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
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
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
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
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
they met and in half an hour Mr. Neale came up stairs after they had changed two or three Complements they came to talk about meeting at Mr. Attorney Generals Chamber in the Temple to Treat about their Controversie Says Mr. Neale let there be a Forfeiture upon it of 50 l. to be paid by him that faills No says Mr. Brian I will make no forfeiture but I will certainly meet there Says Mr. Neale again and I question not but to give such satisfaction as whereby to convince you and my Lady that this is not her Estate I should be glad to hear that says Mr. Brian why I hope you do not think the Deeds are Forged No says Mr. Neale I do not think they are forged Mr. Knowles offered me a long time ago to shew me that Deed and I might have had it in my possession but I would not for if I had I should have been the aptest man in the world to burn it This is all I can say L. C. I. And what is this to the purpose Gentlemen alack a day this is very thin A slight Discourse in a Tavern how can any answer be given to such an Evidence tho' indeed it does not need any pray let not our time be taken up with such trifling stories of a cock and a bull Go on to that which is material Mr. Att. Gen. Now we shall produce a Lease from Marcellus Hall to one Roper of part of this Eleven Acres and an half Clerk reads This Indenture made the 13 day of November in the 2d and 3d years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the Grace of God King and Queen of England Spain France both the Sicilies Ierusalem and Ireland Defenders of the Faith Arch-Dukes of Austria Dukes of Burgundy Millain and Brabant Countess of Hasburg Flanders and Tyrole between Marcellus Hall of Radcliff Miller of the one party and Richard Roper Citizen and Salter of London of the other party witnesseth That the said Marcellus Hall for the sum of Six pounds of good and lawful Money of England to him by the said Richard Roper in hand paid whereof the said Marcellus Hall clearly acquitteth and dischargeth the said Richard Roper his Executors and Assigns and every of them by these presents hath granted demised and to farm letten and by these presents granteth demiseth and to farm letteth to the said Richard Roper a parcel of Marsh Ground lying and being in Waping Marsh at the East end of the Marsh beginning at the west side of the Well which lyeth by the way that leadeth up to the Linches called Shadwel measured by a strait line from the Linches by the west side of the Well to the Thames Wall and reaching West to the way that leadeth up into Radcliff high way containing by estimation of Measure Seven Acres little more or less and the Pond all which Marsh Land abutteth North upon the Linches of the Deart and Chapter of the Cathedral Church of St. Paul and South upon the Thames Wall and also all the Thames Wall belonging to the Seven Acres with the Forland and Soyl down to the Low Water Mark of the River of Thames All which Marsh Lands are lying in the Parish and Mannor of Stebunhith alias Stepney in the County of Middlesex To have and to hold the said parcel of Marsh Ground Wall fore-Fore-Land and Soyl with the appurtenances to the said Richard Roper his Executors and Assigns from the Feast of the Annunciation of our blessed Lady St Mary the Virgin next coming unto the end and term of Four and twenty years from thence next ensuing and fully to be compleated and ended yielding and paying therefore yearly during the said Term to the said Marcellus Hall his Executors and Assigns Three pounds of good and lawful money of England at Four Terms of the year L. C. I. What date is that Deed of Clerk The 13 th of November in the 2 d and 3 d. years of King Philip and Queen Mary Mr. Att. Gen. Now we shall read Stepkinses's Licence to Hall to alien his Term. Clerk Reads To all manner of People to whom this present writing shall come I Thomas Stepkins alias Stipkins of the Parish of Stebunhith alias Stepney in the County of Middlesex Beer Brewer send Greeting in our Lord God Everlasting Whereas I the said Thomas Stepkins in the 16 th of April in the sixth year of Edward the sixth have betaken Eleven Acres and an half of Marsh Land with all the Bank with the Foreland and Soyl down to the Low water mark of the River of Thames that he should not alien or assign the said Lease or Term of years without the special license or consent Now know ye That I the said Thomas Stepkins for divers good causes give Leave and License to the said Marcellus Hall to the Right Worshipful Mr Dean of the Cathedral Church of St. Paul with the Wall Foreland or Soyl under such Covenants as is reserved and contained Mr. Williams I would ask Mr. Banister something about this Deed look upon it Sir Mr. Att. Gen. We have not done with him yet Pray take that Deed out of his hand Mr. S. Pemberton You will let him give some account of it first Mr. Attorney Mr. Att. Gen. You would sain confound him Mr. S. Pemberton He is confounded enough already Mr. Sol. Gen. Now Mr. Banister you have considered of it pray once more look upon the Deed again which he did Was that Deed one that you signed then or no Banister This is my name but I cannot find the Date of this Deed in my paper I cannot tell now whether it be one I found then or no. Mr. Sol. Gen. Did you set your hand to any Deeds that were found there which you did not set down in your paper Banister No not that I know of I do not know I did L. C. I. Prithee where didst thou set thy hand to that Deed. Banister I set my hand to the Deeds that were found there at the House L. C. I. Did you set your hand to none else but what were found there Banister I have set my hand to divers Deeds beside but they are none of those Deeds that are in my paper L. C. I. Where did you set your hand to any Deeds besides Banister To divers Deeds I have set my hand at home L. C. I. Have you to any relating to the Lands in question Banister I do not know that I have set my hand to any Deeds relating to the Lands in question but at Mr. Knowles's L. C. I. To what purpose did you set your Hand and Name to the Deeds you found at Knowles's Banister To the same intent to testifie that I was at the finding of them L. C. I. To what end did you set your Hand to any other Deeds Banister To the intent that I knew better where the Lands did lye then she did and when my Lady found any Deeds I set my Hand to
them and then found the places where the Lands lay L. C. I. Thou hast had a fair time to consider of that Deed canst thou see here to what place that Deed relates by this mark Banister I cannot find the date of the Deed in my paper L. C. I. But where do you think you did put your name to that Deed Banister I cannot tell whether I did it at that time or no but this is my Name L. C. I. I know thy Name is there man I read it two hours ago but did you put your hand to that as one of the Deeds that you found in September 1682. when you were at Mr. Knowles's or not Banister I cannot tell L. C. I. Dost thou believe thou didst not Banister I cannot tell Banister I cannot tell L. C. I. Canst thou tell the reason why thou didst set thy hand to it Banister Certainly because I was at the finding of it I know no otherwise Mr. S. Pemberton Now pray look upon this Deed shewing him another and see whether that be your Name or not Banister Yes my Lord I will Mr. S. Pemberton Is that your Name Banister Yes it is this is one of the Deeds that was found at Mr. Knowles's Mr. S. Pemberton You said so as to the other too Mr. Att. Gen. But he was not so positive in it Banister This is Rat-eaten and so I know it again and there is a Rat-eaten Deed set down in my paper L. C. I. Lethim be as positive as he will he has been forsworn five times Mr. Sol. Gen. He was confounded with a mistake of the Deeds he having set his hand to so many L. C. I. They are Perjured both of them plainly that is the truth of the matter Mr. Att. Gen. I hope the folly of our Witnesses in such Circumstances shall not rob us of our own Land and that it appears to be plainly L. C. I. God forbid but you should have your own Land but by the grace of God if I can help it you shall never have a foot of Land by Forswearing and Perjury Mr. Williams When did you find that Deed Banister The 16 th of September Mr. Williams Where Banister In the Garret at Mr. Knowles's Mr. Williams Are you sure of it Banister Yes I am sure of that Deed because it is Rat-eaten Mr. Williams Knowles Pray do you look upon it what say you to that Deed Knowles This is my hand and this is one of the Deeds that was found there at that time Mr. Williams Pray read the Date of that Deed there Clerk Reads This Indenture made the Thirteenth day of November in the 2 d. and 3 d. Years of Philip and Mary Mr. S. Pemberton That is a Deed from Marcellus Hall to Roper how should that come to be at Knowles's L. C. I. They have sworn it Mr. Att. Gen. They go about to blemish our Deeds by the Folly of our Witnesses which we cannot help We however leave the Deeds to the Jury and let them see if those Seals and other things look like counterfeit L. C. I. Well go on the Jury will have the Deeds with them Mr. Att. Gen. My Lord we did before produce a Conveyance from Richard Hill to Stepkins It rested not there that Conveyance had no legal Execution thereupon there was a Fine and Recovery by the Heir of Hill and what was the Occasion of that will appear by the Deed. Clerk Reads This Indenture made the Twelfth day of November in the First and Sixth Years of the Reigns of our Sovereign Lord and Lady Philip and Mary by the Grace of God King and Queen of England Spain France both the Sicilies Ierusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgundy Millain and Brabant Counties of Haspurg Flanders and Tyrol Between Iasper Hill Son and Heir of Richard Hill late Citizen and Mercer of London of the one Party and Macheline Stepkins late Wife and Executrix of the last Will and Testament of Thomas Stepkin and Iohn Stepkin Son and Heir apparent of the said Thomas of the other Party witnesseth that whereas the said Richard Hill Father of the said Iasper amounting in the whole to the Summ of 2000 by the said Macheline And where variance concerning all that Parcel of Marsh-Land unto St. Katherines which the said Richard Hill bought of Cornelius Vanderdelf for the assuring all that Wapping-Marsh the said Richard Hill stands Bound in an Obligation of which Condition that he should make by a certain Day a good sure sufficient indefeasible of and in all those Parcels of Marsh-land lying in Wapping-marsh that is to say all that with Six Acres of Marsh now in the Tenure or Occupation of one Knevett or his Assignes and all those lying in the East and in the Tenure of one Miller that is to say all the Bank containing by estimation three Acres and an half and all those next adjoining by Measure six Acres or more and two Acres by Estimation of Measure lying in the Bottom of the Lynches and reacheth from the Lynches to the Island by the Pond and also all that Parcel divided into twain six Acres and also that holds in his own Hands that is to say all that Parcel with the Island and Pond containing by Estimation of Measure five Acres and of and in all those Parcels lying on the West side of the Pond containing in the whole sixteen Acres by Measure all which said 16 Acres to Gravel-Lane the said Richard Hill had in his own Occupation reaching to Gravel-Lane sometime plowed and sown by one Richard Clayton and now in the Occupation of one Cooper Butcher and lying on the East side of Gravel-lane towards London Fields which was conveyed to him from one Richard Tyrrell and also all that Marsh in the Tenure of one Clayton Butcher one William Cound Butcher seventeen Acres and of Edward Ash four Acres and also all the Lands Tenements Rents Houses Ponds Fishings Mills to the Low Water-mark of the River of Thames and all Trees For the appeasing all Variances and Suits the said Parties to this Indenture have fully condescended and agreed in Form following that is to say the said Iasper Hill for the Sum of 1200 l. of lawful Money of England in which he acknowledgeth himself to be truly indebted to the said Marcheline and Iohn Stepkin doth give grant bargain sell to the said Marcheline and Iohn Stepkin all the said Marsh-ground lying in Wapping-marsh with all manner of Lands Tenements Forelands Ways Trees to the Low Water-mark with the Appurtenances lying and being in without or elsewhere within the Parishes their Heirs and Assignes for ever all the Right Title together with all Evidences and Writings discharged of all former Charges Incumberances by the said Iasper Hill Mr. Att. Gen. Next we shall shew that Marcellus Hall that had this long Lease and had demised the seven Acres down from Shadwell to Roper doth on the 14th of Nov. in the 5th and 6th Years
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
whereby Tirrill and Harris convey the said Lands to Anthony Bateman and his Heirs who held the possession thereof and received the Rents till he failed about 1666. and under whom Sir Robert Cotton as Trustee for the Creditors claims and in Easter-Term 1686. after a full Hearing in the King's-Bench had a Verdict for this and the Twelve Acres Copyhold Land Title to the Copyhold Land EDward Ascugh and his Wife surrender Twelve Acres in Wall and Wapping-Marsh to Richard Hill Copy whereby Iohn Stepkins surrenders the Twelve Acres to Iohn Harding and recites they had been Alwine's and Gibson's and that he had them by Grant of the Lord of the Mannor and Release of Iasper Hill There is not known to be any but this Twelve Acres Copyhold in the whole Marsh. Iohn Harding surrenders to Iohn Osborne Iohn Osborne surrenders to Richard Wotton and Robert Harrell Iohn Osborne having forfeited for having Lett without License the Lord of the Mannor admitted Walthal and Finch Walthal and Finch surrender to Io. Glascock Glascock surrenders to Tho. Cook and his Wife Cook and his Wife surrender to Richard Glover Citizen and Pewterer of London Richard Glover dying the Copyhold being Gavelkind fell to his several Sons who all after surrendred to Richard the Eldest who dying in 1646. his Son after admittance in 1647. surrendred to Robert Smith and Anthony Bateman who was till he broke in possession and received the Rents Sir Robert Smith dyed 12 Iune 21 Car. 2. so Sir Anthony was the Survivour Sir Anthony became a Bankrupt See the Commission The Commissioners Assignment of the Ten Acres Freehold and Twelve Acres Copy hold to Sir Robert Cotton enrolled Sir Robert Cotton admitted to the Twelve Acres Copyhold A Verdict for Sir Robert Cotton The Heirs of Whichcot's Title to Pruson's Island PEter Osborne conveys the Breach c. to Woodshaw by Estimation Three not exceeding Four Acres butting East on a Sluce South on the Thames North on Wapping-Marsh West on a piece of Ground next abutting and adjoyning on a certain Way or Lane there called Gravel-Lane Enroll'd Iames Woodshaw conveys the same to Richard Glover Livery and Seisin Endorsed Richard Glover Devises by general Words Wapping-Land to Richard Glover his Son Book of Wills The said Richard Glover conveys the same to Warren and his Heirs Enroll'd The said Richard confirms the same to Warren Enroll'd Richard Glover the Grandson confirms the same George Warren sells the same to Richard Lloyd and Iohn Wicken Enroll'd Richard Lloyd and Iohn Wicken by Lease and Release sell to William Crowder Thomas Iordan Thomas Horton and Iohn Iolliff Trustees for Rebecca Whichcot late Glover's Wife Crowder Iorden and Horton Dye before 1680. Iohn Iolliff in 1680. being the surviving Trustee and in William Iolliff his Son and Heir the Inheritance of these Lands remains in Trust for the Heirs of the said Rebecca Whichcot to this Day And Note The Land now called Pruson's Island which Name is assuredly took from having been long in possession of one Pruson under Glover's Title is above Three and not Four Acres butted East on a place where there was a Sluce South on the Thames North on Wapping-Marsh and West on Bridewel-Hospital-Land heretofore a piece of Ground which butted and adjoyned upon Gravel-Lane and was held under Glover's Title by Mrs. Rebecca Whichcot till outed by Lady Ivy 1679. And if Lady Ivy can shew what Land 't is possible the Ten Acres in Wapping-Marsh should be but the Lands in question butting West on Gravel-Lane and where the Twelve Acres of Copyhold in Wapping-Marsh should be that was late Hill's in the 10th and Glascock's the 23d of Eliz. and lying East of the last Ten Acres but the Lands in question and which have been always enjoyed by those the Creditors claim under by Copy of Court-Roll since Edward the Sixth's time and where there should be Three and not exceeding Four Acres that butted East on a Sluce South on the Thames North on Wapping-Marsh and West on a piece of Ground that butted on Gravel-Lane unless the Ground now called Pruson's Island which really does so abutt they will then quit their Claim to these Lands which they otherwise hope will at some time or other be allowed to be theirs As to what Lady Ivy is pleased to say concerning the several Verdicts she has had for her Title the Reader is hereby informed That those Verdicts were got on producing of Deeds which are not mentioned in her printed Paper nor yet to be found on Record And as to what she is pleased to suggest concerning the Conviction of her Adversaries Attorney one Iohnson Note There was one Duffet a notorious common Forger of Deeds and an intimate Acquaintance of my Lady's He first applied himself to Mr. Iohnson as a Witness without Iohnson's seeking to him and discovering his Treaty with Iohnson drew him into a snare being as supposed employed by somebody else As for the Records and Deeds which made up three parts of her Paper they are most of them such as were never made use of at any Trial and serve only for a shew and an amusement and when rightly considered are nothing to the purpose at all And that the World may also see what Title both on Record and otherwise the Lady Ivy has yet been pleased to produce for the Lands in question with what may reasonably be objected against it by Arguments only deduced from other Deeds on Records the same is incerted here and if any Mistake be made in 't it is not wilfully done and will be undoubtedly Answered by Lady Ivy's Direction if there be any thing in it untrue her Ladyship having already appeared twice in Print in these Matters and thereby given occasion for the Printing of this The Lady Ivy's Title THat Wapping-Marsh being one Hundred and Thirty Acres drowned Land was for a Moiety thereof undertaken before the 27 Hen. 8 to be Inned and Drained by one Vanderdelfe who sold his Moiety to one Richard Hill on whom that Moiety was by Act of Parliament 27 Hen. 8. setled A Lease produced by which Richard Hill lets Sixteen Acres to one Clayton a Butcher for five years lying along Gravel-Lane A Deed whereby Richard Hill sells to Thomas Stepkins and his Heirs for ever Sixteen Acres in Wapping-Marsh in the Tenure of one Clayton and Fifteen Acres and Three Roods of Land in Wapping-Marsh then in the possession of Richard Hill lying by the Pond in the said Marsh and all those his Messuages Pond Lands and Soil in the Parishes of Stepney and St. Mary Matfellon or elsewhere in the County of Middlesex and were parcel of Hundred and thirty Acres formerly drowned but not of the Fifty three Acres that were Stepkins's before the drowning Note The word is Drowning and not Draining in the Deed. See Lady Ivy's Answer to Dr. Whichcot's Bill 1677. A
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
return any Answer to it or so much as demand of my Wife who stood there laughing in their Presence whether she would return to me or no Only they were pleased to find fault with that word Separation And told my Counsel That they neither had or could separate our Persons These words they had no sooner spoke but I confess I laid hold on though I had been most hardly and severely dealt withal in the judgment of those that were present Insomuch That now I did despair ever to find amongst them and indeed did determine to commit my Cause unto God until in his due time he should raise up Judges in our Israel who should execute Righteous Judgment even upon those Judges themselves But in the mean time I was advised which was very agreeable unto my own Disposition not to leave any thing unattempted which might be thought advantagious to a union of Us but to go personally to my Wife and persuade her my self to leave those Persons who aimed at both our Ruines And to return to me passionately willing to receive her And if she should notwithstanding refuse to speak or go with me then to demand her of those Persons who received her into their houses Accordingly taking two civil Gentlemen I went to her Lodging but received a Repulse from her instead of Compliance and then seeing Mr. Williamson who kept the house I required from him the person of my Wife who refusing her was sued by me And upon the Tryal before my Lord Chief Justice Roles a renowned Person had a Verdict Judgment and Execution of 100 l. against the said Williamson for detaining my Wife from me Many Counsels there were to argue the Case and the Decree in it self under the Great Seal of England was opened read and shewed the Jury But my Lord Roles quickly stated the resolution of the Case in my behalf and the Jury gave me 100 l. damages Williamson now finding himself in a great Dilemma either to deliver up my Wife or himself to ruine and my Wife in so bad a condition notwithstanding her glorious Decree that although she had 300 l. per Annum yet if she could not take the liberty of her old Companions or any new one wheresoever she should be entertained for fear of Judgment and Executions began to take new Counsel how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House and the truth is sollicited it to the purpose amongst her old Patrons the Lords Commissioners For with all speed Williamson prefers a Bill in Chancery to be relieved against my Execution And after he had preferred his Bill though my Answer was so clear as it could not admit of one exception moved for an Injunction after Judgment and Execution granted at Law and to protect him for keeping away my Wife which was granted in these words as fully as he could desire being ingrossed in Parchment and sealed THE Keepers of the Liberty of England by Authority of Parliament To Thomas Ivie Esquire and to his Counsellors Agents and Sollicitors and every of them Greeting It was informed in our Court of Chancery 10 November instant in the behalf of George Williamson Plaintiff against you the said Thomas that the Plaintiffs Bill is to be relieved against an Action and Iudgment thereupon obtained against the Plaintiff upon pretence of the said Plaintiffs detaining of your the said Defendants Wife from you and it appearing in a Cause of Alimony between you the said Defendant and your Wife that their Lordships decreed her Alimony during Separation In which time she ought to have a Habitation a part from you the said Defendant as well as a separate maintenance or else the Decree were groundless And we conceiving the doings of you the said Defendant to be altogether unjust Do command and by these Presents strictly enjoyn you the above-named Thomas Ivie and you his said Counsellors Attorneys Agents Sollicitors and every of you under the pain of 500 l. to be levyed of your Lands Goods and Chattels to our use That you and every of you do from henceforth surcease and forbear all further Proceedings at the Common Law against the Plaintiff upon the said Action and Iudgment thereupon until the said Cause shall be finally heard and determined before us in our said Court And this you nor any of you may omit in any wise under the penalty aforesaid Witness our Hands at Westminster 10 November 1653. Vera Copia ex May. This Injunction being now Granted Signed and Sealed with the Commissioners Hands under the Great Seal of England is the Accomplishment of all their Designs and the compleating of my Misery though the Courts of Law both could and have in some measure relieved me yet is the power of it restrained by this Injunction which indeed I suppose can be called nothing else than a perfect Separation and Divorce Whether the Chancery being stiled the High Court ever receives from any Parliaments such an unlimited power as this It behoves them to make our unto your Highness 'T is the Opinion both of the greatest and honestest Counsel of England That no parallel for this Case no President of the like Nature is to be found on Record Nay they are not backward to aver That it is as contrary to the Word of God the Law of the Nations the Civil Law the Law of our own Country as well as the Practice of the Chancery it self Once did that Court by its own Authority issue out a Sequestration upon a Gentlemans Estate and it was by very many Persons admired and murmur'd at but never could I hear that they ever sequestred Women from their Husbands Were there not a superiour Jurisdiction over this Court whose Determinations seems too too Arbitrary being gounded solely upon the Opinions not to say the Passions or Affections of two or three Erring men what a miserable Bondage and Slavery were this Nation in What Benefit could we expect from all the good Laws of former Ages if their power may be quell'd or supprest at the pleasure of the Chancery They might have for ought I know made an Injunction also that I should never complain and if I had attempted to have made known my Case to have laid me by the heels But blessed be the Name of our God Iehovah whose extraordinary Providence hath been visible in this Land that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations which the Lord has happily placed under your Highness Government By which means we have a just confidence to be assur'd having had many Experiences already of your Highnesses singular piety and justice in those several Stations where the Lord has formerly placed you That there shall be no more complainings made either in our Streets or in the very Corners of our Country but shall be heard and relieved even against the Great Ones amongst