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

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he did not that were found there Banister I believe I might do so I would not swear punctually to it L. C. I. Was he with you Banister He was with me in the very same Chamber Knowles I do not know that ever I put my Hand to that Deed in my Life L. C. I. Did you ever see that Deed Knowles I cannot say I did I remember nothing of it L. C. I. I ask you once again when you found this Deed was he with you Banister Yes Sir L. C. I. You Knowles did you ever trust him to look and search any Deeds in your Garret but when you were by your self Knowles No my Lord. L. C. I. Then I would ask you upon your Oath because you are the Persons that had these Deeds in your Custody was there any Deeds delivered out of your Hand that you did not set your Hand to Knowles I believe there was never an one L. C. I. How came this Deed which he swears was found there not to have your Hand to it Knowles I do not know that ever I saw it Mr. Att. Gen. Did Mr. Knowles say he was looking for Deeds of his own concern when he found the first Deed Banister He did say he had looked before and had found some of these Deeds and then mislaid them and desired my Assistance to find them again L. C. I. What did he say to you at first Banister He said he had been spoken unto by my Lady Ivy to look for deeds that might concern her Ancestors and he had found some but finding some also that concerned himself he had mislaid my Ladys and desired me to help him to find them again L. C. I. What Imployment have you under my Lady Ivy Banister I am her Rent-gatherer L. C. I. Her Bayliff I suppose But now you speak of what my Lady Ivy desired of Knowles I would ask you a Question lest it slip out of my Memory Were you present at any time when my Lady Ivy spoke to Mr. Knowles to look after any Deeds Banister Yes I was L. C. I. Pray tell us whose Deeds she desired him to look Banister The Deeds he said he had mislaid L. C. I. What were they Banister The Deed of Richard Hill and the Deeds belonging to Stepney and Shadwel L. C. I. What Names did she mention to him that she would have looked after Banister She did mention some L. C. I. Upon your Oath did she mention any Deeds made by Dr. Donne Dean of St. Paul Banister No. L. C. I. By one May Dean of St. Pauls Banister No. L. C. I. Was one Lun named Banister No. L. C. I. Or one Holder Banister Not that I know of L. C. I. Did she mention one Ioan Hall Banister I do not know that my Lady Ivy gave particular order for any of these Names L. C. I. Did she upon your Oath name Marcellus Hall to you Banister No my Lord. L. C. I. Upon your Oath Knowles was not he by when my Lady named Marcellus Hall to you Knowles He was my Lord. Banister I did not hear my Lady name that Name at all L. C. I. No he heard her give Order for no particular Deeds neither for Holder nor Lunne nor Marcellus Hall but only concerning Stepney and Shadwell Sir Edw. Herbert Banister Did he say he had before found them and mislaid them Banister Yes Mr. Att. Gen. Upon your Oath what Deed do you take that to be which is produced Mr. Powis Can you read it yea or no L. C. I. Mr. Powis Do you think my Lady Ivy sent Banister to look after Deeds that could not read that were very pretty Mr. Att. Gen. What Deed do you take it to be Mr. Sol. Gen. Let me ask you one Question Mr. Banister Did you ever set your hand to any Deeds that were not found at Mr. Knowles's Banister Yes I have Mr. Lutwich Upon what occasion did you put your hand to them Banister Because they were ancient Deeds and I was to look out where the Lands were that they did concern Mr. Att. Gen. Pray now answer my Question look upon it and tell me what Deed do you take it to be Banister It is a Deed of Sale to Stepkins L. C. I. It is so you are in the right of it and now upon your Oath where did you find that Deed of Sale Banister My hand is to it and this is one of the Deeds I take it to be so that was found in the Garret at Mr. Knowles's House L. C. I. He has said so I know not how often Mr. Att. Gen. He is not himself L. C. I. How can I help that Mr. Attorney but what he says is plain Mr. Sol. Gen. Pray read over the Note you have in your hand to yourself and remember all the Deeds that are particularly therein contained L. C. I. Let him read his Note which he did and now ask him what you will Mr. Att. Gen. Is there any Deed of the Sixteenth of April 6 Edw. 6. from Hill to Stepkins in that Note L. C. I. That is no fair Question Mr. Attorney Mr. Att. Gen. With your favour my Lord I conceive it is for that will make it plain that he is mistaken L. C. I. I believe he is but with your favour it is not a fair Question you are only to ask him whether that Deed given in Evidence be there Mr. Sol. Gen. I would ask him one short question my Lord and I think it is a fair one L. C. I. Ay in Gods name ask what fair questions you will but no leading ones Mr. Sol. Gen. Your Witness is drunk Madam to my Lady Ivy. Mr. S. Lutwich My Lord he does not understand what he says that is plain L. C. I. Brother all Knaves are Fools in one kind too Mr. Sol. Gen. Have you read the date of that Deed Banister Yes Mr. Att. Gen. My Lord if you please we will go on with our other Evidence a while and let him recollect himself and consider of it L. C. I. With all my heart but I think the more he considers the worse he is and so he will be to the end of the Chapter Mr. Att. Gen. They have called to us my Lord for an account of this Deed we shall now prove that Mr. Neale knew of this Deed before Swear Mr. Butler which was done L. C. I. What is your Name Butler William Butler Mr Att. Gen. Pray Sir will you tell the Court and the Jury what Discourse you had with Mr. Neale and what he said about a Deed and when Butler I never saw the Lease but as I was here at the last Tryal when there was a Verdict for this Estate to be my Lady Ivy's and afterwards the 22 of December last I had an opportunity of being with Mr. Neale he being with Mr. Brian my Ladies Husband since dead at the Kings head Tavern with whom I had some business Mr. Brian was there first I suppose it was by appointment
should be brought in the Officers Custody L. C. I. Read it de bene esse let us see what it is Mr. Att. Gen. My Lord I would ask Mr. Sutton was not this produced and read before the the Trial in Michaelmas Term last Sutton It was produced in Court Twelve years ago Mr. Sol. Gen. Was it allowed as Evidence Sutton Yes constantly Mr. Att. Gen. Pray read it Mr. Williams Pray who has had it in keeping all this while Sutton My Lady Ivy brought it to me among her Writings at first L.C.I. Read it Clerk The Verdict and Presentment of us the Jurors as well of all Defects Annoyances within the Limits or Bounds of Wapping and Wapping Marsh from Grash Mill to the Mill at Ratcliff that is to say the 20 th of December Anno Dom. 1572. and in the 14 th year of the Queens Majesties Reign that now is The Names of the Free-holders within Wapping Marsh and the Number of Acres contained within the same Marsh with all the Names of the Occupiers thereof First Iohn Stepkin Gent. Freeholder for a parcel containing Twenty two Acres in the Tenure of Richard Ew Benedict Gent. Mr. Att. Gen. You may skip over a great deal and read only that which conduce to the Question Clerk No one can read it very well I think Reads On the west side of Gravel-lane containing 68 Acres Is that it Mr. Att. Gen. No go to the East side Clerk Reads Freeholders one parcel containing Ten Acres in the Tenure of Iohn Hodges and Iohn Gee Iohn Stepkin Gent. Two Parcels containing 20 Acres in the Tenure of Iohn Cooper and Iohn Harding Iohn Stepkin Gent. One Parcel containing Four Acres in the Tenure of Iohn Stepkin One Parcel Containing Twelve Acres in the Tenure of Iohn Roger Iames Freeholder Two Parcels containing Six Acres Robert Hemmings and Iohn Stepkin One Parcel containing One Acre and an half Richard Roper One Parcel containing Six Acres in the Tenure of Rechard Roper All which Parcels be on the East Part of Gravel-lane containing Sixty Acres Then here is somewhat interlined and struck out again Mr. Williams This doth not concern the Church Mr. Att. Gen. No more it doth not as you say indeed for they cannot claim any of the Marsh. Now we shall shew a Warrant Three Years after from the Commissioners to survey Clerk Reads This is dated the 18th of Iuly in the 17th Year of the most prosperous Reign of our Sovereign Lady Elizabeth by the Grace of God c. And it is directed To our well-beloved John Stepkin and John Osborn Surveyors Whereas The Queen's Majesty by a Commission of Sewers bearing Date the 23th Day of April in the Year of her Reign hath authorized us to survey and view from Buttolphs-Wharf by St. Katharines near the Tower of London unto Ratcliff-mill not only to consider of the Decays and Ruines of the same but also to take order for the speedy repairing as to our Discretions shall seem good We therefore sufficiently informed of your Wisdom and Discretion appoint you Surveyors willing and commanding you by vertue of the said Commission to see whether the Work be accomplished according to such Ordinances and Decrees as we have appointed and from time to time shall make and appoint and to see who we have made Expenditor for such Sums of Money for the Payment of Workmen may by your Warrant be disbursed and payed accordingly and further we give you Power and Authority to give to provide for a competent and Salary at reasonable Prices all Workmen Boats Lighters Carts Carriages Trees Pales as to your good Discretion shall seem meet and for your so doing this shall be your sufficient Warrant Mr. Att. Gen. We shall now go a Step farther as I opened in the beginning and shew that this was mortgaged by Stepkins to the Queen and a fine was levied upon that Mortgage Clerk Reads This Indenture made the 4th Day of Iune in the 15th Year of the Reign of our Sovereign Lady Elizabeth c. Between the Right Honourable Sir William Cecil Knight Lord Burleigh and Lord High Treasurer of England the Right Honourable and one of her Highness's most Honourable privy Council Sir Gilbert Gerard Knight her Majesty's Attorney General for and on the Behalf of the Queen's Majesty and to her use of the one Party and Iohn Stepkin Whereas William Pat one of the Tellers at and upon the Determination of his Account made and ended at the 25th Day of December is indebted in the Summ of 7928 l. 7 s. and 11 d. ob And whereas our said Sovereign Lady the Queen the 16th Day of Iune in the 9th Year of her Reign hath commanded the said Sir Will. Cecil Sir Gilbert Gerard and Sir Thomas Bromley to take order from time to time with so many of the Debts owing or that after should be owing and for the sure Payment and Contentation of the said Summ of 7928 l. 7 s. 11 d. ob Covenanteth with them the said that he the said Iohn Stepkin his Heirs Executors shall and will not only saisfie and pay the said Summ into the Receipt aforesaid but also for the better Settlement shall and will make and cause to be made by one Fine in good Form of Law of and in one Close within the Parish Mannor of Yewel and one great Garden And of and in one Tenement with the Appurtenances in now in the occupation of Iohn Stout and 19 Acres of Meadow in Wapping-marsh Parcel of the said Mannor Richard Roper Mr. Attorn Gen. Where is the Copy of the Fine Sutton Here. Clerk Reads This is the Final Concord c. Mens Mich. 14 Eliz. Mr. Sol. Gen. This was afterwards regranted from the Crown and there is the Regrant Which being under the great Seal and Tested 6 Iulii Anno 7. Iacobi Rex was read Mr. Att. Gen. Part of this Marsh was by our Ancestor conveyed to one East L. C. I. Ay I have the Note of such a Conveyance in my Notes of the last Tryal Mr. Att. Gen. Mr. Sutton is that a true Copy Sutton Yes it is Mr. Williams A Copy of what where did you examine it Sir Sutton At the Roles-Chappel Mr. Att. Gen. It is a Deed enrolled and I hope you do not think the Record is forged Mr. Williams Mr. Williams I know not what you forge or do not forge pray read it let us see what it is The Copy of a Deed enroled dated 27 July 3 Eliz. was read L. C. I. Then the next thing that you produced was a Bond dated the 25th of Ianuary 4 Eliz. wherein Stepkins was bound to Spinola who was Administrator of Vivold and Salvago upon the Recognizance of Hill to them Mr. Att. Gen. We did so my Lord but that we cannot now readily find I think here however is Spinola's Discharge Clerk This is Signed by me Benedict Spinola and Dated the 25th of Feb. 1561. Mr. Att. Gen. Here is the Bond read the Condition of it though it
the Grace of God King and Queen of England Spain France both Cicilies Ierusalem and Ireland Defenders of the Faith Arch Dukes of Austria Dukes of Burgundy Millain and Brabant Counties of Hasburg Flanders and Tyroll The other is This Indenture made the 22th day of December in the same Year Now in November and December 2 and 3 of Philip and Mary it was impossible for any man in the World to draw a Deed in this Form that those two Writings are Mr. Att. Gen. Is that your Demonstration L. C. I. Pray let him go on methinks it is very ingenious Mr. Bradbury My Lord I had the hint from my Lord Coke in his first Institutes not as to this particular Stile for I know he is mistaken there but for the detecting of Forgeries in general L. C. I. It is very well pray go on Mr. Bradbury My Lord at that time King Philip and Queen Mary were among other Stiles stiled King and Queen of Naples Princes of Spain and Sicily they never were called King and Queen of Spain and both the Cicilies then And lastly Burgundy was never put before Millain Now to prove all this that I say I have here all the Records of that time which will prove their Stile to be otherwise First We shall shew the Acts of Parliament of that time The sitting began the 21th of October in that Year which was before their Deeds and ended the 9th of December after We shall first read the Titles of the Acts of Parliament and you will find them just as I have opened them Read the Statute Book Clerk Reads Acts made at a Parliament begun and holden at Westminster the one and twentieth day of October in the Second and Third Years of the Reign of our most gracious Soveraign Lord and Lady Philip and Mary by the Grace of God King and Queen of England France Naples Ierusalem and Ireland Defenders of the Faith Princes of Spain and Sicily Arch Dukes of Austria Dukes of Millain Burgundy and Brabant Counties of Haspurg Flanders and Tyroll and there continued and kept until the Dissolution of the same being the ninth day of December then next ensuing M. Bradbury Here in the Acts made by the Publick Council of the Kingdom the Style is in the ancient manner And your Lordships observes these no small differences Here first Spain is left out in the enumeration of the Kingdoms and so Sicily and Naples is instead of them In the Deeds Spain is put in before France and the Sicilies made a Kingdom too Secondly Here in the Style of the Act they are called but Princes of Spain and Sicily that in the Deeds is quite left out And then in the Acts of Parliament Millain is put before Burgundy in the Deeds Burgundy before Millain And how this great alteration of the Style should come to be put in a Millers Lease is strange We have next an account of all the Fines of Hillary Term which was the Term next following for their first Deed happens to be in Michaelmas Term and then the Parliament sate too Many of which were read Mr. Bradbury Here are likewise the Fines of Easter Term following which shew that still the Old Style continued in all the publick Records And if we could as easily have brought all the Enrolments of Deeds that would prove the same The Fines of Easter Term read Mr. Bradbury Now my Lord we shall shew when the Style turn'd that was in Trinity Term after The Fines read Mr. Bradbury But I cannot see how these Deeds could be truly made at that time when they stand single and none like them can be shewn except they come from the same Forge that these do I cannot believe the Miller alone or he that drew his Leases for him could so long before prophecy what manner of Style should hereafter be used Mr. Williams Your Lordship has heard our Deed of the 10th of December in the same Year read already but we having here the Leiger Book of the Church of St. Pauls which cannot be made for a Turn but was written at that time we desire the Style may be read there Which was done But to go a little further to satisfie your Lordship that they are very likely to be forged We shall give some evidence that this is not an unusual thing with some People concerned in this Cause The Witnesses will name them to you and give you an account of it Swear this Lady and Sir Charles Cotterel Which was done L. C. I. Well what is it you call these Persons to Sir Iohn Trevor To speak plain my Lord we call them to give an account of my Lady Ivies forging a Mortgage from one Sir William Salkhill for 1500 l. of a House in St. Martins Lane to which forgery Mr. Duffet that Ladies Husband was privy and what benefit he should have by it you will hear Sir Charles Cotterel pray will you tell what you know of my Lady Ivie in this matter Sir Charles Cotterell My Lord that which I have to say is this My Lord I am Tenant to my Lady Salkhill Sir William Salkhill's Widow in a House in St. Martins Lane and was so to her Husband a year and a half before he died The House hath been built backward and the Garden side they kept to themselves But all the House that was first built I took and have it still My Lord my Lady Ivy did come to the House about three months before Sir William died parting from her Husband Sir Thomas Ivy she came thither as a Refuge where she had been before and was received very kindly He died as I said about three months after and my Lady then desired to know how accounts stood between Sir William and her about monies he had lent her and supplied her with And upon the Account she appeared to owe Sir William 96 l. she then took 4 l. more out of my Lady Salthills mony and told her now Madam I owe you 100 l. She had been entertained as a Guest there without paying any thing for it and at his death she continued with my Lady Salthill three quarters of a year after And being there as she pretended in great kindness to me she persuaded my Lady and me that the Lease of my Ladies House should be turned over to me in trust for a Debt of fourscore pounds that was owing to me by Sir William Salkhill Said I to my Lady Salkhill Madam I am in no doubt of my mony I pay as much Rent as this in a Year and more I can pay my self that way pary let not me meddle with any such thing Mr. Duffett will be persuaded I intend to cheat them if I should But still my Lady Ivy was at it and prevailed upon my Lady Salkhill to press me to it At last upon their importunity said I if it be necessary for my Ladies service let it be done what you think fit She therefore gave direction to Mr. Sutton and he
come to me and I directed him to draw a Writing to turn over the House to me as a security He asked me how much my Debt was Fourscore Pounds said I. Said he I should see my Lord of Salisbury's Lease to my Lady for he must take some things out of it to draw this by He did see it and took as much by Note out of it as he thought fit to make the other by Then a Writing was drawn this was in Iune 1670 or 1671. I am not certain particularly which but she brings this Writing and my Lady Salthill signed it by her desire and my Lady Ivy and Mr. Sutton were both Witnesses to it About a year after I heard that she set on foot a Mortgage of her own upon this House from Sir William Salthill I wondred at it because when the Account was made up she appeared to be in Sir William's Debt and I told those that told me of it I would believe it when I did see it I was then informed the Writing was at Malmesbury She after went out of Town and comes back again in a little while and this Writing as I heard was shewn to several persons of my acquaintance that came to me and told me they had seen it but said I so have not I but when I see it I will believe it At last Serjeant West who was a Relation of mine I married his Aunt one day brought over this Writing to me and told me he had got this Writing at last and leave from my Lady Ivy to let me see it I looked upon it and there I did see at the bottom where the Seal was William Salkhill and then I turned to look upon the Witnesses names No says he you must not see that who are Witnesses to the Deed for my Lady Ivy made me promise before she let me have it to shew you that you should not see the Witnesses names Then said I again I have seen enough to give me satisfaction I was a little the more confirmed that the thing was not a reality but fiction and so I told him My Lady saw that would not pass she offered provided Mrs. Duffet my Ladies Daughter might have the advantage of the House to release the matter L. C. I. Pray Sir for how much was the pretended Mortgage Sir Charles Cotterel For 1500 l. that Sir William Salkhill owed her which I thought somewhat strange seeing as I said she owed Sir William so much at his Death At last I came to produce my Writing for she told me I might give Mrs. Duffett a Right to the House Now I had not read over the Writing made to me but now when I came to look upon it instead of a Mortgage for securing my Debt mine was a Deed of Sale from my Lady Salkhill whereby the House and the Lease from my Lord of Salisbury were sold me for fourscore pound at which I was a little amazed My Lady then was pleased to say I was a Cheat tho' I had no hand in it nor indeed would have had any thing at all done but upon my Lady Ivy's importunity and my Lady Salkhills I gave direction only for a Mortgage L. C. I. What was it that Sutton took out of my Lord of Salisbury's Lease Sir Charles Cotterel He was to take Notes to draw a Mortgage of that Lease by L. C. I. He got the Notes tho' for ought I perceive to draw another Mortgage by A very Trick it smells rank of the Knave Mr. S. Stringer Pray Sir Charles did you ever pay any Mony by my Ladies Order Sir Charles Cotterell I did lend my Lady Ivy 50 l. she being in distress for mony afterwards it was made up an 100 l. About February 7 ● it was made up 1250 l. and by agreement among them my Lady Ivy did relinquish that said Mortgage she had thus set on foot and there was a Deed Tripartite made between me of the first my Lady Ivy of the second part and some Trustees for Mrs. Duffett of the third part whereby the Revertion was given to Mrs. Duffett and my Lady confirmed it and gave my Lady Salkhill a Bond of 1000 l. in which Colonel Gravener was bound for her that she should not trouble my Lady about the House yet notwithstanding she did afterwards write to Mr. Duffett as I have heard that she would set it on foot again and she should have half of what she recovered L. C. I. The Inheritance of the House it seems is in my Lord of Salisbury Sir Charles Cotterell Yes my Lord. Sir William Salkhill had the original Lease from my Lord of Salisbury L. C. I. What direction did you give Sutton about it Sir Charles Cotterell To make a Mortgage only to secure fourscore pound L. C. I. And what did he make Sir Charles Cotterell An absolute Deed of Sale L. C. I. Was there no Proviso in it to be void upon payment of mony Sir Charles Cotterell No nothing but an Actual Sale for so much mony L. C. I. You say my Lady Ivy afterwards did relinquish her pretended Mortgage pray had she nothing for it Sir Charles Cotterel Nothing that I know of she joyned in that Deed Tripartite Mr. Williams What should dispose her to give Mrs. Duffett 1500 l. if it were really owing her L. C. I. Is that Mortgage here among your Writings Mr. Attorney Lady Ivy. Indeed my Lord I would have brought it if they had given the least notice of what they now talk of Mr. Att. Gen. Sir Charles Cotterell Do you know that my Lady Ivy forged that Deed Sir Charles Cotterell Not I but it did appear to me to be no-true Deed upon what I found and knew Lady Ivy. You must give an account for what you have said here L. C. I. Nay Madam pray do not be in a passion he has sworn what he has said here Lady Ivy. If he doth swear it he is forsworn L. C. I. Nay Madam you must be more moderate in the Court. Mr. Williams My Lady thinks she has occasion to be angry but it may be we shall give her more exercise for her Passion before we have done Pray swear that Lady Mrs. Duffett Will you acquaint my Lord and the Jury what you know has been done by my Lady Ivy or by her direction in making and altering of Deeds Mrs. Duffett My Lord I did see Mr. Duffett Forge and Counterfeit several Deeds for my Lady Ivy. L. C. I. Do you hear what she says Mr. Attorney Mr. Att. Gen. Yes my Lord we shall give an account of her anon L. C. I. Truly I hope I mistook her and did not hear right what she said Pray Mrs. speak it over again and consider well what you say Mrs. Duffett I say my Lord I did see Mr. Duffett Forge and Counterfeit several Deeds for my Lady Ivy. The first thing that I do remember was in the Tryal between her Husband and she Mr. Duffett did by her Order counterfeit a
such an Inheritance Deed made and assigned in Trust for Sir Thomas to Burtbee and Temple at that time and no notice in that Controversie be taken of it at all considering also that that Lease was at that time within Nine years of expiring and also not worth any thing had the Fifty six years Lease been true And farther to demonstrate that it cannot be with reason believed that the Fifty six years Lease from 1620. could be recited in a Deed made in 1664. that was perused by Serjeant Brampston and he a Witness and Lady Ivy a Party to it Note Serjeant Brampston when examined for Lady Ivy in this Cause in 1675. to perpetuate his Testimony being in the fourth Interrogatory asked When and how long it was since he FIRST law the Counterpart of the Lease explained to be this Fifty six years Lease in the second Interrogatory and where and among whose Evidences Papers and Writings he did FIRST see the same in answer deposeth That having several Boxes and Bags of Writings to him delivered by his Brother Sir Iohn that were in the possession of Sir Iohn Brampston his Father at the time of his death to be by him kept he was desired by one Sir Charles Stepkins about six or seven years since to search among the said Writings for the Counterpart of a Lease made to one Bourne and that upon this Deponents THEN searching he did find a Deed with the name Richard Glover as a Party set to it but saith he did not THEN read the same and that these Bags and Boxes of Writings he after delivered to Lady Ivy and among them she told him she found this Lease Now if Serjeant Brampston swears true that the FIRST time he found which in common Speech is as much as to say he knew not of it before a Deed under Glover's hand which might well be the Lease lett by Richard Glover to Aaron Williams which Lady Ivy had purchased were but six or seven years before 1675. how then was it possible that it could be by him for so Burtbee swore 't was recited in a Deed made in 1664 And had it been so recited as now 't is pretended it was in a Deed made in 1664. to which Lady Ivy was Party it must have been known to her self which in her Answer to Sir Robert Cotton's Bill she swears it was not but that it was by her found in May 1675. in an old Bag of Writings And Serjeant Brampstons Deposition also says That she at that time told him that she did find it so so that it is not hard to believe this Deed never produced till Easter-Term 1686. was made for the purpose aforesaid since to support the Truth of this Deed there is nothing more than barely the Oath of one Edward Burtbee a man well known about Town and that he has been all along employed by the Lady Ivy and so not unlikely to have been in the Secret For the Fine if the Deed of Uses be not true it may be of any other five Acres But Note 't was Levied two years after 1664. Just about the time that Sir Anthony Bateman failed and when Lady Ivy set up to Claim the Inheritance of it nor is without some suspicion of having been unduly levied it may be by passing the Offices without the knowledge of Sir Tho. Ivy and Lord Chief Justice the Roll where the Caption of it to which the Lord Chief Justices Hand should be in the Custos Brevium Office being lost And if that Fine was really levied by Sir Thomas Ivy which is still to be doubted for the reason aforesaid 't is not however to be wondred at much considering that he had covenanted to do any Act with the Land in that Lease his Lady should desire so it might be no prejudice to the payment of his 800 l. as aforesaid And it may be he was made believe at that time that it was her Inheritance by being showed the Deed of the 12 Nov. 5 and 6 Ph. and Mary which was before that time made and if any Deed there was made to Edward Burtbee and Edward Temple to lead the use of this Fine of five Acres 't is plain it could not be a Deed dated in February 1664. reciting this Fifty six years Lease for the reasons aforesaid but must have been some other Deed after that time made and designed as this Fine seems to have been in future times to make out some colourable Title to the Inheritance of this five Acres of Land which Lady Ivy held only by Aaron Williams his Lease that expired at Lady-day 1681. And that 't was privately done is plain for neither the Fine nor the Deed was ever in any Trial produced till Easter-Term 1686. All that is to be said to the Verdict is They were given at times when the Creditors Title and that to Pruson's Island were not well made understood to the Court and Jury and when Lady Ivy's Deeds were believed As for the difficulty of making of Deeds a great many may as well be imagined to be made as one single Deed where the Ingenuity of the Party concerned and the Nature of the Title and Place afford good Materials for it And The Reader is now desired to take Notice That Wapping-Marsh was one Hundred and thirty Acres drowned Land in Henry the 8th's time and undertook to be Drained by one Vanderdelfe and so setled by Parliament that when Drained it should be equally divided 'twixt the Proprietors and Richard Hill who had bought Vanderdelfe's half And That no Division though undoubtedly one there was it may be among themselves made is now to be found on Record And Iasper Hill 3 Eliz. by Fine and Recovery having sold to Macheline and Iohn Stepkins 20 Acres of Land and 100 Acres of Marsh in Stepney that being the first Sale on Record 'T is in the power of Lady Ivy as Heir of Stepkins to Claim any part of the Marsh by alledging 't was part of what her Ancestors purchased if to answer the Possession there can any way a Lease be set up and by her Ladyship's luck only in finding old Leases these long Disputes have been made For the Proprietors no Division appearing being able to make no Title unless to the Copyhold before that purchased by Stepkins 3 Eliz. By such Lease she may claim any parcel she will though the Owners thereof have had it ever since the Draining thereof which could not be done in another place and makes it much easier to have been done than it can be imagined here And to remember That The Title by which the Creditors claim the Ten Acres of Freehold and Twelve Acres of Copyhold Land and whereby the Heirs of Whichcot do claim Pruson's Island and under which those Lands were all quietly held and enjoyed till after Sir Anthony Bateman failed is by Copies of Court Roll and Deeds on Record against the truth of which there has never yet been nor ever can be the least