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
Pray My Lord give me leave to ask him a question which I hope may clear all this matter for it is plain the Man is mistaken L. C. I. Mistaken Yes I assure you very grosly Ask him what Questions you will but if he should Swear as long as Sir Iohn Falstasse fought I would never believe a word he says Mr. Sol. Gen. Did you look into the middle of any one of the Deeds Knowles Yes I did Mr. Sol. Gen. Can you tell which you looked into the inside of and which you did not Knowles The Lease and some others I did but I cannot particularly tell Mr. Sol. Gen. Then my Lord here is the Case Here are multitudes of Deeds and a Man looks on the Inside of some and the outside of others is it possible for a Man to speak positively to all the particular Deeds without being liable to mistake L. C. I. Mr. Sollicitor you say well if he had said I looked upon the outside of some and the inside of others and where ever I saw either on the outside or in the inside the Name of Stepkins or Marcellus Hall I layd them by and thought they might concern my Lady Ivy that had been something But when he comes to be asked about this particular Deed and he upon his Oath shall declare that to be the Reason why he thought it belonged to Stepkins because of the Name of Marcellus Hall upon the outside and never read any part of the Inside when Sutton swears Marcellus Hall was written by him what would you have a Man say Mr. Sol. Gen. My Lord I have but this to say if there were never a Deed delivered by Knowles to my Lady Ivy or Sutton where Marcellus Hall's name was written on the backside of it but by Mr. Sutton I confess it were a strong Objection But where there are other Deeds and a great many a Man may easily be mistaken It is impossible for any Man in a Multitude of Deeds that he finds among a great Parcel and delivers many of them out to take it upon his Memory particularly which he looked on the inside of and which he looked on the backside or outside of L. C. I. Did not he give it as a particular Reason of his Knowledge that they belonged to my Lady Ivy For wherever he saw Marcellus Hall or Stepkins he thought that belonged to her Mr. Sol. Gen. Wherever he saw those Names that is either in the inside or out side L. C. I. Under Favour Sir he did not say so but positively said he knew it by that Name And you shall never argue me into a belief that it is impossible for a Man to give a true Reason if he have one for his Remembrance of a thing Mr. Sol. Gen. I beg your pardon my Lord as I apprehended him he swore he looked into the inside of some and the outside of others and there were a great many of them L. C. I. And I beg your Pardon Mr. Sollicitor I know what he swore as well as any Body else If indeed he had sworn cautiously and with care it might have been taken for a slip or a mistake Mr. Att. Gen. My Lord we must leave it upon its own Weight but we are not come to our Title yet I have the Deed in my Hand which is a very old one and therefore needs not such exact Proof He is mistaken we do own it and I must appeal to the Court whether a Man may not be mistaken in a great multitude of Deeds L. C. I. Well now after all this is done let him give an account how he came to know this to belong to Stepkins or my Lady Ivy if he can I speak it not to prejudice your Cause but only to have the Truth come out But for the Witness that swears it may affect him I assure you Give him the Deed and let him look upon it Look upon the inside and look upon the outside too Knowles I believe my Lord upon better Consideration I have read this Deed before now L. C. I. Very well and yet you swore the contrary just now Knowles I was in amaze my Lord. L. C. I. I am sure thou sworest wildly Mr. Sol. Gen. Pray what Deed did you take it to be at first Knowles The Lease of 128 Years L. C. I. Pr'ythee read it now to us Knowls Reads This Indenture made the 22th Day of Dec. L. C. I. Between whom Knowls Reads Between Marcellus Hall of Ratcliff Miller of the one part and Iohn Carter Oar-maker of the other part witnesseth that the said Marcellus Hall hath demised granted and to Farm letten to the said Iohn Carter all that Wharf lying in Ratcliff where late a Mill stood called Ratcliff-Mill L. C. I. Can you say you ever read so much before Knowles I believe I did L. C. I. When was it Knowles In Septemb. 1682. L. C. I. Then you read it before you shewed it to my Lady Ivy. Knowles Yes my Lord. L. C. I. And you found what the Contents were by Reading Knowles Yes my Lord. L. C. I. Did you read it through Knowles No I did not I believe L. C. I. How far do you think you read Knowles As far as I have read now L. C. I. Did you find any thing there of the Name of Stepkins Knowles No not in that I did not L. C. I. I would desire to know of you who it was that came to my Lady Ivy to inform her you had such and such Writings Knowles It was one Mr. Vicarer about a Tryal that was to have been two or three Years ago at the Bar of the Court of King's Bench here but the Cause did not then go on after that Mr. Vicarer did tell my Lady that one Knowles had a great Company of Writings that were Winterburn's and she desired him that he would please to talk with me to see If I could do her any Kindness or Service in any of those Deeds The first time that I saw her was the Second of August as near as I can remember and then I told her I was Executor to Winterburn and had a great many Writings said she do you know the Hand of Stepkins if you do and can find any Writings that relate to Stepkins you will do me a great Kindness L. C. I. Did she name any body else to you Knowles She named one Lun and one Barker and one Holder and several others I do not remember all L. C. I. Was there Mention made of one Collett Knowles No. L. C. I. Was there of one Donne Knowles Of one Lun there was L. C. I. Of one Fecknam Knowles No. L. C. I. Of one May Knowles No. L. C. I. Of one Ioan Hall Knowles No. L. C. I. Was there any mention made of any Hall Knowles Yes there was L. C. I. What Hall did she speak of Knowles I am not certain whether any Hall was named or no. Mr. Att. Gen. He says he is sure there
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
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 â— 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
indeed there were no such Titles used at that time that sheweth your Deeds are counterfeit and Forged and not true Deeds And there is Digitus Dei the Finger of God in it that though the Design be laid deep and the Contrivance sculk yet Truth and Justice will appear one time or another and though they may put some Gull upon Justice for a while yet it will in time be discovered to the Confusion and Shame of the Undertakers Say they you have taken wonderful Care to have both Deeds carry the same Flourish at the top of each of them you call Philip and Mary King and Queen of Spain and both Sicilies and you put Burgundy in the Ducal Style before Millain this is the Language of both Deeds but that sheweth them not to be true Deeds that carrieth Forgery in the very Face of it for Philip and Mary never came to write themselves King and Queen of Spain and Sicily till Trinity-Term in the Second and Third Years of their Reigns whereas your Deeds bear Date in November before Till Trinity-Term Naples was a Kingdom and they were but Princes of Spain and Sicily And besides they used always before that time to put Millain among the Dukedoms first before Burgundy For Instances and Proofs of this Objection they shew you the Titles of the Acts of Parliament in that Year in October November and December they shew you the Fines levied in Hillary-Term and Easter-Term and Trinity-Term till which Term the Records of the Kingdom of Fines and Recoveries bore all the old Style and so do the Conveyances enrolled and not enrolled of that time And with great Bravery they challenge the Defendants Council to shew any one Conveyance or Record except those of your own making that is otherwise And as a further Evidence they say we have some Leases entred in our Books and so not calculated for this purpose which have no other than the Old Style of the King and Queen And in truth this is a material Evidence to prove these to be forged Deeds and it is made the more material by this Circumstance which Mr. Attorney was pleased to mention and that is the Notice they had from Mr. Neale's bragging of this very Objection to their Deeds and yet they should not come prepared to give it an Answer And I must deal plainly with you that very one thing makes it an Objection of very great Weight and Moment But still say they besides all this Evidence we shall go a step further and evince the likelihood that these Deeds should be forged for your Client the Defendant is apt to forge Deeds And to prove that we produce this Evidence First of all Sir Charles Cotterel gives you an account of a long Story which doth not only reach the Defendant my Lady Ivy but it looks very bad upon my Friend Sutton too who if Sir Charles Cotterel swears true is a very Knave Now Sir Charles Cotterel though he does not swear he saw her Forge the Mortgage she pretended to from Sir William Salthill yet he gives a shrewd Evidence to make it untowardly suspicious For he tells you upon Sir William's Death my Lady Ivy was so far from pretending to any Debt from Sir William that upon Accounts stated between my Lady and her she was indebted to Sir William 96 l. which upon her parting from her Husband and being under great Want Sir William had lent her besides his relieving her otherways And says Sir Charles Cotterell I was present when she took 4 l. more of my Lady Salthill's Money and then acknowledged her self to owe my Lady 100 l. After this my Lady Ivy without the seeking or intreaty of Sir Charles Cotterell comes to him and says she Does not my Lady Salthill owe you Money Yes said he she does fourscore Pound but I live in her House and can soon eat it out in Rent But says my Lady Ivy she has a mind you should have the House made as a Security to you Good now how comes my Lady Ivy to be so concerned for Sir Charles Cotterell's Security when he was not concerned for himself Nay and why should she be so earnest to have him have a Security upon that House which if it were true was Mortgaged before to her self If her Mortgage were a true one this Practice carrieth no great Face of Honesty or Vertue in it I must needs say I crave leave to make that Observation by the way Ay but into the Bargain when Sir Charles Cotterell yielded to her Importunities Mr. Sutton is the Man that must be intrusted to draw the Writing and to that purpose must see my Lord of Salisbury's Lease who is the Head Landlord What needed that I suppose it was recited in my Lady Ivy's Mortgage before But he must take Notes out of it forsooth to make over the Lease and House as a Security to Sir Charles Cotterell for 80 l. And when it is brought as such knowing no otherwise Sir Charles Cotterell takes it and they two my Lady Ivy and Sutton are Witnesses to it What it proved afterwards you hear an absolute Deed of Sale and yet all this while my Lady Ivy who as Sir Charles Cotterell understood it was indebted an 100 l. to Sir William Salthill has a Debt of 1500 l. owing from Sir William by Mortgage to her on the same House Sir Charles Cotterell My Lord I am ready to make it all good L. C. I. First of all I say it was not well done if there were such a Security for 1500 l. to persuade Sir Charles to accept the House as a Security for his Fourscore Pound without telling him of the Prior Mortgage Then it is strange she should acknowledge her self indebted 100 l. upon her taking the Four Pounds from my Lady Salthill if she had so great a Summ owing her And what a slovenly Answer is that given by the Council for my Lady Ivy that she and others were called upon for Nine Years Diet Whereas Sir Charles Cotterell swears she owned her self upon the Account indebted 100 l. and there was no bartering for Diet but that she had gratis for Three Quarters of a Year after Sir William's Death as she had it several times before And now while it is in my Memory I would remind you of one thing more before we come to the other Witnesses there is a thing that to me cramps this Business very home upon my Lady Ivy How comes it to pass my Lady Ivy should be so wonderful kind to my Lady Salthill's Daughter as to part with 1500 l. so secured to have the House setled upon her without any Consideration in the World that I can hear of That is such a melting piece of Kindness that they would do well to find out some Flame to authorize it It seems upon Sir Charles Cotterel's desire to see this pretended Mortgage and its being brought him by my Brother West who is now dead she was wonderful careful that he
THE Famous Tryal in B.R. BETWEEN THOMAS NEALE Esq AND THE Late Lady Theadosia Ivy. The 4th of Iune 1684. BEFORE The RIGHT HONOURABLE THE Late Lord Jeffreys Lord Chief Justice of ENGLAND For PART of SHADWELL IN THE County of MIDDLESEX AS ALSO The Title of the Creditors of Sir Anthony Bateman and the Heirs of Whichcott compared with that of the Lady Ivy to certain Lands in WAPPING TOGETHER WITH A Pamphlet heretofore writ and set out by Sir Thomas Ivy her Husband Himself and here now Reprinted again In Perpetuam Rei Memoriam Printed in the Year 1696. TO THE READER THE late Lady Ivy so many Years famous for Wit Beauty and Cunning in Law above any being so Unfortunate in the Year 1684. in a Tryal between Thomas Neale Esq and her Ladyship before the then Lord Chief Justice Ieffryes to have the Deeds by her then produced not believed such of her Heirs and Executors as have not renounced which some of them have the having any thing to do with her Title as well in Vindication of her Ladyships Honour as of the Integrity of such Council and Attorneys as then were imployed in the Cause in Case they should be so again do give out of late that though she and they then were so cruelly baffled they however will try for 't again Now for the Honour of both Judges and Jury before whom that Cause was then tryed and for the Benefit of the Free-holders of Middlesex whose Estates may be possibly subject to be claimed by Deeds left by her Ladyship she having often declared she had Title to many more Houses and Lands than she in her Life time had sued for as also for the Satisfaction of such as are in the least desirous to know the Truth of this Matter The following Tryal is Printed with a Map of the Land then tryed for being about seven Acres in Shadwell in the County of Middlesex of which the Lady Ivy by a Verdict the Michaelmas Term before had got the Possession The State of the Question being whither the said seven Acres was part of the ancient Inheritance of the Dean of St. Pauls London to whom the said Mr. Neale was Lessee and so now the Lessor of the Plaintiff or part of Wapping-Marsh that had been dreined by one Vanderdelf and after sold to the Stepkinses under whom Lady Ivy did claim As likewise is with it reprinted Three or Four Sheets of Paper writ in the Year 1687. comparing the Lady Ivy's Title with that of the Creditors of Sir Anthony Bateman and the Heirs of Witchcutt for Lands in Wapping with a Map thereof as it now lies most plain and exactly agreeing with the Boundaries mentioned in the old Deeds on Record by which alone and no other they claim and now are possest of the same To which also is added a Pamphlet entituled Allimony Arraigned writ by Sir Thomas Ivy her Husband himself Reprinted herewith to make the Book sell the better and to the longer perpetuate so true and diverting a Story The CONTENTS THE Dean of St. Pauls Title from pag. 1 to pag. 4 Lady Ivies Title from pag. 4 to 22 Knowles Examined about finding Deeds for Lady Ivy p. 7 Swears he found out one Deed by what was Writ on the Outside and nothing was Writ on it p. 8 Swears he found another Deed by seeing Marcellus Hall's Name Writ on the Outside which Writing after appeared to be writ by Sutton Lady Ivies Attorney p. 9 The Survey of Stepney produced for and by Lady Ivy but proved otherwise p. 12 Banister Lady Ivyes Rent-gatherer Examined to the finding a Deed in Knowles's House to which he had set his Hand and swears he found it there p. 15 But it proved the Purchase Deed and so that could not be p. 16 Banister and Knowles swear contrary to each other p. 17 A Commission of Sewers produced but not by the proper Officer p. 23 The Overshot-Mill pretended to by Lady Ivyes own Witnesses made appear to be a Tide-Mill p. 26 Mrs. Barefoot a through paced Witness sworn and other Witnesses of Lady Ivyes p. 29 to 32 The Plaintiffs Reply p. 32 Foxes-lane proved the Boundary 'twixt the Deans Land and Wapping-Marsh by Mar and Leyburn the Surveyers proved 130 Acres West of Foxes-Lane p. 37 The Forgery opened and proved by the Style of the Deeds themselves by Styles in the Acts of Parliament and Fines of that time p. 38 Sir Charles Cotterell sworn p. 39 Sir Charles tells the story of Lady Ivyes forging a Mortgage of 1500 l. from Sir William Salkeild and how Mr. Duffett was privy to it and how Mr. Sutton was so concern'd in it that L.C.J. said it smelt rank of a Knave how Lady Ivy did relinquish this Mortgage but afterwards writ Duffett word she would set it up again and that he should have half of what she Recovered p. 40 Lady Ivy frets at Sir Charles Cotterell's Evidence p. 41 Mrs. Duffett Lady Salthills Daughter and Widow to Mr. Duffett who was reputed to forge for Lady Ivy being sworn swears she saw her Husband forge several Deeds for Lady Ivy. 1st a Bond of 1000 l. from Sir Tho. Ivy. 2d Several Letters 3d. She seeing him writing a Parchment she asked him what 't was and was answered he was Counterfeiting one Glovers Lease by which Lady Ivy would get many hundreds of Pounds and that he should get 500 l. 4th the aforesaid 1500 l. Mortgage Lady Ivy and Mr. Duffett agreed to make in my Sight Lady Ivy directing what Ink to use to make it look Old that Mr. Sutton was lett in when Mr. Duffett was counterfeiting for Lady Ivy and how they rub'd the Deeds on dirty Windows and wore them in their Pockets and laid them out in Balconies and shriveled them before the Fire or in the Sun to make them look Old p. 41 200 l. of the Money borrowed of Sir Charles Cotterel at one time given to Mr. Duffett and as much to Mr. Sutton Mrs. Eliz. Riccord Sworn produced Lady Ivy's own Letters left with her by Mr. Duffett to whom they were writ in one of which she tells him she intends to set Sir William Salthill's Mortgages on foot again and as her Husband promised him he should have half and two Bottles of Ink out of which she saw Mr. Duffett write for Lady Ivy what he said was forged and said that with Ink out of these Bottles he could make new writter Writings look old very soon p. 42 Here the Plaintiff ended and then follows Mr. Attorney General 's Arguments to palliate the Forgeries p. 43 Mr. Sollicitor Geneneral endeavours but to no purpose to make them not believed Forged p. 44 Mr. Solicitor General pressing that for Evidence very hard the Lord Chief Iustice would not admit p. 45 Mr. Attorney and Mr. Sollicitor say all they can for Lady Ivy p. 45 Then follows the Lord Chief Iustices Speech wherein he incomparably Summs up the whole Evidence p. 46 His Lordship speaks of the
also all that parcel West adjoyning to the six Acres which I the said Richard Hill hold in my own hand and also that is to say all that parcel with the Bank or Wall Island and Pond containing by estimation of measure five Acres which last Thirteen Acres I bought of and had conveyed to me and my Heirs from one Iohn St All which four and twenty Acres and an half more or less of Marsh Land abutteth on the Thames Wall on the part of the South to the Lands of the Dean and Chapter of the Cathedral Church of St. Paul called the Linches on the part of the North on the aforesaid Mill on the part of the East and on Twenty Acres of the said Thomas Stepkin on the part of the west and also all the Thames Bank or Wall belonging to the said four and twenty Acres and an half of Marsh Land which said piece or parcel of Wall doth abut on the South-end of the said on part of the East and on the Bank or Wall in the occupying of William Knevet on the part of the west All which Marsh Land Bank or Wall are in the East end of Waping Marsh abutting on the aforesaid Mill and Hilly Bank aforesaid in the way leading to the Town of Ratcliff aforesaid And which Four and twenty Acres are part and parcel of One hundred and thirty Acres which was heretofore continually for the most part overflown and drowned with the water of the River of Thames and all and singular Messuages Cottages Houses Edifices Orchards Tofts Foreland and Soyl which were the said Thomas Stepkinses before the overflowing and all and singular Messuages Edifices Cottages Cellars Sollars Orchards Woods and Underwoods and all other the rest of my Heriditaments whatsoever in the Parish and Mannor of Stepney in the County of Middlesex Mr. Att. Gen. Now we shall produce a Lease from Stepkins to Marcellus Hall Mr. Serj. Pembleton I hope they will give some account of this Deed first Mr. Att. Gen. When you say any thing against it Mr. Serjeant we will but we desire now to go on with our Evidence Read that Deed. Clerk Reads This has been read before and is marked This Indenture made the Twentieth Day of April in the Sixth Year of the Reign of our Sovereign Lord King Edward the Sixth by the Grace of God King of England France and Ireland Betwixt Thomas Stepkin otherwise Stipkin of the Parish of St. Mary Mackfellon in the County of Middlesex without Algate Beer Brewer of the one part and Marcellus Hall of Ratcliff Miller of the other part Witnesseth that the said Thomas Stepkin otherwise Stipkin for the Sum of 50 l. of lawful Money of England to the said Thomas Stepkin otherwise Stipkin by the said Marcellus Hall at the ensealing hereof well and truly paid and satisfied and of the same doth clearly acquit and discharge the said Marcellus Hall his Executors and Assignes and every of them by these Presents hath demised granted betaken and to farm letten and by these Presents doth demise grant betake and to Farm lett unto the said Marcellus Hall all those his Parcels of Marsh-land lying and joining on the West side of Hilly-bank or way called Ratcliff-way and the Well adjoining to the way that goeth up to the Lynches called Shadwell lying in the East end of the Marsh containing by Estimation of Measure three Acres and an half and all the next piece West adjoining to the same containing by Estimation of Measure Six Acres and the Pond and Two Acres adjoining on the West side of the Six Acres lying on the Bottom of the Hilly-Lynches adjoining North-West on the Wall which reacheth from the Lynches to the Island by the Pond all which eleven Acres and an half little more or less abutteth on the Thames Wall on the party of the South to the Dean and Chapter of the Cathedral Church of St. Paul called the Lynches on the party of the North and on the Wall by the Pond on the party of the West and also all the Thames Wall belonging to the said Eleven Acres and an half of Meadow or Marsh-land which said Piece or Parcel of Bank or Wall doth abutt on the South End of the aforesaid Hilly-bank or way reaching to the East side of it which leadeth to Ratcliff Town on the party of the East and on the Wall in the Occupation of Iohn Everard on the Party of the West and also all the Foreland and Soyl down to the Low-Water-Mark of the River of Thames belonging to the Premises all which in the East End of Wapping-Marsh abutting on the aforesaid Mill and the Mill Hilly-bank or way leading as aforesaid in the Parish and Mannor of Stebunheath otherwise Stepney in the County of Middlesex and now in the holding of the said Marcellus Hall to have and to hold all the said Parcels of Marsh-land Foreland and Soyle and every part and Parcel thereof to the said Marcellus Hall his Executors and Assignes from the Feast of the Annunciation of St. Mary the Virgin before the Date hereof to the End and Term of One Hundred Twenty and Eight Years thence next ensuing yielding Mr. Sol. Gen. Read the Proviso L. C. I. Read the Reservation of the Rent Clerk reads Yielding and paying therefore yearly for the same to the said Thomas Stepkins his Heirs and Assignes one Pepper Corn at the Feast of the Annunciation Mr. Sol. Gen. Now read the Proviso Clerk Reads And the said Marcellus Hall for himself his Executors Assignes Covenanteth and granteth to and with the said Thomas Stepkins his Heirs and Assignes that he the said Marcellus Hall his Executors and Assignes shall and will bear all manner of Charges And it is further covenanted granted and agreed between the said Parties that it shall not be lawful for the said Marcellus Hall his Executors or Assignes to alienate or assigne this present Term of Years or any part thereof without the special License or Consent of the said Thomas Stepkins his Heirs and Assignes Mr. Williams Pray my Lord will you give me leave to ask a Question of Mr. Banister Mr. Att. Gen. My Lord he has not been examined yet they cannot under Favour ask him any Questions Mr. Williams You have sworn him and so he is under an Oath and we may doubtless examine him as your Witness to this Deed that you have read Is that your Name Sir Shewing him the Deed of 16 Apr. Banister This is my Name written by my own Hand Mr. Williams When did you write your Hand there Mr. Banister Banister The 16th of April 1682. Mr. Williams Pray Sir look upon it again Banister This is my hand and I writ it my self when the Deed was found I writ a Paper of such Deeds as were found at the same Instant of time Mr. Williams And you writ it when you found it Banister I writ that Name at that Instant of Time Mr. S. Pemberton When was it do you say Banister The 16th of Sept.
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
her Hand but Mr. Duffett gave me them as her Letters Mr. Williams Sir Charles Cotterell pray will you look upon them you know my Lady Ivy's Hand Sir Charles Cotterell I do so they are all of a Hand and I think they are my Ladies I believe it truly Clerk Reads This is signed T. I. All the Letters were read Mr. Williams Your Lordship sees one of these Letters tells Mr. Duffett she intends to set Sir William Salkills Mortgage on foot and should have half what she recovered If it were a true Mortgage why should she give him half L. C. I. They were very great together that is plain they were very Familiar What were Mr. Duffett's Merits towards my Lady I cannot tell Will you go on it is late Mr. Williams This is all we shall offer at present till we have Occasion further from them L. C. I. Well what say you to this Mr. Attorney Mr. Att. Gen. If they have done L. C. I. They have they say Mr. Att. Gen. Then may it please your Lordship and you Gentlemen of the Jury I shall begin to answer their Evidence about the First They have produced some Argumentative Evidence out of many Records to convict our Deeds of Forgery In truth if they had not brag'd of this very thing it had been a shrewd Objection because we could not have been prepared to have given an answer to what we could not have foreseen we should have been accused of But upon their Boasts they have put us upon the search as well as they and we can give as good an Account of it They tell you they had their Hint from my Lord Coke but that hint has lead them into a great Error for he is mistaken himself in the Computation of this Time as he is in a great many other things Mr. Bradbury I know he is mistaken but I depend not upon his Remarks of that time I said only I had the general Hint about detecting Forgeries from thence Mr. Att. Gen. But yet for all your Confidence of the Demonstration your Foundation fails For My Lord to settle the Fact we shall shew that the King of Spain Charles V who was likewise Emperor resigned his Crown the 25th of October in the 2d and 3d Years of Philip and Mary It is true the Parliament Rolls in the Title of them relating to the first Day of the Session there the Style that was used at first could not be altered But the Fact of their being the King and Queen of Spain was so notorious to all the World that we shall shew you in Multitudes of the Rolls of that Year the Style was in our Deeds so that the Use might be various but that will not prove our Deeds forged It may be the Courts of Law might not take notice of it as to alter the Style till Trinity Term though we have not searched so far among them but the common Conveyances which are upon Record in the Rolls there it is altered And as to the time of their becoming King and Queen of Spain we have an History that tells you the very Day when the King resigned which was the 25th of October L. C. I. I tell you Gentlemen methinks Mr. Attorney has been very fortunate to Day in giving very satisfactory Answers to two Objections First they would quite destroy Mr. Neale's Title to this Land by a piece of Evidence that they had never had but that Mr. Neale had bragged of it and that was the Survey which with much Confidence of the Victory was produced and yet when it was so to me it seemed the stabbingest Enemy the Defendants cause had but that you are to have with you and must Judge upon it Now he tells you again Mr. Neale has been a Blab of his Tongue and could not keep the Secret to himself but must brag that the Deeds were forged for the Style of the Queen's Reign is changed and by this bragging they have smoked the Business and can shew Records for it But now instead of Records the Upshot is a little lousy History Can that be an answer to those great Numbers of Records brought by the other side Is a printed History written by I know not who an Evidence in a Court of Law Mr. Att. Gen. My Lord besides that which we must submit to your Judgment whether upon such a point of Fact in a foreign Country to be done such a Day a Foreigners History not printed for this purpose shall be a sort of Evidence but I say besides that here is a Gentleman Mr. Clerk that searched the Roll and he will tell you what they are in this point Mr. Clark I did search in the Rolls and find many in that Year like these And my Lord Coke is utterly mistaken he says it was not altered till the 4th and 5th Years of Phil. and Mary L. C. I. I care not what my Lord Coke says but what the Records say let us see them Mr. Clerk I saw a great many in that Year L. C. I. Lord Gentlemen what do you make of us to keep us here with I do not know what Mr. Attorney he tells us that Mr. Neale was so great a Block-head to brag of this and so we were prepared for an Answer but all the Answer is my Lord Coke is mistaken and there are many Records but we have none of them Praemoniti Praemuniti If he did brag so and you knew it and would not bring Records to wipe off the Objection it is ten times worse than if it had been answered only with the unexpectedness of it Mr. Bradbury My Lord I dare affirm that there are none of the Rolls of that Year so till after Easter-Term L. C. I. Lord Sir you must be cackling too we told you your Objection was very ingenious but that must not make you troublesom you cannot lay an Egg but you must be cackling over it The Objection is now upon them let them answer it if they can Have you any of the Records here Mr. Sol. Gen. We have not it seems my Lord. L. C. I. Then this must pass unanswered and must be left to the Jury Mr. Sol. Gen. But my Lord they have gone a little farther in this Case and indeed farther than becomes them I think to lay Aspersions upon my Lady Ivy as if she were frequently guilty of Forgery And for that Sir Charles Cotterel swears that she did pretend she had a mortgage of a House in St. Martins-lane for 1500 l. and this Mortgage he says he was told of by some that did see it whereupon he did likewise desire to see it and without seeing of it he declared he would never be satisfied of the Reality of the thing and thereupon Mr. Serjeant West brought it him and he saw it but was not permitted to see the Witnesses Names and thereupon he was more dissatisfied than before about it But if Sir Charles Cotterel had given any the least Intimation of such a
done Mr. Sol. Gen. We are not now my Lord examining what Duffett swore about Forgery or not Forgery but is not this Confession of hers an Argument against the Credit of her Testimony who now says she saw my Lady Ivy do so and so when she has confessed she could have Money to swear against my Lady Ivy. L. C. I. But Mr. Sollicitor if you will not apprehend the Question I cannot help it is it not the Husband that swears against the Wife Mr. Att. Gen. Do you know that Gentlewoman there Gibson Gibson I have heard of her L. C. I. Nay be not angry Mr. Solicitor for if you be we cannot help that neither The Law is the Law for you as well as me Mr. Sol. Gen. My Lord I must take the Rule from you now L. G. I. And so you shall Sir from the Court as long as I sit here and so shall every body else by the Grace of God I assure you I care not whether it please or displease we must not have our time taken up with impertinent things for I must say there have been as many offered in this Cause to day as ever were in any Cause that ever I heard and if all be not as some will have it then they must be in Passion presently The Court gives all due Respects and expects them Mr. Att. Gen. Have you any acquaintance with that Woman Gibson I have seen her a great while ago Mr. Att. Gen. What do you know of her what Reputation is she of Gibson I know nothing of her Reputation I know she was Mr. Duffett's Wife L. C. I. And so do we she tells us so What then Gibson I have seen her abed with Mr. Frogmorton and she told me she had then a Frog in her Belly Mr. Williams It seems then by having this Gentleman so ready they were aware of this too I suppose Mr. Neale brag'd of this too or else the guilty Conscience put them upon preparing for it But yet I think they do us no great harm by it Mr. Att. Gen. You will give our Evidence an Answer I suppose by and by But we will go on to the rest of yours As to the Bill and Answer in the Year 1629. In that of Iohn Stepkins it is said he makes the Bounds Eastward to be Foxes-lane But it is plain he that gives in that Answer was not acquainted with the Transactions of the Estate before his own time And if you consider the time of that Answer there was near Fourscore Years then past since the Lease made and so long it had been out of the Family rendering a Pepper-corn Rent and so the profitable Interest was only the Four Acres surrendered to him by the Tenant before the Licence to Alien And it appears not that he had any Notice of the Reversion But I observe in the Answer there is one Passage remarkable That there was a way time out of Mind that did part his Land and that which was reputed the Dean and Chapters Land Now that doth not tie it up to make Foxes-lane that same way but only says generally there was an old way which must be understood of the way down from Cock-hill to Bell-wharf So that I take it that is no conclusion upon us Nor upon the same Ground is that Lease made 13 Iacobi by Iohn Stepkins where he abutts his Land upon that Wall which is called Wall-marsh-wall and covenants to have the Rent increased if any thing beyond that be recovered For there was near Threescore Years to come then of this Lease and he had no pretence of Title to contest it at that time and so the Verdicts are all answered that way the Lease expired not till the Year 1680. Mr. Sol. Gen. Then my Lord for the Survey that they produce of the late times by Order of the Committee of Parliament for Sale of Church-lands how that should give a Title I do not understand It is the first time I ever heard of a Particular of Dean and Chapters Lands to be an Evidence when at that time there was no Dean and Chapter But that which is a clear Answer to it is this Winterburn who had the Lease from the Church did also claim under Marcellus Hall who had a Lease for Ninety Years That in time expired in the Year 1640. That Interest being then determined he gets these put into the Survey which it was his interest to do as the Inheritance of the Church which would gain him a Fee Simple upon his Purchase he concealing the long Lease and they being so long in Possession whereas otherwise he could only have an Estate for Years and it appears all the Deeds were in his Custody at that time For the other Witnesses that speak to the Wall that we must leave to the Juries Consideration upon the Ballance of the Evidence For with Submission my Lord taking the Evidence as it stands together if that Lease of Marcellus Hall be a good Lease these several Conveyances we produce are supported and do explain that He surrenders four Acres which are the Lands that are afterwards conveyed to Fox which is mentioned in the deed of his Surrender to be the Green Hilly Bank and that was the Boundary of the four Acres but what becomes of the other seven Acres and an half they have given no account of it hitherto But surely my Lord upon that first Survey I take it there is a strong Evidence concurring with our Assertion for that saith the South Boundary of the Dean's Lynches is Wall Marsh now then if there be seven Acres to go forward from thence that just reacheth up to Cock-hill And all the other Bounds plainly concur with ours and upon the perusal of the Survey which it is consented to on both sides the Jury shall have with them I believe they will be satisfied our Bounds and that agree Upon the whole Evidence I submit it for the Defendant We have done my Lord. Mr. Att. Gen. Only I would ask Mr. Sutton a Question whether the Bill and Answer now given in Evidence were not given in in Evidence at the last Tryal Sutton Yes it was Mr. Att. Gen. And yet the Verdict went for us then as I hope it will now L. C. I. Have you all done Gentlemen Will you say any thing for the Plaintiff Mr. Williams No my Lord we leave it to your Lordship and the Jury L. C. I. Then Gentlemen of the Jury This Evidence has been very long I think the Tryal has held us as long as any Cause that ever happened in Westminster-Hall of this Nature I mean except one this many Years I think we met with but one in all our Books that held near so long That indeed was rather something longer the famous Cause of Colt in this Court but besides that I never heard of a Cause of this length before But Gentlemen it is a Cause of Value and a Cause of great Weight and Consideration it hath
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