Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	grant_v	heir_n	tenement_n	1,541	5	10.3837	5	false

Text snippets containing the quad

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

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

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

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

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

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 ●here the Ditches and Ponds were 8 or 10 foot higher than the Lands Westward of Foxes Lane which are al●●●ed to be part of Stepkins's Lands in the Marsh. And besides this 130 Acres of Marsh so set out as in the Survey aforesaid the said Stepney Survey sets also out for the Dean Shadwel-Field by estimation 20 Acres and Bounded as it really is and 5 Acres of Linches Bounded just as it 〈◊〉 And also this Land as it follows described a Tenement called Derekin and one Tenement late Pinserus de 〈◊〉 together with a Water-Mill divers Tenements Cottages Mansion-Houses Orchards Gardens Ponds 〈◊〉 and Pitles all lying together Butting South on the Thames and on Wall alias Wapping Marsh in part Marked A in the Map and on the Linches in part Marked B and on Ratcliff High-way in part on the North 〈◊〉 on Wall or Wapping Marsh on the West and upon the Lords Waste towards the East held of the Mannour of Stepney freely ever since Richard the Second's time at 33 s. 3 d. ½ per annum quit Rent and the same is still yearly paid for it And yet the Claim made by Lady Ivy as aforesaid would take almost all this whole parcel away and by that 〈◊〉 the Ground wherein these last mentioned Tenements Orchards Gardens Ponds c. belonging to the Dean 〈◊〉 most certainly lye and are so exactly described in the aforesaid Survey and without which there could be to place there to hold and keep Water to drive the said Mill And for the mending that matter the Lady Ivy's Counsel at the last Trial alledged it had once been an Overshot-Mill and so did not want these Ditches and Ponds to hold and keep Water to drive it withal and the better to make that out some Deeds were then given 〈◊〉 Evidence with Stile and Titles before them which were not in use at the time of the date of those Deeds and so they were not believed when produced nor indeed is it sense in any sort to imagine that an Overshot-Mill there being no Water would drive one could in Nature have ever been there And yet Lady Ivy again would pretend to this Land Eastward of Foxes Lane as parcel of Wapping Marsh notwithstanding all this and a Verdict against her at a Trial in 1684. before the Right Honourable George Lord Jeffreyes Baron of Wemme the present Lord Chancellour then Lord Chief Justice of England and what was 〈◊〉 said then and may well be so again against her new found Deeds the finder of which as perjured has already been Pillory'd for it and notwithstanding that her Grandfather Iohn Stepkins Esq 16 Aug. 1615. did ●●mise to one Cayford the three parcels of Marsh lying next to and Westward of Foxes Lane which is held by 〈◊〉 Lease till this day and therein says that it lies at the East end of Wapping Marsh next towards Ratcliff ●●●tting Eastward on the old Wall which divided the same from the Mill-Ditch which lay just East of Foxes L●●e And the Michaelmas-Term following the said Iohn Stepkins suffered a Non-suit in the King's-Bench after 〈◊〉 Ejectment by him brought against the Dean's Lessee for part only of Wall-Marsh-Wall which he said was encroched on the Marsh. And In 1617. the said Stepkins Claiming again the same thing a Verdict on a full Hearing and after a View was in the Common Pleas given against him and allowing the whole Wall to belong to the Dean of St. Paul's And notwithstanding that her