should be brought in the Officers Custody L. C. I. Read it de bene esse let us see what it is Mr. Att. Gen. My Lord I would ask Mr. Sutton was not this produced and read before the the Trial in Michaelmas Term last Sutton It was produced in Court Twelve years ago Mr. Sol. Gen. Was it allowed as Evidence Sutton Yes constantly Mr. Att. Gen. Pray read it Mr. Williams Pray who has had it in keeping all this while Sutton My Lady Ivy brought it to me among her Writings at first L.C.I. Read it Clerk The Verdict and Presentment of us the Jurors as well of all Defects Annoyances within the Limits or Bounds of Wapping and Wapping Marsh from Grash Mill to the Mill at Ratcliff that is to say the 20 th of December Anno Dom. 1572. and in the 14 th year of the Queens Majesties Reign that now is The Names of the Free-holders within Wapping Marsh and the Number of Acres contained within the same Marsh with all the Names of the Occupiers thereof First Iohn Stepkin Gent. Freeholder for a parcel containing Twenty two Acres in the Tenure of Richard Ew Benedict Gent. Mr. Att. Gen. You may skip over a great deal and read only that which conduce to the Question Clerk No one can read it very well I think Reads On the west side of Gravel-lane containing 68 Acres Is that it Mr. Att. Gen. No go to the East side Clerk Reads Freeholders one parcel containing Ten Acres in the Tenure of Iohn Hodges and Iohn Gee Iohn Stepkin Gent. Two Parcels containing 20 Acres in the Tenure of Iohn Cooper and Iohn Harding Iohn Stepkin Gent. One Parcel containing Four Acres in the Tenure of Iohn Stepkin One Parcel Containing Twelve Acres in the Tenure of Iohn Roger Iames Freeholder Two Parcels containing Six Acres Robert Hemmings and Iohn Stepkin One Parcel containing One Acre and an half Richard Roper One Parcel containing Six Acres in the Tenure of Rechard Roper All which Parcels be on the East Part of Gravel-lane containing Sixty Acres Then here is somewhat interlined and struck out again Mr. Williams This doth not concern the Church Mr. Att. Gen. No more it doth not as you say indeed for they cannot claim any of the Marsh. Now we shall shew a Warrant Three Years after from the Commissioners to survey Clerk Reads This is dated the 18th of Iuly in the 17th Year of the most prosperous Reign of our Sovereign Lady Elizabeth by the Grace of God c. And it is directed To our well-beloved John Stepkin and John Osborn Surveyors Whereas The Queen's Majesty by a Commission of Sewers bearing Date the 23th Day of April in the Year of her Reign hath authorized us to survey and view from Buttolphs-Wharf by St. Katharines near the Tower of London unto Ratcliff-mill not only to consider of the Decays and Ruines of the same but also to take order for the speedy repairing as to our Discretions shall seem good We therefore sufficiently informed of your Wisdom and Discretion appoint you Surveyors willing and commanding you by vertue of the said Commission to see whether the Work be accomplished according to such Ordinances and Decrees as we have appointed and from time to time shall make and appoint and to see who we have made Expenditor for such Sums of Money for the Payment of Workmen may by your Warrant be disbursed and payed accordingly and further we give you Power and Authority to give to provide for a competent and Salary at reasonable Prices all Workmen Boats Lighters Carts Carriages Trees Pales as to your good Discretion shall seem meet and for your so doing this shall be your sufficient Warrant Mr. Att. Gen. We shall now go a Step farther as I opened in the beginning and shew that this was mortgaged by Stepkins to the Queen and a fine was levied upon that Mortgage Clerk Reads This Indenture made the 4th Day of Iune in the 15th Year of the Reign of our Sovereign Lady Elizabeth c. Between the Right Honourable Sir William Cecil Knight Lord Burleigh and Lord High Treasurer of England the Right Honourable and one of her Highness's most Honourable privy Council Sir Gilbert Gerard Knight her Majesty's Attorney General for and on the Behalf of the Queen's Majesty and to her use of the one Party and Iohn Stepkin Whereas William Pat one of the Tellers at and upon the Determination of his Account made and ended at the 25th Day of December is indebted in the Summ of 7928 l. 7 s. and 11 d. ob And whereas our said Sovereign Lady the Queen the 16th Day of Iune in the 9th Year of her Reign hath commanded the said Sir Will. Cecil Sir Gilbert Gerard and Sir Thomas Bromley to take order from time to time with so many of the Debts owing or that after should be owing and for the sure Payment and Contentation of the said Summ of 7928 l. 7 s. 11 d. ob Covenanteth with them the said that he the said Iohn Stepkin his Heirs Executors shall and will not only saisfie and pay the said Summ into the Receipt aforesaid but also for the better Settlement shall and will make and cause to be made by one Fine in good Form of Law of and in one Close within the Parish Mannor of Yewel and one great Garden And of and in one Tenement with the Appurtenances in now in the occupation of Iohn Stout and 19 Acres of Meadow in Wapping-marsh Parcel of the said Mannor Richard Roper Mr. Attorn Gen. Where is the Copy of the Fine Sutton Here. Clerk Reads This is the Final Concord c. Mens Mich. 14 Eliz. Mr. Sol. Gen. This was afterwards regranted from the Crown and there is the Regrant Which being under the great Seal and Tested 6 Iulii Anno 7. Iacobi Rex was read Mr. Att. Gen. Part of this Marsh was by our Ancestor conveyed to one East L. C. I. Ay I have the Note of such a Conveyance in my Notes of the last Tryal Mr. Att. Gen. Mr. Sutton is that a true Copy Sutton Yes it is Mr. Williams A Copy of what where did you examine it Sir Sutton At the Roles-Chappel Mr. Att. Gen. It is a Deed enrolled and I hope you do not think the Record is forged Mr. Williams Mr. Williams I know not what you forge or do not forge pray read it let us see what it is The Copy of a Deed enroled dated 27 July 3 Eliz. was read L. C. I. Then the next thing that you produced was a Bond dated the 25th of Ianuary 4 Eliz. wherein Stepkins was bound to Spinola who was Administrator of Vivold and Salvago upon the Recognizance of Hill to them Mr. Att. Gen. We did so my Lord but that we cannot now readily find I think here however is Spinola's Discharge Clerk This is Signed by me Benedict Spinola and Dated the 25th of Feb. 1561. Mr. Att. Gen. Here is the Bond read the Condition of it though it
THE Famous Tryal in B.R. BETWEEN THOMAS NEALE Esq AND THE Late Lady Theadosia Ivy. The 4th of Iune 1684. BEFORE The RIGHT HONOURABLE THE Late Lord Jeffreys Lord Chief Justice of ENGLAND For PART of SHADWELL IN THE County of MIDDLESEX AS ALSO The Title of the Creditors of Sir Anthony Bateman and the Heirs of Whichcott compared with that of the Lady Ivy to certain Lands in WAPPING TOGETHER WITH A Pamphlet heretofore writ and set out by Sir Thomas Ivy her Husband Himself and here now Reprinted again In Perpetuam Rei Memoriam Printed in the Year 1696. TO THE READER THE late Lady Ivy so many Years famous for Wit Beauty and Cunning in Law above any being so Unfortunate in the Year 1684. in a Tryal between Thomas Neale Esq and her Ladyship before the then Lord Chief Justice Ieffryes to have the Deeds by her then produced not believed such of her Heirs and Executors as have not renounced which some of them have the having any thing to do with her Title as well in Vindication of her Ladyships Honour as of the Integrity of such Council and Attorneys as then were imployed in the Cause in Case they should be so again do give out of late that though she and they then were so cruelly baffled they however will try for 't again Now for the Honour of both Judges and Jury before whom that Cause was then tryed and for the Benefit of the Free-holders of Middlesex whose Estates may be possibly subject to be claimed by Deeds left by her Ladyship she having often declared she had Title to many more Houses and Lands than she in her Life time had sued for as also for the Satisfaction of such as are in the least desirous to know the Truth of this Matter The following Tryal is Printed with a Map of the Land then tryed for being about seven Acres in Shadwell in the County of Middlesex of which the Lady Ivy by a Verdict the Michaelmas Term before had got the Possession The State of the Question being whither the said seven Acres was part of the ancient Inheritance of the Dean of St. Pauls London to whom the said Mr. Neale was Lessee and so now the Lessor of the Plaintiff or part of Wapping-Marsh that had been dreined by one Vanderdelf and after sold to the Stepkinses under whom Lady Ivy did claim As likewise is with it reprinted Three or Four Sheets of Paper writ in the Year 1687. comparing the Lady Ivy's Title with that of the Creditors of Sir Anthony Bateman and the Heirs of Witchcutt for Lands in Wapping with a Map thereof as it now lies most plain and exactly agreeing with the Boundaries mentioned in the old Deeds on Record by which alone and no other they claim and now are possest of the same To which also is added a Pamphlet entituled Allimony Arraigned writ by Sir Thomas Ivy her Husband himself Reprinted herewith to make the Book sell the better and to the longer perpetuate so true and diverting a Story The CONTENTS THE Dean of St. Pauls Title from pag. 1 to pag. 4 Lady Ivies Title from pag. 4 to 22 Knowles Examined about finding Deeds for Lady Ivy p. 7 Swears he found out one Deed by what was Writ on the Outside and nothing was Writ on it p. 8 Swears he found another Deed by seeing Marcellus Hall's Name Writ on the Outside which Writing after appeared to be writ by Sutton Lady Ivies Attorney p. 9 The Survey of Stepney produced for and by Lady Ivy but proved otherwise p. 12 Banister Lady Ivyes Rent-gatherer Examined to the finding a Deed in Knowles's House to which he had set his Hand and swears he found it there p. 15 But it proved the Purchase Deed and so that could not be p. 16 Banister and Knowles swear contrary to each other p. 17 A Commission of Sewers produced but not by the proper Officer p. 23 The Overshot-Mill pretended to by Lady Ivyes own Witnesses made appear to be a Tide-Mill p. 26 Mrs. Barefoot a through paced Witness sworn and other Witnesses of Lady Ivyes p. 29 to 32 The Plaintiffs Reply p. 32 Foxes-lane proved the Boundary 'twixt the Deans Land and Wapping-Marsh by Mar and Leyburn the Surveyers proved 130 Acres West of Foxes-Lane p. 37 The Forgery opened and proved by the Style of the Deeds themselves by Styles in the Acts of Parliament and Fines of that time p. 38 Sir Charles Cotterell sworn p. 39 Sir Charles tells the story of Lady Ivyes forging a Mortgage of 1500 l. from Sir William Salkeild and how Mr. Duffett was privy to it and how Mr. Sutton was so concern'd in it that L.C.J. said it smelt rank of a Knave how Lady Ivy did relinquish this Mortgage but afterwards writ Duffett word she would set it up again and that he should have half of what she Recovered p. 40 Lady Ivy frets at Sir Charles Cotterell's Evidence p. 41 Mrs. Duffett Lady Salthills Daughter and Widow to Mr. Duffett who was reputed to forge for Lady Ivy being sworn swears she saw her Husband forge several Deeds for Lady Ivy. 1st a Bond of 1000 l. from Sir Tho. Ivy. 2d Several Letters 3d. She seeing him writing a Parchment she asked him what 't was and was answered he was Counterfeiting one Glovers Lease by which Lady Ivy would get many hundreds of Pounds and that he should get 500 l. 4th the aforesaid 1500 l. Mortgage Lady Ivy and Mr. Duffett agreed to make in my Sight Lady Ivy directing what Ink to use to make it look Old that Mr. Sutton was lett in when Mr. Duffett was counterfeiting for Lady Ivy and how they rub'd the Deeds on dirty Windows and wore them in their Pockets and laid them out in Balconies and shriveled them before the Fire or in the Sun to make them look Old p. 41 200 l. of the Money borrowed of Sir Charles Cotterel at one time given to Mr. Duffett and as much to Mr. Sutton Mrs. Eliz. Riccord Sworn produced Lady Ivy's own Letters left with her by Mr. Duffett to whom they were writ in one of which she tells him she intends to set Sir William Salthill's Mortgages on foot again and as her Husband promised him he should have half and two Bottles of Ink out of which she saw Mr. Duffett write for Lady Ivy what he said was forged and said that with Ink out of these Bottles he could make new writter Writings look old very soon p. 42 Here the Plaintiff ended and then follows Mr. Attorney General 's Arguments to palliate the Forgeries p. 43 Mr. Sollicitor Geneneral endeavours but to no purpose to make them not believed Forged p. 44 Mr. Solicitor General pressing that for Evidence very hard the Lord Chief Iustice would not admit p. 45 Mr. Attorney and Mr. Sollicitor say all they can for Lady Ivy p. 45 Then follows the Lord Chief Iustices Speech wherein he incomparably Summs up the whole Evidence p. 46 His Lordship speaks of the
Lease made to Roper For Marcellus Hall after he had taken this long Lease from Stepkins 30 Nov. 2 3 Phil. Mar. doth demise the Land in Question to Richard Roper for Twenty Four Years And we shall shew that in all the Queen's Time Roper was Tenant Then Iasper Hill who was the Heir of Richard Hill in 12 Nov. 5 6 Ph. M. by Deed and afterwards 3 Eliz. by Fine and common Recovery conveys all these Lands particularly by Name and releaseth them to Iohn and Macheline Stepkin and the Heirs of Iohn and so lodged the Inheritance in the Stepkinses all but that which was thus out in a long Lease to Marcellus Hall We shall prove that before Richard Hill died he entred into a Statute to Vivold and Salvago for a great Sum of Money and this Statute comes to be extended 3 Eliz. and there this Land notwithstanding these Leases are siezed and extended as Hill's Lands We shall shew all this Land upon a Commission of Sewers had a Survey taken of it When we have shewn all these Records and proved that this is Marsh Ground and not a Witness of theirs but must acknowledge it to be Marsh Ground for that place of Foxes-Lane was raised at least Nine Foot and so proportionably was the rest of the Ground And it appears at this day that upon a high Tide all their Sellars are overflown I think then you will make no doubt whether this be our Land or no and to proceed in this Order that I have opened we will first shew you the Survey There was one thing I forgot about the Eleven Acres Mr. Serj. Stringer What is it you read first Sir L. C. I. What do you begin with Mr. Attorney Mr. Att. Gen. Your Lordship observes they shew a Lease from Dean Fecknam the 10 Dec. 2 3. of Ph. M. Now on the 22. Dec. in the same Year we shall shew Marcellus Hall by Lease to Carter butts it upon the East side of the Mill. L. C. I. I took Notes the last time of your Evidence and it began in H. 8 time Mr. Att. Gen. My Lord when we come to our Title we shall go on in the same Method we did then but now we are only shewing where the Lands are L. C. I. Go your own way Clerk Reads This Indenture made the 22th day of December in the Second and Third 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 Cicilies Ierusalem and Ireland Defenders of the Faith Arch-Dukes of Austria Dukes of Burgundy Millain and Brabant Counts of Haspurg Flanders and Tyroll between Marcellus Hall of Ratcliff Miller of the one Part and Iohn Carter of Ratcliff Oar-maker of Stebunheath of the other Part Witnesseth That the said Marcellus Hall hath Demised Granted and to Farm Lett unto the said Iohn Carter that his Wharf lying in Ratcliff where late the Mill stood called Ratcliff Mill adjoyning on the West upon the East side of the Mill Ditch alias Mill Dam reaching from thence Eastward 30 Foot and from the North-east Corner of the said Mill-Dam Southward to the River of Thames 20 Foot to have and to hold all and whole the said Wharf as is before specified with all Commodities and Profits belonging to the same to the said Iohn Carter to his Heirs Executors and Assigns from the Feast of St. Mary the Virgin immediately following the Date of these Presents until the End and Term of 30 Years L. C. I. This Lease was Read the last time Mr. Serj. Stringer Yes it was so my Lord. Clerk Reads to be fully compleat and ended yielding and paying therefore for the same unto the said Marcellus Hall his Heirs Executors and Assigns Ten Shillings of lawful Money of England yearly that is to say at the Feast of the Annunciation of St. Mary the Virgin And if it happen the said Rent to be behind and unpaid at the said Feast in part or in all by the space of one Fortnight and lawfully asked of the said Iohn Carter his Executors and Assigns then it shall be lawful to the said Marcellus Hall his Heirs Executors and Assigns to Distrain for his said Rent so being behind and the Distress so taken to keep until such time as the said Rent with the Arrearages be fully satisfied and paid L. C. I. For how many Years is that Mr. Att. Gen. Thirty Years L. C. I. What is demised by this Lease Mr. Att. Gen. Read the particulars agen Sir I. Trevor My Lord we would gladly know where they had this Lease that so it may appear whence it came for we know they have an excellent Art at finding out of Deeds L. C. I. Ay come shew where you had it Let me see it Mr. Att. Gen. We did produce it at the last Tryal and at the first too L. C. I. But that this Jury knows nothing of and they call for some account of it on the other side Mr. Att. Gen. Mr. Knowles do you know any thing of that Deed When did you first see it Mr. Williams And where had you it Knowles My Lord I had it in a Garrot in a kind of a Nook about six Foot long and three Foot and an half wide in my own House in the Garrot among other Writings L. C. I. How came you to have them Knowles As I was Executor to Winterburn Mr. Powis Pray Mr. Knowles will you tell upon what occasion you looked there and found them Mr. Serj. Pemb. Ay pray give an Account of the whole Knowles My Lord upon the Second of August 1682. was the first time I ever saw my Lady Ivy to my Knowledge and she was informed by one Mr. Viccarer that I had several Writings of Winterburn's I told her I had so and my Lady desired me to search among them if there were any Writings that concerned Stepkins's Estate I told her it would take up a Months time to look them all over for there was a great Quantity of them She said I would do her a great kindness if I would look I promised her I would and upon the Fourth of September I think I found the Deed. L. C. I. How was Winterburn concerned Mr. Att. Gen. They have shewn that he was owner of the Land once Mr. Williams Did you ever read over that Lease L. C. I. I ask you again how was Winterburn concerned Knowles He was Partner with Wright who sold the Estate to Mr. Neale Mr. Soll. Gen. Wright sold to Neale Winterburn died and this Man was his Executor and so he came to the Writings Mr. Att. Gen. But pray Mr. Knowles tell us were these Writings ever shewn to Mr. Neale Knowles In the year 1669. when Mr. Neale bought this Estate of my Uncle Wright the Writings were all to be looked over and upon Mr. Neale's request all the Writings were sent to his Council a Gentleman in Grays-Inn one Cage I
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
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-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.
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
them and then found the places where the Lands lay L. C. I. Thou hast had a fair time to consider of that Deed canst thou see here to what place that Deed relates by this mark Banister I cannot find the date of the Deed in my paper L. C. I. But where do you think you did put your name to that Deed Banister I cannot tell whether I did it at that time or no but this is my Name L. C. I. I know thy Name is there man I read it two hours ago but did you put your hand to that as one of the Deeds that you found in September 1682. when you were at Mr. Knowles's or not Banister I cannot tell L. C. I. Dost thou believe thou didst not Banister I cannot tell Banister I cannot tell L. C. I. Canst thou tell the reason why thou didst set thy hand to it Banister Certainly because I was at the finding of it I know no otherwise Mr. S. Pemberton Now pray look upon this Deed shewing him another and see whether that be your Name or not Banister Yes my Lord I will Mr. S. Pemberton Is that your Name Banister Yes it is this is one of the Deeds that was found at Mr. Knowles's Mr. S. Pemberton You said so as to the other too Mr. Att. Gen. But he was not so positive in it Banister This is Rat-eaten and so I know it again and there is a Rat-eaten Deed set down in my paper L. C. I. Lethim be as positive as he will he has been forsworn five times Mr. Sol. Gen. He was confounded with a mistake of the Deeds he having set his hand to so many L. C. I. They are Perjured both of them plainly that is the truth of the matter Mr. Att. Gen. I hope the folly of our Witnesses in such Circumstances shall not rob us of our own Land and that it appears to be plainly L. C. I. God forbid but you should have your own Land but by the grace of God if I can help it you shall never have a foot of Land by Forswearing and Perjury Mr. Williams When did you find that Deed Banister The 16 th of September Mr. Williams Where Banister In the Garret at Mr. Knowles's Mr. Williams Are you sure of it Banister Yes I am sure of that Deed because it is Rat-eaten Mr. Williams Knowles Pray do you look upon it what say you to that Deed Knowles This is my hand and this is one of the Deeds that was found there at that time Mr. Williams Pray read the Date of that Deed there Clerk Reads This Indenture made the Thirteenth day of November in the 2 d. and 3 d. Years of Philip and Mary Mr. S. Pemberton That is a Deed from Marcellus Hall to Roper how should that come to be at Knowles's L. C. I. They have sworn it Mr. Att. Gen. They go about to blemish our Deeds by the Folly of our Witnesses which we cannot help We however leave the Deeds to the Jury and let them see if those Seals and other things look like counterfeit L. C. I. Well go on the Jury will have the Deeds with them Mr. Att. Gen. My Lord we did before produce a Conveyance from Richard Hill to Stepkins It rested not there that Conveyance had no legal Execution thereupon there was a Fine and Recovery by the Heir of Hill and what was the Occasion of that will appear by the Deed. Clerk Reads This Indenture made the Twelfth day of November in the First and Sixth Years of the Reigns of our Sovereign 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 Archdukes of Austria Dukes of Burgundy Millain and Brabant Counties of Haspurg Flanders and Tyrol Between Iasper Hill Son and Heir of Richard Hill late Citizen and Mercer of London of the one Party and Macheline Stepkins late Wife and Executrix of the last Will and Testament of Thomas Stepkin and Iohn Stepkin Son and Heir apparent of the said Thomas of the other Party witnesseth that whereas the said Richard Hill Father of the said Iasper amounting in the whole to the Summ of 2000 by the said Macheline And where variance concerning all that Parcel of Marsh-Land unto St. Katherines which the said Richard Hill bought of Cornelius Vanderdelf for the assuring all that Wapping-Marsh the said Richard Hill stands Bound in an Obligation of which Condition that he should make by a certain Day a good sure sufficient indefeasible of and in all those Parcels of Marsh-land lying in Wapping-marsh that is to say all that with Six Acres of Marsh now in the Tenure or Occupation of one Knevett or his Assignes and all those lying in the East and in the Tenure of one Miller that is to say all the Bank containing by estimation three Acres and an half and all those next adjoining by Measure six Acres or more and two Acres by Estimation of Measure lying in the Bottom of the Lynches and reacheth from the Lynches to the Island by the Pond and also all that Parcel divided into twain six Acres and also that holds in his own Hands that is to say all that Parcel with the Island and Pond containing by Estimation of Measure five Acres and of and in all those Parcels lying on the West side of the Pond containing in the whole sixteen Acres by Measure all which said 16 Acres to Gravel-Lane the said Richard Hill had in his own Occupation reaching to Gravel-Lane sometime plowed and sown by one Richard Clayton and now in the Occupation of one Cooper Butcher and lying on the East side of Gravel-lane towards London Fields which was conveyed to him from one Richard Tyrrell and also all that Marsh in the Tenure of one Clayton Butcher one William Cound Butcher seventeen Acres and of Edward Ash four Acres and also all the Lands Tenements Rents Houses Ponds Fishings Mills to the Low Water-mark of the River of Thames and all Trees For the appeasing all Variances and Suits the said Parties to this Indenture have fully condescended and agreed in Form following that is to say the said Iasper Hill for the Sum of 1200 l. of lawful Money of England in which he acknowledgeth himself to be truly indebted to the said Marcheline and Iohn Stepkin doth give grant bargain sell to the said Marcheline and Iohn Stepkin all the said Marsh-ground lying in Wapping-marsh with all manner of Lands Tenements Forelands Ways Trees to the Low Water-mark with the Appurtenances lying and being in without or elsewhere within the Parishes their Heirs and Assignes for ever all the Right Title together with all Evidences and Writings discharged of all former Charges Incumberances by the said Iasper Hill Mr. Att. Gen. Next we shall shew that Marcellus Hall that had this long Lease and had demised the seven Acres down from Shadwell to Roper doth on the 14th of Nov. in the 5th and 6th Years
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
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 â—here the Ditches and Ponds were 8 or 10 foot higher than the Lands Westward of Foxes Lane which are alâ—â—â—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 â—â—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 â—â—â—tting Eastward on the old Wall which divided the same from the Mill-Ditch which lay just East of Foxes Lâ—â—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
sort of Pretence And that The Title whereby Lady Ivy Claims in particular any of the aforesaid Lands and whereby she both Got and does Hold the same is by Deeds not only not on Record but most of them such as first have been Lost and then Found and that are liable to more Exceptions by many then are herein before exprest which will be made use of against them when occasion shall serve FINIS Alimony Arraignd OR THE REMONSTRANCE AND HUMBLE APPEAL OF Thomas Ivie Esq From the High Court of CHANCERY TO His Highness the LORD PROTECTOR of the Commonwealth of England Scotland and Ireland c. WHEREIN Are set forth the unheard-of Practices and Villanies of Lewd and Defamed Women in Order to separate Man and Wife LONDON Reprinted in the Year 1696. The Humble Appeal and Remonstrance of THOMAS IVIE Esq To His Highness the Lord Protector c. HAD it not pleased the Lord to bear up my Fainting Spirit with more than an ordinary Confidence that the Deliverance of his People was nigh at hand and that he would put a stop to the Violent Passions of Oppressing Men I had undoubtedly sunk under those abominable Scandals and Aspersions which have been cast like Dirt about the Streets upon me by my Wife and her Abettors But certainly the Day of our Deliverance is already dawn'd and we are in some measure assur'd that Iustice and Righteousness is already broke forth and that the Abominations of the Wicked shall be no more clothed with Authority but whatsoever is a Lie shall be made manifest and confounded As our Eyes are therefore on the Lord as the supreme Fountain of all Goodness so we trust that the Declaration of his Will shall be made out by Your Highness being chosen by Himself in an extraordinary manner and by a wonderful Series of Providences to this very end to execute Righteousness and Judgment for his People that are oppressed amongst us And that your Highness will put on Bowels of Compassion for the Afflictions of Men in Misery who pour out their Complaints and Grievances before you With this Confidence I appeal from the Chancery unto your Highness being unable to endure any longer either the Expences or Delays of that Court or indeed the Justice which is there distributed For besides the hazarding of that which is better than a precious Ointment much of my Estate hath been consumed and great Debts contracted by reason of my attendance upon these unnatural Differences which have been fomented between my self and my seduced Wife much of it torn away by Violence under a Pretence of Alimony for her to whom I never denied or refused any thing whatsoever And that which remaineth is daily so molested with Creditors that I now may most truly take upon me the Expression of Iob I once had Riches but now have none And unless it will please your Highness to afford a speedy Redress I shall hardly enjoy long my Liberty also I will not say any thing of those sad and dismal Thoughts which have been continually in my Mind those hideous Temptations which have been hourly grating and gnawing my very Soul During this sad Condition 't is the Voice of the Lord only can speak Peace unto my Spirit whose Name be blessed for those sweet and refreshing Experiences with which he hath supported me in this fiery Trial but I shall open unto your Highness as unto a good Samaritan the Wounds of my Body and Fortune and briefly present a Narrative of the whole Matter concerning my self and Wife and how it hath been transacted in the Chancery That so I may with the more Confidence expect a Cure proportionable to my Disease and that your Highness's Judgment may be as well grounded upon Knowledge as my Suffering upon Experience Having faithfully discharged the Trust that was reposed in me by the honourable East-India Company as their chief Agent at Madrassopotan where I had not only the Command of the Persons of Thousands of People but also the Fort of St. George and Town of Madrassopotan And having made a thorough Reformation of the grand Abuses which had crept into those parts to the great Injury of the Trade and erected them a Town by my own Pains and Industry even out of the Sea it self for the better Advantage and Security of it I resolved with my self though I was often perswaded by the said Company to continue longer my Charge to return into my Country where I had left the near Relation of a Wife behind me And by how much the more that Reciprocal Happiness which we enjoyed together did revive the more enflam'd were my Desires for a Return But I had no sooner arrived in England but the first News almost that was brought me was the Death of my Wife in her very Journey to meet me This was the first Tryal which the Lord laid upon me But as he corrected so he gave me Patience and Submission to his Will in it neither were Friends wanting to endeavour a Belief in me that as the Lord had taken one Wife from my Bosom so he could bestow another After many several Days and Months thus spent in Melancholy and willing to inure my self to the Condition I enjoyed when I left England I was perswaded to address my self to one Mrs. Garret a Widow and Daughter of Mr. Stepkins who was represented unto me to be as beautiful in Mind as in Person And though her Husband had left her nothing yet was I not deterr'd by this to forbear my Sute supposing what was wanting in Fortune would be made up in Affection and Sweetness towards me Hereupon in short about October 1649. a Marriage was had and concluded between us and that I might give the best demonstration what a high value I put upon her I setled for her Joynture 1000 l. per ann and Covenanted with her Trustees to leave her at the time of my Death 1000 l. also in ready money Her Father now taking notice of this cordial and affectionate dealing of mine with his Daughter made in short this Proposition unto me That if I would give him the said Stepkins 1000 l. more and deliver forthwith unto his said Daughter as many Jewels as might be worth at least 1200 l. that then he would settle his Estate at Wapping being 240 l. per Ann. upon me for my life and after my decease to my Wife And in case we had Issue then to them and in case we had no issue then to the Heirs general of the said Stepkins or such as he the said Stepkins should limit and appoint To which I returned as short an answer and told him I would immediately perform his demand Whereupon I did deposite 1000 l. in money and 1200 l. in Jewels and all the aforesaid agreements and settlements were Indented in Parchment and legally executed accordingly as may appear from the Deeds themselves proved by two Testimonies in Chancery to which I refer my self I make no mention what
not be pleased to take this as a sad Farewel from thy London 17 March 1650. Most Affectionate Husband Thomas Ivie And immediately after my Arrival at Malmsbury as soon as I had accommodated my House I sent her this Letter Most dear Heart YOV cannot but be sensible of my sad condition and necessity at London by reason of my Discontents and great sums of Mony which I do owe and have not wherewithal to satisfie my Creditors for had I stayed longer I must of necessity have been carryed to Prison or at least to my Grave For I was so much troubled and grieved in mind as your unkindness and want of Money that I thought my heart would have broken which so transported me that I knew not what I did when I left you Yet notwithstanding your unkindness to me if you can borrow 30 l. of any Friend of ours to supply your present occasions I will see it satisfied if not I shall willingly consent that you pawn some of your Iewels for so much money and when the India ships come home God willing I shall redeem them for you again and when I have paid my Debts you shall command me and my Estate which shall be at your disposure I should rejoyce to see you and my Father Stepkins here Therefore Dear Heart when you have a mind to come unto me advise me and I shall wait upon you to bring you down And when you are weary of my Company and Entertainment in the Country where my self and all that I have shall be at your Disposure I shall when you please return again with you to London and ever remain Malmsbury 24 March 1650. Your most affectionate Husband Thomas Ivie Instead of a Complying Answer which I expected for We cannot easily despair of Things We passionately desire I received this Summons from the Lords Commissioners of the Great Seal to appear before them WHereas Theodosia your Wife hath on this present day preferred her humble Petition unto us the Lords Commissioners of the Great Seal of England thereby praying Allowance of Alimony as by her said Petition remaining with us doth appear we do at her instance give you Notice thereof Requiring you hereby to make your personal appearance before Vs on the thirteenth day of this Instant to speak with Vs about the same Middle Temple the 11 day of April 1651. Richard Keeble John Lisle Immediately laying aside all my Business as fast as Passions and Spurs could quicken I repaired to the Chancery where I found to my great astonishment this false and scandalous Libel under the Title of a Petition for Alimony preferred against me The humble Petition of Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant THat She being the Daughter of John Stepkins Esq and married to the Defendant who hath without any cause given him not only diserted her Company but left her destitute of all manner of Means for her Livelihood and Subsistence And that during the time she cohabited with him she hath not only been in great Danger of her Life by his Cruel Vsages and unjust contrivances but by some means occasioned by the Defendant she hath been very Weak and Infirm And hath received from him such Infirmities not becoming a Husband to confer on his Wife And that by reason of his said cruelties and the peril of receiving from him Diseases of Dangerous Consequence she could not cohabit with him as his Wife without eminent peril of her Life And the Defendant was not only departed from her but utterly denied to allow her any convenient Support And that for meer necessity she had contracted some small debts And therefore she prayed the speedy Aid of the Court And that They would summon the Defendant before Them that upon hearing her just Complaints she might be relieved and have such fitting Allowance by way of Alimony granted to her as to the Court should seem meet And that for the present she may have some convenient Allowance for Expences in this Suit she being otherwise unable to proceed therein To which having sought Patience from above I returned this Answer That 't is true he Married the Plaintiff and hath ever since used her with the Respects of an affectionate Husband to a loving Wife and neither hath nor did intend to desert her Company but much desires it if he may find respectful carriage from her and is so far from leaving her destitute of all means that since his Marriage which was not then above eighteen Months he had furnished her with Jewels and Pearl to the value of 1200 l. besides Apparel which cost him above 200 l. All which Pearl and Jewels she had in her Possession in March then last past when the Defendant went to his dwelling-house in Wiltshire at which time he not only sollicited her to go and dwell with him but promised her upon the Enjoyment of her in the Country to resign both himself and his Estate to her Commands and Disposal That he hath likewise paid her Father 1000 l. for which he should have setled upon the Defendant some Estate of Inheritance for her Portion which is all the Fortune he ever expected with her whereof he hath not received the value of one penny That he allowed her for Clothes Mony and otherwise for her use above 800 l. And during the time he hath lived with her he hath spent in Housholdstuff House-rent and House-keeping 2870 l. so that in eighteen Months he hath spent with her 6000 l. And this he mentions not as if he repented of his Kindness to her but to evidence to their Lordships that there is no just cause of Complaint against him for not allowing her maintenance That he never acted any thing of Danger or Cruelty or that might occasion any infirmity to her nor was there ever any Disagreement or any Cause why she should separate from him But her desire was to live in London a place neither agreeable to the Defendants health or Estate He having already by reason thereof contracted many Debts And confesseth that having by consent of her Father and her self bought an Estate in Wiltshire situate in a healthful air and a place of much conveniency delight and profit He hath many times by Letters in Person and by Friends earnestly desired her to live with him at his said House in the Country where she shall want for nothing in his power for her use and conveniency and care shall be taken for her accomodation for her Journey wherein he hopes yet to prevail that they may mutually enjoy the Comfort of each other which he much thirsteth after and is not little grieved there should be any Question of it That he took such Order presently after his going into the Country whereby the Plaintiff was supplyed with monies for her present occasions and presumes the foul scandals suggested in the Petition are well known to the Plaintiff to have so little colour of Truth in them as he hopes the same were put
but whether it be just and righteous I submit to your Breast and that is thus That although it was Convenanted between Mr. Stepkins and my Trustees that in case I did not perform all the Covenants to which I had obliged my self then was the said Estate of 240 l. to go to the use of the right Heirs of the said Stepkins until such time as I should perform By virtue of this Clause did young Stepkins lay claim to the said Estate Yet say the Commissioners that Mr. Stepkins the Father Who had reserved unto himself the Remainder of the said Limitation to me and my Wife made a Will and by that Will had acquitted me from any further Performance insomuch that the Estate was now totally belonging unto me This I believe my Wife told them and peradventure shewed them such a Will and this is their Ground But by their leave I cannot think till such a Will be legally proved That it can be any Ground for them to give away the Estate in such manner as they have upon a bare suggestion of one Party for whose interest and profit it was Certainly had they been as conscientions Judges as they are Judges of Conscience they would have first caused her to prove the said Will which then had clear'd the Estate from the claim of my Brother Stepkins and saved me the expences of some Suits in Chancery for no other end than to get the Will produced which to this day I am not able to do Notwithstanding I have a Bill of Complaint depending before them for that purpose Nevertheless all these discouragements it pleased the Lord to give me a proportionable measure of Patience to submit unto his correcting hand and in the most sore Afflictions which I have undergone he hath not with-held his loving kindnesses from me nor the sweetness of his refreshing Spirit though many Oppressions and Grievances were daily multipled and many new Suits at Law were let on foot against me by my Wives means who now seemed justified by them and my self vilified and undervalued Yet was I not clamorous at their Bar neither was I ever admitted to any private Speeches with them or indeed did ever seek it being confident that my cause wanted the Protection of Justice only and not favour but waited still expecting when they would put their good Promise in Execution and send for us and endeavour a cordial Reconciliation between us But after two months were expired and hearing nothing from them to that purpose though many several Friends of Quality had moved them thereunto I addressed my self with an humble Petition for a hearing After it was read they appointed a day though it was somewhat far off yet it did abundantly revive me hoping that that day would be the end of my trouble and that then my Reputation and Estate might be repaired my Person freed from the continual molestation of Catchpoles And my Wife her self whom I had perfectly forgiven restored unto my Bosom The Order which the Lords made in Answer to my Petition was this Saturday 29th of April 1653. Between Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant UPon the Defendants Humble Petition this day preferred to the Right Honourable the Lords Commissioners for the Great Seal of England shewing That in the unhappy difference fomented by evil persons between the said Parties and the said Plaintiff hath petitioned their Lordships for Alimony being separted from her Husband without his Consent Thereby intending to live a-part by her self contrary to the Marriage Stipulation to the destruction of the mutual happy Comfort that might and ought to be between parties so nearly joyned pending with Suit Their Lordships as Iudges of good Conscience did often move her to Conformity and Reconcilement chiefly desired by the said Defendant but the Plaintiff refused And by an Order of the 24th of Iuly last their Lordships were pleased to appoint her 300 l. per Annum out of her Fathers Estate until further Order And the said Defendant being daily arrested and troubled for the said Plaintiffs Debts cannot walk the streets without molestation by the Officers and Bailiffs It was prayed That some day as soon as to their Honours shall seem meet may be appointed to hear the Defendants Reasons and the merits of the Cause why the said Order should be nulled To command the Defendant and his Wife to be personally before their Lordships at the same time so that there might be a final Conclusion of these unhappy and unnatural Differences under which the Defendant hath long groaned to his utter Ruine Their Lordships do thereupon Order that Counsel on both sides be heard in the Business the first Day of Causes in Trinity Term next Iohn Sandford Deput Regist. My Hopes and Expectations being now raised from the Dust I considered with my self how I might represent the Case between me and my Wife with the least prejudice to her For upon some Debatings about the Witnesses I had examined against her I found the Breach still made wider by her Lawyers aggravations than it was really in it self what was but a scar they would tear open into a wound nay they preferr'd a seeming Rhetorick so far before a Christianity that rather than they would exasperate they would speak Point Blank to the very Papers they held in their hands And therefore to prevent the like Inconveniences and aiming at a perfect Reconciliation I drew up all that Counsel could be instructed in or could offer at the Bar into writing and for each Commissioner had a Paper ready to be presented as follows To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England WHereas the Daught of an Order was on Friday August the 13th made and presented unto your Honours by the Counsel of the Plaintiff and Mr. Zanchie her Sollicitor not entred into the Registers Book or drawn up by him from any Notes taken in Court or was ever perused by the Defendants Counsel before it was signed according to the Rules of the Court in which Order it was mentioned that 300 l. per Annum should be raised out of the Fathers Estate which was setled at the Marriage upon Sir John Brampston Knight Orlanlando Bridgman Esq and William Booth to uses c. and upon the reading of it it was ordered by your Lordships at the same time that unless the Defendant should shew cause at the next Privy Seal a Decree should pass accordingly And whereas it was ordered by another of August the 19th That on Tuesday following the Defendant should attend and shew Cause why the said 300 l. per Annum should not be decreed May it therefore please your Honours to consider these following Considerations which are all proved upon Oath and good Evidence wherein he hopeth it is sufficiently cleared that the Plaintiff neither ought to have any Alimony out of that which was her Fathers Estate or out of her Husbands Mrs. Ivie the Wife of Thomas Ivie suggesteth
both with the Heirs at Law the Executors of the said Will and the Trustees of the said Estate That both the Defendant and Plaintiff must necessarily be defeated of all Hopes of ever enjoying the Father's Estate for the future unless the 4000 l. aforesaid be raised and disposed of according as is limited and appointed in the Deed of Settlement or the said Will proved for in Default thereof the Trusttes are obliged by the said Indenture to settle the said Estate on the Plaintiffs Father and his Heirs for ever And the Estate is not as yet recovered by the Defendant but is still invested in the Trustees who are no Parties to these Proceedings and in the Possession of the Heir at Law Insomuch that no Alimony as the Defendant is advised by his Counsel can be ordered from hence because the Ordinance of Parliament impowereth the Lords Commissioners to allow the Maintenance out of the Husband's Estate not out of any others whatsoever And the Plaintiff hath or ought to have in her Custody 1200 l. worth of Jewels which were delivered her according to the Indenture of Settlement at the Intermarriage And in case the Defendant survive her ought to be restored to the Defendant who hath too great reason to suspect that they are wasted and embezelled and therefore the Defendant humbly beseecheth your Lordships that instead of giving her Alimony you will be pleased to force her to give good Security unto the Defendant or bring the Jewels into Court that so he may not be cheated of 1200 l. by the Plaintiff and her Abettors and unless your Honours yield to secure the said Jewels whilst this Cause depends before you he doth not conceive where or how he can be redressed from any Court of England That about the beginning of these Unhappy Differences it was proposed both by the Plaintiff and her Father that in case she might have her liberty to live where she would that she would accept of 120 l. per Annum for her Maintenance and look on it as a very good Provision which accordingly was agreed upon and drawn into Writing and Engrossed by and with the Consent of Sir Iohn Brampstone her Uncle and Orlando Bridgeman Esq two of her Trustees her Father also promising that his Estate should be setled according to the Covenants on the Defendant without further Sute of Law but the said Defendant was unwilling to Seal it being very tender to Act any thing that might separate him from the continual Enjoyment and Society of his Wife so that 300 l. per Annum is more than her self Father Trustees and Friends did think fitting by 180 l. per Annum That the Petition it self is both False and Scandalous and hath been disproved by several Witnesses nay the contrary also proved by Persons of Quality that she lived very Plentifully in great abundance rather beyond than under her Quality in every respect as the Defendant hopeth is most visible to your Honours That notwithstanding such vast Sums have been expended on her by her means and that the said Defendant is to pay to Creditors 3000 l. and to raise 4000 l. more to be secured unto the Trustees as aforesaid And that in case he recover the Plaintiffs Father's Estate 't will not with his own make above 872 l. per Annum out of which all these Moneys must be raised and in case 300 l. per Annum of this shall be taken away out of the Plaintiffs Father's Estate which he has dearly bought and purchased That 't will be impossible for the Defendant to avoid perpetual Imprisonment but must be kept in Goal and the Creditors Defrauded and must there perish and himself be cheated also of 1200 l. worth of Jewels yet he is most willing to receive her and take her again and forget all former Passages whatsoever that so they may be for the future lead a peaceable and godly Life together Counsel also I did retain very many and great ones That in Case the Lords should refuse the Papers and would not hear the Merits of the Cause in Publick in regard I might not be wanting to lose the opportunity of that Time which they had ordered for me I drew up also to be rendred at the same time that if it had been possible I might have prevented both Reading and Arguing too this short Petition following Theodosia Ivie Plaintiff Thomas Ivie Defendant To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England The Humble Petition of Thomas Ivie Defendant Sheweth THat your Petitioner with much Horror and Amazement doth consider the great unhappiness of his future life if your Lordships shall both separate him from the Society of his Wife and take from him so great a part of his Estate having such great debts to pay as have been made appear to your Lordships That he cannot Despair in the infinite Mercy of God in whose hands are the hearts and desires of all Mankind But that his Wife notwithstanding such vast sums of Money have been wasted and such odious aspersions cast on him may yet return and take Comfort from her Husband being passionately desirous to receive her if all Christian and prudent means may be applied That for your Petitioners part he doth as in the presence of God forgive her from the bottom of his Soul and is most willing to cohabit with her so long as he liveth on Earth That he hath often desired to express unto her and used all the Industry as Man can imagine but once to speak with her even before any of her Friends to let her know so much but could never obtain any such meeting from her In Order hereunto he very willing that a Godly and Conscientious Divine may be received to live in house with your Petitioner and his Wife both to exhort and instruct them in their Duties towards God and one another and to perform all Gospel and Family-Duties amongst them for certainly the Lord will not deny a Blessing on those means which he hath ordained and which is unfeignedly sought after by a broken and contrite Spirit And your Petitioner will oblige himself to allow any such Minister 50 l. per Annum besides all other conveniences whatsoever May it therefore please your Lordships not to pronounce any such hard Sentence as Separaration but rather enjoyn your Petitioner and his Wife to live together and to appoint any honest and religious Divine to live with them who may ever be at hand pray with them and for them and keep up their Spirits in Peace and Unity together August 24th 1652. And your Petitioner shall pray c. Thomas Ivie When the Day came and the Counsel began to speak my hopes were quickly commanded to vanish and the Counsel to hold their Peace for they suddenly declared That they would not hear the Merits of the Cause With much pressing Mr. Lisle read the Petition And though they took evident notice of it yet would they not
return any Answer to it or so much as demand of my Wife who stood there laughing in their Presence whether she would return to me or no Only they were pleased to find fault with that word Separation And told my Counsel That they neither had or could separate our Persons These words they had no sooner spoke but I confess I laid hold on though I had been most hardly and severely dealt withal in the judgment of those that were present Insomuch That now I did despair ever to find amongst them and indeed did determine to commit my Cause unto God until in his due time he should raise up Judges in our Israel who should execute Righteous Judgment even upon those Judges themselves But in the mean time I was advised which was very agreeable unto my own Disposition not to leave any thing unattempted which might be thought advantagious to a union of Us but to go personally to my Wife and persuade her my self to leave those Persons who aimed at both our Ruines And to return to me passionately willing to receive her And if she should notwithstanding refuse to speak or go with me then to demand her of those Persons who received her into their houses Accordingly taking two civil Gentlemen I went to her Lodging but received a Repulse from her instead of Compliance and then seeing Mr. Williamson who kept the house I required from him the person of my Wife who refusing her was sued by me And upon the Tryal before my Lord Chief Justice Roles a renowned Person had a Verdict Judgment and Execution of 100 l. against the said Williamson for detaining my Wife from me Many Counsels there were to argue the Case and the Decree in it self under the Great Seal of England was opened read and shewed the Jury But my Lord Roles quickly stated the resolution of the Case in my behalf and the Jury gave me 100 l. damages Williamson now finding himself in a great Dilemma either to deliver up my Wife or himself to ruine and my Wife in so bad a condition notwithstanding her glorious Decree that although she had 300 l. per Annum yet if she could not take the liberty of her old Companions or any new one wheresoever she should be entertained for fear of Judgment and Executions began to take new Counsel how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House and the truth is sollicited it to the purpose amongst her old Patrons the Lords Commissioners For with all speed Williamson prefers a Bill in Chancery to be relieved against my Execution And after he had preferred his Bill though my Answer was so clear as it could not admit of one exception moved for an Injunction after Judgment and Execution granted at Law and to protect him for keeping away my Wife which was granted in these words as fully as he could desire being ingrossed in Parchment and sealed THE Keepers of the Liberty of England by Authority of Parliament To Thomas Ivie Esquire and to his Counsellors Agents and Sollicitors and every of them Greeting It was informed in our Court of Chancery 10 November instant in the behalf of George Williamson Plaintiff against you the said Thomas that the Plaintiffs Bill is to be relieved against an Action and Iudgment thereupon obtained against the Plaintiff upon pretence of the said Plaintiffs detaining of your the said Defendants Wife from you and it appearing in a Cause of Alimony between you the said Defendant and your Wife that their Lordships decreed her Alimony during Separation In which time she ought to have a Habitation a part from you the said Defendant as well as a separate maintenance or else the Decree were groundless And we conceiving the doings of you the said Defendant to be altogether unjust Do command and by these Presents strictly enjoyn you the above-named Thomas Ivie and you his said Counsellors Attorneys Agents Sollicitors and every of you under the pain of 500 l. to be levyed of your Lands Goods and Chattels to our use That you and every of you do from henceforth surcease and forbear all further Proceedings at the Common Law against the Plaintiff upon the said Action and Iudgment thereupon until the said Cause shall be finally heard and determined before us in our said Court And this you nor any of you may omit in any wise under the penalty aforesaid Witness our Hands at Westminster 10 November 1653. Vera Copia ex May. This Injunction being now Granted Signed and Sealed with the Commissioners Hands under the Great Seal of England is the Accomplishment of all their Designs and the compleating of my Misery though the Courts of Law both could and have in some measure relieved me yet is the power of it restrained by this Injunction which indeed I suppose can be called nothing else than a perfect Separation and Divorce Whether the Chancery being stiled the High Court ever receives from any Parliaments such an unlimited power as this It behoves them to make our unto your Highness 'T is the Opinion both of the greatest and honestest Counsel of England That no parallel for this Case no President of the like Nature is to be found on Record Nay they are not backward to aver That it is as contrary to the Word of God the Law of the Nations the Civil Law the Law of our own Country as well as the Practice of the Chancery it self Once did that Court by its own Authority issue out a Sequestration upon a Gentlemans Estate and it was by very many Persons admired and murmur'd at but never could I hear that they ever sequestred Women from their Husbands Were there not a superiour Jurisdiction over this Court whose Determinations seems too too Arbitrary being gounded solely upon the Opinions not to say the Passions or Affections of two or three Erring men what a miserable Bondage and Slavery were this Nation in What Benefit could we expect from all the good Laws of former Ages if their power may be quell'd or supprest at the pleasure of the Chancery They might have for ought I know made an Injunction also that I should never complain and if I had attempted to have made known my Case to have laid me by the heels But blessed be the Name of our God Iehovah whose extraordinary Providence hath been visible in this Land that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations which the Lord has happily placed under your Highness Government By which means we have a just confidence to be assur'd having had many Experiences already of your Highnesses singular piety and justice in those several Stations where the Lord has formerly placed you That there shall be no more complainings made either in our Streets or in the very Corners of our Country but shall be heard and relieved even against the Great Ones amongst
Trough with those Tide-mills as you call them Grindy We can use none nor do we make any such thing Mr. Att. Gen. Would not the Springs in the Lynches carry an Over-shot-mill Grindy Sir I have seen the Place all about many times and I will lay any Man 20 l. to 20 s. that all the Springs thereabouts shall not Produce a quarter enough Water Mr. Williams Where is George Care Swear him Which done Do you know Foxes-lane Care Very well Mr. Williams How long have you known it Care Eight and Fifty Years Mr. Williams Did you know Shadwell the Well so called Care That I did Sir Mr. Williams Where stood it pray Care At the upper End of Foxes-lane as we go Westward and just at the side of the Church-yard there is one now and brick'd over Head where they used to fetch Water I never knew any other Mr. Williams Was that called Shadwell Care I never knew any other but what I tell you of Mr. S. Stringer Pray what was usually taken to be the East-bound of Wapping-Marsh Care The West side of Foxes-lane was called Marsh-Wall or Wall Marsh and that was the Boundary to Stepkins's Lands and Eastward was always the Lands of the Dean of Pauls and I have known it this Eight and Fifty Years Nay I was the first that ever built an House in Foxes lane Mr. Att. Gen. Do you know the Lynches or the High-Ground Northward Care I know it not by that Name Mr. Att. Gen. This Well you speak of did it not rise out of that Ground Care It was by the Church-yard that is now Mr. Att. Gen. You have that the Inheritance of it Mr. Williams Sir we hope we shall not need to be taught which is our Inheritance Where is Mr. Mar. We shall now my Lord answer the Admeasurement made by her Surveyor Holwell Pray will you Mr. Marr tell the Court how many Acres it is Marr. The Land which is counted Wapping-Marsh which is bounded on Foxes-lane East on the Dean's Land West upon Grash-Mill Well-close Nightinghal lane c. if we take it to the upper Ground doth contain 130 Acres but take in that which is in Question too and it makes 141 Acres Mr. Williams Did you measure it too Mr. Leyburn Leyburn I did so too Sir and it is as he says L. C. I. How much is it Leyburn I took the whole from St. Katharines to Foxes-lane and it makes 130 Acres besides the Upland and Foreland and the like between Grash-mill and Wall-marsh-wall It is at least so much it is I think somewhat more the Ditches being undetermined L. C. I. Well what is it all this while you keep my Brother Gregory for Mr. Williams If your Lordship please we have only a short Question to ask Mr. Baron Gregory if he please to be sworn Which was done Where is Mr. Knowles Sir you were pleased to say that the Writings were carried to Mr. Neale's Council in Grays-Inn and that that Writing was among them Knowles They wereso and I believe it was among them Mr. Williams My Lord Mr. Baron Gregory had the Perusal of these Writings L. C. I. But Mr. Williams my Brother Gregory was not named to be the Counsellor in Grays-Inn Knowles No one Gage or some such Name L. C. I. I suppose it was to Mr. Cage's Chamber that married Okey's Widow M. S. Stringer I believe it was and I am sorry we have kept Mr. Baron Gregory so long Knowles Pray did you know they were with Mr. Baron Gregory L. C. I. Did you know they were with my Brother Gregory Knowles No my Lord that I remember L. C. I. Well Brother we cannot help your staying now but remember you had an Offer made you at first and you are punished for refusing it Go on Brother Stringer Mr. S. Pemberton My Lord that which we were surprized with the last Trial was the Newness of these Deeds to us It look'd to us to be so strange a thing so amazing a thing to us that we knew not how to give an answer to it We have since considered of these things and your Lordship doth see what account they themselves have given of them And what an improbability it is that these Deeds should be found as they say Here was a Possession which we have proved under the Dean of Pauls Lease for so long this they would strip us of these Deeds that they have trumped up It made us look into it more warily and we cannot conceive it probable or any thing likely that the Deed of Purchase whereby this Land is pretended to be purchased into the Family of the Stepkins's should be found in the Hands of the Dean of Pauls Lessee who likewise purchas'd it of the State as the Inheritance of the Dean of Pauls How could the Deed of Purchase from Hill be in our Lessees House Mr. Att. Gen. It was not that is a mistake Mr. S. Pemberton Good Mr. Attorney do not interrupt me We must rely upon it that they swore it the last time and that the Deed of Inheritance made four days before our Deed on purpose to warrant the Trick Here is likewise a Surrender made between Hall and Stepkins produced How the Deans Lessees should come to have that Deed of Surrender But to satisfie your Lordship in this matter We shall give a Full and a Fair Evidence that these Deeds are forged Mr. Bradbury My Lord we have had a violent suspicion that these Deeds were forged But we suspect it now no longer for we have detected it and will shew as palpable self-evident Forgery upon the Face of these Deeds as ever was I desire to see the Deed of the 13th of November in the 2d and 3d years of Philip and Mary from Marcellus Hall to Roper and that of the 22th of December in the same years from Marcellus Hall to Carter I desire to see too Your Lordship sees the use of these Deeds The one is grafted upon our Lease from Dean Fecknam where it is recited that the Mill is demolished and a new one erected in another place says their Deed and upon that they set up the Notion of an Overshot-Mill and all the puzling Matter brought into this Cause But I dare undertake to prove them plainly forged Mr. Attorney That is an undertaking indeed Mr. Bradbury It is an undertaking indeed to detect the Defendants Articles but I will venture upon it and shall demonstrate it so evidently that Mr. Attorney himself shall be convinced they are forged Mr. Att. Gen. Come on let us see this Demonstration Mr. Bradbury The Deeds have brought that Evidence upon their own Faces that is 1000 Witnesses Mr. Williams Prithee open the Exception Mr. Bradbury If your Lordship please to look upon them the Stile of the King and Queen in both run thus The one is This Indenture made the thirteenth day of November in the Second and Third Years of the Reigns of our Soveraign Lord and Lady Philip and Mary by