be read Mr. Sutton was it a Verdict upon full Evidence Sutton Yes Sir Mr. Att. Gen. How many Hours did it last Sutton Five or Six Mr. Att. Gen. Was there a View in it Sutton There was so L. C. I. Read it Which was done Mr. Holwell how much pray is the Land between Foxes-lane and the Mill Holwell Below the Lynches I find it to be Seven Acres and an half L. C. I. Can you expect then that all those Words of Gardens Orchards c. should be answered under seven Acres and an half Besides the first and ancient Reservation of Rent was 10 l. a Year after it was increased to 16 l. a Year and it doth appear the Mill turned to so little Account that it was pulled down and so the Land was to answer the Rent which for a ground-rent upon a Church-Lease in those Days was very great Have you done now Mr. Att. Gen. We have done for the present my Lord. L. C. I. What say you to it then for the Plaintiff Gentlemen Mr. S. Stringer May it please your Lordship and you Gentlemen of the Jury If we should give no further Evidence at all than what we have already given But leave it upon this I dare affirm it plainly appears that they have no Title at all to this Land As to their last piece of Evidence I would first give an answer to that and that is their Verdict and that which I would observe upon it and say to it is this it was a Verdict obtained upon forged Deeds Deeds found as is pretended and as you have heard from their two special Witnesses in a very extraordinary manner found in a Garret But by what Art prepared and that they are forged I question not but we shall give you Satisfaction But besides as to their Admeasurement it seems as they would have it 130 Acres is the Question about the extent of the Marsh. So much they claim and we shall bring two Surveyors that will give you an account upon their Oaths that between Foxes-lane which we say is the West Boundary of our Land and the East of theirs and Hermitage-Dock where the Marsh ends there is above 130 Acres and so they do not want their Number For all the Evidence that they have given out of Records we agree them to be as they say and by that Agreement shall do our selves no harm at all for they all do confirm our Assertion They place the Eastern Bound of the Marsh at Ratcliff-Town now at Foxes-lane doth Ratcliff-Town begin The Art has been to confound the Cause by puzling Boundaries when it is a plain apparent mistake they run upon and indeed I may very well say a wilful one too They would have us confine all to a Mill and a little Ditch when they are at least seven Acres always enjoyed with it and all called the Mill which had a Pond Gardens Orchards Tenements c. And now there are very large Drains necessarily made to keep the Water from annoying the Inhabitants and to carry it away But for a further Evidence of our Title we shall first prove that upon a Bill exhibited in the Exchequer by Mr. Attorney General against Stepkins their Ancestor to know what Incroachments had been made what belonged to the Dean of Pauls and what to Mr. Stepkins are fully set out There it is proved that the Bounds of the Marsh were Wapping-wall alias Foxes-lane The Marsh was continually overflown with Water but now in our Ground there was a great many Ditches and places to keep the Water for the Service of the Mill. When we come to build upon our Ground which was 15 Iacobi then it began then he brought an Action and did pretend that we did incroach the Wall somewhat into the Marsh there we had a Verdict upon a View and after a Non-suit upon full Evidence There was likewise a Bill exhibited in Chancery against Stepkins the Father wherein the Bounds are set forth and he in his Answer particularly enumerates the Boundaries And it has been constantly the Reputation of the Place that this was the Dean's Lands surveyed as the Deans Lands sold in the late Times of Usurpation as the Dean's Lands The first thing my Lord which they produced and that we did then and do now controvert is Carter's Lease this they say was found in the Garret and they bring two Witnesses for it But how they have behaved themselves what confusion there is in their Evidence you see L. C. I. Brother Stringer if you have any Evidence to give pray give that first and leave your Remarks till the last you shall then say what you will but first give your Evidence Mr. S. Stringer My Lord we shall pursue your Direction We say upon Foxes Building Stepkins surmising that the Wall belonged to him comes and brings an Action of Ejectment against Foxes Tenants for this Wall and upon Tryal the Verdict went against him Then there was another Action brought and he was Nonsuit upon that Afterwards there was a Bill preferred against him and in his answer he confesseth that his Wall Marsh bounded upon Foxes-lane Here are the Bill and Answer Which were read As likewise Copies of two Records one in the Common Pleas the other in the King's Bench. Hill 12 Jacobi Ejectment George Boswell Plaintiff against Tho. Fox Defendant Not-guilty pleaded a Verdict for the Defendant Mich. 14 Jacobi Ejectment William Sorrel Plaintiff against Tho. Fox Not-guilty pleaded and the Plaintiff became Nonsuit Sir Iohn Trevor My Lord we have this further Piece of Evidence we have here a Lease made by Stepkins of seven Acres of Land Westward of Foxes-lane which divides the Marsh from the Mill-Ditches and there is a Covenant that if he recover any part of Wall Marsh-Wall the Tenant shall have the Advantage of it and increase his Rent Which Lease bearing date 16 Aug. 13 Jac. Anno Dom. 1615. was read Mr. Williams This was in time between the Nonsuit and Verdict Mr. S. Stringer My Lord as I did open it there was an Information exhibited by Mr. Attorney Gen. Noy 7 Car. I. against our Tenants and theirs and upon that Information there were Examinations of Witnesses and all the Bounds of both Parties particularly set out which make it all as plain and clear as can be This cannot be set up to serve a Turn it was in 7 Car. I. so long ago and when that shews the Wall to be the Inheritance of the Dean of Pauls it answers all their pretence of a Lease L. C. I. Look you Brother that cannot be given in Evidence and I will tell you why if it were an Information against Stepkins himself he being the Party under whom they claim no doubt it were Evidence But it is against the Tenants of the one and the Tenants of the other who only could support their own Tenancies but they could not know their Landlords particular Titles and then this cannot be Evidence to bind their Inheritance
and read at the first Tryal L. C. I. What first Tryal not that last Term. Mr. Williams It was in Court at that time L. C. I. I believe not you are mistaken in that for I brought the Notes I took then and I find no such thing here Mr. Att. Gen. They produce then the first Purchase of the Dean L. C. I. Is there any Lease of Henry VIII Time in that Book Spencer I do not remember any Lease of H. VIII Time of this Land but I have seen that Book ever since I belonged to the Dean's Business L. C. I. Have you not a Book of the Succession of your Deans When was Collet Dean Mr. Williams In 1505. L. C. I. When was Nowell Dean Mr. Williams in 1560. L. C. I. Then I assure you this Book is grandly suspicious Mr. Att. Gen. They threaten us with Forgeries and I know not what I believe it will be found on Mr. Neale's Side L. C. I. If in case you come and produce a Book and you value your selves upon the Antiquity of it as an Evidence that this Land did belong to the Dean and Chapter and leased by them 5 H. VIII and in that Book Nowell is written by the same Hand as the rest of the Book as Dean then but because you find Collet was then Dean and Nowell not till threescore Years after Nowel is turned by another hand to Collet it draws a great Suspicion certainly upon your Book as set up for a purpose Mr. Williams It is true my Lord if we did that it were something but we find an old Book among the Evidences of the Church and we produce it as such we have not altered it therefore it cannot be done for our purpose L. C. I. Who knows who did it but done it is Mr. Att. Gen. And your Title is under the Dean and Chapter of Pauls L. C. I. Who keeps the Evidences that belong to the Dean and Chapter of Pauls Spencer They are kept in the Chapter-House L. C. I. I am persuaded there may be an ancient Book and this may be such an one but it looks a little untoward in this Particular You Spencer did you look upon those two particular Passages Spencer No I did not observe it Mr. Serj. Stringer My Lord our next Lease in the Book recites one made by Collett Mr. Att. Gen. Come upon your Oath did not Mr. Baron or Mr. Neale come to search in this Book Spencer Yes they did Mr. Serj. Lutchwich How long ago was that Spencer As to Mr. Baron or Mr. Neale themselves I did never see them come to search But some for them have Mr. Williams Do you believe the Book was thus as it is now before you came at first to it Mr. Serj. Lutwich You say they did not come to search what did they come for then to drink Spencer They have come to the Officer Mr. Porter but I never see them search Mr. Williams But I ask you again was it so when you found it first Spencer I believe it was I know of no Alteration Mr. Serj. Stringer But to put it out of doubt we have the second Lease which does recite this Lease of Collett's Mr. North. Nay my Lord we have another piece of Evidence that will fortify that Book to be true as to the Foundation of it that such a Lease was then made as the Book says for we have a kind of Particular or Catalogue of the Evidences of the Dean and Chapter It is an ancient Writing And in this there is mention particularly made of a Lease made in 5 H. VIII Pray Sir look upon that and give an account of it Spencer I have seen this among the rest of the Evidences of the Dean and Chapter of Pauls Mr. Att. Gen. How long ago Spencer I cannot directly tell Mr. Pollexfen How long do you think upon your Oath Spencer Two Years ago Mr. Att. Gen. That is since this Contest L. C. I. Ay That is a little too lately for an ancient Writing Mr. Serj. Lutwitch Did you see it before Mr. Neale or Mr. Baron ordered a Search there Spencer I cannot say particularly I did I have seen this Paper Mr. Att. Gen. Paper Man it is a Parchment pr'ythee mind what thou sayst How long is it since you first saw that Parchment Spencer I believe I have seen it this seven Years but not that I can swear to have taken any particular Notice of it Mr. Att. Gen. Where did you see it first upon your Oath Spencer Among the rest of the Deeds and Evidences that belong to the Dean and Chapter of Pauls Mr. Att. Gen. Upon what Occasion did you take notice of it first Spencer Upon searching among the Writings Mr. Att. Gen. Who did search with you at that time upon your Oath Spencer Mr. Porter L. C. I. Read it Mr. Att. Gen. Was it delivered to Mr. Neale before it was brought hither Spencer It is brought here now among the Dean's other Writings we never use to deliver any out Clerk Reads This is dated 2 Eliz. 1559. Books and other Writings appertaining Mr. Serj. Stringer Now we will read the Lease to Marcellus Hall wherein this is recited to have been made The Lease in the Book was read dated 23. Feb. 5 Ed. VI. for Five and Forty Years at 10 l. Rent Mr. Serj. Stringer Then the next Lease is in 2 3 Phil. Mar. 10. Dec. 2 3 Phil. Mar. from Dean Fecknam to Marcellus Hall for Ninety Years from Michaelmas before Which was read Mr. Att. Gen. There is a License to alter the Mill which we shall prove he afterwards did Mr. Serj. Stringer Your Lordship observes here were Grounds and several Houses at this time lett with the Mill and Ponds and Ditches to receive the Water After this Marcellus Hall assigned to Adrian Moor he in the Year 1618. deviseth it to his Wife Mary Moor and in 1630. she surrenders and hath a new Lease for Lives Mr. Att. Gen. Shew your Assignments Mr. Serjeant from Marcellus Hall Mr. Serj. Stringer That we cannot do nor need we for we are not to derive our Title that way but the Churches Title is ours We will shew you Dean Donnes Lease to Mary Moor upon her Surrender Which Lease dated 14 May 1630. 6 Car. I. for three Lives at 10 l. c. was read Mr. Serj. Stringer Then Mary Moor Six Years after surrenders this Lease and takes a new Lease for three Lives in Dean Winneff's time at 10 l. a Year Rent and 40 s. Increase Which Lease dated 5. Aug. 1636. 6 Car. I. was read Then another Lease dated 5. March 1640. 16 Car. I. by Dean Winniff to Samuel Whitwick and John Winterburn at 10 l. the ancient Rent 40 s. before increased and 4 l. more now increased Mr. Serj. Stringer Thus far it stood upon Leases for Lives this Lease continued till 1669. till Mr. Neale bought this Land and then he renewed it from the now Archbishop then Dean
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
Lease made to Roper For Marcellus Hall after he had taken this long Lease from Stepkins 30 Nov. 2 3 Phil. Mar. doth demise the Land in Question to Richard Roper for Twenty Four Years And we shall shew that in all the Queen's Time Roper was Tenant Then Iasper Hill who was the Heir of Richard Hill in 12 Nov. 5 6 Ph. M. by Deed and afterwards 3 Eliz. by Fine and common Recovery conveys all these Lands particularly by Name and releaseth them to Iohn and Macheline Stepkin and the Heirs of Iohn and so lodged the Inheritance in the Stepkinses all but that which was thus out in a long Lease to Marcellus Hall We shall prove that before Richard Hill died he entred into a Statute to Vivold and Salvago for a great Sum of Money and this Statute comes to be extended 3 Eliz. and there this Land notwithstanding these Leases are siezed and extended as Hill's Lands We shall shew all this Land upon a Commission of Sewers had a Survey taken of it When we have shewn all these Records and proved that this is Marsh Ground and not a Witness of theirs but must acknowledge it to be Marsh Ground for that place of Foxes-Lane was raised at least Nine Foot and so proportionably was the rest of the Ground And it appears at this day that upon a high Tide all their Sellars are overflown I think then you will make no doubt whether this be our Land or no and to proceed in this Order that I have opened we will first shew you the Survey There was one thing I forgot about the Eleven Acres Mr. Serj. Stringer What is it you read first Sir L. C. I. What do you begin with Mr. Attorney Mr. Att. Gen. Your Lordship observes they shew a Lease from Dean Fecknam the 10 Dec. 2 3. of Ph. M. Now on the 22. Dec. in the same Year we shall shew Marcellus Hall by Lease to Carter butts it upon the East side of the Mill. L. C. I. I took Notes the last time of your Evidence and it began in H. 8 time Mr. Att. Gen. My Lord when we come to our Title we shall go on in the same Method we did then but now we are only shewing where the Lands are L. C. I. Go your own way Clerk Reads This Indenture made the 22th day of December in the Second and Third Years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the Grace of God King and Queen of England Spain France both the Cicilies Ierusalem and Ireland Defenders of the Faith Arch-Dukes of Austria Dukes of Burgundy Millain and Brabant Counts of Haspurg Flanders and Tyroll between Marcellus Hall of Ratcliff Miller of the one Part and Iohn Carter of Ratcliff Oar-maker of Stebunheath of the other Part Witnesseth That the said Marcellus Hall hath Demised Granted and to Farm Lett unto the said Iohn Carter that his Wharf lying in Ratcliff where late the Mill stood called Ratcliff Mill adjoyning on the West upon the East side of the Mill Ditch alias Mill Dam reaching from thence Eastward 30 Foot and from the North-east Corner of the said Mill-Dam Southward to the River of Thames 20 Foot to have and to hold all and whole the said Wharf as is before specified with all Commodities and Profits belonging to the same to the said Iohn Carter to his Heirs Executors and Assigns from the Feast of St. Mary the Virgin immediately following the Date of these Presents until the End and Term of 30 Years L. C. I. This Lease was Read the last time Mr. Serj. Stringer Yes it was so my Lord. Clerk Reads to be fully compleat and ended yielding and paying therefore for the same unto the said Marcellus Hall his Heirs Executors and Assigns Ten Shillings of lawful Money of England yearly that is to say at the Feast of the Annunciation of St. Mary the Virgin And if it happen the said Rent to be behind and unpaid at the said Feast in part or in all by the space of one Fortnight and lawfully asked of the said Iohn Carter his Executors and Assigns then it shall be lawful to the said Marcellus Hall his Heirs Executors and Assigns to Distrain for his said Rent so being behind and the Distress so taken to keep until such time as the said Rent with the Arrearages be fully satisfied and paid L. C. I. For how many Years is that Mr. Att. Gen. Thirty Years L. C. I. What is demised by this Lease Mr. Att. Gen. Read the particulars agen Sir I. Trevor My Lord we would gladly know where they had this Lease that so it may appear whence it came for we know they have an excellent Art at finding out of Deeds L. C. I. Ay come shew where you had it Let me see it Mr. Att. Gen. We did produce it at the last Tryal and at the first too L. C. I. But that this Jury knows nothing of and they call for some account of it on the other side Mr. Att. Gen. Mr. Knowles do you know any thing of that Deed When did you first see it Mr. Williams And where had you it Knowles My Lord I had it in a Garrot in a kind of a Nook about six Foot long and three Foot and an half wide in my own House in the Garrot among other Writings L. C. I. How came you to have them Knowles As I was Executor to Winterburn Mr. Powis Pray Mr. Knowles will you tell upon what occasion you looked there and found them Mr. Serj. Pemb. Ay pray give an Account of the whole Knowles My Lord upon the Second of August 1682. was the first time I ever saw my Lady Ivy to my Knowledge and she was informed by one Mr. Viccarer that I had several Writings of Winterburn's I told her I had so and my Lady desired me to search among them if there were any Writings that concerned Stepkins's Estate I told her it would take up a Months time to look them all over for there was a great Quantity of them She said I would do her a great kindness if I would look I promised her I would and upon the Fourth of September I think I found the Deed. L. C. I. How was Winterburn concerned Mr. Att. Gen. They have shewn that he was owner of the Land once Mr. Williams Did you ever read over that Lease L. C. I. I ask you again how was Winterburn concerned Knowles He was Partner with Wright who sold the Estate to Mr. Neale Mr. Soll. Gen. Wright sold to Neale Winterburn died and this Man was his Executor and so he came to the Writings Mr. Att. Gen. But pray Mr. Knowles tell us were these Writings ever shewn to Mr. Neale Knowles In the year 1669. when Mr. Neale bought this Estate of my Uncle Wright the Writings were all to be looked over and upon Mr. Neale's request all the Writings were sent to his Council a Gentleman in Grays-Inn one Cage I
reckoned even by Stepkins to be the Boundary though running as Stepkins said Twenty Foot into the East part of the Marsh and there Stepkins was nonsuited Afterwards it came into the Common-Pleas and there there was a Verdict whereby it was setled that the whole Wall belonged to the Dean and Chapter of Pauls But afterwards Mrs. Moor the Lessee of the Church would not be quiet with this but exhibits a Bill against Iohn Stepkins and others and to settle the Boundaries because he pretended Incroachments upon his ground They therefore require him to ascertain the matter upon his Oath He in his Answer confesseth he had heard of the Verdict before-mentioned but knew nothing of it himself but when he comes to set forth the Boundaries he is so far from taking Notice that the Boundaries take in the Lands in question that he tells you there was an ancient Bank which was the ordinary Bounds between his Land and the Land of the Church and this is a High-way a common High-way But it was true as he believed they had incroached though such a Verdict and Nonsuit were obtained by them Not that ever he pretended to any thing on the Eastern part of that Passage or Bank called Foxes-lane but he pretended to Twenty Foot on the Western Part of it as an Encroachment They say further too that notwithstanding all this Iohn Stepkins was not so confident of his Title to even those Twenty Foot on the West part but that he comes and makes a Bargain with another Man I will lett you this East part of the Marsh-land and if I recover any of the Wall you shall pay such a Rent for it but if not you shall hold it as you did before So jealous he was of his Title even to that which he thought was incroached upon And they fix it thus to humour and explain the Particulars mentioned of Orchards Ponds Gardens c. for here were a great many Sluces and Cutts for the Water to be received in and so all may well be comprehended under the Name of a Mill with the Appurtenances and that they say goeth a great way in the Question You are to consider of it Gentlemen Then they further shew that whereas the other side surmise the Boundary to be Shadwell which they would have to be placed a great way higher by the place called Cock-hill here comes an Old Man that tells you he knew the place Sixty Years ago and above and there was no other Well called Shadwell but that which was where now the Church stands and that is on the West part of Foxes-lane Now I must tell you upon the Evidence it is pretty strong because he gives such an account of it that it was bricked over and a common Well to all People which must make the thing very notorious and he never heard of any other Well called Shadwell It is true there might be a Spring on the one side of this Ground in Question and the other you have heard the Evidence on both sides I must leave it at large to you Then to make the thing more plain they offer to you that this was a Tide-mill and not as the Defendant pretends an Overshot-mill and that is notoriously plain it is so and it is against Sense it should be otherwise Here was one that wrought at the Mill and his Father before him Sixty Years Nay it appears that to have Water to drive an Overshot-Mill in that Place must drown the whole Level because it must be raised so much higher than the Wheel and if so that stands higer than the place were it raised never so high of late called Foxes lane But there were Tides that came within Twenty Foot of it And you must give me leave to tell you I understand so much of it that a Tide-mill is never suffered to have the Water just swim up and back again but they have Cutts to retain the Water a while that it may go the easier off And so the great Number and length of the Cutts and Ponds and Ditches here were but only Receptacles and Basins to receive the Tide which did not rise as they tell you it should not above half the Wheel The Nature of the thing it self speaks against what they would have it to be and to strengthen the Argument they have called Five or Six or more Witnesses that have known it all along so to be And yet this I apprehend the other side take to be their most material Point to make it Marsh-ground But the Council for the Plaintiff say this further to you They have a Survey taken in Oliver's Time which they produced but were opposed by the Council of the other side and I must confess I did wonder to hear the Objection that it was strange this should be surveyed as Dean and Chapters Lands in a time when there were no Deans and Chapters whereas it was surveyed as that which was so while there were such things as Deans and Chapters and it was in order to be sold as such And upon my Word if the Lands of the Dean and Chapters Inheritance were no bigger than the Defendant would have them there was a good round Summ paid to the State for the Mill only but alas you have a Witness that tells you there being in the Survey mention of one Craven that there was a Craven on the East part of the Ground that had a large Orchard and Garden and Ground And upon this Purchase made by Winterburn who was Lessee of the Church the Plaintiffs Council do raise a very considerable Argument that this was the Churches Inheritance For say they Why should Winterburn that a Lease in being which would have continued him to be sure in Possession and that too before all these Houses were built for they talk all the fine Houses were built since the King came in give 9500 l. for the Inheritance under the Title of the Dean and Chapter if he knew as he must if he had the long Lease in his Possession and so Knowles swears he had it was not theirs and he himself had a Lease for Thirty Years to come under a trivial Rent of a Pepper Corn. Especially considering that those times sold lumping Penny-worths of other Peoples Lands But then they come to the last point of Evidence and that you must very narrowly observe and weigh Say they because you depend so much upon Carter's Lease which takes notice of such and such Boundaries and also that of Roper which you pretend to be made at such a time these we say are forged And for it they give this Evidence The first part is a natural legal Evidence and a proper Evidence in things of this Nature to detect a Forgery an Evidence that we learn out of our Books of Law and it is an argumentative one If you produce Deeds made in such a time when say you such Titles were used and such Prefaces made to them in their Preambles when
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
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
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
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
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
remember All the Estate about it was in the Traps Family he was a Gentleman of our House all the Water that drives that Mill and two or three Mills that serve that side of the River is taken in as the Tide comes in and is pent in as he says by a Dam and when they open that the Mill turns back again For I would sain have all these things that seem to be dark cleared by the way as they go I will suppose all the Records you have read to be right and that it is called Ratcliff-Mill and then there is the Mill-bank and the Hilly-bank and the Hilly-way it is plain then there was a Mill-bank or a Hilly-bank or whatever you call it It so falls out that the thing now in Question is made plain upon your own Evidence there was really Ponds and Gutters and those things that were to satisfie the Mill This Mill comes to be plucked down and the Ponds and all the Sleuces come now to be built upon This is not like your Marsh Ground that is on the Western part of the Bank but it is Parcel of Mere or Marsh as the Pond and the rest stifled up by those things that till such time as the Mill was taken away were Receptacles for to pen up the Water that came in with the Tide What is the meaning of those Words in the Survey that I spoke of before and the several Tenements and Orchards and Ponds and Sewers c. and all those things Would you have it that this should all point to the Scite of the Mill as though all the Boundaries should extend to the East end of the Mill Mr. S. Stringer That was the Reason why I asked but now how big the whole was L. C. I. And will what you would have Mr. Attorney a Ditch or two ever answer the Words in the Survey Mr. Att. Gen. Nor will all their Words amount to divers Closes of Ground as this must make in the whole Mr. Sol. Gen. Their Twenty Acres elsewhere answers all they can claim L. C. I. But this you yourself say is the Derrick-hills in the Survey and you do take it as soon as the Mill was pulled down in one place it was set up in another Mr. Att. Gen. After he had taken our long Lease he erected one we say upon our Ground for he had pulled down the old Mill and lett that to Carter Mr. Sol. Gen. My Lord it is plain that the old Mill and the new Mill were not upon the same Ground from Carter's Lease L. C. I. Mr. Sollicitor You indeed agree among your selves that it is plain but alas the Fact is quite contrary Mr. S. Maynard My Lord we do make our Argument for the Defendants Title as your Lordship does apprehend it The Boundaries towards the East is made the Mill and Ratcliff-Town This place that contains Seven Acres though it had Passages for the Water is not the Mill and it can never be that so much Ground can be reckoned to be Lands belonging to the Mill It is the Mill it self that is the East bound L. C. I. No it is the Mill and the Mill Bank Brother Mr. S. Maynard With Submission my Lord it is Ratcliff-Mill L. C. I. Is there no Mill-Bank in any of the Deeds Mr. S. Maynard Not that I remember L. C. I. At the Peril of my Discretion be that Brother Mr. S. Maynard Take it to be so as your Lordship says that there is mention of a Mill-Bank that cannot lye East for it lyeth in a little Pond L. C. I. Good Brother let us not puzzle that which is as plain as that the Sun shines The controversy is about all the West part of Foxes-lane Mr. Att. Gen. No it is the East bound that we contend for L. C. I. Mr. Attorney if you will mistake the Point I cannot help it I assure you I do not Pray take notice of it it is called 130 Acres in your Act of Parliament Mr. Att. Gen. Yes my Lord 130 Acres L. C. I. Now then the East of your Land by your own shewing is Mill-Bank the East of Mill-Bank is the Mill whereas the West part is St. Katherines so all your Deeds and Records say but the East part of the Land is Mill-Bank Mr. S. Maynard No my Lord Ratcliff-Mill L. C. I. But I say ay Brother Then how broad doth Foxes-lane extend Mr. Att. Gen. 'T is reckoned 30 Foot in Carter's Lease I think L. C. I. That is a Lease that I perceive there is some controversy about therefore I do not so much mind that It is a Perch of Land I think in some of your Evidences Mr. Att. Gen. Where Foxes-lane is is the four Acres that were surrender'd now that being the West-bound of the eleven Acres where then are the other seven L. C. I. Read the Deed Poll again the particulars and Bounds only Clerk Reads All those my four and twenty Acres and an half Mr. Att. Gen. The East Bound your Lordship sees is the Mill Now your Lordship makes an Objection that if it were as we say an Overshot Mill it could not have been driven L. C. I. Do not pray make any silly Objection for me and then think to answer it I tell you I do say that it is impossible there could be any Mill there but a Tide-Mill The thing is as plain Mr. Att. as any thing in the World can be Go on with your Evidence Mr. Sol. Gen. Pray swear Iohn Somerly Which was done How long have you known the Place in Question Somerly I have known it about 27 or 28 Years Mr. Att. Gen. Do you know where the Mill stood or was reported to stand Somerly I know where it was reported to stand but I never knew the Mill my self it was demolished before my time Mr. Att. Gen. Where was it reported to stand Somerley As it was reported it stood about half the length of the Hall off the Bank rather leaning to the River of Thames than the High-way Mr. Att. Gen. Where was the way to the Mill Somerley At Cock-hill L. C. I. That your own Evidence say was on the West side of the Mill. Mr. Att. Gen. Did you know Shadwell Somerly I know that that is called Shadwell Do you mean the Well Mr. Att. Gen. Yes how far is the Well from Cock-hill Somerley Half the length of the Hall Mr. Williams How far is it East of Foxes-lane Somerley Truly I cannot well tell L. C. I. The Question is whether that be the Well that is mentioned in the Evidences Somerley I never knew any other Well I pay'd for filling of it up Mr. Williams What was it was it not a Pond formerly Somerley It was a Well Mr. Att. Gen. What was it called Somerley Shadwell it was called I knew no other Name it had and that Well was wharfed about and there was a Piece of Wood about Six Foot long put into it and it was on the hide of the Hill a
Mr. S. Stringer We submit it to you my Lord. Then we shall offer you a Survey In the Year 1649. this was exposed to Sale as Church Lands and a Survey taken and found to be the Inheritance of the Church of Pauls and as such sold for 9500 l. and enjoyed by the Purchasors till the Restoration Mr. Williams Yes and to that very Person sold from whom they say they had these Leases which they have produced That is to Winterburn whose Executor Knowles was as he says and if he had such a Lease which had then been forty Years in being would he have given so much Money or ventured to purchase it as the Inheritance of the Church Mr. S. Stringer Here is the Survey then taken Mr. Att. Gen. We oppose the reading of your Survey because it had not any Authority to warrant it L. C. I. Nay Mr. Attorney though there was no sufficient Authority yet such things have always been allowed as Evidence You cannot but remember it was done in the Case of Finsbury-Rotten row as they called it White-cross-street Mr. Att. Gen. Then let them read the Commission it was made upon Mr. S. Pemberton We have none there were many things done then of this Nature without Commission under Seal L. C. I. Ay they did them by Orders from Committees Read it It was read dated Dec. An. 1649. Mr. S. Stringer Now we will shew the Deeds of Purchase which was by Deed inrolled Dated 22 Nov. An. 1650. for 9540 l. Mr. S. Stringer My Lord because they pretend this to be an Overshot-Mill as they call it though it be plain it could not be by the Place yet we have three Tide Millers that we would trouble you with a little but first here are some others Bland Marr and Leburn who will give an account of it They were sworn Bland do you know the Houses in Question Bland Yes Mr. Williams How long have you known them Bland Thirty Years Mr. S. Pemberton Pray what is the common Reputation whose the Lands were Bland It was always taken to be the Dean's Lands Mr. Williams Who were the Tenants Bland Mr. Whitwick and Mr. Winterburn L. C. I. Pr'ythee canst thou tell what was taken to be the East Boundary of Wapping Marsh Bland Foxes-lane L. C. I. Was that the Reputation upon your Oath in all your time Bland Yes ever since I knew it Mr. Williams Bland pray do you know the Pond Bland The Ponds were filled up but there were Ditches in my time L. C. I. How near were the Ditches to Foxes-lane Bland Within Ten Foot Mr. Williams What was the use of those Ditches Bland The Water came in at Bell-wharf and filled up the Ditches with the Tide and so it went back again Mr. S. Stringer Can you tell who purchased these Lands of the State in the late times Bland Whitwick and Winterburn Sir Iohn Trevor Swear William Kemp and Curtlett Which was done Mr. Williams Hark you Mr. Curtlet we would ask you a Question My Lord your Lordship observes there is a Well called Shadwell that is at the East end of their Marsh. We shall shew where that Well is There was a Well very lately just by Wall-Marsh hard by the place where the Church is now built which was called Shadwell and from which the Church has its Name Curtlett do you know Foxes-lane Curtlett Yes I do Mr. Williams How long have you known it Curtlett I have known it Sixty Years Mr. Williams When you first knew it whose Land was it Curtlett I am ignorant of the original Title or the derivative Title I know not whose it was or is Mr. S. Pemberton But whose was it reputed to be that we mean Curtlett Sometimes it was reputed Mrs. Moors sometimes Winterburns sometimes ones sometimes anothers Mr. Williams Do you remember the Mill that was in this Ground in Question Curtlett Yes very well Mr. Williams How was that Mill driven Curtlett The Water came in at Bell-wharf Eastward out of the Thames into the Pond and so run beyond Broad-bridge and vented it self into divers Ditches and when the Tide went out it returned back again and imployed the Mill. Mr. Williams How far went the Ditches Curtlett Some of them to Foxes-lane and one principal Ditch turned up half way the Lane that People were forced to have Boards and Planks to go over it L. C. I. The Thing is very plain had it been as they say an Overshot mill this Provision that was made of Water for it for ought I see would have drowned all the Ground round about it Curtlett When I was a Boy we used to swim in that Place that was near Shadwell in the Eady there I have seen the Water as it went out and the Mill wrought with it as it went back again L. C. I. Was there not a way when you knew it first from North to South Curtlett I cannot well tell Mr. Att. Gen. Was there not a way from Ratcliff-high-way at Cock-hill to the River of Thames Curtlett There was a common way for Carts and Horses down to the Ballast-wharf and there was a great vacant Place Mr. Att. Gen. Pray let me ask you Did you ever hear these Lands reputed to be Stepkin's when you knew them first Curtlett We have heard talk of that Gentleman Mr. Att. Gen. How long ago Curtlett I have not heard of him this Tweny Years Mr. Att. Gen. Have you above Twenty Years ago Curtlett If I did hear of him I do not believe then it was in his Possession I cannot tell whose Title is best You have I suppose both of you better Witnesses than I Conveyances and Deeds Mr. Att. Gen. He is a wise Witness he will not swear whose it is L. C. I. He is so Mr. Attorney I wish yours were so too Mr. Williams Pray what was it beyond Shadwell and how near was Shadwell to Marsh-Wall Curtlett Shadwell was on the further side near Foxes-lane Mr. Williams To the East or West of Foxes-lane Curtlett To the West Mr. Williams Did you know the Well that is called Shadwell Curtlett I know there was such a small Spring L. C. I. Did it lie East of Foxes lane or West do you say Curtlett West it lay Mr. Williams Pray did the place where you used to swim come up as far as the Wall Curtlett Oh no. L. C. I. I believe that was within the Thames only Mr. Williams How near have you swom to Foxes-lane Curtlett It was in the Thames in an Eddy there the Water went underneath the Mill. Mr. Att. Gen. In whose Ground was that Well that you call Shadwell Curtlett I cannot tell in whose Ground it was Mr. Att. Gen. Was it in the Lynches or in the Marsh Ground upon your Oath Curtlett I cannot tell indeed whose Ground it was in Mr. Att. Gen. Did it rise very high Curtlett It was out of the high Ground where the Church is built Mr. S. Lutwich Did you ever hear of any Well but what
Trough with those Tide-mills as you call them Grindy We can use none nor do we make any such thing Mr. Att. Gen. Would not the Springs in the Lynches carry an Over-shot-mill Grindy Sir I have seen the Place all about many times and I will lay any Man 20 l. to 20 s. that all the Springs thereabouts shall not Produce a quarter enough Water Mr. Williams Where is George Care Swear him Which done Do you know Foxes-lane Care Very well Mr. Williams How long have you known it Care Eight and Fifty Years Mr. Williams Did you know Shadwell the Well so called Care That I did Sir Mr. Williams Where stood it pray Care At the upper End of Foxes-lane as we go Westward and just at the side of the Church-yard there is one now and brick'd over Head where they used to fetch Water I never knew any other Mr. Williams Was that called Shadwell Care I never knew any other but what I tell you of Mr. S. Stringer Pray what was usually taken to be the East-bound of Wapping-Marsh Care The West side of Foxes-lane was called Marsh-Wall or Wall Marsh and that was the Boundary to Stepkins's Lands and Eastward was always the Lands of the Dean of Pauls and I have known it this Eight and Fifty Years Nay I was the first that ever built an House in Foxes lane Mr. Att. Gen. Do you know the Lynches or the High-Ground Northward Care I know it not by that Name Mr. Att. Gen. This Well you speak of did it not rise out of that Ground Care It was by the Church-yard that is now Mr. Att. Gen. You have that the Inheritance of it Mr. Williams Sir we hope we shall not need to be taught which is our Inheritance Where is Mr. Mar. We shall now my Lord answer the Admeasurement made by her Surveyor Holwell Pray will you Mr. Marr tell the Court how many Acres it is Marr. The Land which is counted Wapping-Marsh which is bounded on Foxes-lane East on the Dean's Land West upon Grash-Mill Well-close Nightinghal lane c. if we take it to the upper Ground doth contain 130 Acres but take in that which is in Question too and it makes 141 Acres Mr. Williams Did you measure it too Mr. Leyburn Leyburn I did so too Sir and it is as he says L. C. I. How much is it Leyburn I took the whole from St. Katharines to Foxes-lane and it makes 130 Acres besides the Upland and Foreland and the like between Grash-mill and Wall-marsh-wall It is at least so much it is I think somewhat more the Ditches being undetermined L. C. I. Well what is it all this while you keep my Brother Gregory for Mr. Williams If your Lordship please we have only a short Question to ask Mr. Baron Gregory if he please to be sworn Which was done Where is Mr. Knowles Sir you were pleased to say that the Writings were carried to Mr. Neale's Council in Grays-Inn and that that Writing was among them Knowles They wereso and I believe it was among them Mr. Williams My Lord Mr. Baron Gregory had the Perusal of these Writings L. C. I. But Mr. Williams my Brother Gregory was not named to be the Counsellor in Grays-Inn Knowles No one Gage or some such Name L. C. I. I suppose it was to Mr. Cage's Chamber that married Okey's Widow M. S. Stringer I believe it was and I am sorry we have kept Mr. Baron Gregory so long Knowles Pray did you know they were with Mr. Baron Gregory L. C. I. Did you know they were with my Brother Gregory Knowles No my Lord that I remember L. C. I. Well Brother we cannot help your staying now but remember you had an Offer made you at first and you are punished for refusing it Go on Brother Stringer Mr. S. Pemberton My Lord that which we were surprized with the last Trial was the Newness of these Deeds to us It look'd to us to be so strange a thing so amazing a thing to us that we knew not how to give an answer to it We have since considered of these things and your Lordship doth see what account they themselves have given of them And what an improbability it is that these Deeds should be found as they say Here was a Possession which we have proved under the Dean of Pauls Lease for so long this they would strip us of these Deeds that they have trumped up It made us look into it more warily and we cannot conceive it probable or any thing likely that the Deed of Purchase whereby this Land is pretended to be purchased into the Family of the Stepkins's should be found in the Hands of the Dean of Pauls Lessee who likewise purchas'd it of the State as the Inheritance of the Dean of Pauls How could the Deed of Purchase from Hill be in our Lessees House Mr. Att. Gen. It was not that is a mistake Mr. S. Pemberton Good Mr. Attorney do not interrupt me We must rely upon it that they swore it the last time and that the Deed of Inheritance made four days before our Deed on purpose to warrant the Trick Here is likewise a Surrender made between Hall and Stepkins produced How the Deans Lessees should come to have that Deed of Surrender But to satisfie your Lordship in this matter We shall give a Full and a Fair Evidence that these Deeds are forged Mr. Bradbury My Lord we have had a violent suspicion that these Deeds were forged But we suspect it now no longer for we have detected it and will shew as palpable self-evident Forgery upon the Face of these Deeds as ever was I desire to see the Deed of the 13th of November in the 2d and 3d years of Philip and Mary from Marcellus Hall to Roper and that of the 22th of December in the same years from Marcellus Hall to Carter I desire to see too Your Lordship sees the use of these Deeds The one is grafted upon our Lease from Dean Fecknam where it is recited that the Mill is demolished and a new one erected in another place says their Deed and upon that they set up the Notion of an Overshot-Mill and all the puzling Matter brought into this Cause But I dare undertake to prove them plainly forged Mr. Attorney That is an undertaking indeed Mr. Bradbury It is an undertaking indeed to detect the Defendants Articles but I will venture upon it and shall demonstrate it so evidently that Mr. Attorney himself shall be convinced they are forged Mr. Att. Gen. Come on let us see this Demonstration Mr. Bradbury The Deeds have brought that Evidence upon their own Faces that is 1000 Witnesses Mr. Williams Prithee open the Exception Mr. Bradbury If your Lordship please to look upon them the Stile of the King and Queen in both run thus The one is This Indenture made the thirteenth day of November in the Second and Third Years of the Reigns of our Soveraign Lord and Lady Philip and Mary by
done Mr. Sol. Gen. We are not now my Lord examining what Duffett swore about Forgery or not Forgery but is not this Confession of hers an Argument against the Credit of her Testimony who now says she saw my Lady Ivy do so and so when she has confessed she could have Money to swear against my Lady Ivy. L. C. I. But Mr. Sollicitor if you will not apprehend the Question I cannot help it is it not the Husband that swears against the Wife Mr. Att. Gen. Do you know that Gentlewoman there Gibson Gibson I have heard of her L. C. I. Nay be not angry Mr. Solicitor for if you be we cannot help that neither The Law is the Law for you as well as me Mr. Sol. Gen. My Lord I must take the Rule from you now L. G. I. And so you shall Sir from the Court as long as I sit here and so shall every body else by the Grace of God I assure you I care not whether it please or displease we must not have our time taken up with impertinent things for I must say there have been as many offered in this Cause to day as ever were in any Cause that ever I heard and if all be not as some will have it then they must be in Passion presently The Court gives all due Respects and expects them Mr. Att. Gen. Have you any acquaintance with that Woman Gibson I have seen her a great while ago Mr. Att. Gen. What do you know of her what Reputation is she of Gibson I know nothing of her Reputation I know she was Mr. Duffett's Wife L. C. I. And so do we she tells us so What then Gibson I have seen her abed with Mr. Frogmorton and she told me she had then a Frog in her Belly Mr. Williams It seems then by having this Gentleman so ready they were aware of this too I suppose Mr. Neale brag'd of this too or else the guilty Conscience put them upon preparing for it But yet I think they do us no great harm by it Mr. Att. Gen. You will give our Evidence an Answer I suppose by and by But we will go on to the rest of yours As to the Bill and Answer in the Year 1629. In that of Iohn Stepkins it is said he makes the Bounds Eastward to be Foxes-lane But it is plain he that gives in that Answer was not acquainted with the Transactions of the Estate before his own time And if you consider the time of that Answer there was near Fourscore Years then past since the Lease made and so long it had been out of the Family rendering a Pepper-corn Rent and so the profitable Interest was only the Four Acres surrendered to him by the Tenant before the Licence to Alien And it appears not that he had any Notice of the Reversion But I observe in the Answer there is one Passage remarkable That there was a way time out of Mind that did part his Land and that which was reputed the Dean and Chapters Land Now that doth not tie it up to make Foxes-lane that same way but only says generally there was an old way which must be understood of the way down from Cock-hill to Bell-wharf So that I take it that is no conclusion upon us Nor upon the same Ground is that Lease made 13 Iacobi by Iohn Stepkins where he abutts his Land upon that Wall which is called Wall-marsh-wall and covenants to have the Rent increased if any thing beyond that be recovered For there was near Threescore Years to come then of this Lease and he had no pretence of Title to contest it at that time and so the Verdicts are all answered that way the Lease expired not till the Year 1680. Mr. Sol. Gen. Then my Lord for the Survey that they produce of the late times by Order of the Committee of Parliament for Sale of church-Church-lands how that should give a Title I do not understand It is the first time I ever heard of a Particular of Dean and Chapters Lands to be an Evidence when at that time there was no Dean and Chapter But that which is a clear Answer to it is this Winterburn who had the Lease from the Church did also claim under Marcellus Hall who had a Lease for Ninety Years That in time expired in the Year 1640. That Interest being then determined he gets these put into the Survey which it was his interest to do as the Inheritance of the Church which would gain him a Fee Simple upon his Purchase he concealing the long Lease and they being so long in Possession whereas otherwise he could only have an Estate for Years and it appears all the Deeds were in his Custody at that time For the other Witnesses that speak to the Wall that we must leave to the Juries Consideration upon the Ballance of the Evidence For with Submission my Lord taking the Evidence as it stands together if that Lease of Marcellus Hall be a good Lease these several Conveyances we produce are supported and do explain that He surrenders four Acres which are the Lands that are afterwards conveyed to Fox which is mentioned in the deed of his Surrender to be the Green Hilly Bank and that was the Boundary of the four Acres but what becomes of the other seven Acres and an half they have given no account of it hitherto But surely my Lord upon that first Survey I take it there is a strong Evidence concurring with our Assertion for that saith the South Boundary of the Dean's Lynches is Wall Marsh now then if there be seven Acres to go forward from thence that just reacheth up to Cock-hill And all the other Bounds plainly concur with ours and upon the perusal of the Survey which it is consented to on both sides the Jury shall have with them I believe they will be satisfied our Bounds and that agree Upon the whole Evidence I submit it for the Defendant We have done my Lord. Mr. Att. Gen. Only I would ask Mr. Sutton a Question whether the Bill and Answer now given in Evidence were not given in in Evidence at the last Tryal Sutton Yes it was Mr. Att. Gen. And yet the Verdict went for us then as I hope it will now L. C. I. Have you all done Gentlemen Will you say any thing for the Plaintiff Mr. Williams No my Lord we leave it to your Lordship and the Jury L. C. I. Then Gentlemen of the Jury This Evidence has been very long I think the Tryal has held us as long as any Cause that ever happened in Westminster-Hall of this Nature I mean except one this many Years I think we met with but one in all our Books that held near so long That indeed was rather something longer the famous Cause of Colt in this Court but besides that I never heard of a Cause of this length before But Gentlemen it is a Cause of Value and a Cause of great Weight and Consideration it hath
depended in the Evidence of it upon abundance of Circumstances so that it may be impossible for me to remember all the Evidence that has been given But as neat as I can I will give you what Assistance I am able in recollecting what has been said on both sides Some of you I have observed have taken Notes and that will save me and you some trouble I will give you a Scheme fairly of that which is the Question And it will be very much more ease to you because you have had a View of the Matter than can be thought I can make it by any Direction of mine The Question in short is Whether seven Acres and an half of Land now built upon to a very great value as the Witnesses say 2000 l. a year lying on the East-side of the Lane that is called by the name of Fox's Lane betwixt that and the Mill called Ratcliff Mill be part of the Marsh that formerly belonged to the Family of the Stepkins's or whether or no that be not part of the Dean and Chapter of Pauls Inheritance If it belong to the Dean and Chapter of Pauls then the Issue is with the Lessor of the Plaintiff but if it be the Inheritance of the Stepkins's and part of the Marsh-land and was so according to the ancient boundaries then the Issue is with the Defendant The Plaintiff comes and shews for his Title First That this was all along enjoyed under the Church of Pauls Leases Knowles who formerly did receive the Rents of the very thing in Question till 77 before this Question says in his Testimony he received them in the Right and on the behalf of Mr. Neal who claims by Lease from the Dean of St. Pauls That is not sufficient to maintain his Title but they come and shew the Original and in point of time 5 H. 8. they say that one Dean Collett made a Lease of the Lands in Question for 45 years And to prove this a Book is produced to you wherein there is a short Entry made which takes no notice at all of any thing more but that there was such a Lease of a Mill in Shadwell with the appurtenances But upon their producing that Writing it is found to be a Paper Writing and there was an Objection and a material one made upon the Face of the Thing it self For there were two places that seemed to be suspicious as made directly to humour an Evidence of such a Lease in 5 H. 8. having Dr. Collett's name inserted who hapned to be Dean of Pauls at that time Whereas Nowell was originally the Name that was set there with the same hand that the other part of the Writing was Thereupon it came to be enquired into how it came to pass that Nowels Name was struck out and Collets put in That seemed to insinuate as if this was contrived on purpose to shoar up an Evidence and humour the time For it could not be imagined that Nowell should come to be Dean when that Lease was made who was not Dean till so long after in Queen Elizabeths time as I take it Now had this Objection met with this Book alone it would have made the Evidence Lame and they would have been thought to have set an ill Leg forwards But to take off that they come after and shew a Parchment Scrole which takes notice likewise of such a Lease And their Officer Spencer says he had seen that Scrole many years and so it could not be a new thing for this purpose It is an old Rental or some such thing in time in some short time after where is mention made of a Lease by Dean Collett 5 H. 8. for 45 Years which humours the time exactly and supports the Credit of the other Evidence This is that they give as an Answer to that Objection It might be a mistake as to the Name but this will shew that it was not a contrived matter for this purpose The next Peice of Evidence they go to is 5 Ed. 6. and for that time they come and produce Leases those that are at least in Law evidences of Leases and those are the Church Books Ancient Books that have been always read and allowed for Evidence And thereby they shew that one Dr. May then Dean of St. Pauls viz. 23 Feb. 5 Ed. 6. did let the Lands in Question to Ioan Hall and Marcellus Hall and he let it as the Dean and Chapter of Paul's Lands for 45 years at the Rent of 10 l. a year Then they tell you in the 2d and 3d of Phil. and Mar. 10 December one Deane Fecknam takes notice of the former Leases and lets it to Marcellus Hall and that is for 90 years wherein there is the Old Rent taken notice of and some Increase made And there is in that Lease a Covenant to repair the Mill and that has given a Rise to something that makes part of the present Question which they that are for the Defendant call a License to remove the Mill. You Gentlemen will have the Deeds with you and are to judge of them The Leases from 5 H. 8. to this Dean Fecknam are only Leases made for years and by reason of these Leases for Years and the long Lease which they pretend to the Defendants Counsel insist upon it that they could not be let in to controvert the Plaintiffs Title for the last Lease for 128 years from Stepkins to Hall expired in time but in the Year 1680. Now say the Plaintiffs Counsel and they produce that which is very material in the Case 5 Aug. 1636. This was then let to one Mary More the Relict of one Adrian More formerly the Assignee of the Lease that came from Dean Fecknam to Marcellus Hall And there instead of continuing it a Lease for Years he lets to Mary Moor in consideration of the former Leases and turns it into an Estate for three Lives So far then was the Dean of Pauls from apprehending himself to be but Lessee for Years that he takes upon him to create Freeholds which only he that has the Inheritance can do They go on further and tell you That in 1640. the same Dean of St. Pauls she having sold her Interest to one Whitwick and Winterburn there is a new Estate made to them for three Lives These continue in Possession under that Lease till Mr. Neal purchased in their Interest and his Grace of Canterbury then Dean Sandcroft he made another Lease to the said Mr. Neal for three Lives and there is a great Increase of Rent 80 l. during the Life of one of the former Surviving Lives and then to 100 l. Then comes the Lease made to the now Lessors of the Plaintiff by this Reverend Divine that is here now Dr. Stillingfleet the present Dean of St. Pauls at yearly 240 l. And this is the substance of the Evidence first given by the Plaintiff For his Title which is underneath that last Lease of Dean Stillingfleet which they say
is a good Title and in case it doth appear that the Lands are the Inheritance of the Dean of Pauls ' it is not controverted by the Defendants but that the Plaintiff must have a Verdict for him But say they which are for the Defendants this is not their Inheritance but the Defendants and to prove their Objection they produce abundance of Deeds of which as well as I can I will give you a punctual and particular account For with all the faith and fidelity I can I will give you the Substance of what has been said on both sides First It is not to be doubted for it is beyond all Contradiction plain there were 130 Acres of Marsh-land Lands covered with Water which one Vander-Delf a Dutchman undertook to Drain and had an Act of Parliament made Anno 27 H. 8. to encourage him for his endeavours to drain it giving him the one half That Act of Parliament is produced and it is there said to be 130 Acres Now you are to take notice of the boundaries of this Marsh-land as making the state of this Question The Act of Parliament bounds the Marsh upon the Hermitage or such a Mill called Grash-Mill upon the West It is bounded on the High-way leading to Ratcliff on the North which is called Ratcliff High-way to this day it is bounded to the River of Thames on the South and it is bounded upon the Town of Ratcliff towards the East Afterwards in H. 8 ths time comes in Richard Hill who was owner of some part of this Marsh Vander-Delfs moiety and he in time 32 H. 8. became indebted to one Salvago and another and there he comes and acknowledges a Statute to them for their Debt And because I would have you have all things before your view that were done at one time in the same Year there is a Mortgage made of the Lands of Richard Hill among which they for the Defendant apprehend are comprized the Lands in Question as Marsh-land to Salvago for the payment of their mony and in that Mortgage the same words are made use of for the boundaries as are in the Draining Act. This to derive their Title they produce to shew that there was such an Ownership and such a Mortgage Then they tell you that 37 H. 8. the same Richard Hill he goes and divides some part of these Lands that is to say Eleaven Acres and a half and that he conveys away by Lease for 34 years to Marcellus Hall whom I name the more particularly because it is a Name that has been much canvassed and gives a Countenance to the Title on both sides Now in that Deed whereby this is thus conveyed to Marcellus Hall there is no notice taken particularly of the Eastern boundary to be the Mill or the Mill-bank or the Hilly-bank Now say they the Mill was just upon the Point hard by that place that is called now by the name of Cockhill and so that Boundary doth take in the thing in Question the seven Acres and an half because that Deed takes notice of the Mill Hilly-bank or Way In the next place they offer you this for Evidence that in 6 Ed. 6. the same Richard Hill for 130 l. sells his Land to Thomas Stepkins And when it comes to convey the Inheritance to him it is laid to be under the same boundaries as are mentioned there bounded on the Hilly-bank or Mill-bank Eastward Now say they that sheweth plainly that still the Mill was the thing that was intended to the Boundary and there being seven Acres and an half of Land between the Mill and the Western bounds those seven Acres cannot be construed to extend to a Mill with the Appurtenances but rather it is to bound upon the Mill and include the Lands then to have the Lands go with the Mill. They proceed further and say that Tomas Stepkins the same Year did for 50 l. let this to Marcellus Hall for 128 years at a Pepper-corn Rent which Lease expired but in 1680. and till now we could not come to litigate that Matter because he had made such a Lease But then I am to take notice by the Way and so must you into the Bargain there is another boundary made there abutting on the Well there called Shadwell and the way leading from Shadwell to the Lynches After this they come to tell you further that Marcellus Hall 22 December 2 and 3. Phil. and Mar. let a Lease to Carter and that was for 20 Years Now you are to take notice that in this Lease of Carters there is notice taken of a Mill and about an Acre of Land thereto belonging very carefully put in And that say they sheweth that your Boundary could not extend to so much as seven Acres And to back that Evidence they shew you a certain Survey taken in Queen Elizabeth's time concerning the Mannor of Stepney which you are by consent to have with you and you will do well to consider it well in your Perusal of it And now comes the main Deed. Say the Defendants Counsel it falls out that you are but Lessee under Marcellus Hall who was Lessee under us and was obliged in a particular Covenant that he should not let any part of this Land without the License of our Ancestor Stepkins who made him such a long Lease But it hapned he had a mind to let some part of this Land to the Dean of Pauls from whom he had a Lease of the Mill. And accordingly he had a License from Stepkins so to do which say they is the reason why they come to lay claim to our Land This they take notice to be in time 16 Nov. 2 and 3 Phil. and Mar. When I must tell you by the Way that the first Lease pretended by them to be made to Marcellus Hall is the long one 6 Ed. 6. by Thomas Stepkins so that Marcellus Hall came to be Lessee under the Dean and Chapter before he had any Authority or Interest from Stepkins nay before he had any Lease from Hill Mr. Att. Gen. My Lord if your Lordship pleases to remember Marcellus Hall did take first by Lease from Richard Hill in 37 H. 8. L. C. I. Pardon me Mr. Attorney I did not Misrepeat it I say he first had a Lease from the Dean and Chapter M. Att. Gen. That was of the Mill only L. C. I. That is contented and the very gist of the Question Mr. Attorney how much is comprehended in that Lease But to go on with the Defendants Evidence Then in Novemb. 2 and 3 Phil. and Mar. is the Deed to Roper of which I shall have occasion to say more anon In 5 and 6 Phil. and Mar. comes Iasper Hill the Son of Richard Hill the first Owner of the Land and that entred into the Statute to Salvago he makes a Conveyance to Macheline Stepkin Thomas's his Widow and Iohn Stepkin his Heir Mother and Son upon which afterwards there is a Surrender made by Marcellus Hall to
Deed whereby Jasper Hill Son of Richard Hill sells all his Lands about Ninty two Acres in the Marsh and County of Middlesex to Machelin and John Stepkins and their Heirs and is the Deed whereby Lady Ivy in Easter-Term 1686. Claimed these Lands without producing the foregoing Deed of the 23 d Mar. 5 Edw. 6. but in Easter and Trinity Term 1687. Lady Ivy to make Title to these Lands produced that of the 5 th Edw. 6 th without bringing out this at all And that Jasper Hill by Fine and Recovery 3 Eliz. and by Deed 12 th May 4 Eliz. conveyed Twenty Acres of Land and a Hundred Acres of Marsh in White-Chappel Stepney and Wapping to Macheline and John Stepkins and their Heirs Richard Hill having the 3 Dec. 32 Henry the 8 th entred into a Statute to one Vivald and Salvago all the Lands which he was possest of after that time being One hundred and thirteen Acres were extended and among them the Lands in question and that that Extent was purchased in by Stepkins A Presentment of Sewer's finding Twelve Acres in possession of Walthall and Woodcock as the Freehold of Stepkins and part of the Lands in question John Stepkins as Surety for William Patent Covenanted to pay to the Queen 7928 l. 7 s. 11 d. ½ and to secure it levied a Fine and conveyed an Estate to Trustees for the Queen in which Conveyance inter alia is mentioned Four Acres of Meadow with a Pond and Island in the possession of Alice Woodcock which Lady Ivy's Counsel do say is the Ground now called Pruson's Island And the said John Stepkins at that time did give Bond to perform Covenants which Bond being forfeited in the 19 Eliz. the rest of his Estate was extended and not released till 7 Jacobi 1609. and then restored to the Stepkinses again And Lady Ivy in her printed Paper affirms that most of the Lands in the Extent 4 Eliz. are mentioned in this and particularly all the Lands in dispute and thence would infer that these were Stepkins's Lands at that time and if so ought to be hers now The Answer to it THE Act of Parliament was undoubtedly so ◠and only shews there was a Hundred and thirty Acres to be Drained and that Richard Hill having purchased Vanderdelfe's interest was to have one Moiety of it This Lease if really true only shews that Richard Hill had Land there which it may be he had and probably he or his Son Iasper might after sell it to Iohn Starkey under whom it is claimed now before they sold any to Stepkins at all This if true purports a most absolute sale of all the Lands Richard Hill had in the County of Middlesex and yet the said Richard Hill the 20◠Oct. 6 Edw. 6. by his last Will and Testament settles the Lands he bought of Vanderdelfe of which by the Deed this appears to be part on his Son Iasper Hill with several Remainders over in Tail which 't is not likely he would have done had he sold it away before and as a very good Argument that it was so Entailed by Richard Hill's Will there appears on Record a Fine and Recovery suffered by Iasper Hill Richard Hill's Son to Machelin and Iohn Stepkins of Twenty Acres of Land and a Hundred Acres of fresh Marsh in White-Chappel Stepney and Wapping the 3d of Eliz. which had been needless had it not been so Entailed and is an Argument that Stepkins bought nothing of Hill till that time And yet in Trinity-Term 1684. in a Cause 'twixt the Dean of Saint Paul's London and Lady Ivy about Shadwell Lands a Deed was then given in Evidence Dated 16 Apr. 6 Edw. 6. whereby Richard Hill sold Twenty four Acres and all the Lands he had in Stepney and Middlesex to Thomas Stepkins But this Deed having had the misfortune to be markt as found and Sworn to be so with a long Lease of a Hundred twenty eight years and other Deeds among the Writings of the Churches Lessee it was not believed then and one of the Witnesses that swore to the so finding those Deeds was Perjur'd upon 't and stood in the Pillory for it and some of the said Deeds were then left in Court by Rule of which Dated Iune 1687. upon an Information against Lady Ivy for it a Trial is ordered next Term. Note Lady Ivy's Wapping-Estate came intirely into her power to sell and dispose of it in 1655. and when her Ladiship in 1656. sold Land in Wapping to Mr. Arlibear and in 1658. to Brian Harrison Trustee for Mr. Wood Copies of this Deed were given them by which it appears if they were rightly taken that Livery and Seisin was Endorsed on the back of that Deed the 20th of Nov. in the 5th and 6th year of Philip and Mary and 't is notoriously known that Queen Mary died the Seventeenth of that Month and that Queen Elizabeth was proclaimed the same day This is not denied to be true and is a great Argument against the Truth of the foregoing Deeds it being not credible that this Fine was levied in pursuance of either of those Deeds it being done so long after and there being also a Deed by Lady Ivy's own shewing dated the 12th of May following 4 Eliz. to convey the Lands in that Fine comprized but that Deed not naming the Lands in question was neither produced in Easter-Term 1686. nor in Easter nor Trinity-Term 1687. but was in a Trial in Trinity-Term 1684. but 't was in another cause and the contents of it took at that time This Extent was undoubtedly made but affects not at all the Creditors nor Iolliff's Title for the Ten Acres of Freehold Land that was Nelthorp's in right of his Wife sole Heir of Iohn Starkey in the 10 Eliz. and Pruson's Island might have been we do not say 't was Richard Hill's since the 32 Hen. 8. and yet no part of what was sold to Stepkins the 3 Eliz. and for the Twelve Acres of Copyhold 't is plain it was Richard Hill's and by his Son Iasper sold to Iohn Stepkins under whom the Creditors by uninterrupted Surrenders all along down on Record do make out their Title to it It seems to be very much and in many places razed and not legible and is not produced by the hands of the proper Officer That Iohn Stepkins as Surety for Patent being in Debt to the Queen made over his Estate to Trustees for her use and that 't was after Extended and not released till 7 Iac. is true But Note in the Conveyance to the Trustees for the use of the Queen there is but a very few Acres mentioned as lying in Wapping-Marsh and in the Extent and Lease to Alice Stepkins by the Queen 19 Eliz. Fifty Acres in Wapping-Marsh only are mentioned which seems to make out that Stepkins had no more there at that time and among those none of the Lands now in question are any way named or described For as for the
Four Acres of Meadow with a Pond and Island in the possession at that time of Alice Woodcock it may with much more of reason be taken to be the Four Acres of Land with the place where there was then both a Pond and Island lying East of Pruson's Island whereof Three Acres was sold to Brian Harrison Trustee for William Wood 1658. and the rest to Mr. Arlibear in 1656. both by Deeds enrolled by Lady Ivy her self Besides had these Lands now in question been then so convey'd to the use of the Queen and extended and so remained till 1609. 't is not to be imagined that they could during that time have been sold as plain 't is they were on Record by Sleford to Tailford the 24 Eliz. and by Cross to Bennet the 43 Eliz. of whom Richard Glover bought and several Surrenders were made of the Copyhold Land in that time and particularly that to Richard Glover under whom the Creditors claim in 1603. As were also the Sales by Peter Osborne to Woodshaw 25 Eliz. 1583. and by Iames Woodshaw to Richard Glover 3 Iac. 1604. under which Pruson's Island was quietly enjoyed till 1679. and under which the Heirs of Rebecca now Claim To Answer the Possession Lady Ivy says That 14 Eliz. 1572. John Stepkins Demised Twelve Acres and other Lands of which these were part with an Island and Pond to Anthony Walthall and John Woodcock for 62 years And that 44 Eliz. 1602. Walthall and Woodcock mortgaged the same to Richard Glover That Anthony Walthall and Thomas Woodcock Son of John surrendred and released to John Stepkins That Richard Glover being in possession under the Lease to Walthall and Woodcock and one Pruson claiming some Interest under Glover they both released to John Stepkins John Stepkins demises the Premisses in question inter alia to Richard Glover for Fifty six years at a red Rose for the first Ten years and after that at 20 l. yearly payable to Mr. Stepkins his Executors and Assigns and the Rent being so reserved and not to his Heirs the Counsel for Lady Ivy says It was not payable to his Heirs and so ceased but that 120 l. was paid for the first six years to Lady Ivy's Father as did appear by Whitfield her Fathers Steward's Book of Accounts which had been produced at a former Trial and allowed as Evidence but was since burnt in the Fire at Wapping Sir John Brampston swore he believed 't was his Fathers Hand that was set as a Witness to it and Serjeant Brampston in his Deposition taken 1675. to perpetuate his Testimony swears so too and that about six or seven years before his Examination in 1675. looking among Lady Ivy's Writings left with him by his brother Sir John who was Executor to his Father he did find a Deed with the Name Richard Glover set thereto as a Party but did not then read the same but believes the Deed on which he was examined being the said Fifty six years Lease was the same Deed he so found and on the Suit with Bateman did deliver many Writings and Evidences to Lady Ivy and advised her to read them over and that among them she told him she found this Fifty six years Lease and in her Answer to Sir Robert Cotton's Bill put in against her 1675. she also swears she so found the said Lease in May 1675. and does acknowledge in that her said Answer that she did not know of the said Lease nor of the Rent thereon received And yet as A farther proof of this Lease it having been sometime sworn that one Duffett said he was making a Writing he called Glover's Lease about 1671. Lady Ivy to shew 't was known in 1664. and if so could not be made in or about 1671. does produce A Deed wherein the said Lease is recited being a Conveyance executed by Sir Thomas Ivy and his Lady of the Inheritance of five Acres of Land on which Kingstreet in Wapping is built to Edward Burtbee and Edward Temple in Trust to secure 800 l. to Sir Thomas Ivy by 100 l. yearly till Principal and Interest paid with a Covenant to levy a Fine And to prove this Deed she produced Edward Burtbee himself who swears very home to the matter and says he was Party to it but the Witnesses are all dead A Fine was levied to Burtbee and Temple of Five Acres of Land in Stepney and Middlesex And that under the Lease to Walthall and Woodcock for Sixty two years and this Lease thus taken of John Stepkins by Richard Glover for Fifty six years All the Possession of such as have claimed all along under him has been Several Verdicts and in favour of the foregoing Title are by Lady Ivy produced and as a very great Argument of the truth of her Deeds is alledged the very great difficulty of making so many as there must have been made if any there be in her Case If there was such a Lease as per contra made by Iohn Stepkins to Walthall and Woodcock for sixty two years from 1572. and that the same was made over to Richard Glover in 1602. 'T is very strange that the said Richard Glover if he had no other Title but that Lease at that time should presume to let Leases of Lands therein comprized as he really did to Pruson and Watts for Terms that would not expire till long after that Lease an Enjoyment went with them and much stranger it is that they should accept of such Leases and consider his Title no better it being Building-ground on which they laid out their Estates Besides if Walthall and Woodcock mortgaged the same to Richard Glover in 1602. and that he was in possession of it under that Lease in 1619. as the Surrender made by Pruson and him of it shews he was till that time how came Anthony Walthall and Thomas Woodcock to have it to surrender or release to Iohn Stepkins 1 Nov. 1613. which Serjeant Francis Brampston swears was the date of that Release And if Walthall and Woodcock had it to surrender and did surrender it in 1613. to Iohn Stepkins how came Glover and Pruson to have it again to surrender in 1619 This is very strange if true Note The Release dated in 1613. was produced when the following Fifty six years Lease first was in 1675. and the other Release not till some years after when discovered it was that Richard Glover was possest of that Land all the time between 1613. and 1620. so that the first Release was not late enough to justifie the making of the next Lease for fifty six years Against the probability of the truth of this Lease Note Likeness of Hands and payment of Rent no better proved than per contra without any thing else is but a slender Testimony to support a suspected Deed which this may deserve to be for the following Reasons 'T is not pretended 't was known to Lady Ivy till found by her when wanted in 1675. and if
such an Inheritance Deed made and assigned in Trust for Sir Thomas to Burtbee and Temple at that time and no notice in that Controversie be taken of it at all considering also that that Lease was at that time within Nine years of expiring and also not worth any thing had the Fifty six years Lease been true And farther to demonstrate that it cannot be with reason believed that the Fifty six years Lease from 1620. could be recited in a Deed made in 1664. that was perused by Serjeant Brampston and he a Witness and Lady Ivy a Party to it Note Serjeant Brampston when examined for Lady Ivy in this Cause in 1675. to perpetuate his Testimony being in the fourth Interrogatory asked When and how long it was since he FIRST law the Counterpart of the Lease explained to be this Fifty six years Lease in the second Interrogatory and where and among whose Evidences Papers and Writings he did FIRST see the same in answer deposeth That having several Boxes and Bags of Writings to him delivered by his Brother Sir Iohn that were in the possession of Sir Iohn Brampston his Father at the time of his death to be by him kept he was desired by one Sir Charles Stepkins about six or seven years since to search among the said Writings for the Counterpart of a Lease made to one Bourne and that upon this Deponents THEN searching he did find a Deed with the name Richard Glover as a Party set to it but saith he did not THEN read the same and that these Bags and Boxes of Writings he after delivered to Lady Ivy and among them she told him she found this Lease Now if Serjeant Brampston swears true that the FIRST time he found which in common Speech is as much as to say he knew not of it before a Deed under Glover's hand which might well be the Lease lett by Richard Glover to Aaron Williams which Lady Ivy had purchased were but six or seven years before 1675. how then was it possible that it could be by him for so Burtbee swore 't was recited in a Deed made in 1664 And had it been so recited as now 't is pretended it was in a Deed made in 1664. to which Lady Ivy was Party it must have been known to her self which in her Answer to Sir Robert Cotton's Bill she swears it was not but that it was by her found in May 1675. in an old Bag of Writings And Serjeant Brampstons Deposition also says That she at that time told him that she did find it so so that it is not hard to believe this Deed never produced till Easter-Term 1686. was made for the purpose aforesaid since to support the Truth of this Deed there is nothing more than barely the Oath of one Edward Burtbee a man well known about Town and that he has been all along employed by the Lady Ivy and so not unlikely to have been in the Secret For the Fine if the Deed of Uses be not true it may be of any other five Acres But Note 't was Levied two years after 1664. Just about the time that Sir Anthony Bateman failed and when Lady Ivy set up to Claim the Inheritance of it nor is without some suspicion of having been unduly levied it may be by passing the Offices without the knowledge of Sir Tho. Ivy and Lord Chief Justice the Roll where the Caption of it to which the Lord Chief Justices Hand should be in the Custos Brevium Office being lost And if that Fine was really levied by Sir Thomas Ivy which is still to be doubted for the reason aforesaid 't is not however to be wondred at much considering that he had covenanted to do any Act with the Land in that Lease his Lady should desire so it might be no prejudice to the payment of his 800 l. as aforesaid And it may be he was made believe at that time that it was her Inheritance by being showed the Deed of the 12 Nov. 5 and 6 Ph. and Mary which was before that time made and if any Deed there was made to Edward Burtbee and Edward Temple to lead the use of this Fine of five Acres 't is plain it could not be a Deed dated in February 1664. reciting this Fifty six years Lease for the reasons aforesaid but must have been some other Deed after that time made and designed as this Fine seems to have been in future times to make out some colourable Title to the Inheritance of this five Acres of Land which Lady Ivy held only by Aaron Williams his Lease that expired at Lady-day 1681. And that 't was privately done is plain for neither the Fine nor the Deed was ever in any Trial produced till Easter-Term 1686. All that is to be said to the Verdict is They were given at times when the Creditors Title and that to Pruson's Island were not well made understood to the Court and Jury and when Lady Ivy's Deeds were believed As for the difficulty of making of Deeds a great many may as well be imagined to be made as one single Deed where the Ingenuity of the Party concerned and the Nature of the Title and Place afford good Materials for it And The Reader is now desired to take Notice That Wapping-Marsh was one Hundred and thirty Acres drowned Land in Henry the 8th's time and undertook to be Drained by one Vanderdelfe and so setled by Parliament that when Drained it should be equally divided 'twixt the Proprietors and Richard Hill who had bought Vanderdelfe's half And That no Division though undoubtedly one there was it may be among themselves made is now to be found on Record And Iasper Hill 3 Eliz. by Fine and Recovery having sold to Macheline and Iohn Stepkins 20 Acres of Land and 100 Acres of Marsh in Stepney that being the first Sale on Record 'T is in the power of Lady Ivy as Heir of Stepkins to Claim any part of the Marsh by alledging 't was part of what her Ancestors purchased if to answer the Possession there can any way a Lease be set up and by her Ladyship's luck only in finding old Leases these long Disputes have been made For the Proprietors no Division appearing being able to make no Title unless to the Copyhold before that purchased by Stepkins 3 Eliz. By such Lease she may claim any parcel she will though the Owners thereof have had it ever since the Draining thereof which could not be done in another place and makes it much easier to have been done than it can be imagined here And to remember That The Title by which the Creditors claim the Ten Acres of Freehold and Twelve Acres of Copyhold Land and whereby the Heirs of Whichcot do claim Pruson's Island and under which those Lands were all quietly held and enjoyed till after Sir Anthony Bateman failed is by Copies of Court Roll and Deeds on Record against the truth of which there has never yet been nor ever can be the least
give Allowance for Alimony to the Plaintiff And do Order and Decree that the Plaintiff have paid unto her the Sum of 300 l. by the year which their Lordships intend to be had and raised out of the Plaintiffs Father's Estate so setled in the said Trustrees as aforesaid until farther Order And do therefore Order that the said Defendant and the said Trustees shall authorize or permit and suffer the Plaintiff or whom she shall nominate and appoint from time to time quietly and without Interruption to receive the Rents and Profits of the said Lands And the several Tenants of the Premisses are hereby ordered to pay the same accordingly from our Lady-day last And the said Trustees and the said Tenants in so doing are to be saved harmless by the Decree of the Court But in case the said Lands are in a greater yearly value than the said 300 l. per Annum And that the said Defendant shall at any time signifie so much unto their Lordships And undertake and sufficiently secure the Payment of 300 l. per Annum quarterly unto the said Plaintiff by equal Portions to begin from our Lady-day last then the said Defendant is hereby decreed to pay unto the said Plaintiff the said yearly Sum of 300 l. accordingly until further Order at aforesaid And that the said Trustees are in such Case to permit and suffer the said Defendant and his Assigns to receive and enjoy the Rents and Profits of the said Fathers Estate any thing herein contained to the contrary in any wise notwithstanding Rob. Dod Deput Regist. Being advertized by a Friend of these irregular Proceedings and perceiving what a Considerable part of my Estate was aimed at I addressed my self immediately with this Petition to the Lords Commissioners August 19. To the Right Honourable c. The Humble Petition of Thomas Ivie Defendant Husband to Theodosia Ivie Plaintiff Sheweth THat several Papers have been brought to your Petitioner intituled â—â— Orders from your Lordships but without any Subscription of the Register or his Deputy That at the end of one of the said Papers 't is mentioned that unless cause at the next Privy Seal be shewn to this Court to the contrary by the Defendant That 300 l. per Annum therein mentioned shall be decreed But on what day the next Privy Seal will be or in what place is not expressed in the said Paper Neither can your Petitioner by all possible means and industry find when and where he may attend your Lordships Insomuch that your Petitioner hath just Ground to fear if any such Order be either he may be surprized or a Decree might pass against him without his Knowledge of the time wherein he might make his just Defence especially all his Papers being at present in the Custody of his Sollicitor Mr. Cox who is not in Town In tender Consideration whereof may it please your Honours to declare whether any such Order was made by the Court and at what time and place your Lordships have or will be pleased peremptorily to appoint to hear the Defence of your Petitioner who with all humility and willingness will attend your Lordships Hoping by God's assistance to give a full Demonstration of his Innocency and Integrity and to wipe off all the foul Aspersions whatsoever which have been cast upon him to ruine both his Person and Estate And your Petitioner shall ever pray c. All the Return that I could obtain from the Lords Commissioners unto the said Petition was this Let Mr. Ivie attend us to shew us Cause according to the last Order on Tuesday next 19th of August 1652. B. Whitlock R. Keeble J. Lisle On the Tuesday following I did attend in Person but without any Counsel all being in the Circuits with the Judges And if could have found any it had been almost impossible to have fully instructed them in the Cause there being so many Depositions and those of so great Length Whereupon I renewed my humble and earnest Request unto them with all the Vehemency I could express That they would make no Decree before they heard the merits of the Cause on both sides Notwithstanding I found 't was their Resolution to sign that Irregular Paper and to declare before-hand that they had found just Cause for Alimony The Preamble of the Decree being full of Reflections and containing several Insinuations against me All that they thought fit to add was this Clause Vntil further Order A dear Expression in Chancery and as costly as the other Vnless he shew Cause Now and not before was the Order which they commonly call the Decree having put the Great Seal unto it delivered unto the Register to enter which first ought to have been drawn by him and then perused by Counsel on both sides Had any one but heard what smooth words the Lords Commissioners gave me at this time telling me That it should not be prejudicial unto me and that they would hear my Counsel at any time come when I would and that 't was but a Temporary thing and that they would deal tenderly with me in so tender a Case as between Man and Wife one would have almost been persuaded that it had been my duty to have given my consent also But though there was Honey in their Mouths yet was there too too much Gall in their Ink and Wormwood in their Decree Had they but considered the Deed of Covenant which they professed they had perused 't would have appeared very evident that there was no shadow for so great allowance as 300 l. per Annum When her Father himself and my Wife also made to me a Proposition of giving her the liberty of living where she would and setting out for her fit allowance they themselves did desire no more but 120 l. per Annum Depos l. Besides of the Articles in my custody which they caused to be drawn to the same Purpose But I suppose the Lords Commissioners were so far from considering what they signed that they never read the Deed which they mention nay I think I may safely say They did not or would not consider the Act it self for Alimony For that Act impowers them to give only such Alimony as is proportionable to the Fortune which the Woman brought and that also to be raised out of the Husbands Estate Whereas the truth is she hath not in all her Proofs proved that she had been or in probability could ever be worth a Penny to me And as for that Estate which the Lords Commissioners did decree unto her 't is true I had an equitable Title unto it but it really did belong to the Heir at Law until such time as I had performed some small Covenant Insomuch that Mr. Stepkins his Son and Heir also was injured by these proceedings of the Lords Commissioners for which he hath often made his Complaint as well as his just Title in Law though to little purpose I know full well what shadow the Commissioners put on this dealing