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
THE Famous Tryal in B.R. BETWEEN THOMAS NEALE Esq AND THE Late Lady Theadosia Ivy. The 4th of Iune 1684. BEFORE The RIGHT HONOURABLE THE Late Lord Jeffreys Lord Chief Justice of ENGLAND For PART of SHADWELL IN THE County of MIDDLESEX AS ALSO The Title of the Creditors of Sir Anthony Bateman and the Heirs of Whichcott compared with that of the Lady Ivy to certain Lands in WAPPING TOGETHER WITH A Pamphlet heretofore writ and set out by Sir Thomas Ivy her Husband Himself and here now Reprinted again In Perpetuam Rei Memoriam Printed in the Year 1696. TO THE READER THE late Lady Ivy so many Years famous for Wit Beauty and Cunning in Law above any being so Unfortunate in the Year 1684. in a Tryal between Thomas Neale Esq and her Ladyship before the then Lord Chief Justice Ieffryes to have the Deeds by her then produced not believed such of her Heirs and Executors as have not renounced which some of them have the having any thing to do with her Title as well in Vindication of her Ladyships Honour as of the Integrity of such Council and Attorneys as then were imployed in the Cause in Case they should be so again do give out of late that though she and they then were so cruelly baffled they however will try for 't again Now for the Honour of both Judges and Jury before whom that Cause was then tryed and for the Benefit of the Free-holders of Middlesex whose Estates may be possibly subject to be claimed by Deeds left by her Ladyship she having often declared she had Title to many more Houses and Lands than she in her Life time had sued for as also for the Satisfaction of such as are in the least desirous to know the Truth of this Matter The following Tryal is Printed with a Map of the Land then tryed for being about seven Acres in Shadwell in the County of Middlesex of which the Lady Ivy by a Verdict the Michaelmas Term before had got the Possession The State of the Question being whither the said seven Acres was part of the ancient Inheritance of the Dean of St. Pauls London to whom the said Mr. Neale was Lessee and so now the Lessor of the Plaintiff or part of Wapping-Marsh that had been dreined by one Vanderdelf and after sold to the Stepkinses under whom Lady Ivy did claim As likewise is with it reprinted Three or Four Sheets of Paper writ in the Year 1687. comparing the Lady Ivy's Title with that of the Creditors of Sir Anthony Bateman and the Heirs of Witchcutt for Lands in Wapping with a Map thereof as it now lies most plain and exactly agreeing with the Boundaries mentioned in the old Deeds on Record by which alone and no other they claim and now are possest of the same To which also is added a Pamphlet entituled Allimony Arraigned writ by Sir Thomas Ivy her Husband himself Reprinted herewith to make the Book sell the better and to the longer perpetuate so true and diverting a Story The CONTENTS THE Dean of St. Pauls Title from pag. 1 to pag. 4 Lady Ivies Title from pag. 4 to 22 Knowles Examined about finding Deeds for Lady Ivy p. 7 Swears he found out one Deed by what was Writ on the Outside and nothing was Writ on it p. 8 Swears he found another Deed by seeing Marcellus Hall's Name Writ on the Outside which Writing after appeared to be writ by Sutton Lady Ivies Attorney p. 9 The Survey of Stepney produced for and by Lady Ivy but proved otherwise p. 12 Banister Lady Ivyes Rent-gatherer Examined to the finding a Deed in Knowles's House to which he had set his Hand and swears he found it there p. 15 But it proved the Purchase Deed and so that could not be p. 16 Banister and Knowles swear contrary to each other p. 17 A Commission of Sewers produced but not by the proper Officer p. 23 The Overshot-Mill pretended to by Lady Ivyes own Witnesses made appear to be a Tide-Mill p. 26 Mrs. Barefoot a through paced Witness sworn and other Witnesses of Lady Ivyes p. 29 to 32 The Plaintiffs Reply p. 32 Foxes-lane proved the Boundary 'twixt the Deans Land and Wapping-Marsh by Mar and Leyburn the Surveyers proved 130 Acres West of Foxes-Lane p. 37 The Forgery opened and proved by the Style of the Deeds themselves by Styles in the Acts of Parliament and Fines of that time p. 38 Sir Charles Cotterell sworn p. 39 Sir Charles tells the story of Lady Ivyes forging a Mortgage of 1500 l. from Sir William Salkeild and how Mr. Duffett was privy to it and how Mr. Sutton was so concern'd in it that L.C.J. said it smelt rank of a Knave how Lady Ivy did relinquish this Mortgage but afterwards writ Duffett word she would set it up again and that he should have half of what she Recovered p. 40 Lady Ivy frets at Sir Charles Cotterell's Evidence p. 41 Mrs. Duffett Lady Salthills Daughter and Widow to Mr. Duffett who was reputed to forge for Lady Ivy being sworn swears she saw her Husband forge several Deeds for Lady Ivy. 1st a Bond of 1000 l. from Sir Tho. Ivy. 2d Several Letters 3d. She seeing him writing a Parchment she asked him what 't was and was answered he was Counterfeiting one Glovers Lease by which Lady Ivy would get many hundreds of Pounds and that he should get 500 l. 4th the aforesaid 1500 l. Mortgage Lady Ivy and Mr. Duffett agreed to make in my Sight Lady Ivy directing what Ink to use to make it look Old that Mr. Sutton was lett in when Mr. Duffett was counterfeiting for Lady Ivy and how they rub'd the Deeds on dirty Windows and wore them in their Pockets and laid them out in Balconies and shriveled them before the Fire or in the Sun to make them look Old p. 41 200 l. of the Money borrowed of Sir Charles Cotterel at one time given to Mr. Duffett and as much to Mr. Sutton Mrs. Eliz. Riccord Sworn produced Lady Ivy's own Letters left with her by Mr. Duffett to whom they were writ in one of which she tells him she intends to set Sir William Salthill's Mortgages on foot again and as her Husband promised him he should have half and two Bottles of Ink out of which she saw Mr. Duffett write for Lady Ivy what he said was forged and said that with Ink out of these Bottles he could make new writter Writings look old very soon p. 42 Here the Plaintiff ended and then follows Mr. Attorney General 's Arguments to palliate the Forgeries p. 43 Mr. Sollicitor Geneneral endeavours but to no purpose to make them not believed Forged p. 44 Mr. Solicitor General pressing that for Evidence very hard the Lord Chief Iustice would not admit p. 45 Mr. Attorney and Mr. Sollicitor say all they can for Lady Ivy p. 45 Then follows the Lord Chief Iustices Speech wherein he incomparably Summs up the whole Evidence p. 46 His Lordship speaks of the
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
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
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
was of Stephens and several others but not of any Hall L. C. I. He does so Mr. Attorney But now I would ask him this Question If there were no mention of any Hall how came you to find out that this Lease from Marcellus Hall to Carter should affect Stepkins or my Lady Ivy. Knowles My Lord I will give you an account of that L. C. I. Ay do if you can Knowles This was at the first time that I saw my Lady Ivy that this Discourse was between us upon another Discourse at another time Hall was mentioned to me L. C. I. How many Names did she tell you of at first Knowles I cannot remember them all L. C. I. He remembers as punctually as can be the Second of August to be the first time that ever he saw my Lady Ivy and then she spoke to him of looking for Writings that concerned Stepkins and Lun and Barker and he remembers such a day the Fourth of Sept. 1682. he found the Deeds but he will not give any account how he came to know by Hall's Name that this belonged to Stepkins I would fain know when you first heard of the Name of the Halls Knowles It was all within a Months time L. C. I. Who was it first spoke to you to enquire about the Halls Knowles My Lady Ivy spoke to me about Hall when I gave her an account of some Deeds I had found L. C. I. How often did you look over the Writings Knowles Several times L. C. I. The first time did you give my Lady Ivy an Account that you had found any thing Knowles Yes I gave her an Account of the Lease of 128 Years L. C. I. Did you find nothing else but that Knowles Yes L. C. I. What did you find else Knowles Several I cannot give an account of all L. C. I. Did you find that Lease or this Deed first Knowles The Lease L. C. I. When did you first find this Deed Knowles The Fourth of September I found the Lease and within Fourteen or Fifteen Days after I found the rest L. C. I. How many deeds did you find out Knowles Half a Score L. C. I. Who was by when you found the Deeds the second time Knowles When I had found the Lease for 128 Years I laid it by and looked further for other things and found a Mortgage which concerned my self and that made me more eager to look for what might concern me besides that I was not so careful as I should have been of the Lease of 128 Years but mixed it among the Writings again but I told my Lady I had found such a Deed and she ordered Mr. Banister to help me to find it again L. C. I. Pr'ythee answer me once more Who first put you in mind of looking after the Halls Knowles My Lady Ivy. L. C. I. Was any body by when she spoke to you to look after the Halls Knowles Yes Mr. Banister was by L. C. I. Who else Knowles Several of my Ladys Servants L. C. I. Name some of them that were by Knowles There was Mr. Banister's Wife and his Daughter by L. C. I. What day was it my Lady Ivy first spoke to you to look after the Halls Knowles Within a Week after I first saw her L. C. I. Was it before you found the Lease you speak of Knowles Yes it was before L. C. I. How comes it to pass then that you did not find it at the first looking which was the Fourth of September when you found that Lease you say Mr. Att. Gen. We mustly lay aside the Testimony of this Man L. C. I. Ay so you had need Mr. Sol. Gen. Pray leave the Deed in Court we shall have Mr. Neale too busie with it else Mr. Att. Gen. We shall desire your Lordship to consider all the use we make of this Deed is to prove that the Mill was removed to another place L. C. I. I do not know what it proves but if you had kept your Witness Knowles in the Mill I think you had done better than brought him hither Mr. Att. Gen. Swear Mr. Banister and Mr. Clerk which was done Mr. Sol. Gen. Did you examine that with the Roll Sir shewing him a Paper Mr. Clerk Yes Sir I did examine that with the Book that Mr. Northy shewed me I think they say he is Steward of the Mannor of Stepney he read in the Book and I read the Copy and it is a true Copy of a Survey of that Mannor taken 25 Eliz. Mr. Att. Gen. I heard say you have the Books of the Mannor here pray let them be produced Mr. Williams You are merry Mr. Attorney if it is a true Copy pray let it be read Clerk Reads The Dean of St. Pauls holds freely of Fee one Field containing by estimation L. C. I. Who is Lord of the Mannor of Stepney now Mr. Powis My Lady Wentworth is Lady of the Mannor Clerk Reads The Dean of St. Pauls holds L. C. I. This bounds it on the East on the Dean and Chapter of Pauls Lands and so doth you no good Mr. Williams Let them go on my Lord. Mr. Att. Gen. With submission these are our exact Boundaries L. C. I. Well go on Mr. Att. Gen. We shall go on and with Submission these Bounds exactly agree with the Bounds that are set by the Act of Parliament for draining the Marsh. Here is nothing that we can see that they can claim but a Mill and Bake-house and they are all bounded on the West by Wall Marsh and the Linches are bounded in part upon the North and in part upon the West and there was a little part of the Marsh did run into the North Bounds But now we shall come to our Evidence and first we shall shew the Act of Parliament Which being A o 22 o H. 8. was read Mr. Att. Gen. Next we shall shew Richard Hill's Conveyance by Mortgage to Vivold and Salvago Which Indenture of Mortgage was read Clerk Reads This Indenture made the Eighth day of November in the 32th year of our Soveraign Lord King Henry the Eighth between Richard Hill Citizen and Mercer of London of the one party and Anthony Vivold and Henry Salvago Merchants of of the other party Witnesseth That where the said Richard before time was indebted unto the said Anthony Vivold and H. Salvago in the Sum of 560 l. of Lawful Money of England whereof they of their free will have pardoned 280 l. The said Richard Hill by these Presents All that Moiety of Marsh Ground being 130 Acres lying and being that is to say from Ratcliff Mill that joins to the Hilly Linch to Ratcliff Town on the Party of the East to Grash Mill by the Hermitage on the party of the West on the High Way leading from London to Ratcliff on the party of the North and on the River of Thames on the party of the South given and assured to the said Richard Hill by Authority of Parliament in the 27th year
they met and in half an hour Mr. Neale came up stairs after they had changed two or three Complements they came to talk about meeting at Mr. Attorney Generals Chamber in the Temple to Treat about their Controversie Says Mr. Neale let there be a Forfeiture upon it of 50 l. to be paid by him that faills No says Mr. Brian I will make no forfeiture but I will certainly meet there Says Mr. Neale again and I question not but to give such satisfaction as whereby to convince you and my Lady that this is not her Estate I should be glad to hear that says Mr. Brian why I hope you do not think the Deeds are Forged No says Mr. Neale I do not think they are forged Mr. Knowles offered me a long time ago to shew me that Deed and I might have had it in my possession but I would not for if I had I should have been the aptest man in the world to burn it This is all I can say L. C. I. And what is this to the purpose Gentlemen alack a day this is very thin A slight Discourse in a Tavern how can any answer be given to such an Evidence tho' indeed it does not need any pray let not our time be taken up with such trifling stories of a cock and a bull Go on to that which is material Mr. Att. Gen. Now we shall produce a Lease from Marcellus Hall to one Roper of part of this Eleven Acres and an half Clerk reads This Indenture made the 13 day of November in the 2d and 3d years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the Grace of God King and Queen of England Spain France both the Sicilies Ierusalem and Ireland Defenders of the Faith Arch-Dukes of Austria Dukes of Burgundy Millain and Brabant Countess of Hasburg Flanders and Tyrole between Marcellus Hall of Radcliff Miller of the one party and Richard Roper Citizen and Salter of London of the other party witnesseth That the said Marcellus Hall for the sum of Six pounds of good and lawful Money of England to him by the said Richard Roper in hand paid whereof the said Marcellus Hall clearly acquitteth and dischargeth the said Richard Roper his Executors and Assigns and every of them by these presents hath granted demised and to farm letten and by these presents granteth demiseth and to farm letteth to the said Richard Roper a parcel of Marsh Ground lying and being in Waping Marsh at the East end of the Marsh beginning at the west side of the Well which lyeth by the way that leadeth up to the Linches called Shadwel measured by a strait line from the Linches by the west side of the Well to the Thames Wall and reaching West to the way that leadeth up into Radcliff high way containing by estimation of Measure Seven Acres little more or less and the Pond all which Marsh Land abutteth North upon the Linches of the Deart and Chapter of the Cathedral Church of St. Paul and South upon the Thames Wall and also all the Thames Wall belonging to the Seven Acres with the Forland and Soyl down to the Low Water Mark of the River of Thames All which Marsh Lands are lying in the Parish and Mannor of Stebunhith alias Stepney in the County of Middlesex To have and to hold the said parcel of Marsh Ground Wall Fore-Land and Soyl with the appurtenances to the said Richard Roper his Executors and Assigns from the Feast of the Annunciation of our blessed Lady St Mary the Virgin next coming unto the end and term of Four and twenty years from thence next ensuing and fully to be compleated and ended yielding and paying therefore yearly during the said Term to the said Marcellus Hall his Executors and Assigns Three pounds of good and lawful money of England at Four Terms of the year L. C. I. What date is that Deed of Clerk The 13 th of November in the 2 d and 3 d. years of King Philip and Queen Mary Mr. Att. Gen. Now we shall read Stepkinses's Licence to Hall to alien his Term. Clerk Reads To all manner of People to whom this present writing shall come I Thomas Stepkins alias Stipkins of the Parish of Stebunhith alias Stepney in the County of Middlesex Beer Brewer send Greeting in our Lord God Everlasting Whereas I the said Thomas Stepkins in the 16 th of April in the sixth year of Edward the sixth have betaken Eleven Acres and an half of Marsh Land with all the Bank with the Foreland and Soyl down to the Low water mark of the River of Thames that he should not alien or assign the said Lease or Term of years without the special license or consent Now know ye That I the said Thomas Stepkins for divers good causes give Leave and License to the said Marcellus Hall to the Right Worshipful Mr Dean of the Cathedral Church of St. Paul with the Wall Foreland or Soyl under such Covenants as is reserved and contained Mr. Williams I would ask Mr. Banister something about this Deed look upon it Sir Mr. Att. Gen. We have not done with him yet Pray take that Deed out of his hand Mr. S. Pemberton You will let him give some account of it first Mr. Attorney Mr. Att. Gen. You would sain confound him Mr. S. Pemberton He is confounded enough already Mr. Sol. Gen. Now Mr. Banister you have considered of it pray once more look upon the Deed again which he did Was that Deed one that you signed then or no Banister This is my name but I cannot find the Date of this Deed in my paper I cannot tell now whether it be one I found then or no. Mr. Sol. Gen. Did you set your hand to any Deeds that were found there which you did not set down in your paper Banister No not that I know of I do not know I did L. C. I. Prithee where didst thou set thy hand to that Deed. Banister I set my hand to the Deeds that were found there at the House L. C. I. Did you set your hand to none else but what were found there Banister I have set my hand to divers Deeds beside but they are none of those Deeds that are in my paper L. C. I. Where did you set your hand to any Deeds besides Banister To divers Deeds I have set my hand at home L. C. I. Have you to any relating to the Lands in question Banister I do not know that I have set my hand to any Deeds relating to the Lands in question but at Mr. Knowles's L. C. I. To what purpose did you set your Hand and Name to the Deeds you found at Knowles's Banister To the same intent to testifie that I was at the finding of them L. C. I. To what end did you set your Hand to any other Deeds Banister To the intent that I knew better where the Lands did lye then she did and when my Lady found any Deeds I set my Hand to
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
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
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