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-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
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
was of Stephens and several others but not of any Hall L. C. I. He does so Mr. Attorney But now I would ask him this Question If there were no mention of any Hall how came you to find out that this Lease from Marcellus Hall to Carter should affect Stepkins or my Lady Ivy. Knowles My Lord I will give you an account of that L. C. I. Ay do if you can Knowles This was at the first time that I saw my Lady Ivy that this Discourse was between us upon another Discourse at another time Hall was mentioned to me L. C. I. How many Names did she tell you of at first Knowles I cannot remember them all L. C. I. He remembers as punctually as can be the Second of August to be the first time that ever he saw my Lady Ivy and then she spoke to him of looking for Writings that concerned Stepkins and Lun and Barker and he remembers such a day the Fourth of Sept. 1682. he found the Deeds but he will not give any account how he came to know by Hall's Name that this belonged to Stepkins I would fain know when you first heard of the Name of the Halls Knowles It was all within a Months time L. C. I. Who was it first spoke to you to enquire about the Halls Knowles My Lady Ivy spoke to me about Hall when I gave her an account of some Deeds I had found L. C. I. How often did you look over the Writings Knowles Several times L. C. I. The first time did you give my Lady Ivy an Account that you had found any thing Knowles Yes I gave her an Account of the Lease of 128 Years L. C. I. Did you find nothing else but that Knowles Yes L. C. I. What did you find else Knowles Several I cannot give an account of all L. C. I. Did you find that Lease or this Deed first Knowles The Lease L. C. I. When did you first find this Deed Knowles The Fourth of September I found the Lease and within Fourteen or Fifteen Days after I found the rest L. C. I. How many deeds did you find out Knowles Half a Score L. C. I. Who was by when you found the Deeds the second time Knowles When I had found the Lease for 128 Years I laid it by and looked further for other things and found a Mortgage which concerned my self and that made me more eager to look for what might concern me besides that I was not so careful as I should have been of the Lease of 128 Years but mixed it among the Writings again but I told my Lady I had found such a Deed and she ordered Mr. Banister to help me to find it again L. C. I. Pr'ythee answer me once more Who first put you in mind of looking after the Halls Knowles My Lady Ivy. L. C. I. Was any body by when she spoke to you to look after the Halls Knowles Yes Mr. Banister was by L. C. I. Who else Knowles Several of my Ladys Servants L. C. I. Name some of them that were by Knowles There was Mr. Banister's Wife and his Daughter by L. C. I. What day was it my Lady Ivy first spoke to you to look after the Halls Knowles Within a Week after I first saw her L. C. I. Was it before you found the Lease you speak of Knowles Yes it was before L. C. I. How comes it to pass then that you did not find it at the first looking which was the Fourth of September when you found that Lease you say Mr. Att. Gen. We mustly lay aside the Testimony of this Man L. C. I. Ay so you had need Mr. Sol. Gen. Pray leave the Deed in Court we shall have Mr. Neale too busie with it else Mr. Att. Gen. We shall desire your Lordship to consider all the use we make of this Deed is to prove that the Mill was removed to another place L. C. I. I do not know what it proves but if you had kept your Witness Knowles in the Mill I think you had done better than brought him hither Mr. Att. Gen. Swear Mr. Banister and Mr. Clerk which was done Mr. Sol. Gen. Did you examine that with the Roll Sir shewing him a Paper Mr. Clerk Yes Sir I did examine that with the Book that Mr. Northy shewed me I think they say he is Steward of the Mannor of Stepney he read in the Book and I read the Copy and it is a true Copy of a Survey of that Mannor taken 25 Eliz. Mr. Att. Gen. I heard say you have the Books of the Mannor here pray let them be produced Mr. Williams You are merry Mr. Attorney if it is a true Copy pray let it be read Clerk Reads The Dean of St. Pauls holds freely of Fee one Field containing by estimation L. C. I. Who is Lord of the Mannor of Stepney now Mr. Powis My Lady Wentworth is Lady of the Mannor Clerk Reads The Dean of St. Pauls holds L. C. I. This bounds it on the East on the Dean and Chapter of Pauls Lands and so doth you no good Mr. Williams Let them go on my Lord. Mr. Att. Gen. With submission these are our exact Boundaries L. C. I. Well go on Mr. Att. Gen. We shall go on and with Submission these Bounds exactly agree with the Bounds that are set by the Act of Parliament for draining the Marsh. Here is nothing that we can see that they can claim but a Mill and Bake-house and they are all bounded on the West by Wall Marsh and the Linches are bounded in part upon the North and in part upon the West and there was a little part of the Marsh did run into the North Bounds But now we shall come to our Evidence and first we shall shew the Act of Parliament Which being A o 22 o H. 8. was read Mr. Att. Gen. Next we shall shew Richard Hill's Conveyance by Mortgage to Vivold and Salvago Which Indenture of Mortgage was read Clerk Reads This Indenture made the Eighth day of November in the 32th year of our Soveraign Lord King Henry the Eighth between Richard Hill Citizen and Mercer of London of the one party and Anthony Vivold and Henry Salvago Merchants of of the other party Witnesseth That where the said Richard before time was indebted unto the said Anthony Vivold and H. Salvago in the Sum of 560 l. of Lawful Money of England whereof they of their free will have pardoned 280 l. The said Richard Hill by these Presents All that Moiety of Marsh Ground being 130 Acres lying and being that is to say from Ratcliff Mill that joins to the Hilly Linch to Ratcliff Town on the Party of the East to Grash Mill by the Hermitage on the party of the West on the High Way leading from London to Ratcliff on the party of the North and on the River of Thames on the party of the South given and assured to the said Richard Hill by Authority of Parliament in the 27th year
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-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
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
Forgeries p. 52 Mr. Sutton shuffles and rouses whereupon L. C. I. tells him it is very Rank I assure you p. 54 A Verdict offered by Lady Ivy to destroy Mrs. Duffett's Testimony as also her Husband's Oath declared to be no Evidence See Pag. 44. p. 54 The Verdict for the Plaintiff and several of the Forged Deeds ordered to be left in Court and a Prosecution for Forgery directed upon them p. 54 Next follows the Map of Shadwell Then the Map of the Lands in Wapping and the Comparison 'twixt the Title of the Creditors of Sir Anthony Bateman and Heirs of Whitchcutt and that of the Lady Ivy and ends with Allimony Arraigned The Lady Ivy's Tryal For great Part of Shadwell in the County of Middlesex Die Martis 3. Junii 1684. Ter ' Trin ' 36 Car. II. B. R. Elam Mossam Plaintiff versus Dame Theodosia Ivy Defendant This Day this Cause came again to be tried at the Bar of the Court of King's Bench by a Iury of the County of Middlesex whose Names follow Middlesex Jury Sir Reginald Foster Baronet Sir Iohn Cutler Knight and Baronet Sir Goddard Nelthorp Baronet Sir Michael Heneage Knight Sir William Gulston Knight Sir Richard Downton Knight Richard Reynell Esq Ralph Bucknall Esq Thomas Austin Esq Ioseph Dawson Esq Thomas Cleve Esq Richard White Esq Who being counted the Record was read to them by the Clerk of the Papers in English and opened by Mr. Holloway for the Plaintiff Mr. Serj. Stringer MAY it please your Lordship and you Gentlemen of the Jury I am of Council in this Case with the Plaintiff and the Question will be whether the Lessor or the Plaintiff hath a good Title to the Tenements in Question which are about Three or Four Hundred Tenements near Radcliffe in Shadwell Parish and the Ground thereof is say we the ancient Inheritance of the Church of St. Paul's who have had the Possession thereof for Four or Five Hundred Years We shall prove Leases down for some Hundreds of Years till we come to that made to the Lessor of the Plaintiff under whom we claim We will begin with the last Lease of Dean Stillingfleet 30. Sept. 1678. upon the surrender of the Lease made by Dean Sandcroft now my Lord Archbishop of Canterbury Swear Ieofrey Willan which was done it is a Church Lease but yet he is a Witness to it The Lease of 30. Sept. 1678. was read Mr. Serj. Stringer shewing to him another Deed. Did you see that Deed sealed and delivered Willan Yes Sir An Indenture 4 tite made the 25th March 1679. 31 Car. II. between Thomas Neale Esq the Lady Gold c. Read Mr. Att. Gen. We admit the Assignment Mr. Serj. Stringer Then we shall prove the Lands in Question were always held of the Dean of Pauls Mr. Att. Gen. Ay do shew that these Lands in Question were so if you can L. C. I. I would not interrupt you Gentlemen pray go your own way but if I mistake not you had as good begin with 5 Ed. VI. as you did last time as I remember I have not indeed my Book I had then here I fear we have not overmuch time to waste we shall want time at the latter end of the Cause therefore pray come close to the Merits of the Cause Mr. Serj. Stringer We will shew it if they require it they know it well enough Mr. Att. Gen. Shew what you can Mr. Serj. Stringer In 5 H. VIII the Dean of Paul's Collett Leases to one Iohn Hall L. C. I. But it is 5 of Ed. VI. I ask for Mr. Serj. Stringer 23. Feb. 5 Ed. VI. Dean May doth make a Lease to Ioan Hall and Marcellus Hall Then Dean Fecknam 10. Dec. 2 and 3 Phil. and Mar. in Consideration of a Surrender of that Lease let ts another Lease to Marcellus Hall and so it continued till May 1630. and then Dean Donne made a Lease for Three Lives and upon the Surrender of that in 1636. Dean Winnet made a Lease to Moor and in 1640. he made another Lease to Winterburn which was sold to Mr. Neale and so came to the Lesser of the Plaintiff First read this Book Mr. Att. Gen. What Book is it Mr. Serjeant L. C. I. Ay tell us what it is open it before you read it Clerk reads A Tenement with a Watermil cum Pertinentiis L. C. I. What is it you read there Mr. Serj. Stringer It is a Book that belongs to the Dean and Chapter of St. Pauls L. C. I. What Book is it How do you prove it to belong to the Dean and Chapter of Pauls Then Mr. Spencer was called but could not readily come in by reason of the Crowd Mr. Porter was sworn Mr. Serj. Stringer Mr. Porter What say you to this Book Porter Since the beginning of this Suit this Book was found among the Writings of the Dean and Chapter of Pauls Mr. Att. Gen. How long ago Sir upon your Oath Porter About a Year ago L. C. I. That is but a slovenly account of such a Book as this Mr. Williams It is plain my Lord it is not a new Book made on purpose L. C. I. It is plain that in this slippery Age we live in it is very easy to make a Book look as old as you would have it Mr. Serj. Stringer We will go on to the Lease made to Marcellus Hall Then Mr. Spencer came in and was sworn Mr. Williams Pray Sir when first saw you that Book Spencer Seven Years ago Mr. Att. Gen. Where Sir Spencer Among the Evidences of the Dean and Chapter of Pauls L. C. I. What is it you would read in it an intire Lease or what Mr. Serg. Stringer 'T is a short Note of a Lease Clerk reads A Tenement with a Watermil L. C. I. See if the Book have any Title Clerk No my Lord. L. C. I. Let me see it Which was done Mr. Serj. Stringer The 23th Feb. 5 Ed. VI. L. C. I. You Spencer Have you seen in any of the Books an Entry of any Lease made by Dean Collett Spencer I have not observed that I have seen any Lease of Dean Collet L. C. I. Have you seen any Lease made by Dean Collet in the time of Henry VIII about any of the Churches Lands I ask you the Question because I observe here in this Paper in two places here is the Word Dean Collett writ with another Hand than that of the Book but Nowell is writ with the same Hand as the other And so Nowell seems to have been put for the Maker of this Lease as being put upon the Top when in Truth he was not Dean till long after Upon your Oath in whose Name was that Lease Lett that is here spoken of Spencer I know not my Lord that is the Book I saw then L. C. I. Is this Lease in your Book of Leases Mr. Att. Gen. Pray Gentlemen you did produce before your Original Deed of Purchase Where is it now Mr. Williams That Book was produced
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
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
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
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
sort of Pretence And that The Title whereby Lady Ivy Claims in particular any of the aforesaid Lands and whereby she both Got and does Hold the same is by Deeds not only not on Record but most of them such as first have been Lost and then Found and that are liable to more Exceptions by many then are herein before exprest which will be made use of against them when occasion shall serve FINIS Alimony Arraignd OR THE REMONSTRANCE AND HUMBLE APPEAL OF Thomas Ivie Esq From the High Court of CHANCERY TO His Highness the LORD PROTECTOR of the Commonwealth of England Scotland and Ireland c. WHEREIN Are set forth the unheard-of Practices and Villanies of Lewd and Defamed Women in Order to separate Man and Wife LONDON Reprinted in the Year 1696. The Humble Appeal and Remonstrance of THOMAS IVIE Esq To His Highness the Lord Protector c. HAD it not pleased the Lord to bear up my Fainting Spirit with more than an ordinary Confidence that the Deliverance of his People was nigh at hand and that he would put a stop to the Violent Passions of Oppressing Men I had undoubtedly sunk under those abominable Scandals and Aspersions which have been cast like Dirt about the Streets upon me by my Wife and her Abettors But certainly the Day of our Deliverance is already dawn'd and we are in some measure assur'd that Iustice and Righteousness is already broke forth and that the Abominations of the Wicked shall be no more clothed with Authority but whatsoever is a Lie shall be made manifest and confounded As our Eyes are therefore on the Lord as the supreme Fountain of all Goodness so we trust that the Declaration of his Will shall be made out by Your Highness being chosen by Himself in an extraordinary manner and by a wonderful Series of Providences to this very end to execute Righteousness and Judgment for his People that are oppressed amongst us And that your Highness will put on Bowels of Compassion for the Afflictions of Men in Misery who pour out their Complaints and Grievances before you With this Confidence I appeal from the Chancery unto your Highness being unable to endure any longer either the Expences or Delays of that Court or indeed the Justice which is there distributed For besides the hazarding of that which is better than a precious Ointment much of my Estate hath been consumed and great Debts contracted by reason of my attendance upon these unnatural Differences which have been fomented between my self and my seduced Wife much of it torn away by Violence under a Pretence of Alimony for her to whom I never denied or refused any thing whatsoever And that which remaineth is daily so molested with Creditors that I now may most truly take upon me the Expression of Iob I once had Riches but now have none And unless it will please your Highness to afford a speedy Redress I shall hardly enjoy long my Liberty also I will not say any thing of those sad and dismal Thoughts which have been continually in my Mind those hideous Temptations which have been hourly grating and gnawing my very Soul During this sad Condition 't is the Voice of the Lord only can speak Peace unto my Spirit whose Name be blessed for those sweet and refreshing Experiences with which he hath supported me in this fiery Trial but I shall open unto your Highness as unto a good Samaritan the Wounds of my Body and Fortune and briefly present a Narrative of the whole Matter concerning my self and Wife and how it hath been transacted in the Chancery That so I may with the more Confidence expect a Cure proportionable to my Disease and that your Highness's Judgment may be as well grounded upon Knowledge as my Suffering upon Experience Having faithfully discharged the Trust that was reposed in me by the honourable East-India Company as their chief Agent at Madrassopotan where I had not only the Command of the Persons of Thousands of People but also the Fort of St. George and Town of Madrassopotan And having made a thorough Reformation of the grand Abuses which had crept into those parts to the great Injury of the Trade and erected them a Town by my own Pains and Industry even out of the Sea it self for the better Advantage and Security of it I resolved with my self though I was often perswaded by the said Company to continue longer my Charge to return into my Country where I had left the near Relation of a Wife behind me And by how much the more that Reciprocal Happiness which we enjoyed together did revive the more enflam'd were my Desires for a Return But I had no sooner arrived in England but the first News almost that was brought me was the Death of my Wife in her very Journey to meet me This was the first Tryal which the Lord laid upon me But as he corrected so he gave me Patience and Submission to his Will in it neither were Friends wanting to endeavour a Belief in me that as the Lord had taken one Wife from my Bosom so he could bestow another After many several Days and Months thus spent in Melancholy and willing to inure my self to the Condition I enjoyed when I left England I was perswaded to address my self to one Mrs. Garret a Widow and Daughter of Mr. Stepkins who was represented unto me to be as beautiful in Mind as in Person And though her Husband had left her nothing yet was I not deterr'd by this to forbear my Sute supposing what was wanting in Fortune would be made up in Affection and Sweetness towards me Hereupon in short about October 1649. a Marriage was had and concluded between us and that I might give the best demonstration what a high value I put upon her I setled for her Joynture 1000 l. per ann and Covenanted with her Trustees to leave her at the time of my Death 1000 l. also in ready money Her Father now taking notice of this cordial and affectionate dealing of mine with his Daughter made in short this Proposition unto me That if I would give him the said Stepkins 1000 l. more and deliver forthwith unto his said Daughter as many Jewels as might be worth at least 1200 l. that then he would settle his Estate at Wapping being 240 l. per Ann. upon me for my life and after my decease to my Wife And in case we had Issue then to them and in case we had no issue then to the Heirs general of the said Stepkins or such as he the said Stepkins should limit and appoint To which I returned as short an answer and told him I would immediately perform his demand Whereupon I did deposite 1000 l. in money and 1200 l. in Jewels and all the aforesaid agreements and settlements were Indented in Parchment and legally executed accordingly as may appear from the Deeds themselves proved by two Testimonies in Chancery to which I refer my self I make no mention what