any of theirss but the undoubted Inheritance of the Stepkins's and not a Foot of it belongs to any other Man living But further since they will not we shall produce a piece of Evidence which indeed we must thank Mr. Neale for for he blabbing it about that he had a Survey of the Mannor of Stepney which would do our work put us upon searching there for it and we have it here and there you will find a particular of all the Dean's Lands under 33 s. and 4 d. Quit-Rent And the Particulars are thus described in that Book which shews that there was a Tenement that stood by the Mill and that paid a Quit-Rent and the other Lands came under that Quit-Rent Twenty Acres called Shadwell-field that lyeth on the North Side of Ratcliff High-way known at this Day and all this piece of Ground of Twenty Acres is built upon and improved which was one part of the Land that came under a Quit-Rent but not pretended to be any part of this The next is Five Acres called The Linches and it appears by the Record to be but five Acres and so it is measured now Ratcliff High-way went on the Top of the Hill and this is called the Lynch-way not improved nor built upon and is exactly abutted according to our Records and decyphered by Acres to an Acre Then comes the third Parcel and that only concerns you to enquire of whether these seven Acres and an half be parcel of that And that is described in the Record to be a Tenement called Derrick-hills which is a Bake-house with a Mill and the Lead and Trough the Appurtenances of the Mill at the Rent of 33 s. and 4 d. These are all the Parcels named of the Dean and Chapter 's Lands And at the last Tryal when they produced the Deed of Purchase whereby this was conveyed to the Dean which I think was in H. III. Time it yielded but 3 l. a Year in the whole and now in time it is come to 2000 l. a Year without this great Gobbet which they intend now if they can to swallow up And now as to this Parcel all they can claim is but a Mill and in the later Leases it is a House where the Mill stood and that we shall shew by Records where it stood and it is said to be called Derrick-hills and scituate on the East end of the Marsh now in Question And to go a Step farther we shall shew that this was altered in Queen Mary's Time for in 5 Ed. VI. the Book wherein their Lease is makes mention of the Mill as standing then in 10. Dec. 2 3 Ph. M. there is a kind of Mistery which we shall by our Evidence unriddle For then though the Tenant had above Forty Years in being and to come he must renew his Lease from Dean Fecknam at that time Now we shall shew that the 20th of the same December this Place where the Mill then lately stood was let to Iohn Carter Oarmaker There is in that place at this Day Lands and Houses that yield the Dean and Chapter an Hundred Pounds a Year distinct from the Linches and the North Ground of Ratcliff High-way and that is a very good Improvement for a Mill and a Bake-house and a Leaden Trough and a Ditch for the Water Now by their Lease in 1630. they recite that the Mill was not worth the keeping up and according to the Power given them by the Lease 2 3 Phil. Mar. to pull down the Mill it was pull'd down and built upon and it came to yield them 100 l. a Year as it doth at this Day After this we shall call Witnesses to set forth that in this Place in the East End of Cocock-hill in the Memory of Man there was found the Floor of the old Mill and there are those living that can attest it So we shall shew they are fishing in a wrong Pool they have sufficient to answer their Deed of purchase and all the Evidence that hath been given you will appear to be only to entertain the Court with an amusing nothing and to take up the time But we shall go yet a Step further and shew beyond all peradventure that this Land in question was Marsh Ground And the other side must admit that if it be Marsh Ground the Dean and Chapter have nothing to do with it never pretended to a Foot of it nor doth any Tittle of their Evidence mention Marsh Ground And truly we will admit it to them if it be not Marsh Ground we have nothing to do with it So that Gentlemen your great Question is whether this be Marsh Ground or not And thereupon the main of the Question will be about the East Boundary alone and no other For that Wapping-marsh bounded South on the Thames North on the Lynches and West on St. Katherines is no Question nor never was in all the Tryals that have been Therefore the only point that the Evidence is to be applied unto is about the Eastern Boundary That we lay to be Cock-hill anciently called The Hilly-way or Mill-bank now Cock-hill and in the Records of Stepney Mannor it is called Cornhill And it is a rising hilly Ground it appears to be so to this Day I appeal to the Jury who have seen it Now that this was Marsh Ground and the Inheritance of the Stepkins's we shall prove by these steps First we shall produce an Act of Parliament made in 27 Hen. VIII wherein the Bounds appear to be plainly the same as now we say they are at this day only now it is all built that is all the Difference and the Marsh doth thereby contain 130 Acres Now by that Act the whole Marsh is vested as to one Moiety in Richard Hill as Assigne of Vanderdelf the Dutchman who had dreined it and for his Pains was to have one half and he agreed with Participators among whom Stepkins was one and had 53 Acres and particularly this Land So that the Dean of Pauls must derive a Title from this Act if he will have the Land But we shall shew how they colour their Possession Afterwards Richard Hill II. Nov. 37 H. VIII he doth make a Lease to the Dean and Chapters Miller and that for Thirty Four Years wherein you will exactly see the Boundaries of the Act are pursued After he had leased it thus to the Dean's Miller he passeth away the Inheritance to Thomas Stepkins in time 16. Apr. 6 Ed. VI. Mercellus Hall the Miller after Stepkins had obtained the Inheritance upon Agreement between them gets a Lease from Stepkins of 128 Years of the Lands in Question as you may see by the Bounds they are exactly the same and this was in time 20. Apr. 6 Ed. VI. So the Miller had now Ground on both sides the way that is called Cock-hill On the East side by Lease from Hill on the West side by Lease from Stepkins Then in point of time we shall come to shew the
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
whereby Tirrill and Harris convey the said Lands to Anthony Bateman and his Heirs who held the possession thereof and received the Rents till he failed about 1666. and under whom Sir Robert Cotton as Trustee for the Creditors claims and in Easter-Term 1686. after a full Hearing in the King's-Bench had a Verdict for this and the Twelve Acres Copyhold Land Title to the Copyhold Land EDward Ascugh and his Wife surrender Twelve Acres in Wall and Wapping-Marsh to Richard Hill Copy whereby Iohn Stepkins surrenders the Twelve Acres to Iohn Harding and recites they had been Alwine's and Gibson's and that he had them by Grant of the Lord of the Mannor and Release of Iasper Hill There is not known to be any but this Twelve Acres Copyhold in the whole Marsh. Iohn Harding surrenders to Iohn Osborne Iohn Osborne surrenders to Richard Wotton and Robert Harrell Iohn Osborne having forfeited for having Lett without License the Lord of the Mannor admitted Walthal and Finch Walthal and Finch surrender to Io. Glascock Glascock surrenders to Tho. Cook and his Wife Cook and his Wife surrender to Richard Glover Citizen and Pewterer of London Richard Glover dying the Copyhold being Gavelkind fell to his several Sons who all after surrendred to Richard the Eldest who dying in 1646. his Son after admittance in 1647. surrendred to Robert Smith and Anthony Bateman who was till he broke in possession and received the Rents Sir Robert Smith dyed 12 Iune 21 Car. 2. so Sir Anthony was the Survivour Sir Anthony became a Bankrupt See the Commission The Commissioners Assignment of the Ten Acres Freehold and Twelve Acres Copy hold to Sir Robert Cotton enrolled Sir Robert Cotton admitted to the Twelve Acres Copyhold A Verdict for Sir Robert Cotton The Heirs of Whichcot's Title to Pruson's Island PEter Osborne conveys the Breach c. to Woodshaw by Estimation Three not exceeding Four Acres butting East on a Sluce South on the Thames North on Wapping-Marsh West on a piece of Ground next abutting and adjoyning on a certain Way or Lane there called Gravel-Lane Enroll'd Iames Woodshaw conveys the same to Richard Glover Livery and Seisin Endorsed Richard Glover Devises by general Words Wapping-Land to Richard Glover his Son Book of Wills The said Richard Glover conveys the same to Warren and his Heirs Enroll'd The said Richard confirms the same to Warren Enroll'd Richard Glover the Grandson confirms the same George Warren sells the same to Richard Lloyd and Iohn Wicken Enroll'd Richard Lloyd and Iohn Wicken by Lease and Release sell to William Crowder Thomas Iordan Thomas Horton and Iohn Iolliff Trustees for Rebecca Whichcot late Glover's Wife Crowder Iorden and Horton Dye before 1680. Iohn Iolliff in 1680. being the surviving Trustee and in William Iolliff his Son and Heir the Inheritance of these Lands remains in Trust for the Heirs of the said Rebecca Whichcot to this Day And Note The Land now called Pruson's Island which Name is assuredly took from having been long in possession of one Pruson under Glover's Title is above Three and not Four Acres butted East on a place where there was a Sluce South on the Thames North on Wapping-Marsh and West on bridewel-hospital-Bridewel-Hospital-Land heretofore a piece of Ground which butted and adjoyned upon Gravel-Lane and was held under Glover's Title by Mrs. Rebecca Whichcot till outed by Lady Ivy 1679. And if Lady Ivy can shew what Land 't is possible the Ten Acres in Wapping-Marsh should be but the Lands in question butting West on Gravel-Lane and where the Twelve Acres of Copyhold in Wapping-Marsh should be that was late Hill's in the 10th and Glascock's the 23d of Eliz. and lying East of the last Ten Acres but the Lands in question and which have been always enjoyed by those the Creditors claim under by Copy of Court-Roll since Edward the Sixth's time and where there should be Three and not exceeding Four Acres that butted East on a Sluce South on the Thames North on Wapping-Marsh and West on a piece of Ground that butted on Gravel-Lane unless the Ground now called Pruson's Island which really does so abutt they will then quit their Claim to these Lands which they otherwise hope will at some time or other be allowed to be theirs As to what Lady Ivy is pleased to say concerning the several Verdicts she has had for her Title the Reader is hereby informed That those Verdicts were got on producing of Deeds which are not mentioned in her printed Paper nor yet to be found on Record And as to what she is pleased to suggest concerning the Conviction of her Adversaries Attorney one Iohnson Note There was one Duffet a notorious common Forger of Deeds and an intimate Acquaintance of my Lady's He first applied himself to Mr. Iohnson as a Witness without Iohnson's seeking to him and discovering his Treaty with Iohnson drew him into a snare being as supposed employed by somebody else As for the Records and Deeds which made up three parts of her Paper they are most of them such as were never made use of at any Trial and serve only for a shew and an amusement and when rightly considered are nothing to the purpose at all And that the World may also see what Title both on Record and otherwise the Lady Ivy has yet been pleased to produce for the Lands in question with what may reasonably be objected against it by Arguments only deduced from other Deeds on Records the same is incerted here and if any Mistake be made in 't it is not wilfully done and will be undoubtedly Answered by Lady Ivy's Direction if there be any thing in it untrue her Ladyship having already appeared twice in Print in these Matters and thereby given occasion for the Printing of this The Lady Ivy's Title THat Wapping-Marsh being one Hundred and Thirty Acres drowned Land was for a Moiety thereof undertaken before the 27 Hen. 8 to be Inned and Drained by one Vanderdelfe who sold his Moiety to one Richard Hill on whom that Moiety was by Act of Parliament 27 Hen. 8. setled A Lease produced by which Richard Hill lets Sixteen Acres to one Clayton a Butcher for five years lying along Gravel-Lane A Deed whereby Richard Hill sells to Thomas Stepkins and his Heirs for ever Sixteen Acres in Wapping-Marsh in the Tenure of one Clayton and Fifteen Acres and Three Roods of Land in Wapping-Marsh then in the possession of Richard Hill lying by the Pond in the said Marsh and all those his Messuages Pond Lands and Soil in the Parishes of Stepney and St. Mary Matfellon or elsewhere in the County of Middlesex and were parcel of Hundred and thirty Acres formerly drowned but not of the Fifty three Acres that were Stepkins's before the drowning Note The word is Drowning and not Draining in the Deed. See Lady Ivy's Answer to Dr. Whichcot's Bill 1677. A
remember All the Estate about it was in the Traps Family he was a Gentleman of our House all the Water that drives that Mill and two or three Mills that serve that side of the River is taken in as the Tide comes in and is pent in as he says by a Dam and when they open that the Mill turns back again For I would sain have all these things that seem to be dark cleared by the way as they go I will suppose all the Records you have read to be right and that it is called Ratcliff-Mill and then there is the Mill-bank and the Hilly-bank and the Hilly-way it is plain then there was a Mill-bank or a Hilly-bank or whatever you call it It so falls out that the thing now in Question is made plain upon your own Evidence there was really Ponds and Gutters and those things that were to satisfie the Mill This Mill comes to be plucked down and the Ponds and all the Sleuces come now to be built upon This is not like your Marsh Ground that is on the Western part of the Bank but it is Parcel of Mere or Marsh as the Pond and the rest stifled up by those things that till such time as the Mill was taken away were Receptacles for to pen up the Water that came in with the Tide What is the meaning of those Words in the Survey that I spoke of before and the several Tenements and Orchards and Ponds and Sewers c. and all those things Would you have it that this should all point to the Scite of the Mill as though all the Boundaries should extend to the East end of the Mill Mr. S. Stringer That was the Reason why I asked but now how big the whole was L. C. I. And will what you would have Mr. Attorney a Ditch or two ever answer the Words in the Survey Mr. Att. Gen. Nor will all their Words amount to divers Closes of Ground as this must make in the whole Mr. Sol. Gen. Their Twenty Acres elsewhere answers all they can claim L. C. I. But this you yourself say is the Derrick-hills in the Survey and you do take it as soon as the Mill was pulled down in one place it was set up in another Mr. Att. Gen. After he had taken our long Lease he erected one we say upon our Ground for he had pulled down the old Mill and lett that to Carter Mr. Sol. Gen. My Lord it is plain that the old Mill and the new Mill were not upon the same Ground from Carter's Lease L. C. I. Mr. Sollicitor You indeed agree among your selves that it is plain but alas the Fact is quite contrary Mr. S. Maynard My Lord we do make our Argument for the Defendants Title as your Lordship does apprehend it The Boundaries towards the East is made the Mill and Ratcliff-Town This place that contains Seven Acres though it had Passages for the Water is not the Mill and it can never be that so much Ground can be reckoned to be Lands belonging to the Mill It is the Mill it self that is the East bound L. C. I. No it is the Mill and the Mill Bank Brother Mr. S. Maynard With Submission my Lord it is Ratcliff-Mill L. C. I. Is there no Mill-Bank in any of the Deeds Mr. S. Maynard Not that I remember L. C. I. At the Peril of my Discretion be that Brother Mr. S. Maynard Take it to be so as your Lordship says that there is mention of a Mill-Bank that cannot lye East for it lyeth in a little Pond L. C. I. Good Brother let us not puzzle that which is as plain as that the Sun shines The controversy is about all the West part of Foxes-lane Mr. Att. Gen. No it is the East bound that we contend for L. C. I. Mr. Attorney if you will mistake the Point I cannot help it I assure you I do not Pray take notice of it it is called 130 Acres in your Act of Parliament Mr. Att. Gen. Yes my Lord 130 Acres L. C. I. Now then the East of your Land by your own shewing is Mill-Bank the East of Mill-Bank is the Mill whereas the West part is St. Katherines so all your Deeds and Records say but the East part of the Land is Mill-Bank Mr. S. Maynard No my Lord Ratcliff-Mill L. C. I. But I say ay Brother Then how broad doth Foxes-lane extend Mr. Att. Gen. 'T is reckoned 30 Foot in Carter's Lease I think L. C. I. That is a Lease that I perceive there is some controversy about therefore I do not so much mind that It is a Perch of Land I think in some of your Evidences Mr. Att. Gen. Where Foxes-lane is is the four Acres that were surrender'd now that being the West-bound of the eleven Acres where then are the other seven L. C. I. Read the Deed Poll again the particulars and Bounds only Clerk Reads All those my four and twenty Acres and an half Mr. Att. Gen. The East Bound your Lordship sees is the Mill Now your Lordship makes an Objection that if it were as we say an Overshot Mill it could not have been driven L. C. I. Do not pray make any silly Objection for me and then think to answer it I tell you I do say that it is impossible there could be any Mill there but a Tide-Mill The thing is as plain Mr. Att. as any thing in the World can be Go on with your Evidence Mr. Sol. Gen. Pray swear Iohn Somerly Which was done How long have you known the Place in Question Somerly I have known it about 27 or 28 Years Mr. Att. Gen. Do you know where the Mill stood or was reported to stand Somerly I know where it was reported to stand but I never knew the Mill my self it was demolished before my time Mr. Att. Gen. Where was it reported to stand Somerley As it was reported it stood about half the length of the Hall off the Bank rather leaning to the River of Thames than the High-way Mr. Att. Gen. Where was the way to the Mill Somerley At Cock-hill L. C. I. That your own Evidence say was on the West side of the Mill. Mr. Att. Gen. Did you know Shadwell Somerly I know that that is called Shadwell Do you mean the Well Mr. Att. Gen. Yes how far is the Well from Cock-hill Somerley Half the length of the Hall Mr. Williams How far is it East of Foxes-lane Somerley Truly I cannot well tell L. C. I. The Question is whether that be the Well that is mentioned in the Evidences Somerley I never knew any other Well I pay'd for filling of it up Mr. Williams What was it was it not a Pond formerly Somerley It was a Well Mr. Att. Gen. What was it called Somerley Shadwell it was called I knew no other Name it had and that Well was wharfed about and there was a Piece of Wood about Six Foot long put into it and it was on the hide of the Hill a
Iohn Stepkins Son and Heir of Thomas of four Acres which say they was not assigned with the other seven to the Dean of Pauls Then in 3 Elizabeth pursuant to the Conveyance made by Iasper Hill to the Stepkins's there is a Fine and Recovery suffer'd and 4 Elizabeth a Deed to lead the Uses of that Fine which are to Iohn Stepkin and his Mother and the Heirs of Iohn But still in all these Deeds and Conveyances there is mention made of the Mill Mill-bank or Hilly-bank or Hilly-way to be the boundaries and likewise of Shadwell After that they produce a Bond wherein Spinola is bound to Stepkins to take off the Statute entred into the 32 H. 8. by Richard Hall Then 14 Elizabeth they produce a Commission of Sewers where notice is taken of the several Landholders of Wapping-Marsh who were liable to make satisfaction for any want of Repairs or defects in the Marsh. There Roper is taken notice of as a Tenant and one Iames and Stepkins too and they do infer from hence that Iames and Ropers Land is part of this and was under Stepkins and is enjoyed to this day under the Title of the Stepkins's They go on further and tell you that 15 Elizabeth Stepkins became indebted to the Crown by taking a Tellers Debt upon him and had a mind to secure the Debt and therefore conveys his Land to the then Treasurer Attorney General and Soliciter General to secure a great Sum of Mony and this Land they would have to pass among the Rest. Afterwards 17 Elizabeth the Commissioners sit again and there is a Return made of all those that were Landholders the same named before Then 7 Iacobi was there a Re-grant out of the Crown made to Sepkins of all his Land Wherein generally speaking the Bounds of the Land belonging to Stepkins are called the Mill-bank c. This must say they of necessity take in the Lands in Question otherwise it is impossible that should be the Boundary And they make use of this further Argument say they We have taken a Survey of all the Lands those in Question and the other Marsh-lands from Hermitage-dock alias St. Katherines even to this Mill and it doth just humour the Number of Acres in the Act for draining Wapping-marsh that is to say it makes just 130 Acres All which they say plainly belongs to the Stepkins's Thy then come to examine their Living Witnesses and they have produced them in this Order as I name them Their Witnesses have been as they are in my Paper One Hughs and Somerley and Holmes and Barefoot and Cope and Holwell And the substance of what they say is this The Old Woman Barefoot says she has known the place in Question this threescore and odd Years she remembers well the Scituation of it and that the Water drove another Mill first and did not come near to Foxes-lane by a Quarter of a Mile but run more to the North. And this Land she says was always reckoned to be Stepkins's and she never knew any one have any thing to do there but they And in as much as there was some discourse concerning a Well she says she doth remember there was a Well between Foxes-lane and the Mill and that was half a Mile off Foxes-lane and was always called Shadwell She remembers it so well that if there were as many Wells as there are Pains in the Glass Window before you that was the right Well and there was no other Well called Shadwell but that Then Hughs tells you he remembred the Land before it was built upon that at Common Ordinary Tides the Water used to come up to Foxes-lane and at High-tides over it but the Land has been raised much higher since that Then Cope he gives an account of his knowing it above threescore Years ago and he in general says he did not know how far Westward the Water went that drove the Mill but Foxes-lane he says was the way from North to South westward of the Mill and he knew not any way Eastward of the Mill but Foxes-lane for Cockhill is Eastward of the Mill. And much like to this was the Testimony of the other Witnesses which being done they concluded with the Evidence of the Surveyor Holwell about the admeasurement And this as I remember or can collect is the Substance of the Defendants Evidence before the Plaintiffs Reply And then as to that which was offered by the Defendants as Evidence of the Boundaries the Plaintiffs give this Answer and it is that which will be the Pinching Question in this Cause to all Eternity whether or no Mill-bank or Mill-hill or the Hilly-way or whatsoever else it is called in their Old Deeds be not that which is now called Foxes-lane Say they First by your own Evidence that same Ancient Survey that you produced and which by Consent you Gentlemen of the Jury are to have with you there is notice taken of 130 Acres that belongs to the Marsh there is notice taken of Lynches as belonging to the Dean and Chapter of Pauls But then in the last Paragraph of the Back-side of the Leaf so we call the second side for distinction sake you will find this taken notice of Which said Marsh doth bound on the Lands hereafter mentioned on the East And what are the Lands thereafter mentioned These you will find Item holden by the Dean and Chapter of Pauls one Messuage called Derrick hills another Tenement called so and so and several Orchards Gardens and Ponds c. and a Water-mill thereunto belonging So that there was on the East-part of the Marsh-Land Orchards Gardens a Messuage a Tenement Waters Ponds Fishings and a Mill and several other things Now if in case the Eastern Boundaries of the Marsh came up to the Mill you speak of how comes it to pass that you your self in your own Survey make the Eastern bounds to be upon these Lands and all these belonging to the Dean and Chapter of Pauls And when they come to read the Particulars of what belonged to the Dean and Chapter that Survey bounds to the Dean and Chapters Land upon the Marsh-land You that have been upon the View may the better understand it and you see the Eastern part of the Mill was the Wast-ground and made a Lane to carry down Ballast as the Witnesses say This doth just humour all the Old Boundaries Nay to shew that this is really so they say That in time in the Year 1615. there was an Action commenced before my Lord Chief Justice Coke when he fate in this Court wherein this Controversie arose Fox who was as well Tenant to the Dean and Chapter of Pauls as he was to Stepkins he comes and he builds upon that old Wall called Wall marsh-wall which begot a Contest betwixt Stepkins who was the Ancestor of my Lady Ivy and this Fox and upon that Contest this was the Question Whether there had been any Incroachment upon the Marsh Not but that the Wall was
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
it had been known What is said as an excuse why the Rent was not paid being reserved to the Lessor his Executors and not Heirs is of no weight for it might have been helpt in Chancery Besides had that been the reason why the Rent was not asked nor paid Note Richard Glover who Lady Ivy goes about to prove paid the first six years Rent would never have paid any to her Father Iohn Stepkins he being the Son of that Iohn Stepkins who is supposed to have let this Lease in 1620. and died in 1624. so that way no Rent had been due at all Richard Glover in 1616. died and by his Will gave several of his Children 500 l. apiece and particularly Mary and if the Money was not paid accordingly by Richard Glover his Son who is supposed to have taken this Lease he devises his Wapping Lands over to his said Children and Mary's Portion being not paid George Almony her Husband enters and on payment of the said 500 l. in 1624. resettles by Fine and Deed particularly naming these Lands the same on Richard Glover again whose thus accepting a Fine had been a forfeiting the Lease had he held it by one at that time Lady Ivy's Father's and Grandfather's Wills enumerating all their Lands to very small parcels take no notice at all of this Lease nor of any Land in it comprized but only as a Boundary to their own Note There was a Lease lett by Richard Glover to Aaron Williams of the Five Acres being part of the Twelve Acres of Copyhold Land on which Kingstreet in Wapping is built for Fifty years with License from the Lord of the Mannor to lett for so long from 1630. at 20 l. yearly Rent 't was a building Lease and such part of it as Aaron Williams built not himself he disposed of to others And as 't is something hard to imagine that Richard Glover who was a man of repute if he had but forty six years in it in 1630. should lett it for Fifty years so 't is very much harder to believe that Aaron Williams who was a great Builder in several places and those under him should accept of a Lease and build on it for a longer term than Richard Glover could have lett had he held it by this now produced Lease for Fifty six years from 1620. which if true could not have been but publickly known at that time which very Lease so lett to Aaron Williams as aforesaid Lady Ivy purchased in 1659. and gave about 2000 l. for it and so got the possession of it as she in her own Answer to Sir Robert Cotton's Bill in 1676. does confess and is a great Argument she believed it a good Lease and that 20 l. yearly Rent was paid to Bateman for it is plain if the Answer of one Michael Oldsworth of whom Lady Ivy purchased the said Lease to a Bill put in against him by the Relations of one William Thomas to whom Oldsworth was Executor and so came possest of this Lease for an Account of the Estate of the said William Thomas may be believed as it must in other cases though no Evidence in this because it being in another Cause may not in this be read That in the Account says thus Paid Sir Anthony Bateman Arrears of Rent at Wapping 20 l. per ann 150 l. And the said Lady Ivy being so in possession of the Five Acres on which Kingstreet is built by having got Aaron Williams his Lease into her own hands brought an Ejectment about 1675. against the Creditors of Sir Anthony Bateman who then were possest of the other Seventeen Acres and they claiming under a Bankrupt who refused to assist them and knowing not how to defend their Title and Lady Ivy having the good Fortune to make those Deeds against which so much is said in this Paper and especially the Fifty six years Lease from 1620. to be believed as true Deeds she got a Verdict and Judgment then for the said Seventeen Acres about 1676. and held the same till a Verdict was given against her in Easter-Term 1686. for the whole Twenty two Acres upon the now Creditors Title such Evidence being then given as made this Fifty six years Lease and other Deeds not believed The Deed dated February 1664. setling the Inheritance of the Five Acres of Land on which Kingstreet in Wapping is built on one Edward Burtbee and Edward Temple for the securing 800 l. by 100 l. yearly to Sir Thomas Ivy in which the 56 years Lease is recited seems to have been made for the sake of that very Recital and cannot in reason be true for Note Lady Ivy having purchased Aaron Williams his Lease as aforesaid and that being in December 1664. mortgaged to Ioseph Sabberton and Edward Simonds for 800 l. and Sir Thomas Ivy then offering to lay down that Money so he might have it secured him out of the said Lease the same Lease was made over 26 Decemb. 1664. to Richard and Iohn Estcourt and Thomas Nevil who the 25th of February following assigned the same to Sir Rob. Killigrew Sir William Salkeild and Benjamin Thornburgh now Trustees for that purpose But Sir Thomas not receiving the Rents and his 800 l. remaining unpaid and he differing with his Lady in 1671. put in a Bill against her and Serjeant Brampston about this very business charging the Serjeant with Confederacy with his Wife and setting out the whole matter of the Security made him of that Lease complaining of the ill usage he had had and desires relief and yet says not one word of the Inheritance now pretended to be made over to Burtbee and Temple for him and to which Deed he himself 't is pretended was Party And Lady Ivy in her Answer to the said Bill takes only notice of the Lease by her purchased and so mortgaged to Sabberton and Simonds as aforesaid and not one word of this Inheritance-Deed Nor does a Bill exhibited against Sir Thomas Ivy in Feb. 1669. by Sir Robert Killigrew Sir William Salkield and Benjamin Thornburgh the Trustees by Lady Ivy's direction setting out also this Security thus made of the Lease therein named to be made by Richard Glover to Aaron Williams for Fifty years from 1630. for 800 l. by 100 l. yearly to Sir Thomas Ivy nor Sir Thomas Ivy's Answer to it confessing the Security was so made to him of the Lease say any thing at all of this Inheritance-Deed nor take any notice of Edward Burtbee but as one only who being authorized by the last named Trustees and Lady Ivy to receive the Rents did employ one Edward Temple for some time for that purpose and that afterwards one Perrot was by Lady Ivy authorized and employed to receive those Rents So that 't is sence to believe that Edward Burtbee and Edward Temple were no otherwise with the knowledge of Sir Thomas Ivy concern'd in this matter but as Rent-gatherers only in manner aforesaid and nonsence it is to imagine there could be
Sancroft who raised the Rent to 80 l. during the Life of Freak who was the surviving Life and to 100 l. after Which Lease dated 12. July 21 Car. 1669. was read Mr. Serj. Stringer We have brought it home now my Lord to the Lessor of the Plaintiff For we have shewn this Lease was surrendered to Dean Stillingfleet and thereupon he made the Lease to Garrard and Cratford which we have given an account of before And so we have shewn a Succession of Leases from the Church for 130 odd Years L. C. I. The last Lease is at the Rent of 240 l. a Year I think Mr. Serj. Stringer Yes my Lord. Mr. Serj. Maynard Have you done Gentlemen Mr. Serj. Stringer Yes we have till you give us farther occasion Brother Mr. Serj. Maynard Then may it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Cause for the Defendant my Lady Ivy. The Plaintiffs have given you a sort of Evidence for a Title but the Truth of it is all that they say will not make a Conclusion such as they would have from their Premises For all that they have proved is that the Deans of Pauls successively one after another have made Leases They did in the beginning tell you they had had this Land hundreds of Years But what have they had and what Leases have they made But only a Mill a Bakehouse a Trough of Lead and all Houses Lands Meadows and Pastures thereto belonging We do not deny but that they are to have a Mill their Leases are all so even the new ones do mostly follow the Tract and Words that were used in Queen Mary and Henry the eighths times But here is the truth of our Case That the Dean and Chapter had a Mill we agree nay more than that we agree that they have Eighteen Acres that lye on the North side of Ratcliff High-way and also that they have another parcel of Land called the Lynches That this may be understood we now crave leave to deliver Maps to the Court and the Jury Mr. Serj. Stringer And we desire ours may be seen too Mr. I. Withins Aye deliver in your Maps this is the only fit place for them Which was done on both sides Mr. Serj. Maynard Then my Lord I will go on We agree I say they had a Mill which is now taken down and put in another place We shall shew them where it did stand and that was no part of the Land now in Question The Jury have seen the place and I hope have had a satisfactory view of it There was once a Mill standing and there was once a Pond but that Mill and Pond doth stand elsewhere The Land in Question we say was anciently Marsh Ground and subject to the overflowing of the Water and it is so to this Day In H. VIII time it was by one Vanderdelf a Dutchman drained This by Act of Parliament Richard Hill was made Owner of and he convey'd it to Stepkin who was the Defendants Ancestor and whose Heir she is And the Boundaries are set down in that and the subsequent Conveyances which cannot possibly stand with those that their Mill is said to stand in We shall shew by several Records the Queen had a Title to it by a Conveyance in way of Mortgage to her and this afterwards was conveyed back again to the Ancestor of my Lady Ivy. We yield they had a Mill and they have increased the Rent sufficiently upon it not to need other Mens Land ' They have Houses built upon it I know not indeed how much but I think it is near 1000 l. a Year that yields to them If then we can demonstratively shew you where our Ground is and where theirs is and if we affirm our Title by Records and good Conveyances then by a Pretence to a Mill I hope they shall not grind us or take away all our Land Mr. Att. Gen. My Lord and Gentlemen of the Jury I crave leave to answer the Evidence that has been given before I enter upon our Title They have spent a great deal of time to derive down a Title to the Dean and Chapter of Pauls to a Mill a Bake-house and some little Ground thereto belonging And truly as Mr. Serjeant says no Man ever questioned the Dean and Chapter for their Mill and Bake-house and Leaden Trough But the thing in Question is seven Acres and an half of Land which in the Memory of Man was Marsh Ground If you observed it Gentlemen upon the view how it lies you know the North Bound is the Dean's Lynches the South Bound is the Thames Wall the West Bound Foxes-lane and the East Bound is the Hilly-ground that is called Cock-hill And we say as to all this Land it is none of the Dean and Chapter 's nor ever did pass or was enjoy'd by this Lease but we shall shew you it was under another Lease I must observe that it is very strange upon their own Evidence that a Mill cum Pertinentiis should pass seven Acres of Ground and a Mill that was demolished so long ago as in Queen Mary's Time for so we shall plainly shew you it was and that these Lands containing so considerable a Revenue should not have a Survey taken of then or a Boundary made of the Land that they might know what was theirs and what their Neighbours For your Lordship and the Jury may observe in all the Leases and Conveyances down to this time in Dean Collett's Lease and onward there was nothing mentioned but a Mill with the Apurtenances or a Tenement with the Apurtenances But they have not one fixed Boundary of their Lands and really it cannot be presumed the Dean and Chapter should be so ignorant Besides in the ancient Lease that they produce of Ed. VI. Time there was a Covenant to pay the Quit-Rent as for Lands holden of the Mannor of Stepney and we did expect that they would have brought some of the Rolls and Records of that Mannor and out of some Survey there remaining would have given a particular Testimony of what Lands belong to the Dean and what doth not But in Truth we say this is properly Marsh-Land for that will be your Question Gentlemen that you are to try I believe at last Whether these seaven Acres thus bounded on Foxes-Lane West on the Thames South on the Hilly-way called Cock-hill or Mill-ditch East and on the Dean and Chapter 's Lynches North be Marsh-ground The Dean and Chapter have given Evidence of some Leases which upon the Surrenders were delivered up to them but there are none produced they only read the Entries in their Books Now we shall demonstrate that this Mill of theirs was an Overshot-mill for there is mention made of a Leaden Trough which is the only proper Instrument of an Overshot-mill Therefore we will first settle because they themselves will not what is theirs and then we doubt not to give you Satisfaction that this was never
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
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
of Phil. and Mary surrender the remaining four Acres to Thomas Stepkin and then we shall shew it was demised to Fox who was the first Builder and made Foxes-lane Mr. Sol. Gen. Your Lordship doth observe that the License was to assigne the whole eleven Acres and an Half but he did assigne but seven Clerk Reads This is dated in the 14th of November in the 5th and 6th Years of King Philip and Queen Mary To all to whom this present Writing shall come I Marcellus Hall of Ratcliff Miller send greeting in our Lord God Everlasting Whereas Thomas Stepkins hath by his Indenture dated the 20th Day of April in the 6th Year of King Edward VI. lett to me the said Marcellus Hall on the West side with the Thames Wall thereto belonging with the Foreland and Soyle for One Hundred and Twenty and Eight Years Know ye that I the said Marcellus Hall for the Sum of 30 l. of good and lawful Money of England in hand paid have by these Presents remised released and absolutely confirmed to the said Iohn Stepkin his Heirs Executors and Assignes all such Estate Right Title Interest Term of Years Estate Property Claim and Demand which I or any Person to my Use have or ought to have or at any time shall to have in or to four Acres of Marsh-Ground abutting East on the Green Bank or Way through Six Acres leading up to Ratcliff-Way which Way adjoineth to the West side of the Lands in the occupying of Roper which said Lands was made over with the Leave and License of the said Thomas Stepkins to the Right Worshipful for the Term of Ninety Three Years and West on the Field in the occupying of Iohn North on the Lynches and South of in or to the Thames Wall abutting East on the South-West Way as aforesaid down to the Low Water-mark of the River of Thames So that neither I my Executors or Assignes any Right Claim Demand or any part thereof but from all shall be utterly excluded and debarred for Ever Mr. Att. Gen. Here is a Fine levied Quin ' Trin ' 3 Eliz. they had best ask where that was found too Is not that forged The Fine was read Mr. Sol. Gen. Here is a Recovery also and a Deed to lead the Uses In which Recovery the Tenants vouch Iasper Hill who voucheth over the common Vouchee The Recovery was read L. C. I. Read your Deed to lead the Uses Clerk Reads This Indenture made the 12th Day of May in the 4th Year of the Reign of our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Marcheline Stepkin of the one Party and Edward Buggin Where it was concluded fully condescended and agreed between the Parties to this Indenture that they the said Edward Buggin should in the Term of the Holy Trinity recover to them by Writ of Entry sur Disseisin in le Post to be had against the said Macheline and Iohn before the Queen's Majesty Justices of the Common Pleas at Westminster for that time being according to the Use of former Recoveries One Hundred Acres of fresh Marsh within the Parishes Towns Fields And it was fully agreed between the said Parties that the said Recovery should be to the Uses Mr. Williams Mr. Banister Pray Sir look upon this Deed and see whether your Name be to that Deed or no. Shewing him the Surrender of Hall Banister This is my Name Mr. Williams Was Mr. Knowles's Hand to that Deed Banister I cannot tell M.S. Pemberton Did not he and you put your Hands together to it Banister I did not make it I did not forge it M.S. Pemberton No I do not think you did you have not Brains to do it Mr. Williams Where did you find that Deed Mr. S. Pemberton How came you to put your Hand to it L. C. I. Is it one of the Deeds of Purchase Mr. S. Pemberton Yes it is and therefore we would know since Knowles's Name is to it how it came there L.C.I. Is it the Surrender made by Marcellus Hall to Iohn Stepkin Mr. Williams Yes my Lord it is L.C.I. Let me see it His Name I believe has been there Mr. Williams Do you know any thing of the rasing of it out Banister No not I. Mr. Williams You Knowles were you at the finding of that Deed Knowles I set my Hand to none but what I found L.C.I. But what do you say to that Deed Knowles I do not remember this Deed at all I cannot say any thing to it L.C.I. Was your Name to it Knowles Here is my Name but I do not know who put it there L.C.I. Is that your Writing Banister Banister That on the back side is Mr. Williams Look into your Note that you may not outrun yourself Why did you set your Hand to it Banister I suppose it was one of the Deeds found there Mr. Williams How should it come there it belonged to the Purchasor Mr. Att. Gen. Now we shall go to matter of Record again Richard Hill it seems before the Lease made to Marcellus Hall entred into a Recognizance in 4 Eliz. this is extended and that will shew it to be Richard Hills's Estate Mr. Powis Can you object any Forgery of Records pray Mr. Sol. Gen. Pray Sir look upon that to the Witness where did you Examine that Witness I examined this at the Rolls Mr. Williams Is it a true Copy upon your Oath Witness It is L.C.I. Read it Clerk This is Tested at Westminster 17 Ian. 4 Eliz. And here is an Inquisition taken the 6 th of April in the same year Mr. Att. Gen. We will read that part of the Inquisition that concerns our Question for the East bound is only in question now It was read Mr. Att. Gen. Was this produced at the former Tryal the first Tryal Sutton No I think not in Michaelmas Term. Mr. Sol. Gen. Then we shall shew an Inquisition upon a Commission of Sewers Mr. Att. Gen. The Land in question is every foot of it in the Marsh and that they must acknowledge they have no Title to it Mr. Williams This is an Inquisition which they produce taken before a Commission of Sewers I desire to know how that comes to lye in a private Hand for it is the original Inquisition and ought to remain with the Officer Mr. Att. Gen. The whole Interest of the Marsh was ours therefore it might well be left with us Mr. S. Pemberton Under favour good Mr. Attorney such things should be kept by the Clerk to the Commissioners Mr. Att. Gen. How many Tryals has this been produced at Mr. S. Pemberton With submission my Lord this that they produce being an Original may very well come under great suspicion in regard it ought to be brought in by the Officer in whose Custody it ought to remain Mr. Williams It is not a thing of bare Interest between Party and Party but a thing that concerns the Publick and therefore
is not material L. C. I. That is true But it was read the last time I find by my Notes Clerk This is a Bond of 300 l. The Condition of this Obligation is such that whereas one Recognizance made and entered into by Richard Hill 3 Dec. in the 32th Year of the late King Henry VIII taken and acknowledged Mr. Att. Gen. There is enough for it makes not at all to the purpose but to confirm the Belief of our Purchase Here is also Iasper Hill's Receipt of the Purchase Money Clerk Reads This is dated the 28th of Ianuary in the 13th Year of Queen Elizabeth Be it known unto all Men by these Presents that I Iasper Hill of Wormley have had before the ensealing hereof of Macheline and Iohn Stepkins for the discharge of a certain Statute the full Summ of 1338 l. of lawful Money of England in full Satisfaction and Payment of all such Purchase Moneys Mr. Att. Gen. Then the 16th of Aug. 13 Iacobi Fox conveyed to Iohn Stepkins but that is left at home L. C. I. Well then there is an End of that what do you do next Mr. Att. Gen. We have done with our Evidence by Deeds and by Records and now we shall come to our Evidence by Witnesses Viva Voce And first we shall begin with Mr. Knowles who will will prove the Value of the Land by the Rents and particularly what the Rents are of Derrick-Hills L. C. I. Prove what you will Mr. Att. Gen. Mr. Knowles have you received the Dean's Rents Knowles For the use of Mr. Neale I have Mr. Att. Gen. What are the Rents of the East side of Cock-Hill Knowles About 100 l. a Year Mr. Sol. Gen. What are they Knowles Houses Mr. Att. Gen. All Houses Knowles Some Houses some Ground Rents Mr. Att. Gen. What is the Rack Rent Knowles About 100 l. Year Mr. Williams Which Houses do you speak of Mr. Knowles Knowles On the East side of Cock-hill Mr. Att. Gen. Do you know the Lynches Knowles Yes I do Mr. Att. Gen. Who receives the Rents of that Ground Knowles Mr. Neale did Mr. Att. Gen. Have you received the Rents of the Twenty Acres Knowles Yes for Mr. Neale I have Mr. Att. Gen. These Three together what are they all Knowles About 2000 l. a Year Mr. Att. Gen. All this the Church of Pauls has besides the Lands in Question Mr. Williams You say that part is worth 100 l. a Year Knowles Yes Mr. S. Stringer How much Land might it contain Knowles It is a matter of the length of the Hall L. C. I. And how broad is it Knowles Not very broad Mr. Att. Gen. Now then to come to the Lands in Question Do you know Marriners-street Knowles Yes Mr. Att. Gen. Who is in Possession of that and receives the Rents of it Knowles Mr. Neale Mr. Att. Gen. What say you to Griffins-Alley Knowles Some of it is in Mortgage Mr. Babington had it but for Mr. Neale's Use. Mr. Att. Gen. What say you to the Water-house Knowles That Mr. Neale himself has Mr. Att. Gen. These are the things in Question Do you know that which is called New Knowles That is Mr. Neale's too Mr. Sol. Gen. Our Lease of 128 Years expired but in the Year 1680. and we could not come at it till then and we had it not till 1682. and that answereth their Possession Mr. Att. Gen. Now we shall call our Witnesses to prove it Marsh-Ground Swear Thomas Hughes Which was done Do you know Wapping-Marsh Hughes Yes Mr. Sol. Gen. Do you know the Houses in Question Hughes Which Houses Mr. Sol. Gen. The Houses now in Suit for Hughes Yes I do Mr. Att. Gen. How long have you known them Hughes There was no Houses when I knew it first Mr. Att. Gen. Do you know Cock-hill Hughes Yes Mr. Att. Gen. Do you know Foxes-lane Hughes Yes I did know it before it was built Mr. Att. Gen. Did you know the Houses that lay on the East side of Foxes-lane Hughes What Houses there Mr. Att. Gen. Did you know any Houses there formerly Hughes I know not what you mean Mr. Att. Gen. I ask you again do you know Foxes-lane Hughes Yes it was a Bank before it was built Mr. Powis Do you know the Lynches Mr. Att. Gen. Nay let us ask but one at once pray I will ask you a plain Question Did you know the Marsh before it was built upon Hughes Yes Sir that I did Mr. Att. Gen. How far did the Marsh-Ground go Hughes To Cock-hill Eastward as far as the broad Bridge Westward as far as Foxes-lane Mr. Att. Gen. Was that all Marsh-Ground Hughes The River of Thames did flow round about it and there were Boggs Trees and Bushes and such things Mr. S. Lutwich Did you know the place where Ratcliff-Mill stood Hughes According to report I did Mr. S. Lutwich Ay where was that Hughes Just at Bell-wharf Mr. S. Lutwich Upon which side of Cock-hill Hewes In Shadwell-Hamlet Mr. At. Gen. That is right Mr. Powis Was that like the other end of the Marsh Hughes The River came in there wholly Mr. S. Lutwich At high Flood doth the Water come in there at this time Hughes It did at every Tide high and low formerly now it is dam'd up L. C. I. Did the Tide come up to that you call Foxes-lane Hughes Yes L. C. I. Then that makes an end of the Question it cannot be as you say Mr. Att. Gen. How so my Lord L. C. I. How could it be an overshot Mill how could the Mill be turned but with the Tide Mr. Att. Gen. Their Evidence makes it appear such by the Leaden Trough which is an Instrument belonging only to an Over-shot Mill. L. C. I. Tell not me of the Leaden Trough Mr. Attorney look you upon the Survey you produced and take Notice of the last Paragraph and there you will find the Words Prox ' adjacent ' cuidam Tenemento c. What make you of that Mr. Att. Gen. Pray my Lord let it be read L. C. I. I will in the mean time ask your Witness a Question Friend thou seemest to be a Man that understands something Thou sayst Foxes-Idne was a Bank before it was built and the Tide before that time came up to that Bank both high and low Now suppose there had been a Mill in that Ground how should it have been driven Hughes I will tell your Honour my Lord by Report and I suppose it may be true the Mill stood all the Tide of Flood and when the Flood was at High-Water there was a Dam which kept it in and it went out again at Ebb-Tide and so the Mill was drove L. C. I. There is your Overshot Mill gone then Mr. Atorney Mr. Att. Gen. If ever Seven or Eight Acres of Gound can be the Appurtenances of a Mill I should much wonder L. C. I. Mr Attorney I can tell you of a Mill over against this Place which I my self and we all can
be read Mr. Sutton was it a Verdict upon full Evidence Sutton Yes Sir Mr. Att. Gen. How many Hours did it last Sutton Five or Six Mr. Att. Gen. Was there a View in it Sutton There was so L. C. I. Read it Which was done Mr. Holwell how much pray is the Land between Foxes-lane and the Mill Holwell Below the Lynches I find it to be Seven Acres and an half L. C. I. Can you expect then that all those Words of Gardens Orchards c. should be answered under seven Acres and an half Besides the first and ancient Reservation of Rent was 10 l. a Year after it was increased to 16 l. a Year and it doth appear the Mill turned to so little Account that it was pulled down and so the Land was to answer the Rent which for a ground-rent upon a Church-Lease in those Days was very great Have you done now Mr. Att. Gen. We have done for the present my Lord. L. C. I. What say you to it then for the Plaintiff Gentlemen Mr. S. Stringer May it please your Lordship and you Gentlemen of the Jury If we should give no further Evidence at all than what we have already given But leave it upon this I dare affirm it plainly appears that they have no Title at all to this Land As to their last piece of Evidence I would first give an answer to that and that is their Verdict and that which I would observe upon it and say to it is this it was a Verdict obtained upon forged Deeds Deeds found as is pretended and as you have heard from their two special Witnesses in a very extraordinary manner found in a Garret But by what Art prepared and that they are forged I question not but we shall give you Satisfaction But besides as to their Admeasurement it seems as they would have it 130 Acres is the Question about the extent of the Marsh. So much they claim and we shall bring two Surveyors that will give you an account upon their Oaths that between Foxes-lane which we say is the West Boundary of our Land and the East of theirs and Hermitage-Dock where the Marsh ends there is above 130 Acres and so they do not want their Number For all the Evidence that they have given out of Records we agree them to be as they say and by that Agreement shall do our selves no harm at all for they all do confirm our Assertion They place the Eastern Bound of the Marsh at Ratcliff-Town now at Foxes-lane doth Ratcliff-Town begin The Art has been to confound the Cause by puzling Boundaries when it is a plain apparent mistake they run upon and indeed I may very well say a wilful one too They would have us confine all to a Mill and a little Ditch when they are at least seven Acres always enjoyed with it and all called the Mill which had a Pond Gardens Orchards Tenements c. And now there are very large Drains necessarily made to keep the Water from annoying the Inhabitants and to carry it away But for a further Evidence of our Title we shall first prove that upon a Bill exhibited in the Exchequer by Mr. Attorney General against Stepkins their Ancestor to know what Incroachments had been made what belonged to the Dean of Pauls and what to Mr. Stepkins are fully set out There it is proved that the Bounds of the Marsh were Wapping-wall alias Foxes-lane The Marsh was continually overflown with Water but now in our Ground there was a great many Ditches and places to keep the Water for the Service of the Mill. When we come to build upon our Ground which was 15 Iacobi then it began then he brought an Action and did pretend that we did incroach the Wall somewhat into the Marsh there we had a Verdict upon a View and after a Non-suit upon full Evidence There was likewise a Bill exhibited in Chancery against Stepkins the Father wherein the Bounds are set forth and he in his Answer particularly enumerates the Boundaries And it has been constantly the Reputation of the Place that this was the Dean's Lands surveyed as the Deans Lands sold in the late Times of Usurpation as the Dean's Lands The first thing my Lord which they produced and that we did then and do now controvert is Carter's Lease this they say was found in the Garret and they bring two Witnesses for it But how they have behaved themselves what confusion there is in their Evidence you see L. C. I. Brother Stringer if you have any Evidence to give pray give that first and leave your Remarks till the last you shall then say what you will but first give your Evidence Mr. S. Stringer My Lord we shall pursue your Direction We say upon Foxes Building Stepkins surmising that the Wall belonged to him comes and brings an Action of Ejectment against Foxes Tenants for this Wall and upon Tryal the Verdict went against him Then there was another Action brought and he was Nonsuit upon that Afterwards there was a Bill preferred against him and in his answer he confesseth that his Wall Marsh bounded upon Foxes-lane Here are the Bill and Answer Which were read As likewise Copies of two Records one in the Common Pleas the other in the King's Bench. Hill 12 Jacobi Ejectment George Boswell Plaintiff against Tho. Fox Defendant Not-guilty pleaded a Verdict for the Defendant Mich. 14 Jacobi Ejectment William Sorrel Plaintiff against Tho. Fox Not-guilty pleaded and the Plaintiff became Nonsuit Sir Iohn Trevor My Lord we have this further Piece of Evidence we have here a Lease made by Stepkins of seven Acres of Land Westward of Foxes-lane which divides the Marsh from the Mill-Ditches and there is a Covenant that if he recover any part of Wall Marsh-Wall the Tenant shall have the Advantage of it and increase his Rent Which Lease bearing date 16 Aug. 13 Jac. Anno Dom. 1615. was read Mr. Williams This was in time between the Nonsuit and Verdict Mr. S. Stringer My Lord as I did open it there was an Information exhibited by Mr. Attorney Gen. Noy 7 Car. I. against our Tenants and theirs and upon that Information there were Examinations of Witnesses and all the Bounds of both Parties particularly set out which make it all as plain and clear as can be This cannot be set up to serve a Turn it was in 7 Car. I. so long ago and when that shews the Wall to be the Inheritance of the Dean of Pauls it answers all their pretence of a Lease L. C. I. Look you Brother that cannot be given in Evidence and I will tell you why if it were an Information against Stepkins himself he being the Party under whom they claim no doubt it were Evidence But it is against the Tenants of the one and the Tenants of the other who only could support their own Tenancies but they could not know their Landlords particular Titles and then this cannot be Evidence to bind their Inheritance
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
done Mr. Sol. Gen. We are not now my Lord examining what Duffett swore about Forgery or not Forgery but is not this Confession of hers an Argument against the Credit of her Testimony who now says she saw my Lady Ivy do so and so when she has confessed she could have Money to swear against my Lady Ivy. L. C. I. But Mr. Sollicitor if you will not apprehend the Question I cannot help it is it not the Husband that swears against the Wife Mr. Att. Gen. Do you know that Gentlewoman there Gibson Gibson I have heard of her L. C. I. Nay be not angry Mr. Solicitor for if you be we cannot help that neither The Law is the Law for you as well as me Mr. Sol. Gen. My Lord I must take the Rule from you now L. G. I. And so you shall Sir from the Court as long as I sit here and so shall every body else by the Grace of God I assure you I care not whether it please or displease we must not have our time taken up with impertinent things for I must say there have been as many offered in this Cause to day as ever were in any Cause that ever I heard and if all be not as some will have it then they must be in Passion presently The Court gives all due Respects and expects them Mr. Att. Gen. Have you any acquaintance with that Woman Gibson I have seen her a great while ago Mr. Att. Gen. What do you know of her what Reputation is she of Gibson I know nothing of her Reputation I know she was Mr. Duffett's Wife L. C. I. And so do we she tells us so What then Gibson I have seen her abed with Mr. Frogmorton and she told me she had then a Frog in her Belly Mr. Williams It seems then by having this Gentleman so ready they were aware of this too I suppose Mr. Neale brag'd of this too or else the guilty Conscience put them upon preparing for it But yet I think they do us no great harm by it Mr. Att. Gen. You will give our Evidence an Answer I suppose by and by But we will go on to the rest of yours As to the Bill and Answer in the Year 1629. In that of Iohn Stepkins it is said he makes the Bounds Eastward to be Foxes-lane But it is plain he that gives in that Answer was not acquainted with the Transactions of the Estate before his own time And if you consider the time of that Answer there was near Fourscore Years then past since the Lease made and so long it had been out of the Family rendering a Pepper-corn Rent and so the profitable Interest was only the Four Acres surrendered to him by the Tenant before the Licence to Alien And it appears not that he had any Notice of the Reversion But I observe in the Answer there is one Passage remarkable That there was a way time out of Mind that did part his Land and that which was reputed the Dean and Chapters Land Now that doth not tie it up to make Foxes-lane that same way but only says generally there was an old way which must be understood of the way down from Cock-hill to Bell-wharf So that I take it that is no conclusion upon us Nor upon the same Ground is that Lease made 13 Iacobi by Iohn Stepkins where he abutts his Land upon that Wall which is called Wall-marsh-wall and covenants to have the Rent increased if any thing beyond that be recovered For there was near Threescore Years to come then of this Lease and he had no pretence of Title to contest it at that time and so the Verdicts are all answered that way the Lease expired not till the Year 1680. Mr. Sol. Gen. Then my Lord for the Survey that they produce of the late times by Order of the Committee of Parliament for Sale of Church-lands how that should give a Title I do not understand It is the first time I ever heard of a Particular of Dean and Chapters Lands to be an Evidence when at that time there was no Dean and Chapter But that which is a clear Answer to it is this Winterburn who had the Lease from the Church did also claim under Marcellus Hall who had a Lease for Ninety Years That in time expired in the Year 1640. That Interest being then determined he gets these put into the Survey which it was his interest to do as the Inheritance of the Church which would gain him a Fee Simple upon his Purchase he concealing the long Lease and they being so long in Possession whereas otherwise he could only have an Estate for Years and it appears all the Deeds were in his Custody at that time For the other Witnesses that speak to the Wall that we must leave to the Juries Consideration upon the Ballance of the Evidence For with Submission my Lord taking the Evidence as it stands together if that Lease of Marcellus Hall be a good Lease these several Conveyances we produce are supported and do explain that He surrenders four Acres which are the Lands that are afterwards conveyed to Fox which is mentioned in the deed of his Surrender to be the Green Hilly Bank and that was the Boundary of the four Acres but what becomes of the other seven Acres and an half they have given no account of it hitherto But surely my Lord upon that first Survey I take it there is a strong Evidence concurring with our Assertion for that saith the South Boundary of the Dean's Lynches is Wall Marsh now then if there be seven Acres to go forward from thence that just reacheth up to Cock-hill And all the other Bounds plainly concur with ours and upon the perusal of the Survey which it is consented to on both sides the Jury shall have with them I believe they will be satisfied our Bounds and that agree Upon the whole Evidence I submit it for the Defendant We have done my Lord. Mr. Att. Gen. Only I would ask Mr. Sutton a Question whether the Bill and Answer now given in Evidence were not given in in Evidence at the last Tryal Sutton Yes it was Mr. Att. Gen. And yet the Verdict went for us then as I hope it will now L. C. I. Have you all done Gentlemen Will you say any thing for the Plaintiff Mr. Williams No my Lord we leave it to your Lordship and the Jury L. C. I. Then Gentlemen of the Jury This Evidence has been very long I think the Tryal has held us as long as any Cause that ever happened in Westminster-Hall of this Nature I mean except one this many Years I think we met with but one in all our Books that held near so long That indeed was rather something longer the famous Cause of Colt in this Court but besides that I never heard of a Cause of this length before But Gentlemen it is a Cause of Value and a Cause of great Weight and Consideration it hath
depended in the Evidence of it upon abundance of Circumstances so that it may be impossible for me to remember all the Evidence that has been given But as neat as I can I will give you what Assistance I am able in recollecting what has been said on both sides Some of you I have observed have taken Notes and that will save me and you some trouble I will give you a Scheme fairly of that which is the Question And it will be very much more ease to you because you have had a View of the Matter than can be thought I can make it by any Direction of mine The Question in short is Whether seven Acres and an half of Land now built upon to a very great value as the Witnesses say 2000 l. a year lying on the East-side of the Lane that is called by the name of Fox's Lane betwixt that and the Mill called Ratcliff Mill be part of the Marsh that formerly belonged to the Family of the Stepkins's or whether or no that be not part of the Dean and Chapter of Pauls Inheritance If it belong to the Dean and Chapter of Pauls then the Issue is with the Lessor of the Plaintiff but if it be the Inheritance of the Stepkins's and part of the Marsh-land and was so according to the ancient boundaries then the Issue is with the Defendant The Plaintiff comes and shews for his Title First That this was all along enjoyed under the Church of Pauls Leases Knowles who formerly did receive the Rents of the very thing in Question till 77 before this Question says in his Testimony he received them in the Right and on the behalf of Mr. Neal who claims by Lease from the Dean of St. Pauls That is not sufficient to maintain his Title but they come and shew the Original and in point of time 5 H. 8. they say that one Dean Collett made a Lease of the Lands in Question for 45 years And to prove this a Book is produced to you wherein there is a short Entry made which takes no notice at all of any thing more but that there was such a Lease of a Mill in Shadwell with the appurtenances But upon their producing that Writing it is found to be a Paper Writing and there was an Objection and a material one made upon the Face of the Thing it self For there were two places that seemed to be suspicious as made directly to humour an Evidence of such a Lease in 5 H. 8. having Dr. Collett's name inserted who hapned to be Dean of Pauls at that time Whereas Nowell was originally the Name that was set there with the same hand that the other part of the Writing was Thereupon it came to be enquired into how it came to pass that Nowels Name was struck out and Collets put in That seemed to insinuate as if this was contrived on purpose to shoar up an Evidence and humour the time For it could not be imagined that Nowell should come to be Dean when that Lease was made who was not Dean till so long after in Queen Elizabeths time as I take it Now had this Objection met with this Book alone it would have made the Evidence Lame and they would have been thought to have set an ill Leg forwards But to take off that they come after and shew a Parchment Scrole which takes notice likewise of such a Lease And their Officer Spencer says he had seen that Scrole many years and so it could not be a new thing for this purpose It is an old Rental or some such thing in time in some short time after where is mention made of a Lease by Dean Collett 5 H. 8. for 45 Years which humours the time exactly and supports the Credit of the other Evidence This is that they give as an Answer to that Objection It might be a mistake as to the Name but this will shew that it was not a contrived matter for this purpose The next Peice of Evidence they go to is 5 Ed. 6. and for that time they come and produce Leases those that are at least in Law evidences of Leases and those are the Church Books Ancient Books that have been always read and allowed for Evidence And thereby they shew that one Dr. May then Dean of St. Pauls viz. 23 Feb. 5 Ed. 6. did let the Lands in Question to Ioan Hall and Marcellus Hall and he let it as the Dean and Chapter of Paul's Lands for 45 years at the Rent of 10 l. a year Then they tell you in the 2d and 3d of Phil. and Mar. 10 December one Deane Fecknam takes notice of the former Leases and lets it to Marcellus Hall and that is for 90 years wherein there is the Old Rent taken notice of and some Increase made And there is in that Lease a Covenant to repair the Mill and that has given a Rise to something that makes part of the present Question which they that are for the Defendant call a License to remove the Mill. You Gentlemen will have the Deeds with you and are to judge of them The Leases from 5 H. 8. to this Dean Fecknam are only Leases made for years and by reason of these Leases for Years and the long Lease which they pretend to the Defendants Counsel insist upon it that they could not be let in to controvert the Plaintiffs Title for the last Lease for 128 years from Stepkins to Hall expired in time but in the Year 1680. Now say the Plaintiffs Counsel and they produce that which is very material in the Case 5 Aug. 1636. This was then let to one Mary More the Relict of one Adrian More formerly the Assignee of the Lease that came from Dean Fecknam to Marcellus Hall And there instead of continuing it a Lease for Years he lets to Mary Moor in consideration of the former Leases and turns it into an Estate for three Lives So far then was the Dean of Pauls from apprehending himself to be but Lessee for Years that he takes upon him to create Freeholds which only he that has the Inheritance can do They go on further and tell you That in 1640. the same Dean of St. Pauls she having sold her Interest to one Whitwick and Winterburn there is a new Estate made to them for three Lives These continue in Possession under that Lease till Mr. Neal purchased in their Interest and his Grace of Canterbury then Dean Sandcroft he made another Lease to the said Mr. Neal for three Lives and there is a great Increase of Rent 80 l. during the Life of one of the former Surviving Lives and then to 100 l. Then comes the Lease made to the now Lessors of the Plaintiff by this Reverend Divine that is here now Dr. Stillingfleet the present Dean of St. Pauls at yearly 240 l. And this is the substance of the Evidence first given by the Plaintiff For his Title which is underneath that last Lease of Dean Stillingfleet which they say
is a good Title and in case it doth appear that the Lands are the Inheritance of the Dean of Pauls ' it is not controverted by the Defendants but that the Plaintiff must have a Verdict for him But say they which are for the Defendants this is not their Inheritance but the Defendants and to prove their Objection they produce abundance of Deeds of which as well as I can I will give you a punctual and particular account For with all the faith and fidelity I can I will give you the Substance of what has been said on both sides First It is not to be doubted for it is beyond all Contradiction plain there were 130 Acres of Marsh-land Lands covered with Water which one Vander-Delf a Dutchman undertook to Drain and had an Act of Parliament made Anno 27 H. 8. to encourage him for his endeavours to drain it giving him the one half That Act of Parliament is produced and it is there said to be 130 Acres Now you are to take notice of the boundaries of this Marsh-land as making the state of this Question The Act of Parliament bounds the Marsh upon the Hermitage or such a Mill called Grash-Mill upon the West It is bounded on the High-way leading to Ratcliff on the North which is called Ratcliff High-way to this day it is bounded to the River of Thames on the South and it is bounded upon the Town of Ratcliff towards the East Afterwards in H. 8 ths time comes in Richard Hill who was owner of some part of this Marsh Vander-Delfs moiety and he in time 32 H. 8. became indebted to one Salvago and another and there he comes and acknowledges a Statute to them for their Debt And because I would have you have all things before your view that were done at one time in the same Year there is a Mortgage made of the Lands of Richard Hill among which they for the Defendant apprehend are comprized the Lands in Question as Marsh-land to Salvago for the payment of their mony and in that Mortgage the same words are made use of for the boundaries as are in the Draining Act. This to derive their Title they produce to shew that there was such an Ownership and such a Mortgage Then they tell you that 37 H. 8. the same Richard Hill he goes and divides some part of these Lands that is to say Eleaven Acres and a half and that he conveys away by Lease for 34 years to Marcellus Hall whom I name the more particularly because it is a Name that has been much canvassed and gives a Countenance to the Title on both sides Now in that Deed whereby this is thus conveyed to Marcellus Hall there is no notice taken particularly of the Eastern boundary to be the Mill or the Mill-bank or the Hilly-bank Now say they the Mill was just upon the Point hard by that place that is called now by the name of Cockhill and so that Boundary doth take in the thing in Question the seven Acres and an half because that Deed takes notice of the Mill Hilly-bank or Way In the next place they offer you this for Evidence that in 6 Ed. 6. the same Richard Hill for 130 l. sells his Land to Thomas Stepkins And when it comes to convey the Inheritance to him it is laid to be under the same boundaries as are mentioned there bounded on the Hilly-bank or Mill-bank Eastward Now say they that sheweth plainly that still the Mill was the thing that was intended to the Boundary and there being seven Acres and an half of Land between the Mill and the Western bounds those seven Acres cannot be construed to extend to a Mill with the Appurtenances but rather it is to bound upon the Mill and include the Lands then to have the Lands go with the Mill. They proceed further and say that Tomas Stepkins the same Year did for 50 l. let this to Marcellus Hall for 128 years at a Pepper-corn Rent which Lease expired but in 1680. and till now we could not come to litigate that Matter because he had made such a Lease But then I am to take notice by the Way and so must you into the Bargain there is another boundary made there abutting on the Well there called Shadwell and the way leading from Shadwell to the Lynches After this they come to tell you further that Marcellus Hall 22 December 2 and 3. Phil. and Mar. let a Lease to Carter and that was for 20 Years Now you are to take notice that in this Lease of Carters there is notice taken of a Mill and about an Acre of Land thereto belonging very carefully put in And that say they sheweth that your Boundary could not extend to so much as seven Acres And to back that Evidence they shew you a certain Survey taken in Queen Elizabeth's time concerning the Mannor of Stepney which you are by consent to have with you and you will do well to consider it well in your Perusal of it And now comes the main Deed. Say the Defendants Counsel it falls out that you are but Lessee under Marcellus Hall who was Lessee under us and was obliged in a particular Covenant that he should not let any part of this Land without the License of our Ancestor Stepkins who made him such a long Lease But it hapned he had a mind to let some part of this Land to the Dean of Pauls from whom he had a Lease of the Mill. And accordingly he had a License from Stepkins so to do which say they is the reason why they come to lay claim to our Land This they take notice to be in time 16 Nov. 2 and 3 Phil. and Mar. When I must tell you by the Way that the first Lease pretended by them to be made to Marcellus Hall is the long one 6 Ed. 6. by Thomas Stepkins so that Marcellus Hall came to be Lessee under the Dean and Chapter before he had any Authority or Interest from Stepkins nay before he had any Lease from Hill Mr. Att. Gen. My Lord if your Lordship pleases to remember Marcellus Hall did take first by Lease from Richard Hill in 37 H. 8. L. C. I. Pardon me Mr. Attorney I did not Misrepeat it I say he first had a Lease from the Dean and Chapter M. Att. Gen. That was of the Mill only L. C. I. That is contented and the very gist of the Question Mr. Attorney how much is comprehended in that Lease But to go on with the Defendants Evidence Then in Novemb. 2 and 3 Phil. and Mar. is the Deed to Roper of which I shall have occasion to say more anon In 5 and 6 Phil. and Mar. comes Iasper Hill the Son of Richard Hill the first Owner of the Land and that entred into the Statute to Salvago he makes a Conveyance to Macheline Stepkin Thomas's his Widow and Iohn Stepkin his Heir Mother and Son upon which afterwards there is a Surrender made by Marcellus Hall to
should not see the Witnesses to it it was so precious and tender a thing But alas it is all melted down and gone of a sudden without any Consideration at all whatsoever and she can readily join with Sir Charles Cotterell to settle this upon Mrs. Duffett the Lady Salthill's Daughter and enter into Bond not to disturb the Enjoyment Then there comes another Evidence and that is the Gentlewoman Mrs. Duffett who it seems they would have to be a loose sort of Creature but methinks she has a good round Oath upon her Tongue for she does directly swear that she was present and saw Mr. Duffett her Husband Forge that very Mortgage Sir Charles Cotterell speaks of that my Lady Ivy directed it and gave her order to put Saffron in the Ink to make it look old that she saw him writing in a Parchment which he told her was Glover's Lease and other things and all for my Lady Ivy. Nay she tells you my Lady Ivy was so extraordinary an Artist at the managing of such an Affair that this Master-Workman Duffett was not so dextrous at it as she for he could not write the first great Letters of the Names that were to be put to the Forged Deeds but she did that her self and the rest he did How far she is to be believed I must leave to you you hear what is objected against her about the Frog in her Belly and I do not know what whither that will take off the Credibility of her Testimony I leave to you She doth give a very free and large Account how they used to order their Matters to make the Ink look Old as I said they put Saffron in it Then they rub'd the Outsides of the Deeds in Dirty Windows and after that used to lay them in a Balcony for the Rain to come upon them in the Nights and to dry them in the Sun or by the Fire to shrivel them up And this she says was their Method and Process they used All which the Plaintiffs Counsel urge to shew the Probability that these Deeds of theirs are forged Then they tell you which is yet somewhat more to strengthen her Evidence there is a Woman that tho' she speaks out of Mr. Duffett's Mouth and that can be no Evidence against my Lady Ivy yet says she received from him a Parcel of Letters which are sworn by Sir Charles Cotterell to be all of my Lady Ivies own Hand-writing which Letters have been read to you and they shew a great familiarity between my Lady Ivy and Mr. Duffett a great Care and Concern for the promotion of this Duffett the Gentlewomans Husband and of some Deeds that were likely to be thought New and Suspected and she tells him at the latter end of one that she is sollicitous till the trouble be over But she was resolved to set on foot Sir William Salthill's Mortgage and if that thing did go well he should have half That supports the Credibility of the Womans Testimony but besides that there is another thing that looks very untoward because Mrs. Duffett doth directly swear that out of the 1000 l. paid my Lady Ivy by Sir Charles Cotterell 200 l. was paid and given to her Husband and Mr. Sutton forsooth had 200 l. more For what service I wonder must my Lady Ivy be so liberal to Mr. Sutton and Mr. Duffet Let Mr. Sutton shuffle and rouze himself as he pleaseth it will stick upon him and I must confess it looks untowardly his getting my Lord of Salisbury's Lease to pick Notes out of it and then to have such a Mortgage trumped up in this manner It is very rank I assure you This is the Substance of the Evidence that has been offered by the Plaintiff to prove and induce you to believe these Deeds forged Now in Answer to this they on the other side would offer that Sir Charles Cotterell's Evidence is a surprize upon them they say they have such a Writing and such and such Deeds Glover's Lease and Salthill's Mortgage but they are not prepared to give such an Answer as they would have done had they had notice Here has been likewise great struggling and striving to have the Verdict read to overthrow Mrs. Duffetts Testimony but that cannot be allowed to be given in Evidence between these parties Then they would have read her Husbands Oath he being Dead but that is no point of Evidence at all neither for in case the Man were alive it would not be Evidence what he should have heard his own Wife say If both of them indeed had been here together and testified against my Lady Ivy it had been good Evidence or they both might have testified for her But by the Law the Husband cannot be a Witness against his Wife nor a Wife against her Husband to charge them with any thing Criminal except only in Cases of High Treason This is so known a Common Rule that I thought it could never have born any Question or Debate This is the Substance of the Evidence on both sides as near as I can recollect it save only that which indeed I should have mentioned before the Defendant have produced an Exemplification of a Verdict obtained the last Michaelmas Term. To which they for the Plaintiff Answer We were not prepared to answer your Deeds which were very new surprizing and unexpected to us We have now given new Evidence that we never gave then and it was a Verdict obtained by surprize We now shew our Boundaries better than we could then and so that they make to be the result of the whole matter Now upon the main after this very long Evidence tho' the Case has been darkened as much as ever any Case could endeavoured to be and tho' the Event of it be a matter of considerable Value yet the Matter of Fact is as clear as the Sun at Noon-day and a plain point of Fact it is and must depend upon If we do admit all their Deeds to be good Deeds without any consideration of the Forgery pro or con yet if the Mill-Ponds Ditches Orchards Gardens c. can be taken to be seven Acres then the Boundaries upon the Mill or Hilly-Bank which may well be Foxes-lane that will answer both the Deeds of the Plaintiff and of the Defendant And tho' never so many Houses be built upon it it will signifie nothing in the Case And that it is so whereas the Defendants Surveyor swears that 130 Acres will not be made up without the Lands in Question the Plaintiff has brought two Surveyors that swear there is full 130 Acres and more without them So you have two Surveyers on the one side and one on the other and you your selves have viewed it After this long Evidence Gentlemen you have had as good an account of the Substance of it as I can by my Notes and Memory recollect If any of the Gentlemen that are of the Counsel for the Plaintiff or for the Defendant do think I have
Father Iohn Stepkins Esq in his Answer to a Bill preferr'd against him by the â—â—â—ches Lessee about 1629. then in quiet possession of Wall-Marsh-Wall but Claiming some Houses Westward 〈◊〉 Foxes Lane and therein setting out also the Deans Title in Fee to the Mill with its Appurtenances in Ratcliff 〈◊〉 to settle the Boundaries on his Oath had admitted that the Dean of St. Paul's was seized in Fee of the said Water-Mill with its Appurtenances which was this very Land and that Wall-Marsh-Wall did anciently lye between the Mill-Ditch and his Land in Wapping and that the Lands of the Dean and Chapter are divided from 〈◊〉 Land and have been so time out of mind by a common Way or Passage and that was Foxes Lane which 〈◊〉 that the Marsh and so Stepkins's Land ended there and that it was the Dean's Land that lay Eastward of Foxes Lane c. And also Note The aforesaid Answer was perused and Signed by Sir Iohn Brampston deceased Unkle and Trustee to the 〈◊〉 Stepkins and Executor to his Father and who had the Custody of the Writings which concerned that Eâ—â—â—te and is the pretended Witness to the so much talkt off Glovers Lease being the Chief Deed that gives â—olour to the Lady Ivy's Title to the Batemans and Whichcot's Land by her gotten in Wapping and yet never was â—â—ard of till wanted in 1675. and then luckily found where Lost by Lady Ivy herself FINIS The Lady Ivy HAving thought fit some short time before Easter-Term 1687. to cause to be printed and published a Paper intituled An Abstract of the Title to the Lands in Wapping Marsh and other Places near adjoyning belonging to the Mannor of Stepney or Stebonheath called Ewell alias Tile-house thereby making Title in general to more Ground great part of it built than the City of London stands upon but particularly to none of the Lands in question She affirms That the 14th of Iune 1573. 15 Eliz. Iohn Stepkins one of her Ancestors being indebted to the Queen as Surety for William Patent in the 19th of Eliz. Stepkins's Lands were Extended and that therein are exprest most of the Lands mentioned in the Extent of 4. Eliz. taken out against Richard Hill's Lands upon a Statute entred into by him 32 Hen. 8. being 113 Acres and particularly all the Lands now in Dispute which is confidently affirm'd but very untrue for in the Deed from Stepkins to convey all his Lands to the Queens Trustees and in the Extent 19 Eliz. and the Lease from the Queen to Alice Stepkins and the Release from King Iames 7 Iac. to Iohn Stepkins all the particulars of Stepkins's Lands are Enumerated and the Tenants names whereof there was but a few Acres lying in the Marsh mention'd as convey'd to Trustees for the Queen and fifty Acres only Extended being all they had in Wapping-Marsh at that time but not the least part of the Lands in dispute named they being all that time and long before and ever since in other mens possession under whom Sir Anthony Bateman and the Trustees for Rebecca Whichcot purchased And lest the World should by the said Paper be made to believe that the Lands in question were as part of the Land then belonging to Stepkins assigned to the use of the Crown and there remained till 1609 and so must have been Stepkins's Land at that time The Creditors of Sir Anthony Bateman have thought fit to print so much of their Title as remains on Record to Ten Acres of Freehold and Twelve Acres of Copyhold Land as have also the Heirs of Rebecca Whichcot to above Three and not exceeding Four Acres all lying in Wapping-Marsh and desire the Readers to take notice of the Boundaries in the old Deeds by which this Land is described exactly answered by the Lands in dispute And that several of the Sales made on Record of the Freehold and Surrenders also on Record of the Copyhold were made during the time that the Estate of the Stepkinses did remain in the Crown and so cannot be reasonably thought to have been any part of that Land The Creditors Title to Ten Acres of Freehold Land JOhn Nelthorpe and Elizabeth his Wife Daughter and sole Heir of Iohn Starkey conveys by Deed enrolled to Richard Sleford and his Heirs all those Ten Acres of Marsh-ground with its Appurtenances in Wapping-Marsh in the County of Middlesex between the Lands late of Iasper Hill and Gravel-Lane on every part These Lands lye butting on one side on Gravel-Lane and on the Copyhold late Hill's on the other Iasper Hill being the man that last surrendred the same even to one of the Stepkinses but the 4th of Eliz. before as appears by Copy of Court-Roll on Record 5 Eliz. 1563. A Fine by Nelthorpe and his Wife pursuant to the Deed. Richard Sleford sells the same Ten Acres to Henry Tailford but butts it as it did at that time West on Gravel-Lane Eastward on Glascock's and North on Stukeley's Land The Land late Hill's was 23 Eliz. surrendred to Glascock as appears by the Copy and that the North Buttal was on Stukeley's Land appears by the Sale Stukeley made of Land lying North of it 4 Iacobi enrolled There are two Gravel-Lanes one called Old Gravel-Lane the other New Gravel-Lane between which all the Land now in question does lye but that Old Gravel-Lane on which these Lands Abutt West was the Gravel-Lane meant by these Deeds is plain for that New Gravel-Lane was a Rope-Walk long since the memory of many alive and sold by Lady Ivy her self with the Land on each side of it to Brian Harrison Trustee for William Wood by Deed enrolled Dated the first of Iuly 1658. by the Name of Three Acres heretofore used for a Rope-ground and now converted into a Street called New Gravel-Lane Henry Tailford had a Daughter who was his Heir and married Iohn Crosse who so became seized thereof A Recovery per Crosse and his Wife Crosse and his Wife levied a Fine to Bennet Richard Bennet and Lettice his Wife levy a Fine to Richard Glover Richard Glover settles by his Will these Lands among others on his Son Richard who dying about 1646. left a Son whose Name was also Richard Richard Glover the Grandson's Conveyance enrolled to Sir Anthony Bateman and others of the Premisses among other things in Trust to pay Debts and a Lease of five Acres part of the Lands in question from Richard Glover to Aaron Williams for fifty years from 1630 at 20 l. yearly recited in the Schedule to it which Lease Lady Ivy purchased in 1659. for about 2000 l. and so got the possession of it See her Answer to Sir Robert Cotton's Bill put in in 1676. Smith Harrington Anthony Bateman and Richard Glover the Grandson levy a Fine to Tirrill and Harris Trustees for Bateman A Deed enrolled reciting a Deed from the Parties to the aforesaid Fine to Tirrill and Harris the 20th of Iune last
Deed whereby Jasper Hill Son of Richard Hill sells all his Lands about Ninty two Acres in the Marsh and County of Middlesex to Machelin and John Stepkins and their Heirs and is the Deed whereby Lady Ivy in Easter-Term 1686. Claimed these Lands without producing the foregoing Deed of the 23 d Mar. 5 Edw. 6. but in Easter and Trinity Term 1687. Lady Ivy to make Title to these Lands produced that of the 5 th Edw. 6 th without bringing out this at all And that Jasper Hill by Fine and Recovery 3 Eliz. and by Deed 12 th May 4 Eliz. conveyed Twenty Acres of Land and a Hundred Acres of Marsh in White-Chappel Stepney and Wapping to Macheline and John Stepkins and their Heirs Richard Hill having the 3 Dec. 32 Henry the 8 th entred into a Statute to one Vivald and Salvago all the Lands which he was possest of after that time being One hundred and thirteen Acres were extended and among them the Lands in question and that that Extent was purchased in by Stepkins A Presentment of Sewer's finding Twelve Acres in possession of Walthall and Woodcock as the Freehold of Stepkins and part of the Lands in question John Stepkins as Surety for William Patent Covenanted to pay to the Queen 7928 l. 7 s. 11 d. ½ and to secure it levied a Fine and conveyed an Estate to Trustees for the Queen in which Conveyance inter alia is mentioned Four Acres of Meadow with a Pond and Island in the possession of Alice Woodcock which Lady Ivy's Counsel do say is the Ground now called Pruson's Island And the said John Stepkins at that time did give Bond to perform Covenants which Bond being forfeited in the 19 Eliz. the rest of his Estate was extended and not released till 7 Jacobi 1609. and then restored to the Stepkinses again And Lady Ivy in her printed Paper affirms that most of the Lands in the Extent 4 Eliz. are mentioned in this and particularly all the Lands in dispute and thence would infer that these were Stepkins's Lands at that time and if so ought to be hers now The Answer to it THE Act of Parliament was undoubtedly so ◠and only shews there was a Hundred and thirty Acres to be Drained and that Richard Hill having purchased Vanderdelfe's interest was to have one Moiety of it This Lease if really true only shews that Richard Hill had Land there which it may be he had and probably he or his Son Iasper might after sell it to Iohn Starkey under whom it is claimed now before they sold any to Stepkins at all This if true purports a most absolute sale of all the Lands Richard Hill had in the County of Middlesex and yet the said Richard Hill the 20◠Oct. 6 Edw. 6. by his last Will and Testament settles the Lands he bought of Vanderdelfe of which by the Deed this appears to be part on his Son Iasper Hill with several Remainders over in Tail which 't is not likely he would have done had he sold it away before and as a very good Argument that it was so Entailed by Richard Hill's Will there appears on Record a Fine and Recovery suffered by Iasper Hill Richard Hill's Son to Machelin and Iohn Stepkins of Twenty Acres of Land and a Hundred Acres of fresh Marsh in White-Chappel Stepney and Wapping the 3d of Eliz. which had been needless had it not been so Entailed and is an Argument that Stepkins bought nothing of Hill till that time And yet in Trinity-Term 1684. in a Cause 'twixt the Dean of Saint Paul's London and Lady Ivy about Shadwell Lands a Deed was then given in Evidence Dated 16 Apr. 6 Edw. 6. whereby Richard Hill sold Twenty four Acres and all the Lands he had in Stepney and Middlesex to Thomas Stepkins But this Deed having had the misfortune to be markt as found and Sworn to be so with a long Lease of a Hundred twenty eight years and other Deeds among the Writings of the Churches Lessee it was not believed then and one of the Witnesses that swore to the so finding those Deeds was Perjur'd upon 't and stood in the Pillory for it and some of the said Deeds were then left in Court by Rule of which Dated Iune 1687. upon an Information against Lady Ivy for it a Trial is ordered next Term. Note Lady Ivy's Wapping-Estate came intirely into her power to sell and dispose of it in 1655. and when her Ladiship in 1656. sold Land in Wapping to Mr. Arlibear and in 1658. to Brian Harrison Trustee for Mr. Wood Copies of this Deed were given them by which it appears if they were rightly taken that Livery and Seisin was Endorsed on the back of that Deed the 20th of Nov. in the 5th and 6th year of Philip and Mary and 't is notoriously known that Queen Mary died the Seventeenth of that Month and that Queen Elizabeth was proclaimed the same day This is not denied to be true and is a great Argument against the Truth of the foregoing Deeds it being not credible that this Fine was levied in pursuance of either of those Deeds it being done so long after and there being also a Deed by Lady Ivy's own shewing dated the 12th of May following 4 Eliz. to convey the Lands in that Fine comprized but that Deed not naming the Lands in question was neither produced in Easter-Term 1686. nor in Easter nor Trinity-Term 1687. but was in a Trial in Trinity-Term 1684. but 't was in another cause and the contents of it took at that time This Extent was undoubtedly made but affects not at all the Creditors nor Iolliff's Title for the Ten Acres of Freehold Land that was Nelthorp's in right of his Wife sole Heir of Iohn Starkey in the 10 Eliz. and Pruson's Island might have been we do not say 't was Richard Hill's since the 32 Hen. 8. and yet no part of what was sold to Stepkins the 3 Eliz. and for the Twelve Acres of Copyhold 't is plain it was Richard Hill's and by his Son Iasper sold to Iohn Stepkins under whom the Creditors by uninterrupted Surrenders all along down on Record do make out their Title to it It seems to be very much and in many places razed and not legible and is not produced by the hands of the proper Officer That Iohn Stepkins as Surety for Patent being in Debt to the Queen made over his Estate to Trustees for her use and that 't was after Extended and not released till 7 Iac. is true But Note in the Conveyance to the Trustees for the use of the Queen there is but a very few Acres mentioned as lying in Wapping-Marsh and in the Extent and Lease to Alice Stepkins by the Queen 19 Eliz. Fifty Acres in Wapping-Marsh only are mentioned which seems to make out that Stepkins had no more there at that time and among those none of the Lands now in question are any way named or described For as for the
Four Acres of Meadow with a Pond and Island in the possession at that time of Alice Woodcock it may with much more of reason be taken to be the Four Acres of Land with the place where there was then both a Pond and Island lying East of Pruson's Island whereof Three Acres was sold to Brian Harrison Trustee for William Wood 1658. and the rest to Mr. Arlibear in 1656. both by Deeds enrolled by Lady Ivy her self Besides had these Lands now in question been then so convey'd to the use of the Queen and extended and so remained till 1609. 't is not to be imagined that they could during that time have been sold as plain 't is they were on Record by Sleford to Tailford the 24 Eliz. and by Cross to Bennet the 43 Eliz. of whom Richard Glover bought and several Surrenders were made of the Copyhold Land in that time and particularly that to Richard Glover under whom the Creditors claim in 1603. As were also the Sales by Peter Osborne to Woodshaw 25 Eliz. 1583. and by Iames Woodshaw to Richard Glover 3 Iac. 1604. under which Pruson's Island was quietly enjoyed till 1679. and under which the Heirs of Rebecca now Claim To Answer the Possession Lady Ivy says That 14 Eliz. 1572. John Stepkins Demised Twelve Acres and other Lands of which these were part with an Island and Pond to Anthony Walthall and John Woodcock for 62 years And that 44 Eliz. 1602. Walthall and Woodcock mortgaged the same to Richard Glover That Anthony Walthall and Thomas Woodcock Son of John surrendred and released to John Stepkins That Richard Glover being in possession under the Lease to Walthall and Woodcock and one Pruson claiming some Interest under Glover they both released to John Stepkins John Stepkins demises the Premisses in question inter alia to Richard Glover for Fifty six years at a red Rose for the first Ten years and after that at 20 l. yearly payable to Mr. Stepkins his Executors and Assigns and the Rent being so reserved and not to his Heirs the Counsel for Lady Ivy says It was not payable to his Heirs and so ceased but that 120 l. was paid for the first six years to Lady Ivy's Father as did appear by Whitfield her Fathers Steward's Book of Accounts which had been produced at a former Trial and allowed as Evidence but was since burnt in the Fire at Wapping Sir John Brampston swore he believed 't was his Fathers Hand that was set as a Witness to it and Serjeant Brampston in his Deposition taken 1675. to perpetuate his Testimony swears so too and that about six or seven years before his Examination in 1675. looking among Lady Ivy's Writings left with him by his brother Sir John who was Executor to his Father he did find a Deed with the Name Richard Glover set thereto as a Party but did not then read the same but believes the Deed on which he was examined being the said Fifty six years Lease was the same Deed he so found and on the Suit with Bateman did deliver many Writings and Evidences to Lady Ivy and advised her to read them over and that among them she told him she found this Fifty six years Lease and in her Answer to Sir Robert Cotton's Bill put in against her 1675. she also swears she so found the said Lease in May 1675. and does acknowledge in that her said Answer that she did not know of the said Lease nor of the Rent thereon received And yet as A farther proof of this Lease it having been sometime sworn that one Duffett said he was making a Writing he called Glover's Lease about 1671. Lady Ivy to shew 't was known in 1664. and if so could not be made in or about 1671. does produce A Deed wherein the said Lease is recited being a Conveyance executed by Sir Thomas Ivy and his Lady of the Inheritance of five Acres of Land on which Kingstreet in Wapping is built to Edward Burtbee and Edward Temple in Trust to secure 800 l. to Sir Thomas Ivy by 100 l. yearly till Principal and Interest paid with a Covenant to levy a Fine And to prove this Deed she produced Edward Burtbee himself who swears very home to the matter and says he was Party to it but the Witnesses are all dead A Fine was levied to Burtbee and Temple of Five Acres of Land in Stepney and Middlesex And that under the Lease to Walthall and Woodcock for Sixty two years and this Lease thus taken of John Stepkins by Richard Glover for Fifty six years All the Possession of such as have claimed all along under him has been Several Verdicts and in favour of the foregoing Title are by Lady Ivy produced and as a very great Argument of the truth of her Deeds is alledged the very great difficulty of making so many as there must have been made if any there be in her Case If there was such a Lease as per contra made by Iohn Stepkins to Walthall and Woodcock for sixty two years from 1572. and that the same was made over to Richard Glover in 1602. 'T is very strange that the said Richard Glover if he had no other Title but that Lease at that time should presume to let Leases of Lands therein comprized as he really did to Pruson and Watts for Terms that would not expire till long after that Lease an Enjoyment went with them and much stranger it is that they should accept of such Leases and consider his Title no better it being Building-ground on which they laid out their Estates Besides if Walthall and Woodcock mortgaged the same to Richard Glover in 1602. and that he was in possession of it under that Lease in 1619. as the Surrender made by Pruson and him of it shews he was till that time how came Anthony Walthall and Thomas Woodcock to have it to surrender or release to Iohn Stepkins 1 Nov. 1613. which Serjeant Francis Brampston swears was the date of that Release And if Walthall and Woodcock had it to surrender and did surrender it in 1613. to Iohn Stepkins how came Glover and Pruson to have it again to surrender in 1619 This is very strange if true Note The Release dated in 1613. was produced when the following Fifty six years Lease first was in 1675. and the other Release not till some years after when discovered it was that Richard Glover was possest of that Land all the time between 1613. and 1620. so that the first Release was not late enough to justifie the making of the next Lease for fifty six years Against the probability of the truth of this Lease Note Likeness of Hands and payment of Rent no better proved than per contra without any thing else is but a slender Testimony to support a suspected Deed which this may deserve to be for the following Reasons 'T is not pretended 't was known to Lady Ivy till found by her when wanted in 1675. and if
such an Inheritance Deed made and assigned in Trust for Sir Thomas to Burtbee and Temple at that time and no notice in that Controversie be taken of it at all considering also that that Lease was at that time within Nine years of expiring and also not worth any thing had the Fifty six years Lease been true And farther to demonstrate that it cannot be with reason believed that the Fifty six years Lease from 1620. could be recited in a Deed made in 1664. that was perused by Serjeant Brampston and he a Witness and Lady Ivy a Party to it Note Serjeant Brampston when examined for Lady Ivy in this Cause in 1675. to perpetuate his Testimony being in the fourth Interrogatory asked When and how long it was since he FIRST law the Counterpart of the Lease explained to be this Fifty six years Lease in the second Interrogatory and where and among whose Evidences Papers and Writings he did FIRST see the same in answer deposeth That having several Boxes and Bags of Writings to him delivered by his Brother Sir Iohn that were in the possession of Sir Iohn Brampston his Father at the time of his death to be by him kept he was desired by one Sir Charles Stepkins about six or seven years since to search among the said Writings for the Counterpart of a Lease made to one Bourne and that upon this Deponents THEN searching he did find a Deed with the name Richard Glover as a Party set to it but saith he did not THEN read the same and that these Bags and Boxes of Writings he after delivered to Lady Ivy and among them she told him she found this Lease Now if Serjeant Brampston swears true that the FIRST time he found which in common Speech is as much as to say he knew not of it before a Deed under Glover's hand which might well be the Lease lett by Richard Glover to Aaron Williams which Lady Ivy had purchased were but six or seven years before 1675. how then was it possible that it could be by him for so Burtbee swore 't was recited in a Deed made in 1664 And had it been so recited as now 't is pretended it was in a Deed made in 1664. to which Lady Ivy was Party it must have been known to her self which in her Answer to Sir Robert Cotton's Bill she swears it was not but that it was by her found in May 1675. in an old Bag of Writings And Serjeant Brampstons Deposition also says That she at that time told him that she did find it so so that it is not hard to believe this Deed never produced till Easter-Term 1686. was made for the purpose aforesaid since to support the Truth of this Deed there is nothing more than barely the Oath of one Edward Burtbee a man well known about Town and that he has been all along employed by the Lady Ivy and so not unlikely to have been in the Secret For the Fine if the Deed of Uses be not true it may be of any other five Acres But Note 't was Levied two years after 1664. Just about the time that Sir Anthony Bateman failed and when Lady Ivy set up to Claim the Inheritance of it nor is without some suspicion of having been unduly levied it may be by passing the Offices without the knowledge of Sir Tho. Ivy and Lord Chief Justice the Roll where the Caption of it to which the Lord Chief Justices Hand should be in the Custos Brevium Office being lost And if that Fine was really levied by Sir Thomas Ivy which is still to be doubted for the reason aforesaid 't is not however to be wondred at much considering that he had covenanted to do any Act with the Land in that Lease his Lady should desire so it might be no prejudice to the payment of his 800 l. as aforesaid And it may be he was made believe at that time that it was her Inheritance by being showed the Deed of the 12 Nov. 5 and 6 Ph. and Mary which was before that time made and if any Deed there was made to Edward Burtbee and Edward Temple to lead the use of this Fine of five Acres 't is plain it could not be a Deed dated in February 1664. reciting this Fifty six years Lease for the reasons aforesaid but must have been some other Deed after that time made and designed as this Fine seems to have been in future times to make out some colourable Title to the Inheritance of this five Acres of Land which Lady Ivy held only by Aaron Williams his Lease that expired at Lady-day 1681. And that 't was privately done is plain for neither the Fine nor the Deed was ever in any Trial produced till Easter-Term 1686. All that is to be said to the Verdict is They were given at times when the Creditors Title and that to Pruson's Island were not well made understood to the Court and Jury and when Lady Ivy's Deeds were believed As for the difficulty of making of Deeds a great many may as well be imagined to be made as one single Deed where the Ingenuity of the Party concerned and the Nature of the Title and Place afford good Materials for it And The Reader is now desired to take Notice That Wapping-Marsh was one Hundred and thirty Acres drowned Land in Henry the 8th's time and undertook to be Drained by one Vanderdelfe and so setled by Parliament that when Drained it should be equally divided 'twixt the Proprietors and Richard Hill who had bought Vanderdelfe's half And That no Division though undoubtedly one there was it may be among themselves made is now to be found on Record And Iasper Hill 3 Eliz. by Fine and Recovery having sold to Macheline and Iohn Stepkins 20 Acres of Land and 100 Acres of Marsh in Stepney that being the first Sale on Record 'T is in the power of Lady Ivy as Heir of Stepkins to Claim any part of the Marsh by alledging 't was part of what her Ancestors purchased if to answer the Possession there can any way a Lease be set up and by her Ladyship's luck only in finding old Leases these long Disputes have been made For the Proprietors no Division appearing being able to make no Title unless to the Copyhold before that purchased by Stepkins 3 Eliz. By such Lease she may claim any parcel she will though the Owners thereof have had it ever since the Draining thereof which could not be done in another place and makes it much easier to have been done than it can be imagined here And to remember That The Title by which the Creditors claim the Ten Acres of Freehold and Twelve Acres of Copyhold Land and whereby the Heirs of Whichcot do claim Pruson's Island and under which those Lands were all quietly held and enjoyed till after Sir Anthony Bateman failed is by Copies of Court Roll and Deeds on Record against the truth of which there has never yet been nor ever can be the least