set your hand to none else but what were found there Banister I have set my hand to divers Deeds beside but they are none of those Deeds that are in my paper L. C. I. Where did you set your hand to any Deeds besides Banister To divers Deeds I have set my hand at home L. C. I. Have you to any relating to the Lands in question Banister I do not know that I have set my hand to any Deeds relating to the Lands in question but at Mr. Knowles's L. C. I. To what purpose did you set your Hand and Name to the Deeds you found at Knowles's Banister To the same intent to testifie that I was at the finding of them L. C. I. To what end did you set your Hand to any other Deeds Banister To the intent that I knew better where the Lands did lye then she did and when my Lady found any Deeds I set my Hand to

also all that parcel West adjoyning to the six Acres which I the said Richard Hill hold in my own hand and also that is to say all that parcel with the Bank or Wall Island and Pond containing by estimation of measure five Acres which last Thirteen Acres I bought of and had conveyed to me and my Heirs from one Iohn St All which four and twenty Acres and an half more or less of Marsh Land abutteth on the Thames Wall on the part of the South to the Lands of the Dean and Chapter of the Cathedral Church of St. Paul called the Linches on the part of the North on the aforesaid Mill on the part of the East and on Twenty Acres of the said Thomas Stepkin on the part of the west and also all the Thames Bank or Wall belonging to the said four and twenty Acres and an half of Marsh Land which said piece or parcel of Wall doth abut on the south-South-end of the said on part of the East and on the Bank or Wall in the occupying of William Knevet on the part of the west All which Marsh Land Bank or Wall are in the East end of Waping Marsh abutting on the aforesaid Mill and Hilly Bank aforesaid in the way leading to the Town of Ratcliff aforesaid And which Four and twenty Acres are part and parcel of One hundred and thirty Acres which was heretofore continually for the most part overflown and drowned with the water of the River of Thames and all and singular Messuages Cottages Houses Edifices Orchards Tofts Foreland and Soyl which were the said Thomas Stepkinses before the overflowing and all and singular Messuages Edifices Cottages Cellars Sollars Orchards Woods and Underwoods and all other the rest of my Heriditaments whatsoever in the Parish and Mannor of Stepney in the County of Middlesex Mr. Att. Gen. Now we shall produce a Lease from Stepkins to Marcellus Hall Mr. Serj. Pembleton I hope they will give some account of this Deed first Mr. Att. Gen. When you say any thing against it Mr. Serjeant we will but we desire now to go on with our Evidence Read that Deed. Clerk Reads This has been read before and is marked This Indenture made the Twentieth Day of April in the Sixth Year of the Reign of our Sovereign Lord King Edward the Sixth by the Grace of God King of England France and Ireland Betwixt Thomas Stepkin otherwise Stipkin of the Parish of St. Mary Mackfellon in the County of Middlesex without Algate Beer Brewer of the one part and Marcellus Hall of Ratcliff Miller of the other part Witnesseth that the said Thomas Stepkin otherwise Stipkin for the Sum of 50 l. of lawful Money of England to the said Thomas Stepkin otherwise Stipkin by the said Marcellus Hall at the ensealing hereof well and truly paid and satisfied and of the same doth clearly acquit and discharge the said Marcellus Hall his Executors and Assignes and every of them by these Presents hath demised granted betaken and to farm letten and by these Presents doth demise grant betake and to Farm lett unto the said Marcellus Hall all those his Parcels of Marsh-land lying and joining on the West side of Hilly-bank or way called Ratcliff-way and the Well adjoining to the way that goeth up to the Lynches called Shadwell lying in the East end of the Marsh containing by Estimation of Measure three Acres and an half and all the next piece West adjoining to the same containing by Estimation of Measure Six Acres and the Pond and Two Acres adjoining on the West side of the Six Acres lying on the Bottom of the Hilly-Lynches adjoining North-West on the Wall which reacheth from the Lynches to the Island by the Pond all which eleven Acres and an half little more or less abutteth on the Thames Wall on the party of the South to the Dean and Chapter of the Cathedral Church of St. Paul called the Lynches on the party of the North and on the Wall by the Pond on the party of the West and also all the Thames Wall belonging to the said Eleven Acres and an half of Meadow or Marsh-land which said Piece or Parcel of Bank or Wall doth abutt on the South End of the aforesaid Hilly-bank or way reaching to the East side of it which leadeth to Ratcliff Town on the party of the East and on the Wall in the Occupation of Iohn Everard on the Party of the West and also all the Foreland and Soyl down to the Low-Water-Mark of the River of Thames belonging to the Premises all which in the East End of Wapping-Marsh abutting on the aforesaid Mill and the Mill Hilly-bank or way leading as aforesaid in the Parish and Mannor of Stebunheath otherwise Stepney in the County of Middlesex and now in the holding of the said Marcellus Hall to have and to hold all the said Parcels of Marsh-land Foreland and Soyle and every part and Parcel thereof to the said Marcellus Hall his Executors and Assignes from the Feast of the Annunciation of St. Mary the Virgin before the Date hereof to the End and Term of One Hundred Twenty and Eight Years thence next ensuing yielding Mr. Sol. Gen. Read the Proviso L. C. I. Read the Reservation of the Rent Clerk reads Yielding and paying therefore yearly for the same to the said Thomas Stepkins his Heirs and Assignes one Pepper Corn at the Feast of the Annunciation Mr. Sol. Gen. Now read the Proviso Clerk Reads And the said Marcellus Hall for himself his Executors Assignes Covenanteth and granteth to and with the said Thomas Stepkins his Heirs and Assignes that he the said Marcellus Hall his Executors and Assignes shall and will bear all manner of Charges And it is further covenanted granted and agreed between the said Parties that it shall not be lawful for the said Marcellus Hall his Executors or Assignes to alienate or assigne this present Term of Years or any part thereof without the special License or Consent of the said Thomas Stepkins his Heirs and Assignes Mr. Williams Pray my Lord will you give me leave to ask a Question of Mr. Banister Mr. Att. Gen. My Lord he has not been examined yet they cannot under Favour ask him any Questions Mr. Williams You have sworn him and so he is under an Oath and we may doubtless examine him as your Witness to this Deed that you have read Is that your Name Sir Shewing him the Deed of 16 Apr. Banister This is my Name written by my own Hand Mr. Williams When did you write your Hand there Mr. Banister Banister The 16th of April 1682. Mr. Williams Pray Sir look upon it again Banister This is my hand and I writ it my self when the Deed was found I writ a Paper of such Deeds as were found at the same Instant of time Mr. Williams And you writ it when you found it Banister I writ that Name at that Instant of Time Mr. S. Pemberton When was it do you say Banister The 16th of Sept.

Mr. S. Stringer We submit it to you my Lord. Then we shall offer you a Survey In the Year 1649. this was exposed to Sale as Church Lands and a Survey taken and found to be the Inheritance of the Church of Pauls and as such sold for 9500 l. and enjoyed by the Purchasors till the Restoration Mr. Williams Yes and to that very Person sold from whom they say they had these Leases which they have produced That is to Winterburn whose Executor Knowles was as he says and if he had such a Lease which had then been forty Years in being would he have given so much Money or ventured to purchase it as the Inheritance of the Church Mr. S. Stringer Here is the Survey then taken Mr. Att. Gen. We oppose the reading of your Survey because it had not any Authority to warrant it L. C. I. Nay Mr. Attorney though there was no sufficient Authority yet such things have always been allowed as Evidence You cannot but remember it was done in the Case of Finsbury-Rotten row as they called it White-cross-street Mr. Att. Gen. Then let them read the Commission it was made upon Mr. S. Pemberton We have none there were many things done then of this Nature without Commission under Seal L. C. I. Ay they did them by Orders from Committees Read it It was read dated Dec. An. 1649. Mr. S. Stringer Now we will shew the Deeds of Purchase which was by Deed inrolled Dated 22 Nov. An. 1650. for 9540 l. Mr. S. Stringer My Lord because they pretend this to be an Overshot-Mill as they call it though it be plain it could not be by the Place yet we have three Tide Millers that we would trouble you with a little but first here are some others Bland Marr and Leburn who will give an account of it They were sworn Bland do you know the Houses in Question Bland Yes Mr. Williams How long have you known them Bland Thirty Years Mr. S. Pemberton Pray what is the common Reputation whose the Lands were Bland It was always taken to be the Dean's Lands Mr. Williams Who were the Tenants Bland Mr. Whitwick and Mr. Winterburn L. C. I. Pr'ythee canst thou tell what was taken to be the East Boundary of Wapping Marsh Bland Foxes-lane L. C. I. Was that the Reputation upon your Oath in all your time Bland Yes ever since I knew it Mr. Williams Bland pray do you know the Pond Bland The Ponds were filled up but there were Ditches in my time L. C. I. How near were the Ditches to Foxes-lane Bland Within Ten Foot Mr. Williams What was the use of those Ditches Bland The Water came in at Bell-wharf and filled up the Ditches with the Tide and so it went back again Mr. S. Stringer Can you tell who purchased these Lands of the State in the late times Bland Whitwick and Winterburn Sir Iohn Trevor Swear William Kemp and Curtlett Which was done Mr. Williams Hark you Mr. Curtlet we would ask you a Question My Lord your Lordship observes there is a Well called Shadwell that is at the East end of their Marsh. We shall shew where that Well is There was a Well very lately just by Wall-Marsh hard by the place where the Church is now built which was called Shadwell and from which the Church has its Name Curtlett do you know Foxes-lane Curtlett Yes I do Mr. Williams How long have you known it Curtlett I have known it Sixty Years Mr. Williams When you first knew it whose Land was it Curtlett I am ignorant of the original Title or the derivative Title I know not whose it was or is Mr. S. Pemberton But whose was it reputed to be that we mean Curtlett Sometimes it was reputed Mrs. Moors sometimes Winterburns sometimes ones sometimes anothers Mr. Williams Do you remember the Mill that was in this Ground in Question Curtlett Yes very well Mr. Williams How was that Mill driven Curtlett The Water came in at Bell-wharf Eastward out of the Thames into the Pond and so run beyond Broad-bridge and vented it self into divers Ditches and when the Tide went out it returned back again and imployed the Mill. Mr. Williams How far went the Ditches Curtlett Some of them to Foxes-lane and one principal Ditch turned up half way the Lane that People were forced to have Boards and Planks to go over it L. C. I. The Thing is very plain had it been as they say an Overshot mill this Provision that was made of Water for it for ought I see would have drowned all the Ground round about it Curtlett When I was a Boy we used to swim in that Place that was near Shadwell in the Eady there I have seen the Water as it went out and the Mill wrought with it as it went back again L. C. I. Was there not a way when you knew it first from North to South Curtlett I cannot well tell Mr. Att. Gen. Was there not a way from Ratcliff-high-way at Cock-hill to the River of Thames Curtlett There was a common way for Carts and Horses down to the Ballast-wharf and there was a great vacant Place Mr. Att. Gen. Pray let me ask you Did you ever hear these Lands reputed to be Stepkin's when you knew them first Curtlett We have heard talk of that Gentleman Mr. Att. Gen. How long ago Curtlett I have not heard of him this Tweny Years Mr. Att. Gen. Have you above Twenty Years ago Curtlett If I did hear of him I do not believe then it was in his Possession I cannot tell whose Title is best You have I suppose both of you better Witnesses than I Conveyances and Deeds Mr. Att. Gen. He is a wise Witness he will not swear whose it is L. C. I. He is so Mr. Attorney I wish yours were so too Mr. Williams Pray what was it beyond Shadwell and how near was Shadwell to Marsh-Wall Curtlett Shadwell was on the further side near Foxes-lane Mr. Williams To the East or West of Foxes-lane Curtlett To the West Mr. Williams Did you know the Well that is called Shadwell Curtlett I know there was such a small Spring L. C. I. Did it lie East of Foxes lane or West do you say Curtlett West it lay Mr. Williams Pray did the place where you used to swim come up as far as the Wall Curtlett Oh no. L. C. I. I believe that was within the Thames only Mr. Williams How near have you swom to Foxes-lane Curtlett It was in the Thames in an Eddy there the Water went underneath the Mill. Mr. Att. Gen. In whose Ground was that Well that you call Shadwell Curtlett I cannot tell in whose Ground it was Mr. Att. Gen. Was it in the Lynches or in the Marsh Ground upon your Oath Curtlett I cannot tell indeed whose Ground it was in Mr. Att. Gen. Did it rise very high Curtlett It was out of the high Ground where the Church is built Mr. S. Lutwich Did you ever hear of any Well but what

any of theirss but the undoubted Inheritance of the Stepkins's and not a Foot of it belongs to any other Man living But further since they will not we shall produce a piece of Evidence which indeed we must thank Mr. Neale for for he blabbing it about that he had a Survey of the Mannor of Stepney which would do our work put us upon searching there for it and we have it here and there you will find a particular of all the Dean's Lands under 33 s. and 4 d. Quit-Rent And the Particulars are thus described in that Book which shews that there was a Tenement that stood by the Mill and that paid a Quit-Rent and the other Lands came under that Quit-Rent Twenty Acres called Shadwell-field that lyeth on the North Side of Ratcliff High-way known at this Day and all this piece of Ground of Twenty Acres is built upon and improved which was one part of the Land that came under a Quit-Rent but not pretended to be any part of this The next is Five Acres called The Linches and it appears by the Record to be but five Acres and so it is measured now Ratcliff High-way went on the Top of the Hill and this is called the Lynch-way not improved nor built upon and is exactly abutted according to our Records and decyphered by Acres to an Acre Then comes the third Parcel and that only concerns you to enquire of whether these seven Acres and an half be parcel of that And that is described in the Record to be a Tenement called Derrick-hills which is a Bake-house with a Mill and the Lead and Trough the Appurtenances of the Mill at the Rent of 33 s. and 4 d. These are all the Parcels named of the Dean and Chapter 's Lands And at the last Tryal when they produced the Deed of Purchase whereby this was conveyed to the Dean which I think was in H. III. Time it yielded but 3 l. a Year in the whole and now in time it is come to 2000 l. a Year without this great Gobbet which they intend now if they can to swallow up And now as to this Parcel all they can claim is but a Mill and in the later Leases it is a House where the Mill stood and that we shall shew by Records where it stood and it is said to be called Derrick-hills and scituate on the East end of the Marsh now in Question And to go a Step farther we shall shew that this was altered in Queen Mary's Time for in 5 Ed. VI. the Book wherein their Lease is makes mention of the Mill as standing then in 10. Dec. 2 3 Ph. M. there is a kind of Mistery which we shall by our Evidence unriddle For then though the Tenant had above Forty Years in being and to come he must renew his Lease from Dean Fecknam at that time Now we shall shew that the 20th of the same December this Place where the Mill then lately stood was let to Iohn Carter Oarmaker There is in that place at this Day Lands and Houses that yield the Dean and Chapter an Hundred Pounds a Year distinct from the Linches and the North Ground of Ratcliff High-way and that is a very good Improvement for a Mill and a Bake-house and a Leaden Trough and a Ditch for the Water Now by their Lease in 1630. they recite that the Mill was not worth the keeping up and according to the Power given them by the Lease 2 3 Phil. Mar. to pull down the Mill it was pull'd down and built upon and it came to yield them 100 l. a Year as it doth at this Day After this we shall call Witnesses to set forth that in this Place in the East End of Cocock-hill in the Memory of Man there was found the Floor of the old Mill and there are those living that can attest it So we shall shew they are fishing in a wrong Pool they have sufficient to answer their Deed of purchase and all the Evidence that hath been given you will appear to be only to entertain the Court with an amusing nothing and to take up the time But we shall go yet a Step further and shew beyond all peradventure that this Land in question was Marsh Ground And the other side must admit that if it be Marsh Ground the Dean and Chapter have nothing to do with it never pretended to a Foot of it nor doth any Tittle of their Evidence mention Marsh Ground And truly we will admit it to them if it be not Marsh Ground we have nothing to do with it So that Gentlemen your great Question is whether this be Marsh Ground or not And thereupon the main of the Question will be about the East Boundary alone and no other For that Wapping-marsh bounded South on the Thames North on the Lynches and West on St. Katherines is no Question nor never was in all the Tryals that have been Therefore the only point that the Evidence is to be applied unto is about the Eastern Boundary That we lay to be Cock-hill anciently called The Hilly-way or Mill-bank now Cock-hill and in the Records of Stepney Mannor it is called Cornhill And it is a rising hilly Ground it appears to be so to this Day I appeal to the Jury who have seen it Now that this was Marsh Ground and the Inheritance of the Stepkins's we shall prove by these steps First we shall produce an Act of Parliament made in 27 Hen. VIII wherein the Bounds appear to be plainly the same as now we say they are at this day only now it is all built that is all the Difference and the Marsh doth thereby contain 130 Acres Now by that Act the whole Marsh is vested as to one Moiety in Richard Hill as Assigne of Vanderdelf the Dutchman who had dreined it and for his Pains was to have one half and he agreed with Participators among whom Stepkins was one and had 53 Acres and particularly this Land So that the Dean of Pauls must derive a Title from this Act if he will have the Land But we shall shew how they colour their Possession Afterwards Richard Hill II. Nov. 37 H. VIII he doth make a Lease to the Dean and Chapters Miller and that for Thirty Four Years wherein you will exactly see the Boundaries of the Act are pursued After he had leased it thus to the Dean's Miller he passeth away the Inheritance to Thomas Stepkins in time 16. Apr. 6 Ed. VI. Mercellus Hall the Miller after Stepkins had obtained the Inheritance upon Agreement between them gets a Lease from Stepkins of 128 Years of the Lands in Question as you may see by the Bounds they are exactly the same and this was in time 20. Apr. 6 Ed. VI. So the Miller had now Ground on both sides the way that is called Cock-hill On the East side by Lease from Hill on the West side by Lease from Stepkins Then in point of time we shall come to shew the

remember All the Estate about it was in the Traps Family he was a Gentleman of our House all the Water that drives that Mill and two or three Mills that serve that side of the River is taken in as the Tide comes in and is pent in as he says by a Dam and when they open that the Mill turns back again For I would sain have all these things that seem to be dark cleared by the way as they go I will suppose all the Records you have read to be right and that it is called Ratcliff-Mill and then there is the Mill-bank and the Hilly-bank and the Hilly-way it is plain then there was a Mill-bank or a Hilly-bank or whatever you call it It so falls out that the thing now in Question is made plain upon your own Evidence there was really Ponds and Gutters and those things that were to satisfie the Mill This Mill comes to be plucked down and the Ponds and all the Sleuces come now to be built upon This is not like your Marsh Ground that is on the Western part of the Bank but it is Parcel of Mere or Marsh as the Pond and the rest stifled up by those things that till such time as the Mill was taken away were Receptacles for to pen up the Water that came in with the Tide What is the meaning of those Words in the Survey that I spoke of before and the several Tenements and Orchards and Ponds and Sewers c. and all those things Would you have it that this should all point to the Scite of the Mill as though all the Boundaries should extend to the East end of the Mill Mr. S. Stringer That was the Reason why I asked but now how big the whole was L. C. I. And will what you would have Mr. Attorney a Ditch or two ever answer the Words in the Survey Mr. Att. Gen. Nor will all their Words amount to divers Closes of Ground as this must make in the whole Mr. Sol. Gen. Their Twenty Acres elsewhere answers all they can claim L. C. I. But this you yourself say is the Derrick-hills in the Survey and you do take it as soon as the Mill was pulled down in one place it was set up in another Mr. Att. Gen. After he had taken our long Lease he erected one we say upon our Ground for he had pulled down the old Mill and lett that to Carter Mr. Sol. Gen. My Lord it is plain that the old Mill and the new Mill were not upon the same Ground from Carter's Lease L. C. I. Mr. Sollicitor You indeed agree among your selves that it is plain but alas the Fact is quite contrary Mr. S. Maynard My Lord we do make our Argument for the Defendants Title as your Lordship does apprehend it The Boundaries towards the East is made the Mill and Ratcliff-Town This place that contains Seven Acres though it had Passages for the Water is not the Mill and it can never be that so much Ground can be reckoned to be Lands belonging to the Mill It is the Mill it self that is the East bound L. C. I. No it is the Mill and the Mill Bank Brother Mr. S. Maynard With Submission my Lord it is Ratcliff-Mill L. C. I. Is there no Mill-Bank in any of the Deeds Mr. S. Maynard Not that I remember L. C. I. At the Peril of my Discretion be that Brother Mr. S. Maynard Take it to be so as your Lordship says that there is mention of a Mill-Bank that cannot lye East for it lyeth in a little Pond L. C. I. Good Brother let us not puzzle that which is as plain as that the Sun shines The controversy is about all the West part of Foxes-lane Mr. Att. Gen. No it is the East bound that we contend for L. C. I. Mr. Attorney if you will mistake the Point I cannot help it I assure you I do not Pray take notice of it it is called 130 Acres in your Act of Parliament Mr. Att. Gen. Yes my Lord 130 Acres L. C. I. Now then the East of your Land by your own shewing is Mill-Bank the East of Mill-Bank is the Mill whereas the West part is St. Katherines so all your Deeds and Records say but the East part of the Land is Mill-Bank Mr. S. Maynard No my Lord Ratcliff-Mill L. C. I. But I say ay Brother Then how broad doth Foxes-lane extend Mr. Att. Gen. 'T is reckoned 30 Foot in Carter's Lease I think L. C. I. That is a Lease that I perceive there is some controversy about therefore I do not so much mind that It is a Perch of Land I think in some of your Evidences Mr. Att. Gen. Where Foxes-lane is is the four Acres that were surrender'd now that being the West-bound of the eleven Acres where then are the other seven L. C. I. Read the Deed Poll again the particulars and Bounds only Clerk Reads All those my four and twenty Acres and an half Mr. Att. Gen. The East Bound your Lordship sees is the Mill Now your Lordship makes an Objection that if it were as we say an Overshot Mill it could not have been driven L. C. I. Do not pray make any silly Objection for me and then think to answer it I tell you I do say that it is impossible there could be any Mill there but a Tide-Mill The thing is as plain Mr. Att. as any thing in the World can be Go on with your Evidence Mr. Sol. Gen. Pray swear Iohn Somerly Which was done How long have you known the Place in Question Somerly I have known it about 27 or 28 Years Mr. Att. Gen. Do you know where the Mill stood or was reported to stand Somerly I know where it was reported to stand but I never knew the Mill my self it was demolished before my time Mr. Att. Gen. Where was it reported to stand Somerley As it was reported it stood about half the length of the Hall off the Bank rather leaning to the River of Thames than the High-way Mr. Att. Gen. Where was the way to the Mill Somerley At Cock-hill L. C. I. That your own Evidence say was on the West side of the Mill. Mr. Att. Gen. Did you know Shadwell Somerly I know that that is called Shadwell Do you mean the Well Mr. Att. Gen. Yes how far is the Well from Cock-hill Somerley Half the length of the Hall Mr. Williams How far is it East of Foxes-lane Somerley Truly I cannot well tell L. C. I. The Question is whether that be the Well that is mentioned in the Evidences Somerley I never knew any other Well I pay'd for filling of it up Mr. Williams What was it was it not a Pond formerly Somerley It was a Well Mr. Att. Gen. What was it called Somerley Shadwell it was called I knew no other Name it had and that Well was wharfed about and there was a Piece of Wood about Six Foot long put into it and it was on the hide of the Hill a

omitted any thing that is material on either side they have free liberty to remind the Court of it you are the Judges of this Fact whether this Land do of Right belong to the Plaintiff or to the Defendant And I leave it to your Consideration After which the Jury withdrew to consider of their Verdict and the Court arose That Evening the Jury gave in a Private Verdict before a Judge and appearing the next Morning at the Barr were called over and demanded if they did abide by the Verdict they had given the Night before to which they answered yes which being declared by the Secondary to be for the Plaintiff the Jury were discharged Then a Motion was made by the Plaintiffs Counsel that several Deeds produced by the Defendant that were detected of Forgery might be lest in Court in order to have them pursued and convicted of the Forgery The Court upon debate of the Matter and the Plaintiffs Counsel declaring they would prosecute an Information of Forgery the Deeds of the 13th of November and the 22th of December 2 and 3 Phil. and Mar. were ordered to be lest with the Clerk of the Crown till further Order and in the mean time the Plaintiff to have Copies of them from the Clerk and by Rule of Court a Tryal at Barr is ordered in Michaelmas Term. FINIS The land within and belowe the Red Line is the Land that was in 1683 Claimed by the Lady Ivy and is the Seaven Acres of Land in which the Mill Ponds and Ditches did all over dispersed by lie and into which the Water did every Tyde flow and then there was kept in by the Thames or Mill Wall on the South and East Corner of it and by Wall-Marsh Wall now foxes Lane on the West and went out againe at the Ebb and so did drive a tide Mill To which with its appurtences which must have been this Land the Deans of St. Pauls on Record can Shew Title in fee for more then 400 years and their Tenants all along have enjoyed it and yet the dispute by the Lady Ivy rais'd twixt the said Dean and her self has been whether this very ground be parcel of 130 acres drowned Land now called Wapping Marsh that drained but about 150 years since in Henry the Eights time or not 1687. Now in Perpetuam Rei Memoriam and for that Cause this is printed Note THE Survey of the Mannour of Stepney and on Record in that Court by the Lady Ivy first she knowing that it would by the Dean be produced taken in and about the 25th Eliz. with Reference to other Surveys above 100 years older sets out and describes by it self the whole 130 Acres of Marsh and Butts the same on the Lands of the Dean of St. Paul's London held of the Mannour of Stepney towards the East and that is on this very Land The Act for Draining the whole 130 Acres in Henry the Eighth's time Butts the same East on the Town of Ratcliff which is also on this very Land every part of it Eastward of Foxes Lane having always been reckon'd in Ratcliff and ever so named in all Leases and Deeds till Shadwell was by 〈◊〉 of Parliament made a Parish distinct from the Hamlet of Ratcliff in or about 1670. And it is to be Noted That this Land Eastward of Foxes Lane was also among other Surveyed and Sold as 〈◊〉 and Chapters Land in the late Times of Rebellion in or about 1652. and was and is all of it but just ●here the Ditches and Ponds were 8 or 10 foot higher than the Lands Westward of Foxes Lane which are al●●●ed to be part of Stepkins's Lands in the Marsh. And besides this 130 Acres of Marsh so set out as in the Survey aforesaid the said Stepney Survey sets also out for the Dean Shadwel-Field by estimation 20 Acres and Bounded as it really is and 5 Acres of Linches Bounded just as it 〈◊〉 And also this Land as it follows described a Tenement called Derekin and one Tenement late Pinserus de 〈◊〉 together with a Water-Mill divers Tenements Cottages Mansion-Houses Orchards Gardens Ponds 〈◊〉 and Pitles all lying together Butting South on the Thames and on Wall alias Wapping Marsh in part Marked A in the Map and on the Linches in part Marked B and on Ratcliff High-way in part on the North 〈◊〉 on Wall or Wapping Marsh on the West and upon the Lords Waste towards the East held of the Mannour of Stepney freely ever since Richard the Second's time at 33 s. 3 d. ½ per annum quit Rent and the same is still yearly paid for it And yet the Claim made by Lady Ivy as aforesaid would take almost all this whole parcel away and by that 〈◊〉 the Ground wherein these last mentioned Tenements Orchards Gardens Ponds c. belonging to the Dean 〈◊〉 most certainly lye and are so exactly described in the aforesaid Survey and without which there could be to place there to hold and keep Water to drive the said Mill And for the mending that matter the Lady Ivy's Counsel at the last Trial alledged it had once been an Overshot-Mill and so did not want these Ditches and Ponds to hold and keep Water to drive it withal and the better to make that out some Deeds were then given 〈◊〉 Evidence with Stile and Titles before them which were not in use at the time of the date of those Deeds and so they were not believed when produced nor indeed is it sense in any sort to imagine that an Overshot-Mill there being no Water would drive one could in Nature have ever been there And yet Lady Ivy again would pretend to this Land Eastward of Foxes Lane as parcel of Wapping Marsh notwithstanding all this and a Verdict against her at a Trial in 1684. before the Right Honourable George Lord Jeffreyes Baron of Wemme the present Lord Chancellour then Lord Chief Justice of England and what was 〈◊〉 said then and may well be so again against her new found Deeds the finder of which as perjured has already been Pillory'd for it and notwithstanding that her Grandfather Iohn Stepkins Esq 16 Aug. 1615. did ●●mise to one Cayford the three parcels of Marsh lying next to and Westward of Foxes Lane which is held by 〈◊〉 Lease till this day and therein says that it lies at the East end of Wapping Marsh next towards Ratcliff ●●●tting Eastward on the old Wall which divided the same from the Mill-Ditch which lay just East of Foxes L●●e And the Michaelmas-Term following the said Iohn Stepkins suffered a Non-suit in the King's-Bench after 〈◊〉 Ejectment by him brought against the Dean's Lessee for part only of Wall-Marsh-Wall which he said was encroched on the Marsh. And In 1617. the said Stepkins Claiming again the same thing a Verdict on a full Hearing and after a View was in the Common Pleas given against him and allowing the whole Wall to belong to the Dean of St. Paul's And notwithstanding that her