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.
      
       
         
           1696
        
      
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             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.
          
           95 p. in various pagings : map.
           
             s.n.],
             [S.l.
             1696.
          
           
             "Elam Mossam, plaintiff; versus Dame Theodosia Ivy, defendant"--P. 1.
             "Mr. Neale was lessee and so now lessor of the plaintiff"--To the reader.
             "Alimony arraign'd, or, The remonstrance and humble appeal of Thomas Ivie, Esq." has special t.p.
             Reproduction of original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Real property -- England.
           Divorce suits -- England.
        
      
    
     
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           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
             Forgeries
             ,
          
           
             p.
             52
          
           
             Mr.
             Sutton
             shuffles
             and
             rouses
             ,
             whereupon
             L.
             C.
             I.
             tells
             him
             ,
             it
             is
             very
             Rank
             ,
             I
             assure
             you
             ,
          
           
             p.
             54
          
           
             A
             Verdict
             offered
             by
             Lady
             Ivy
             to
             destroy
             Mrs.
             Duffett's
             Testimony
             ;
             as
             also
             her
             Husband's
             Oath
             declared
             to
             be
             no
             Evidence
             .
             
               See
               Pag.
               44.
            
             
          
           
             p.
             54
          
           
             The
             Verdict
             for
             the
             Plaintiff
             ,
             and
             several
             of
             the
             Forged
             Deeds
             ordered
             to
             be
             left
             in
             Court
             ,
             and
             a
             Prosecution
             for
             Forgery
             directed
             upon
             them
             ,
          
           
             p.
             54
          
        
         
           Next
           follows
           the
           Map
           of
           Shadwell
           :
           Then
           the
           Map
           of
           the
           Lands
           in
           Wapping
           ,
           and
           the
           Comparison
           'twixt
           the
           Title
           of
           the
           Creditors
           of
           Sir
           
             Anthony
             Bateman
          
           ,
           and
           Heirs
           of
           Whitchcutt
           ,
           and
           that
           of
           the
           Lady
           Ivy
           ,
           and
           ends
           with
           
             Allimony
             Arraigned
          
           .
        
      
    
     
       
         
           
             
             
               The
               Lady
               Ivy's
               Tryal
               ,
               For
               great
               Part
               of
               Shadwell
               ,
               in
               the
               County
               of
               Middlesex
               .
            
             
               Die
               Martis
               ,
               3.
               
               Junii
               ,
               1684.
               
               Ter
               '
               Trin
               '
               36
               Car.
               II.
               B.
               R.
               
            
             
               
                 Elam
                 Mossam
              
               ,
               Plaintiff
               ;
               versus
               Dame
               
                 Theodosia
                 Ivy
              
               ,
               Defendant
               .
            
             
               This
               Day
               this
               Cause
               came
               again
               to
               be
               tried
               at
               the
               Bar
               of
               the
               Court
               of
               
                 King's
                 Bench
              
               ,
               by
               a
               Iury
               of
               the
               County
               of
               Middlesex
               ;
               whose
               Names
               follow
               :
            
             
               
                 Middlesex
                 Jury
                 .
              
               
                 Sir
                 
                   Reginald
                   Foster
                
                 ,
                 Baronet
                 .
              
               
                 Sir
                 
                   Iohn
                   Cutler
                
                 ,
                 Knight
                 and
                 Baronet
                 .
              
               
                 Sir
                 
                   Goddard
                   Nelthorp
                
                 ,
                 Baronet
                 .
              
               
                 Sir
                 
                   Michael
                   Heneage
                
                 ,
                 Knight
                 .
              
               
                 Sir
                 
                   William
                   Gulston
                
                 ,
                 Knight
                 .
              
               
                 Sir
                 
                   Richard
                   Downton
                
                 ,
                 Knight
                 .
              
               
                 
                   Richard
                   Reynell
                
                 ,
                 
                   Esq
                
              
               
                 
                   Ralph
                   Bucknall
                
                 ,
                 
                   Esq
                
              
               
                 
                   Thomas
                   Austin
                
                 ,
                 
                   Esq
                
              
               
                 
                   Ioseph
                   Dawson
                
                 ,
                 
                   Esq
                
              
               
                 
                   Thomas
                   Cleve
                
                 ,
                 
                   Esq
                
              
               
                 
                   Richard
                   White
                
                 ,
                 
                   Esq
                
              
            
             
               Who
               being
               counted
               ,
               the
               Record
               was
               read
               to
               them
               by
               the
               Clerk
               of
               the
               Papers
               in
               English
               ;
               and
               opened
               by
               Mr.
               Holloway
               ,
               for
               the
               Plaintiff
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 MAY
                 it
                 please
                 your
                 Lordship
                 ,
                 and
                 you
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 I
                 am
                 of
                 Council
                 in
                 this
                 Case
                 with
                 the
                 Plaintiff
                 ,
                 and
                 the
                 Question
                 will
                 be
                 whether
                 the
                 Lessor
                 or
                 the
                 Plaintiff
                 hath
                 a
                 good
                 Title
                 to
                 the
                 Tenements
                 in
                 Question
                 ,
                 which
                 are
                 about
                 Three
                 or
                 Four
                 Hundred
                 Tenements
                 near
                 Radcliffe
                 in
                 Shadwell
                 Parish
                 ,
                 and
                 the
                 Ground
                 thereof
                 is
                 ,
                 say
                 we
                 ,
                 the
                 ancient
                 Inheritance
                 of
                 the
                 Church
                 of
                 St.
                 Paul's
                 ,
                 who
                 have
                 had
                 the
                 Possession
                 thereof
                 for
                 Four
                 or
                 Five
                 Hundred
                 Years
                 .
                 We
                 shall
                 prove
                 Leases
                 down
                 for
                 some
                 Hundreds
                 of
                 Years
                 ,
                 till
                 we
                 come
                 to
                 that
                 made
                 to
                 the
                 Lessor
                 of
                 the
                 Plaintiff
                 under
                 whom
                 we
                 claim
                 .
                 We
                 will
                 begin
                 with
                 the
                 last
                 Lease
                 of
                 Dean
                 Stillingfleet
                 ,
                 30.
                 
                 Sept.
                 1678.
                 upon
                 the
                 surrender
                 of
                 the
                 Lease
                 made
                 by
                 Dean
                 Sandcroft
                 ,
                 now
                 my
                 Lord
                 Archbishop
                 of
                 Canterbury
                 .
              
               
                 Swear
                 
                   Ieofrey
                   Willan
                
                 (
                 which
                 was
                 done
                 )
                 it
                 is
                 a
                 Church
                 Lease
                 ,
                 but
                 yet
                 he
                 is
                 a
                 Witness
                 to
                 it
                 .
              
            
             
               The
               Lease
               of
               
                 30.
                 
                 Sept.
                 1678.
              
               was
               read
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 (
                 shewing
                 to
                 him
                 another
                 Deed.
                 )
              
               
                 Did
                 you
                 see
                 that
                 Deed
                 sealed
                 and
                 delivered
                 ?
              
            
             
               
                 Willan
                 .
              
               
                 Yes
                 ,
                 Sir.
                 
              
               
                 An
                 Indenture
                 4
                 tite
                 .
                 made
                 the
                 25th
                 .
                 March
                 ,
                 1679.
                 31
                 
                 Car.
                 II.
                 between
                 
                   Thomas
                   Neale
                
                 ,
                 
                   Esq
                
                 the
                 Lady
                 
                   Gold
                   ,
                   &c.
                
                 Read.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 admit
                 the
                 Assignment
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Then
                 we
                 shall
                 prove
                 the
                 Lands
                 in
                 Question
                 were
                 always
                 held
                 of
                 the
                 Dean
                 of
                 Pauls
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Ay
                 do
                 ,
                 shew
                 that
                 these
                 Lands
                 in
                 Question
                 were
                 so
                 ,
                 if
                 you
                 can
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 would
                 not
                 interrupt
                 you
                 ,
                 Gentlemen
                 ,
                 pray
                 go
                 your
                 own
                 way
                 ;
                 but
                 if
                 I
                 mistake
                 not
                 ,
                 you
                 had
                 as
                 good
                 begin
                 with
                 5
                 Ed.
                 VI.
                 as
                 you
                 did
                 last
                 time
                 ,
                 as
                 I
                 remember
                 ,
                 I
                 have
                 not
                 indeed
                 my
                 Book
                 I
                 had
                 then
                 here
                 ;
                 I
                 fear
                 we
                 have
                 not
                 overmuch
                 time
                 to
                 waste
                 ,
                 we
                 shall
                 want
                 time
                 at
                 the
                 latter
                 end
                 of
                 the
                 Cause
                 ,
                 therefore
                 pray
                 come
                 close
                 to
                 the
                 Merits
                 of
                 the
                 Cause
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 We
                 will
                 shew
                 it
                 if
                 they
                 require
                 it
                 ,
                 they
                 know
                 it
                 well
                 enough
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Shew
                 what
                 you
                 can
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 In
                 5
                 H.
                 VIII
                 .
                 the
                 Dean
                 of
                 
                   Paul's
                   ,
                   Collett
                
                 ,
                 Leases
                 to
                 one
                 
                   Iohn
                   Hall.
                
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 it
                 is
                 5
                 of
                 Ed.
                 VI.
                 I
                 ask
                 for
                 .
              
            
             
               
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 23.
                 
                 Feb.
                 5
                 Ed.
                 VI.
                 Dean
                 May
                 doth
                 make
                 a
                 Lease
                 to
                 
                   Ioan
                   Hall
                
                 ,
                 and
                 
                   Marcellus
                   Hall.
                
                 Then
                 Dean
                 Fecknam
                 ,
                 10.
                 
                 Dec.
                 2
                 and
                 3
                 Phil.
                 and
                 Mar.
                 in
                 Consideration
                 of
                 a
                 Surrender
                 of
                 that
                 Lease
                 ,
                 let
                 ts
                 another
                 Lease
                 to
                 
                   Marcellus
                   Hall
                
                 ;
                 and
                 so
                 it
                 continued
                 till
                 May
                 1630.
                 and
                 then
                 Dean
                 Donne
                 made
                 a
                 Lease
                 for
                 Three
                 Lives
                 ,
                 and
                 upon
                 the
                 Surrender
                 of
                 that
                 in
                 1636.
                 
                 Dean
                 Winnet
                 made
                 a
                 Lease
                 to
                 Moor
                 ,
                 and
                 in
                 1640.
                 he
                 made
                 another
                 Lease
                 to
                 Winterburn
                 ,
                 which
                 was
                 sold
                 to
                 Mr.
                 Neale
                 ,
                 and
                 so
                 came
                 to
                 the
                 Lesser
                 of
                 the
                 Plaintiff
                 .
                 First
                 read
                 this
                 Book
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 Book
                 is
                 it
                 ,
                 Mr.
                 Serjeant
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 tell
                 us
                 what
                 it
                 is
                 ;
                 open
                 it
                 before
                 you
                 read
                 it
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 reads
                 .
                 ]
              
               
                 A
                 Tenement
                 with
                 a
                 Watermil
                 ,
                 
                   cum
                   Pertinentiis
                
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 is
                 it
                 you
                 read
                 there
                 ?
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 It
                 is
                 a
                 Book
                 that
                 belongs
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 St.
                 Pauls
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 Book
                 is
                 it
                 ?
                 How
                 do
                 you
                 prove
                 it
                 to
                 belong
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 ?
              
            
             
               Then
               Mr.
               Spencer
               was
               called
               ,
               but
               could
               not
               readily
               come
               in
               by
               reason
               of
               the
               Crowd
               .
            
             
               Mr.
               Porter
               was
               sworn
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Mr.
                 Porter
                 ,
                 What
                 say
                 you
                 to
                 this
                 Book
                 ?
              
            
             
               
                 Porter
                 .
              
               
                 Since
                 the
                 beginning
                 of
                 this
                 Suit
                 ,
                 this
                 Book
                 was
                 found
                 among
                 the
                 Writings
                 of
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 ago
                 ,
                 Sir
                 ,
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Porter
                 .
              
               
                 About
                 a
                 Year
                 ago
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 but
                 a
                 slovenly
                 account
                 of
                 such
                 a
                 Book
                 as
                 this
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 It
                 is
                 plain
                 ,
                 my
                 Lord
                 ,
                 it
                 is
                 not
                 a
                 new
                 Book
                 made
                 on
                 purpose
                 :
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 It
                 is
                 plain
                 that
                 in
                 this
                 slippery
                 Age
                 we
                 live
                 in
                 ,
                 it
                 is
                 very
                 easy
                 to
                 make
                 a
                 Book
                 look
                 as
                 old
                 as
                 you
                 would
                 have
                 it
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 We
                 will
                 go
                 on
                 to
                 the
                 Lease
                 made
                 to
                 
                   Marcellus
                   Hall.
                
                 
              
            
             
               Then
               Mr.
               Spencer
               came
               in
               and
               was
               sworn
               .
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Pray
                 ,
                 Sir
                 ,
                 when
                 first
                 saw
                 you
                 that
                 Book
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Seven
                 Years
                 ago
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 Sir
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Among
                 the
                 Evidences
                 of
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 is
                 it
                 you
                 would
                 read
                 in
                 it
                 ?
                 an
                 intire
                 Lease
                 ,
                 or
                 what
                 ?
              
            
             
               
                 Mr.
                 Serg.
                 Stringer
                 .
              
               
                 'T
                 is
                 a
                 short
                 Note
                 of
                 a
                 Lease
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 reads
                 .
                 ]
              
               
                 A
                 Tenement
                 with
                 a
                 Watermil
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 See
                 if
                 the
                 Book
                 have
                 any
                 Title
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 No
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Let
                 me
                 see
                 it
                 .
                 
                   (
                   Which
                   was
                   done
                   )
                
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 The
                 23th
                 .
                 Feb.
                 5
                 Ed.
                 VI.
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 You
                 ,
                 Spencer
                 ,
                 Have
                 you
                 seen
                 in
                 any
                 of
                 the
                 Books
                 an
                 Entry
                 of
                 any
                 Lease
                 made
                 by
                 Dean
                 Collett
                 .
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 have
                 not
                 observed
                 that
                 I
                 have
                 seen
                 any
                 Lease
                 of
                 Dean
                 Collet
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Have
                 you
                 seen
                 any
                 Lease
                 made
                 by
                 Dean
                 Collet
                 ,
                 in
                 the
                 time
                 of
                 Henry
                 VIII
                 ▪
                 about
                 any
                 of
                 the
                 Churches
                 Lands
                 ?
                 I
                 ask
                 you
                 the
                 Question
                 ,
                 because
                 I
                 observe
                 here
                 in
                 this
                 Paper
                 in
                 two
                 places
                 here
                 is
                 the
                 Word
                 ,
                 Dean
                 Collett
                 ,
                 writ
                 with
                 another
                 Hand
                 than
                 that
                 of
                 the
                 Book
                 ;
                 but
                 Nowell
                 is
                 writ
                 with
                 the
                 same
                 Hand
                 as
                 the
                 other
                 .
                 And
                 so
                 Nowell
                 seems
                 to
                 have
                 been
                 put
                 for
                 the
                 Maker
                 of
                 this
                 Lease
                 ,
                 as
                 being
                 put
                 upon
                 the
                 Top
                 ;
                 when
                 in
                 Truth
                 he
                 was
                 not
                 Dean
                 till
                 long
                 after
                 .
                 Upon
                 your
                 Oath
                 ,
                 in
                 whose
                 Name
                 was
                 that
                 Lease
                 Lett
                 that
                 is
                 here
                 spoken
                 of
                 .
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 know
                 not
                 ,
                 my
                 Lord
                 ,
                 that
                 is
                 the
                 Book
                 I
                 saw
                 then
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 this
                 Lease
                 in
                 your
                 Book
                 of
                 Leases
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 ,
                 Gentlemen
                 ,
                 you
                 did
                 produce
                 before
                 your
                 Original
                 Deed
                 of
                 Purchase
                 :
                 Where
                 is
                 it
                 now
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 That
                 Book
                 was
                 produced
                 and
                 read
                 at
                 the
                 first
                 Tryal
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 first
                 Tryal
                 ?
                 not
                 that
                 last
                 Term.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 It
                 was
                 in
                 Court
                 at
                 that
                 time
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 believe
                 not
                 ,
                 you
                 are
                 mistaken
                 in
                 that
                 ,
                 for
                 I
                 brought
                 the
                 Notes
                 I
                 took
                 then
                 and
                 I
                 find
                 no
                 such
                 thing
                 here
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 They
                 produce
                 then
                 the
                 first
                 Purchase
                 of
                 the
                 Dean
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 there
                 any
                 Lease
                 of
                 Henry
                 VIII
                 .
                 Time
                 in
                 that
                 Book
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 do
                 not
                 remember
                 any
                 Lease
                 of
                 H.
                 VIII
                 .
                 Time
                 of
                 this
                 Land
                 ,
                 but
                 I
                 have
                 seen
                 that
                 Book
                 ever
                 since
                 I
                 belonged
                 to
                 the
                 Dean's
                 Business
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Have
                 you
                 not
                 a
                 Book
                 of
                 the
                 Succession
                 of
                 your
                 Deans
                 ?
                 When
                 was
                 Collet
                 Dean
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 In
                 1505.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 was
                 Nowell
                 Dean
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 in
                 1560.
                 
              
            
             
               
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 I
                 assure
                 you
                 this
                 Book
                 is
                 grandly
                 suspicious
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 They
                 threaten
                 us
                 with
                 Forgeries
                 ,
                 and
                 I
                 know
                 not
                 what
                 ,
                 I
                 believe
                 it
                 will
                 be
                 found
                 on
                 Mr.
                 
                 Neale's
                 Side
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 If
                 in
                 case
                 you
                 come
                 and
                 produce
                 a
                 Book
                 ,
                 and
                 you
                 value
                 your selves
                 upon
                 the
                 Antiquity
                 of
                 it
                 ,
                 as
                 an
                 Evidence
                 that
                 this
                 Land
                 did
                 belong
                 to
                 the
                 Dean
                 and
                 Chapter
                 ,
                 and
                 leased
                 by
                 them
                 5
                 H.
                 VIII
                 .
                 and
                 in
                 that
                 Book
                 Nowell
                 is
                 written
                 by
                 the
                 same
                 Hand
                 as
                 the
                 rest
                 of
                 the
                 Book
                 ,
                 as
                 Dean
                 then
                 ,
                 but
                 because
                 you
                 find
                 Collet
                 was
                 then
                 Dean
                 ,
                 and
                 Nowell
                 not
                 till
                 threescore
                 Years
                 after
                 ,
                 Nowel
                 ,
                 is
                 turned
                 by
                 another
                 hand
                 to
                 Collet
                 ,
                 it
                 draws
                 a
                 great
                 Suspicion
                 certainly
                 upon
                 your
                 Book
                 ,
                 as
                 set
                 up
                 for
                 a
                 purpose
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 It
                 is
                 true
                 ,
                 my
                 Lord
                 ,
                 if
                 we
                 did
                 that
                 it
                 were
                 something
                 ,
                 but
                 we
                 find
                 an
                 old
                 Book
                 among
                 the
                 Evidences
                 of
                 the
                 Church
                 ,
                 and
                 we
                 produce
                 it
                 as
                 such
                 ;
                 we
                 have
                 not
                 altered
                 it
                 ,
                 therefore
                 it
                 cannot
                 be
                 done
                 for
                 our
                 purpose
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 knows
                 who
                 did
                 it
                 ,
                 but
                 done
                 it
                 is
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 And
                 your
                 Title
                 is
                 under
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 keeps
                 the
                 Evidences
                 that
                 belong
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 They
                 are
                 kept
                 in
                 the
                 Chapter-House
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 am
                 persuaded
                 there
                 may
                 be
                 an
                 ancient
                 Book
                 ,
                 and
                 this
                 may
                 be
                 such
                 an
                 one
                 ,
                 but
                 it
                 looks
                 a
                 little
                 untoward
                 in
                 this
                 Particular
                 .
                 You
                 ,
                 Spencer
                 ,
                 did
                 you
                 look
                 upon
                 those
                 two
                 particular
                 Passages
                 ?
              
            
             
               
                 Spencer
                 ,
              
               
                 No
                 ;
                 I
                 did
                 not
                 observe
                 it
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 My
                 Lord
                 ,
                 our
                 next
                 Lease
                 in
                 the
                 Book
                 recites
                 one
                 made
                 by
                 Collett
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Come
                 upon
                 your
                 Oath
                 ;
                 did
                 not
                 Mr.
                 Baron
                 ,
                 or
                 Mr.
                 Neale
                 come
                 to
                 search
                 in
                 this
                 Book
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Yes
                 ,
                 they
                 did
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Lutchwich
                 .
              
               
                 How
                 long
                 ago
                 was
                 that
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 As
                 to
                 Mr.
                 Baron
                 or
                 Mr.
                 Neale
                 themselves
                 ,
                 I
                 did
                 never
                 see
                 them
                 come
                 to
                 search
                 :
                 But
                 some
                 for
                 them
                 have
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Do
                 you
                 believe
                 the
                 Book
                 was
                 thus
                 as
                 it
                 is
                 now
                 ,
                 before
                 you
                 came
                 at
                 first
                 to
                 it
                 ?
              
            
             
               
                 Mr.
                 Serj.
                 Lutwich
                 .
              
               
                 You
                 say
                 they
                 did
                 not
                 come
                 to
                 search
                 ,
                 what
                 did
                 they
                 come
                 for
                 then
                 ,
                 to
                 drink
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 They
                 have
                 come
                 to
                 the
                 Officer
                 ,
                 Mr.
                 Porter
                 ,
                 but
                 I
                 never
                 see
                 them
                 search
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 But
                 I
                 ask
                 you
                 again
                 ,
                 was
                 it
                 so
                 when
                 you
                 found
                 it
                 first
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 believe
                 it
                 was
                 ,
                 I
                 know
                 of
                 no
                 Alteration
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 But
                 to
                 put
                 it
                 out
                 of
                 doubt
                 ,
                 we
                 have
                 the
                 second
                 Lease
                 ,
                 which
                 does
                 recite
                 this
                 Lease
                 of
                 
                 Collett's
                 .
              
            
             
               
                 Mr.
                 North.
                 
              
               
                 Nay
                 ,
                 my
                 Lord
                 ,
                 we
                 have
                 another
                 piece
                 of
                 Evidence
                 that
                 will
                 fortify
                 that
                 Book
                 to
                 be
                 true
                 ,
                 as
                 to
                 the
                 Foundation
                 of
                 it
                 ,
                 that
                 such
                 a
                 Lease
                 was
                 then
                 made
                 as
                 the
                 Book
                 says
                 ;
                 for
                 we
                 have
                 a
                 kind
                 of
                 Particular
                 ,
                 or
                 Catalogue
                 of
                 the
                 Evidences
                 of
                 the
                 Dean
                 and
                 Chapter
                 .
                 It
                 is
                 an
                 ancient
                 Writing
                 .
                 And
                 in
                 this
                 there
                 is
                 mention
                 particularly
                 made
                 of
                 a
                 Lease
                 made
                 in
                 5
                 H.
                 VIII
                 .
                 Pray
                 Sir
                 look
                 upon
                 that
                 ,
                 and
                 give
                 an
                 account
                 of
                 it
                 .
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 have
                 seen
                 this
                 among
                 the
                 rest
                 of
                 the
                 Evidences
                 of
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 ago
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 cannot
                 directly
                 tell
                 .
              
            
             
               
                 Mr.
                 Pollexfen
                 .
              
               
                 How
                 long
                 do
                 you
                 think
                 ,
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Two
                 Years
                 ago
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 That
                 is
                 since
                 this
                 Contest
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 That
                 is
                 a
                 little
                 too
                 lately
                 for
                 an
                 ancient
                 Writing
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Lutwitch
                 .
              
               
                 Did
                 you
                 see
                 it
                 before
                 Mr.
                 Neale
                 or
                 Mr.
                 Baron
                 ordered
                 a
                 Search
                 there
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 cannot
                 say
                 particularly
                 I
                 did
                 ;
                 I
                 have
                 seen
                 this
                 Paper
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Paper
                 ,
                 Man
                 ?
                 it
                 is
                 a
                 Parchment
                 ,
                 pr'ythee
                 mind
                 what
                 thou
                 sayst
                 :
                 How
                 long
                 is
                 it
                 since
                 you
                 first
                 saw
                 that
                 Parchment
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 I
                 believe
                 I
                 have
                 seen
                 it
                 this
                 seven
                 Years
                 ,
                 but
                 not
                 that
                 I
                 can
                 swear
                 to
                 have
                 taken
                 any
                 particular
                 Notice
                 of
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 did
                 you
                 see
                 it
                 first
                 ,
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Among
                 the
                 rest
                 of
                 the
                 Deeds
                 and
                 Evidences
                 that
                 belong
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Upon
                 what
                 Occasion
                 did
                 you
                 take
                 notice
                 of
                 it
                 first
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Upon
                 searching
                 among
                 the
                 Writings
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Who
                 did
                 search
                 with
                 you
                 at
                 that
                 time
                 ,
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 Mr.
                 Porter
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 it
                 delivered
                 to
                 Mr.
                 Neale
                 before
                 it
                 was
                 brought
                 hither
                 ?
              
            
             
               
                 Spencer
                 .
              
               
                 It
                 is
                 brought
                 here
                 now
                 among
                 the
                 Dean's
                 other
                 Writings
                 ,
                 we
                 never
                 use
                 to
                 deliver
                 any
                 out
                 .
              
            
             
               
               
                 Clerk.
                 
              
               
                 [
                 Reads
                 .
                 ]
              
               
                 This
                 is
                 dated
                 2
                 Eliz.
                 1559.
                 
                 Books
                 and
                 other
                 Writings
                 appertaining
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Now
                 we
                 will
                 read
                 the
                 Lease
                 to
                 
                   Marcellus
                   Hall
                
                 ;
                 wherein
                 this
                 is
                 recited
                 to
                 have
                 been
                 made
                 .
              
            
             
               The
               Lease
               in
               the
               Book
               was
               read
               ,
               dated
               
                 23.
                 
                 Feb.
                 5
                 Ed.
                 VI.
              
               for
               Five
               and
               Forty
               Years
               ,
               at
               10
               l.
               Rent
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Then
                 the
                 next
                 Lease
                 is
                 in
                 2
                 &
                 3
                 
                   Phil.
                   &
                   Mar.
                
                 10.
                 
                 Dec.
                 2
                 &
                 3
                 Phil.
                 &
                 Mar.
                 
                   from
                   Dean
                
                 Fecknam
                 to
                 Marcellus
                 Hall
                 
                   for
                   Ninety
                   Years
                   from
                
                 Michaelmas
                 before
                 .
              
               
                 [
                 Which
                 was
                 read
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 There
                 is
                 a
                 License
                 to
                 alter
                 the
                 Mill
                 ,
                 which
                 we
                 shall
                 prove
                 he
                 afterwards
                 did
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Your
                 Lordship
                 observes
                 here
                 were
                 Grounds
                 and
                 several
                 Houses
                 at
                 this
                 time
                 lett
                 ,
                 with
                 the
                 Mill
                 ,
                 and
                 Ponds
                 ,
                 and
                 Ditches
                 to
                 receive
                 the
                 Water
                 .
                 After
                 this
                 ,
                 
                   Marcellus
                   Hall
                
                 assigned
                 to
                 
                   Adrian
                   Moor
                
                 ;
                 he
                 in
                 the
                 Year
                 1618.
                 deviseth
                 it
                 to
                 his
                 Wife
                 
                   Mary
                   Moor
                
                 ;
                 and
                 in
                 1630.
                 she
                 surrenders
                 and
                 hath
                 a
                 new
                 Lease
                 for
                 Lives
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Shew
                 your
                 Assignments
                 ,
                 Mr.
                 Serjeant
                 ,
                 from
                 
                   Marcellus
                   Hall.
                
                 
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 That
                 we
                 cannot
                 do
                 ,
                 nor
                 need
                 we
                 ,
                 for
                 we
                 are
                 not
                 to
                 derive
                 our
                 Title
                 that
                 way
                 ,
                 but
                 the
                 Churches
                 Title
                 is
                 ours
                 .
                 We
                 will
                 shew
                 you
                 Dean
                 Donnes
                 Lease
                 to
                 
                   Mary
                   Moor
                
                 upon
                 her
                 Surrender
                 .
              
            
             
               Which
               Lease
               ,
               dated
               
                 14
                 May
                 ,
                 1630.
                 6
                 
                 Car.
                 I.
              
               for
               three
               Lives
               at
               10
               l.
               &c.
               was
               read
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Then
                 
                   Mary
                   Moor
                
                 ,
                 Six
                 Years
                 after
                 ,
                 surrenders
                 this
                 Lease
                 ,
                 and
                 takes
                 a
                 new
                 Lease
                 for
                 three
                 Lives
                 in
                 Dean
                 
                 Winneff's
                 time
                 ,
                 at
                 10
                 l.
                 a
                 Year
                 Rent
                 ,
                 and
                 40
                 s.
                 Increase
                 .
              
            
             
               Which
               Lease
               dated
               
                 5.
                 
                 Aug.
                 1636.
                 6
                 
                 Car.
                 I.
              
               was
               read
               .
            
             
               Then
               another
               Lease
               dated
               
                 5.
                 
                 March
                 ,
                 1640.
                 16
                 
                 Car.
                 I.
              
               by
               Dean
               Winniff
               to
               
                 Samuel
                 Whitwick
              
               ,
               and
               
                 John
                 Winterburn
              
               ,
               at
               10
               l.
               the
               ancient
               Rent
               ,
               40
               s.
               before
               increased
               ,
               and
               
                 4
                 l.
              
               more
               now
               increased
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Thus
                 far
                 it
                 stood
                 upon
                 Leases
                 for
                 Lives
                 ;
                 this
                 Lease
                 continued
                 till
                 1669.
                 till
                 Mr.
                 Neale
                 bought
                 this
                 Land
                 ,
                 and
                 then
                 he
                 renewed
                 it
                 from
                 the
                 now
                 Archbishop
                 ,
                 then
                 Dean
                 Sancroft
                 ,
                 who
                 raised
                 the
                 Rent
                 to
                 80
                 l.
                 during
                 the
                 Life
                 of
                 Freak
                 ,
                 who
                 was
                 the
                 surviving
                 Life
                 ,
                 and
                 to
                 100
                 l.
                 after
                 .
              
            
             
               Which
               Lease
               dated
               
                 12.
                 
                 July
                 ,
                 21
                 Car.
                 1669.
              
               was
               read
               .
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 We
                 have
                 brought
                 it
                 home
                 now
                 ,
                 my
                 Lord
                 ,
                 to
                 the
                 Lessor
                 of
                 the
                 Plaintiff
                 :
                 For
                 we
                 have
                 shewn
                 this
                 Lease
                 was
                 surrendered
                 to
                 Dean
                 Stillingfleet
                 ,
                 and
                 thereupon
                 he
                 made
                 the
                 Lease
                 to
                 Garrard
                 and
                 Cratford
                 ,
                 which
                 we
                 have
                 given
                 an
                 account
                 of
                 before
                 .
                 And
                 so
                 we
                 have
                 shewn
                 a
                 Succession
                 of
                 Leases
                 from
                 the
                 Church
                 for
                 130
                 odd
                 Years
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 The
                 last
                 Lease
                 is
                 at
                 the
                 Rent
                 of
                 240
                 l.
                 a
                 Year
                 ,
                 I
                 think
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Yes
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 Mr.
                 Serj.
                 Maynard
                 .
              
               
                 Have
                 you
                 done
                 ,
                 Gentlemen
                 ?
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Yes
                 ;
                 we
                 have
                 ,
                 till
                 you
                 give
                 us
                 farther
                 occasion
                 ,
                 Brother
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Maynard
                 .
              
               
                 Then
                 ,
                 may
                 it
                 please
                 your
                 Lordship
                 ,
                 and
                 you
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 I
                 am
                 of
                 Counsel
                 in
                 this
                 Cause
                 for
                 the
                 Defendant
                 ,
                 my
                 Lady
                 Ivy.
                 The
                 Plaintiffs
                 have
                 given
                 you
                 a
                 sort
                 of
                 Evidence
                 for
                 a
                 Title
                 ;
                 but
                 the
                 Truth
                 of
                 it
                 is
                 ,
                 all
                 that
                 they
                 say
                 will
                 not
                 make
                 a
                 Conclusion
                 such
                 as
                 they
                 would
                 have
                 from
                 their
                 Premises
                 :
                 For
                 all
                 that
                 they
                 have
                 proved
                 ,
                 is
                 that
                 the
                 Deans
                 of
                 Pauls
                 successively
                 one
                 after
                 another
                 have
                 made
                 Leases
                 .
                 They
                 did
                 in
                 the
                 beginning
                 tell
                 you
                 ,
                 they
                 had
                 had
                 this
                 Land
                 hundreds
                 of
                 Years
                 :
                 But
                 what
                 have
                 they
                 had
                 ?
                 and
                 what
                 Leases
                 have
                 they
                 made
                 ?
                 But
                 only
                 a
                 Mill
                 ,
                 a
                 Bakehouse
                 ,
                 a
                 Trough
                 of
                 Lead
                 ,
                 and
                 all
                 Houses
                 ,
                 Lands
                 ,
                 Meadows
                 ,
                 and
                 Pastures
                 thereto
                 belonging
                 .
                 We
                 do
                 not
                 deny
                 but
                 that
                 they
                 are
                 to
                 have
                 a
                 Mill
                 ;
                 their
                 Leases
                 are
                 all
                 so
                 ,
                 even
                 the
                 new
                 ones
                 do
                 mostly
                 follow
                 the
                 Tract
                 and
                 Words
                 that
                 were
                 used
                 in
                 Queen
                 Mary
                 and
                 Henry
                 the
                 eighths
                 times
                 .
                 But
                 here
                 is
                 the
                 truth
                 of
                 our
                 Case
                 :
                 That
                 the
                 Dean
                 and
                 Chapter
                 had
                 a
                 Mill
                 we
                 agree
                 ;
                 nay
                 ,
                 more
                 than
                 that
                 we
                 agree
                 that
                 they
                 have
                 Eighteen
                 Acres
                 that
                 lye
                 on
                 the
                 North
                 side
                 of
                 Ratcliff
                 High-way
                 ,
                 and
                 also
                 that
                 they
                 have
                 another
                 parcel
                 of
                 Land
                 called
                 the
                 Lynches
                 .
                 That
                 this
                 may
                 be
                 understood
                 ,
                 we
                 now
                 crave
                 leave
                 to
                 deliver
                 Maps
                 to
                 the
                 Court
                 and
                 the
                 Jury
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 And
                 we
                 desire
                 ours
                 may
                 be
                 seen
                 too
                 .
              
            
             
               
                 Mr.
                 
                   I.
                   Withins
                
                 .
              
               
                 Aye
                 ,
                 deliver
                 in
                 your
                 Maps
                 ,
                 this
                 is
                 the
                 only
                 fit
                 place
                 for
                 them
                 .
              
            
             
               Which
               was
               done
               on
               both
               sides
               .
            
             
               
                 Mr.
                 Serj.
                 Maynard
                 .
              
               
                 Then
                 ,
                 my
                 Lord
                 ,
                 I
                 will
                 go
                 on
                 .
                 We
                 agree
                 ,
                 I
                 say
                 ,
                 they
                 had
                 a
                 Mill
                 which
                 is
                 now
                 taken
                 down
                 and
                 put
                 in
                 another
                 place
                 :
                 We
                 shall
                 shew
                 them
                 where
                 it
                 did
                 stand
                 ,
                 and
                 that
                 was
                 no
                 part
                 of
                 the
                 Land
                 now
                 in
                 Question
                 .
                 The
                 Jury
                 have
                 seen
                 the
                 place
                 ,
                 and
                 I
                 hope
                 have
                 had
                 a
                 satisfactory
                 view
                 of
                 it
                 .
                 There
                 was
                 once
                 a
                 Mill
                 standing
                 ,
                 and
                 there
                 was
                 once
                 a
                 Pond
                 ,
                 but
                 that
                 Mill
                 and
                 Pond
                 doth
                 stand
                 elsewhere
                 .
                 The
                 Land
                 in
                 Question
                 we
                 say
                 was
                 anciently
                 Marsh
                 Ground
                 ,
                 and
                 subject
                 to
                 the
                 overflowing
                 of
                 the
                 Water
                 ,
                 and
                 it
                 is
                 so
                 to
                 this
                 Day
                 .
                 In
                 H.
                 VIII
                 .
                 time
                 it
                 was
                 by
                 one
                 Vanderdelf
                 ,
                 a
                 Dutchman
                 ,
                 drained
                 .
                 This
                 
                 by
                 Act
                 of
                 Parliament
                 
                   Richard
                   Hill
                
                 was
                 made
                 Owner
                 of
                 and
                 he
                 convey'd
                 it
                 to
                 Stepkin
                 ,
                 who
                 was
                 the
                 Defendants
                 Ancestor
                 ,
                 and
                 whose
                 Heir
                 she
                 is
                 .
                 And
                 the
                 Boundaries
                 are
                 set
                 down
                 in
                 that
                 ,
                 and
                 the
                 subsequent
                 Conveyances
                 ,
                 which
                 cannot
                 possibly
                 stand
                 with
                 those
                 that
                 their
                 Mill
                 is
                 said
                 to
                 stand
                 in
                 .
                 We
                 shall
                 shew
                 by
                 several
                 Records
                 the
                 Queen
                 had
                 a
                 Title
                 to
                 it
                 by
                 a
                 Conveyance
                 in
                 way
                 of
                 Mortgage
                 to
                 her
                 ,
                 and
                 this
                 afterwards
                 was
                 conveyed
                 back
                 again
                 to
                 the
                 Ancestor
                 of
                 my
                 Lady
                 Ivy.
                 We
                 yield
                 they
                 had
                 a
                 Mill
                 ,
                 and
                 they
                 have
                 increased
                 the
                 Rent
                 sufficiently
                 upon
                 it
                 ,
                 not
                 to
                 need
                 other
                 Mens
                 Land.
                 '
                 They
                 have
                 Houses
                 built
                 upon
                 it
                 ,
                 I
                 know
                 not
                 indeed
                 how
                 much
                 ,
                 but
                 I
                 think
                 it
                 is
                 near
                 1000
                 l.
                 a
                 Year
                 that
                 yields
                 to
                 them
                 .
                 If
                 then
                 we
                 can
                 demonstratively
                 shew
                 you
                 where
                 our
                 Ground
                 is
                 ,
                 and
                 where
                 theirs
                 is
                 ,
                 and
                 if
                 we
                 affirm
                 our
                 Title
                 by
                 Records
                 and
                 good
                 Conveyances
                 ,
                 then
                 by
                 a
                 Pretence
                 to
                 a
                 Mill
                 I
                 hope
                 they
                 shall
                 not
                 grind
                 us
                 ,
                 or
                 take
                 away
                 all
                 our
                 Land.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 and
                 Gentlemen
                 of
                 the
                 Jury
                 ,
                 I
                 crave
                 leave
                 to
                 answer
                 the
                 Evidence
                 that
                 has
                 been
                 given
                 ,
                 before
                 I
                 enter
                 upon
                 our
                 Title
                 .
                 They
                 have
                 spent
                 a
                 great
                 deal
                 of
                 time
                 to
                 derive
                 down
                 a
                 Title
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 ,
                 to
                 a
                 Mill
                 ,
                 a
                 Bake-house
                 ,
                 and
                 some
                 little
                 Ground
                 thereto
                 belonging
                 .
                 And
                 truly
                 ,
                 as
                 Mr.
                 Serjeant
                 says
                 ,
                 no
                 Man
                 ever
                 questioned
                 the
                 Dean
                 and
                 Chapter
                 for
                 their
                 Mill
                 ,
                 and
                 Bake-house
                 ,
                 and
                 Leaden
                 Trough
                 .
                 But
                 the
                 thing
                 in
                 Question
                 is
                 ,
                 seven
                 Acres
                 and
                 an
                 half
                 of
                 Land
                 ,
                 which
                 in
                 the
                 Memory
                 of
                 Man
                 was
                 Marsh
                 Ground
                 :
                 If
                 you
                 observed
                 it
                 ,
                 Gentlemen
                 ,
                 upon
                 the
                 view
                 how
                 it
                 lies
                 ,
                 you
                 know
                 the
                 North
                 Bound
                 is
                 the
                 Dean's
                 Lynches
                 ,
                 the
                 South
                 Bound
                 is
                 the
                 
                   Thames
                   Wall
                
                 ,
                 the
                 West
                 Bound
                 Foxes-lane
                 ,
                 and
                 the
                 East
                 Bound
                 is
                 the
                 Hilly-ground
                 that
                 is
                 called
                 Cock-hill
                 :
                 And
                 we
                 say
                 as
                 to
                 all
                 this
                 Land
                 ,
                 it
                 is
                 none
                 of
                 the
                 Dean
                 and
                 Chapter
                 's
                 ,
                 nor
                 ever
                 did
                 pass
                 or
                 was
                 enjoy'd
                 by
                 this
                 Lease
                 ,
                 but
                 we
                 shall
                 shew
                 you
                 it
                 was
                 under
                 another
                 Lease
                 :
                 I
                 must
                 observe
                 that
                 it
                 is
                 very
                 strange
                 upon
                 their
                 own
                 Evidence
                 that
                 a
                 Mill
                 
                   cum
                   Pertinentiis
                
                 should
                 pass
                 seven
                 Acres
                 of
                 Ground
                 ;
                 and
                 a
                 Mill
                 that
                 was
                 demolished
                 so
                 long
                 ago
                 as
                 in
                 Queen
                 Mary's
                 Time
                 ,
                 for
                 so
                 we
                 shall
                 plainly
                 shew
                 you
                 it
                 was
                 ,
                 and
                 that
                 these
                 Lands
                 containing
                 so
                 considerable
                 a
                 Revenue
                 should
                 not
                 have
                 a
                 Survey
                 taken
                 of
                 then
                 ,
                 or
                 a
                 Boundary
                 made
                 of
                 the
                 Land
                 that
                 they
                 might
                 know
                 what
                 was
                 theirs
                 ,
                 and
                 what
                 their
                 Neighbours
                 .
                 For
                 your
                 Lordship
                 and
                 the
                 Jury
                 may
                 observe
                 in
                 all
                 the
                 Leases
                 and
                 Conveyances
                 down
                 to
                 this
                 time
                 in
                 Dean
                 
                 Collett's
                 Lease
                 ,
                 and
                 onward
                 there
                 was
                 nothing
                 mentioned
                 but
                 a
                 Mill
                 with
                 the
                 Apurtenances
                 ,
                 or
                 a
                 Tenement
                 with
                 the
                 Apurtenances
                 .
                 But
                 they
                 have
                 not
                 one
                 fixed
                 Boundary
                 of
                 their
                 Lands
                 ;
                 and
                 really
                 it
                 cannot
                 be
                 presumed
                 the
                 Dean
                 and
                 Chapter
                 should
                 be
                 so
                 ignorant
                 .
                 Besides
                 ,
                 in
                 the
                 ancient
                 Lease
                 that
                 they
                 produce
                 of
                 Ed.
                 VI.
                 Time
                 there
                 was
                 a
                 Covenant
                 to
                 pay
                 the
                 Quit-Rent
                 ;
                 as
                 for
                 Lands
                 holden
                 of
                 the
                 Mannor
                 of
                 Stepney
                 ,
                 and
                 we
                 did
                 expect
                 that
                 they
                 would
                 have
                 brought
                 some
                 of
                 the
                 Rolls
                 and
                 Records
                 of
                 that
                 Mannor
                 ,
                 and
                 out
                 of
                 some
                 Survey
                 there
                 remaining
                 ,
                 would
                 have
                 given
                 a
                 particular
                 Testimony
                 of
                 what
                 Lands
                 belong
                 to
                 the
                 Dean
                 ,
                 and
                 what
                 doth
                 not
                 .
                 But
                 in
                 Truth
                 ,
                 we
                 say
                 this
                 is
                 properly
                 Marsh-Land
                 ,
                 for
                 that
                 will
                 be
                 your
                 Question
                 ,
                 Gentlemen
                 ,
                 that
                 you
                 are
                 to
                 try
                 ,
                 I
                 believe
                 ,
                 at
                 last
                 :
                 Whether
                 these
                 seaven
                 Acres
                 thus
                 bounded
                 on
                 
                   Foxes-Lane
                   West
                
                 ,
                 on
                 the
                 
                   Thames
                   South
                
                 ,
                 on
                 the
                 Hilly-way
                 called
                 ,
                 Cock-hill
                 ,
                 or
                 
                   Mill-ditch
                   East
                
                 ,
                 and
                 on
                 the
                 Dean
                 and
                 Chapter
                 's
                 
                   Lynches
                   North
                
                 ,
                 be
                 Marsh-ground
                 .
                 The
                 Dean
                 and
                 Chapter
                 have
                 given
                 Evidence
                 of
                 some
                 Leases
                 which
                 upon
                 the
                 Surrenders
                 were
                 delivered
                 up
                 to
                 them
                 ,
                 but
                 there
                 are
                 none
                 produced
                 ;
                 they
                 only
                 read
                 the
                 Entries
                 in
                 their
                 Books
                 .
                 Now
                 we
                 shall
                 demonstrate
                 that
                 this
                 Mill
                 of
                 theirs
                 was
                 an
                 Overshot-mill
                 ,
                 for
                 there
                 is
                 mention
                 made
                 of
                 a
                 Leaden
                 Trough
                 ,
                 which
                 is
                 the
                 only
                 proper
                 Instrument
                 of
                 an
                 Overshot-mill
                 :
                 Therefore
                 we
                 will
                 first
                 settle
                 (
                 because
                 they
                 themselves
                 will
                 not
                 )
                 what
                 is
                 theirs
                 ,
                 and
                 then
                 we
                 doubt
                 not
                 to
                 give
                 you
                 Satisfaction
                 that
                 this
                 was
                 never
                 any
                 of
                 theirss
                 but
                 the
                 undoubted
                 Inheritance
                 of
                 the
                 
                 Stepkins's
                 ,
                 and
                 not
                 a
                 Foot
                 of
                 it
                 belongs
                 to
                 any
                 other
                 Man
                 living
                 .
                 But
                 further
                 ,
                 since
                 they
                 will
                 not
                 we
                 shall
                 produce
                 a
                 piece
                 of
                 Evidence
                 ,
                 which
                 indeed
                 we
                 must
                 thank
                 Mr.
                 Neale
                 for
                 ;
                 for
                 he
                 blabbing
                 it
                 about
                 that
                 he
                 had
                 a
                 Survey
                 of
                 the
                 Mannor
                 of
                 Stepney
                 which
                 would
                 do
                 our
                 work
                 ,
                 put
                 us
                 upon
                 searching
                 there
                 for
                 it
                 ,
                 and
                 we
                 have
                 it
                 here
                 ,
                 and
                 there
                 you
                 will
                 find
                 a
                 particular
                 of
                 all
                 the
                 Dean's
                 Lands
                 ,
                 under
                 33
                 s.
                 and
                 4
                 d.
                 Quit-Rent
                 :
                 And
                 the
                 Particulars
                 are
                 thus
                 described
                 in
                 that
                 Book
                 (
                 which
                 shews
                 that
                 there
                 was
                 a
                 Tenement
                 that
                 stood
                 by
                 the
                 Mill
                 ,
                 and
                 that
                 paid
                 a
                 Quit-Rent
                 ,
                 and
                 the
                 other
                 Lands
                 came
                 under
                 that
                 Quit-Rent
                 )
                 Twenty
                 Acres
                 called
                 Shadwell-field
                 that
                 lyeth
                 on
                 the
                 North
                 Side
                 of
                 Ratcliff
                 High-way
                 ,
                 known
                 at
                 this
                 Day
                 ,
                 and
                 all
                 this
                 piece
                 of
                 Ground
                 of
                 Twenty
                 Acres
                 is
                 built
                 upon
                 and
                 improved
                 ,
                 which
                 was
                 one
                 part
                 of
                 the
                 Land
                 that
                 came
                 under
                 a
                 Quit-Rent
                 ,
                 but
                 not
                 pretended
                 to
                 be
                 any
                 part
                 of
                 this
                 .
                 The
                 next
                 is
                 Five
                 Acres
                 ,
                 called
                 
                   The
                   Linches
                
                 ,
                 and
                 it
                 appears
                 by
                 the
                 Record
                 to
                 be
                 but
                 five
                 Acres
                 ,
                 and
                 so
                 it
                 is
                 measured
                 now
                 .
                 Ratcliff
                 High-way
                 went
                 on
                 the
                 Top
                 of
                 the
                 Hill
                 ,
                 and
                 this
                 is
                 called
                 the
                 Lynch-way
                 ,
                 not
                 improved
                 nor
                 built
                 upon
                 ,
                 and
                 is
                 exactly
                 abutted
                 according
                 to
                 our
                 Records
                 ,
                 and
                 decyphered
                 by
                 Acres
                 to
                 an
                 Acre
                 .
                 Then
                 comes
                 the
                 third
                 Parcel
                 ,
                 and
                 that
                 only
                 concerns
                 you
                 to
                 enquire
                 of
                 ,
                 whether
                 these
                 seven
                 Acres
                 and
                 an
                 half
                 be
                 parcel
                 of
                 that
                 :
                 And
                 that
                 is
                 described
                 in
                 the
                 Record
                 to
                 be
                 a
                 Tenement
                 called
                 Derrick-hills
                 ,
                 which
                 is
                 a
                 Bake-house
                 with
                 a
                 Mill
                 ,
                 and
                 the
                 Lead
                 and
                 Trough
                 ,
                 the
                 Appurtenances
                 of
                 the
                 Mill
                 at
                 
                 the
                 Rent
                 of
                 33
                 s.
                 and
                 4
                 d.
                 These
                 are
                 all
                 the
                 Parcels
                 named
                 of
                 the
                 Dean
                 and
                 Chapter
                 's
                 Lands
                 .
                 And
                 at
                 the
                 last
                 Tryal
                 when
                 they
                 produced
                 the
                 Deed
                 of
                 Purchase
                 whereby
                 this
                 was
                 conveyed
                 to
                 the
                 Dean
                 ,
                 which
                 I
                 think
                 was
                 in
                 H.
                 III.
                 Time
                 ,
                 it
                 yielded
                 but
                 3
                 l.
                 a
                 Year
                 in
                 the
                 whole
                 ,
                 and
                 now
                 in
                 time
                 it
                 is
                 come
                 to
                 2000
                 l.
                 a
                 Year
                 ,
                 without
                 this
                 great
                 Gobbet
                 ,
                 which
                 they
                 intend
                 now
                 if
                 they
                 can
                 to
                 swallow
                 up
                 :
                 And
                 now
                 as
                 to
                 this
                 Parcel
                 all
                 they
                 can
                 claim
                 is
                 but
                 a
                 Mill
                 ,
                 and
                 in
                 the
                 later
                 Leases
                 it
                 is
                 a
                 House
                 where
                 the
                 Mill
                 stood
                 ,
                 and
                 that
                 we
                 shall
                 shew
                 by
                 Records
                 where
                 it
                 stood
                 ;
                 and
                 it
                 is
                 said
                 to
                 be
                 called
                 Derrick-hills
                 ,
                 and
                 scituate
                 on
                 the
                 East
                 end
                 of
                 the
                 Marsh
                 now
                 in
                 Question
                 .
                 And
                 to
                 go
                 a
                 Step
                 farther
                 ,
                 we
                 shall
                 shew
                 that
                 this
                 was
                 altered
                 in
                 Queen
                 
                 Mary's
                 Time
                 ;
                 for
                 in
                 5
                 Ed.
                 VI.
                 the
                 Book
                 wherein
                 their
                 Lease
                 is
                 ,
                 makes
                 mention
                 of
                 the
                 Mill
                 as
                 standing
                 ;
                 then
                 in
                 10.
                 
                 Dec.
                 2
                 &
                 3
                 
                   Ph.
                   &
                   M.
                
                 there
                 is
                 a
                 kind
                 of
                 Mistery
                 which
                 we
                 shall
                 by
                 our
                 Evidence
                 unriddle
                 :
                 For
                 then
                 though
                 the
                 Tenant
                 had
                 above
                 Forty
                 Years
                 in
                 being
                 and
                 to
                 come
                 ,
                 he
                 must
                 renew
                 his
                 Lease
                 from
                 Dean
                 Fecknam
                 at
                 that
                 time
                 .
                 Now
                 we
                 shall
                 shew
                 that
                 the
                 20th
                 of
                 the
                 same
                 December
                 ,
                 this
                 Place
                 where
                 the
                 Mill
                 then
                 lately
                 stood
                 was
                 let
                 to
                 
                   Iohn
                   Carter
                   ,
                   Oarmaker
                
                 .
                 There
                 is
                 in
                 that
                 place
                 at
                 this
                 Day
                 Lands
                 and
                 Houses
                 ,
                 that
                 yield
                 the
                 Dean
                 and
                 Chapter
                 an
                 Hundred
                 Pounds
                 a
                 Year
                 ,
                 distinct
                 from
                 the
                 Linches
                 and
                 the
                 North
                 Ground
                 of
                 Ratcliff
                 High-way
                 ,
                 and
                 that
                 is
                 a
                 very
                 good
                 Improvement
                 for
                 a
                 Mill
                 and
                 a
                 Bake-house
                 ,
                 and
                 a
                 Leaden
                 Trough
                 ,
                 and
                 a
                 Ditch
                 for
                 the
                 Water
                 .
                 Now
                 by
                 their
                 Lease
                 in
                 1630.
                 they
                 recite
                 that
                 the
                 Mill
                 was
                 not
                 worth
                 the
                 keeping
                 up
                 ,
                 and
                 according
                 to
                 the
                 Power
                 given
                 them
                 by
                 the
                 Lease
                 ,
                 2
                 &
                 3
                 
                   Phil.
                   &
                   Mar.
                
                 to
                 pull
                 down
                 the
                 Mill
                 ;
                 it
                 was
                 pull'd
                 down
                 ,
                 and
                 built
                 upon
                 ,
                 and
                 it
                 came
                 to
                 yield
                 them
                 100
                 l.
                 a
                 Year
                 as
                 it
                 doth
                 at
                 this
                 Day
                 .
                 After
                 this
                 we
                 shall
                 call
                 Witnesses
                 to
                 set
                 forth
                 that
                 in
                 this
                 Place
                 in
                 the
                 East
                 End
                 of
                 Cocock-hill
                 in
                 the
                 Memory
                 of
                 Man
                 there
                 was
                 found
                 the
                 Floor
                 of
                 the
                 old
                 Mill
                 ,
                 and
                 there
                 are
                 those
                 living
                 that
                 can
                 attest
                 it
                 .
                 So
                 we
                 shall
                 shew
                 they
                 are
                 fishing
                 in
                 a
                 wrong
                 Pool
                 ,
                 they
                 have
                 sufficient
                 to
                 answer
                 their
                 Deed
                 of
                 purchase
                 ;
                 and
                 all
                 the
                 Evidence
                 that
                 hath
                 been
                 given
                 you
                 will
                 appear
                 to
                 be
                 only
                 to
                 entertain
                 the
                 Court
                 with
                 an
                 amusing
                 nothing
                 ,
                 and
                 to
                 take
                 up
                 the
                 time
                 .
                 But
                 we
                 shall
                 go
                 yet
                 a
                 Step
                 further
                 ,
                 and
                 shew
                 beyond
                 all
                 peradventure
                 ,
                 that
                 this
                 Land
                 in
                 question
                 was
                 Marsh
                 Ground
                 :
                 And
                 the
                 other
                 side
                 must
                 admit
                 ,
                 that
                 if
                 it
                 be
                 Marsh
                 Ground
                 the
                 Dean
                 and
                 Chapter
                 have
                 nothing
                 to
                 do
                 with
                 it
                 ,
                 never
                 pretended
                 to
                 a
                 Foot
                 of
                 it
                 ,
                 nor
                 doth
                 any
                 Tittle
                 of
                 their
                 Evidence
                 mention
                 Marsh
                 Ground
                 .
                 And
                 truly
                 we
                 will
                 admit
                 it
                 to
                 them
                 if
                 it
                 be
                 not
                 Marsh
                 Ground
                 we
                 have
                 nothing
                 to
                 do
                 with
                 it
                 .
                 So
                 that
                 Gentlemen
                 ,
                 your
                 great
                 Question
                 is
                 ,
                 whether
                 this
                 be
                 Marsh
                 Ground
                 or
                 not
                 ?
                 And
                 thereupon
                 the
                 main
                 of
                 the
                 Question
                 will
                 be
                 about
                 the
                 East
                 Boundary
                 alone
                 ,
                 and
                 no
                 other
                 :
                 For
                 that
                 Wapping-marsh
                 bounded
                 South
                 on
                 the
                 
                   Thames
                   ,
                   North
                
                 on
                 the
                 Lynches
                 ,
                 and
                 West
                 on
                 St.
                 Katherines
                 is
                 no
                 Question
                 ,
                 nor
                 never
                 was
                 in
                 all
                 the
                 Tryals
                 that
                 have
                 been
                 .
                 Therefore
                 the
                 only
                 point
                 that
                 the
                 Evidence
                 is
                 to
                 be
                 applied
                 unto
                 is
                 about
                 the
                 Eastern
                 Boundary
                 .
                 That
                 we
                 lay
                 to
                 be
                 Cock-hill
                 ,
                 anciently
                 called
                 
                   The
                   Hilly-way
                
                 ,
                 or
                 Mill-bank
                 ,
                 now
                 Cock-hill
                 ,
                 and
                 in
                 the
                 Records
                 of
                 Stepney
                 Mannor
                 ,
                 it
                 is
                 called
                 Cornhill
                 :
                 And
                 it
                 is
                 a
                 rising
                 hilly
                 Ground
                 ,
                 it
                 appears
                 to
                 be
                 so
                 to
                 this
                 Day
                 ,
                 I
                 appeal
                 to
                 the
                 Jury
                 who
                 have
                 seen
                 it
                 .
                 Now
                 that
                 this
                 was
                 Marsh
                 Ground
                 ,
                 and
                 the
                 Inheritance
                 of
                 the
                 
                 Stepkins's
                 ,
                 we
                 shall
                 prove
                 by
                 these
                 steps
                 .
                 First
                 we
                 shall
                 produce
                 an
                 Act
                 of
                 Parliament
                 made
                 in
                 27
                 Hen.
                 VIII
                 .
                 wherein
                 the
                 Bounds
                 appear
                 to
                 be
                 plainly
                 the
                 same
                 as
                 now
                 we
                 say
                 they
                 are
                 at
                 this
                 day
                 ,
                 only
                 now
                 it
                 is
                 all
                 built
                 ,
                 that
                 is
                 all
                 the
                 Difference
                 ;
                 and
                 the
                 Marsh
                 doth
                 thereby
                 contain
                 130
                 Acres
                 .
                 Now
                 by
                 that
                 Act
                 ,
                 the
                 whole
                 Marsh
                 is
                 vested
                 as
                 to
                 one
                 Moiety
                 in
                 
                   Richard
                   Hill
                
                 ,
                 as
                 Assigne
                 ,
                 of
                 Vanderdelf
                 the
                 Dutchman
                 ,
                 who
                 had
                 dreined
                 it
                 ,
                 and
                 for
                 his
                 Pains
                 was
                 to
                 have
                 one
                 half
                 and
                 he
                 agreed
                 with
                 Participators
                 among
                 whom
                 Stepkins
                 was
                 one
                 ,
                 and
                 had
                 53
                 Acres
                 ,
                 and
                 particularly
                 this
                 Land.
                 So
                 that
                 the
                 Dean
                 of
                 Pauls
                 must
                 derive
                 a
                 Title
                 from
                 this
                 Act
                 ,
                 if
                 he
                 will
                 have
                 the
                 Land.
                 But
                 we
                 shall
                 shew
                 how
                 they
                 colour
                 their
                 Possession
                 .
                 Afterwards
                 
                   Richard
                   Hill
                
                 ,
                 II.
                 Nov.
                 37
                 H.
                 VIII
                 .
                 he
                 doth
                 make
                 a
                 Lease
                 to
                 the
                 Dean
                 and
                 Chapters
                 Miller
                 ,
                 and
                 that
                 for
                 Thirty
                 Four
                 Years
                 ,
                 wherein
                 you
                 will
                 exactly
                 see
                 the
                 Boundaries
                 of
                 the
                 Act
                 are
                 pursued
                 .
                 After
                 he
                 had
                 leased
                 it
                 thus
                 to
                 the
                 Dean's
                 Miller
                 ,
                 he
                 passeth
                 away
                 the
                 Inheritance
                 to
                 
                   Thomas
                   Stepkins
                
                 ,
                 in
                 time
                 ,
                 16.
                 
                 Apr.
                 6
                 Ed.
                 VI.
                 
                   Mercellus
                   Hall
                
                 the
                 Miller
                 ,
                 after
                 Stepkins
                 had
                 obtained
                 the
                 Inheritance
                 upon
                 Agreement
                 between
                 them
                 gets
                 a
                 Lease
                 from
                 Stepkins
                 of
                 128
                 Years
                 of
                 the
                 Lands
                 in
                 Question
                 ,
                 as
                 you
                 may
                 see
                 by
                 the
                 Bounds
                 they
                 are
                 exactly
                 the
                 same
                 ,
                 and
                 this
                 was
                 in
                 time
                 20.
                 
                 Apr.
                 6
                 Ed.
                 VI.
                 So
                 the
                 Miller
                 had
                 now
                 Ground
                 on
                 both
                 sides
                 the
                 way
                 that
                 is
                 called
                 Cock-hill
                 .
                 On
                 the
                 East
                 side
                 by
                 Lease
                 from
                 Hill
                 ,
                 on
                 the
                 West
                 side
                 by
                 Lease
                 from
                 Stepkins
                 .
                 Then
                 in
                 point
                 of
                 time
                 we
                 shall
                 come
                 to
                 shew
                 the
                 Lease
                 made
                 to
                 Roper
                 .
                 For
                 
                   Marcellus
                   Hall
                
                 after
                 he
                 had
                 taken
                 this
                 long
                 Lease
                 from
                 Stepkins
                 30
                 Nov.
                 2
                 &
                 3
                 
                   Phil.
                   &
                   Mar.
                
                 doth
                 demise
                 the
                 Land
                 in
                 Question
                 to
                 
                   Richard
                   Roper
                
                 for
                 Twenty
                 Four
                 Years
                 :
                 And
                 we
                 shall
                 shew
                 that
                 in
                 all
                 the
                 Queen's
                 Time
                 Roper
                 was
                 Tenant
                 .
                 Then
                 
                   Iasper
                   Hill
                
                 ,
                 who
                 was
                 the
                 Heir
                 of
                 
                   Richard
                   Hill
                
                 ,
                 in
                 12
                 Nov.
                 5
                 &
                 6
                 
                   Ph.
                   &
                   M.
                
                 by
                 Deed
                 and
                 afterwards
                 3
                 Eliz.
                 by
                 Fine
                 and
                 common
                 Recovery
                 ,
                 conveys
                 all
                 these
                 Lands
                 particularly
                 by
                 Name
                 ,
                 and
                 releaseth
                 them
                 to
                 Iohn
                 and
                 
                   Macheline
                   Stepkin
                
                 ,
                 and
                 the
                 Heirs
                 of
                 Iohn
                 ,
                 and
                 so
                 lodged
                 the
                 Inheritance
                 in
                 the
                 Stepkinses
                 ,
                 all
                 but
                 that
                 which
                 was
                 thus
                 out
                 in
                 a
                 long
                 Lease
                 to
                 
                   Marcellus
                   Hall.
                
                 We
                 shall
                 prove
                 
                 that
                 before
                 
                   Richard
                   Hill
                
                 died
                 ,
                 he
                 entred
                 into
                 a
                 Statute
                 to
                 Vivold
                 and
                 Salvago
                 for
                 a
                 great
                 Sum
                 of
                 Money
                 ;
                 and
                 this
                 Statute
                 comes
                 to
                 be
                 extended
                 3
                 Eliz.
                 and
                 there
                 this
                 Land
                 notwithstanding
                 these
                 Leases
                 ,
                 are
                 siezed
                 and
                 extended
                 as
                 
                 Hill's
                 Lands
                 .
                 We
                 shall
                 shew
                 all
                 this
                 Land
                 upon
                 a
                 Commission
                 of
                 Sewers
                 had
                 a
                 Survey
                 taken
                 of
                 it
                 .
                 When
                 we
                 have
                 shewn
                 all
                 these
                 Records
                 ,
                 and
                 proved
                 that
                 this
                 is
                 Marsh
                 Ground
                 ,
                 and
                 not
                 a
                 Witness
                 of
                 theirs
                 ,
                 but
                 must
                 acknowledge
                 it
                 to
                 be
                 Marsh
                 Ground
                 ;
                 (
                 for
                 that
                 place
                 of
                 Foxes-Lane
                 ,
                 was
                 raised
                 at
                 least
                 Nine
                 Foot
                 ,
                 and
                 so
                 proportionably
                 was
                 the
                 rest
                 of
                 the
                 Ground
                 :
                 And
                 it
                 appears
                 at
                 this
                 day
                 that
                 upon
                 a
                 high
                 Tide
                 ,
                 all
                 their
                 Sellars
                 are
                 overflown
                 )
                 I
                 think
                 then
                 you
                 will
                 make
                 no
                 doubt
                 ,
                 whether
                 this
                 be
                 our
                 Land
                 or
                 no
                 ;
                 and
                 to
                 proceed
                 in
                 this
                 Order
                 that
                 I
                 have
                 opened
                 ,
                 we
                 will
                 first
                 shew
                 you
                 the
                 Survey
                 .
                 There
                 was
                 one
                 thing
                 I
                 forgot
                 about
                 the
                 Eleven
                 Acres
                 .
                 —
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 What
                 is
                 it
                 you
                 read
                 first
                 Sir
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 do
                 you
                 begin
                 with
                 Mr.
                 Attorney
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Your
                 Lordship
                 observes
                 they
                 shew
                 a
                 Lease
                 from
                 Dean
                 Fecknam
                 ,
                 the
                 10
                 Dec.
                 2
                 &
                 3.
                 of
                 
                   Ph.
                   &
                   M.
                
                 Now
                 on
                 the
                 22.
                 
                 Dec.
                 in
                 the
                 same
                 Year
                 ,
                 we
                 shall
                 shew
                 
                   Marcellus
                   Hall
                
                 by
                 Lease
                 to
                 Carter
                 ,
                 butts
                 it
                 upon
                 the
                 East
                 side
                 of
                 the
                 Mill.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 took
                 Notes
                 the
                 last
                 time
                 of
                 your
                 Evidence
                 ,
                 and
                 it
                 began
                 in
                 H.
                 8
                 .
                 time
                 .
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 My
                 Lord
                 ,
                 when
                 we
                 come
                 to
                 our
                 Title
                 ,
                 we
                 shall
                 go
                 on
                 in
                 the
                 same
                 Method
                 we
                 did
                 then
                 ;
                 but
                 now
                 we
                 are
                 only
                 shewing
                 where
                 the
                 Lands
                 are
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Go
                 your
                 own
                 way
                 .
              
            
             
               
                 Clerk
                 
              
               
                 [
                 Reads
                 .
                 ]
              
               
                 This
                 Indenture
                 made
                 the
                 22th
                 day
                 of
                 December
                 ,
                 in
                 the
                 Second
                 and
                 Third
                 Years
                 of
                 the
                 Reigns
                 of
                 our
                 Soveraign
                 Lord
                 and
                 Lady
                 Philip
                 and
                 Mary
                 ,
                 by
                 the
                 Grace
                 of
                 God
                 ,
                 King
                 and
                 Queen
                 of
                 
                   England
                   ,
                   Spain
                   ,
                   France
                
                 ,
                 both
                 the
                 
                   Cicilies
                   ,
                   Ierusalem
                
                 ,
                 and
                 Ireland
                 ,
                 Defenders
                 of
                 the
                 Faith
                 ;
                 Arch-Dukes
                 of
                 Austria
                 ;
                 Dukes
                 of
                 
                   Burgundy
                   Millain
                
                 and
                 Brabant
                 ;
                 Counts
                 of
                 
                   Haspurg
                   ,
                   Flanders
                
                 and
                 Tyroll
                 ;
                 between
                 
                   Marcellus
                   Hall
                
                 of
                 Ratcliff
                 ,
                 Miller
                 of
                 the
                 one
                 Part
                 ,
                 and
                 
                   Iohn
                   Carter
                
                 of
                 Ratcliff
                 ,
                 Oar-maker
                 of
                 Stebunheath
                 ,
                 of
                 the
                 other
                 Part
                 ;
                 Witnesseth
                 ,
                 That
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 hath
                 Demised
                 ,
                 Granted
                 ,
                 and
                 to
                 Farm
                 Lett
                 unto
                 the
                 said
                 
                   Iohn
                   Carter
                
                 ,
                 that
                 his
                 Wharf
                 lying
                 in
                 Ratcliff
                 ,
                 where
                 late
                 the
                 Mill
                 stood
                 ,
                 called
                 
                   Ratcliff
                   Mill
                
                 ,
                 adjoyning
                 on
                 the
                 West
                 upon
                 the
                 East
                 side
                 of
                 the
                 Mill
                 Ditch
                 ,
                 alias
                 Mill
                 Dam
                 ,
                 reaching
                 from
                 thence
                 Eastward
                 30
                 Foot
                 ;
                 and
                 from
                 the
                 North-east
                 Corner
                 of
                 the
                 said
                 Mill-Dam
                 ,
                 Southward
                 to
                 the
                 River
                 of
                 Thames
                 20
                 Foot
                 ;
                 to
                 have
                 and
                 to
                 hold
                 all
                 and
                 whole
                 the
                 said
                 Wharf
                 ,
                 as
                 is
                 before
                 specified
                 ,
                 with
                 all
                 Commodities
                 and
                 Profits
                 belonging
                 to
                 the
                 same
                 ,
                 to
                 the
                 said
                 
                   Iohn
                   Carter
                
                 ,
                 to
                 his
                 Heirs
                 ,
                 Executors
                 ,
                 and
                 Assigns
                 ,
                 from
                 the
                 Feast
                 of
                 St.
                 Mary
                 the
                 Virgin
                 ,
                 immediately
                 following
                 the
                 Date
                 of
                 these
                 Presents
                 ,
                 until
                 the
                 End
                 and
                 Term
                 of
                 30
                 Years
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 This
                 Lease
                 was
                 Read
                 the
                 last
                 time
                 .
              
            
             
               
                 Mr.
                 Serj.
                 Stringer
                 .
              
               
                 Yes
                 ,
                 it
                 was
                 so
                 my
                 Lord.
                 
              
            
             
               
                 Clerk
                 
              
               
                 Reads
                 .
              
               
                 —
                 to
                 be
                 fully
                 compleat
                 and
                 ended
                 ,
                 yielding
                 and
                 paying
                 therefore
                 for
                 the
                 same
                 ,
                 unto
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 his
                 Heirs
                 ,
                 Executors
                 ,
                 and
                 Assigns
                 ,
                 Ten
                 Shillings
                 of
                 lawful
                 Money
                 of
                 England
                 ,
                 yearly
                 ;
                 that
                 is
                 to
                 say
                 ,
                 at
                 the
                 Feast
                 of
                 the
                 Annunciation
                 of
                 St.
                 Mary
                 the
                 Virgin
                 :
                 And
                 if
                 it
                 happen
                 the
                 said
                 Rent
                 to
                 be
                 behind
                 and
                 unpaid
                 at
                 the
                 said
                 Feast
                 ,
                 in
                 part
                 or
                 in
                 all
                 by
                 the
                 space
                 of
                 one
                 Fortnight
                 ,
                 and
                 lawfully
                 asked
                 of
                 the
                 said
                 
                   Iohn
                   Carter
                
                 ,
                 his
                 Executors
                 and
                 Assigns
                 ,
                 then
                 it
                 shall
                 be
                 lawful
                 to
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 his
                 Heirs
                 ,
                 Executors
                 ,
                 and
                 Assigns
                 ,
                 to
                 Distrain
                 for
                 his
                 said
                 Rent
                 so
                 being
                 behind
                 ,
                 and
                 the
                 Distress
                 so
                 taken
                 ,
                 to
                 keep
                 until
                 such
                 time
                 as
                 the
                 said
                 Rent
                 with
                 the
                 Arrearages
                 be
                 fully
                 satisfied
                 and
                 paid
                 .
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 For
                 how
                 many
                 Years
                 is
                 that
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Thirty
                 Years
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 is
                 demised
                 by
                 this
                 Lease
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Read
                 the
                 particulars
                 agen
                 .
              
            
             
               
                 Sir
                 
                   I.
                   Trevor
                
                 .
              
               
                 My
                 Lord
                 ,
                 we
                 would
                 gladly
                 know
                 where
                 they
                 had
                 this
                 Lease
                 ,
                 that
                 so
                 it
                 may
                 appear
                 whence
                 it
                 came
                 ,
                 for
                 we
                 know
                 they
                 have
                 an
                 excellent
                 Art
                 at
                 finding
                 out
                 of
                 Deeds
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 come
                 ,
                 shew
                 where
                 you
                 had
                 it
                 .
                 Let
                 me
                 see
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 did
                 produce
                 it
                 at
                 the
                 last
                 Tryal
                 ,
                 and
                 at
                 the
                 first
                 too
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 that
                 this
                 Jury
                 knows
                 nothing
                 of
                 ,
                 and
                 they
                 call
                 for
                 some
                 account
                 of
                 it
                 on
                 the
                 other
                 side
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Mr.
                 Knowles
                 ,
                 do
                 you
                 know
                 any
                 thing
                 of
                 that
                 Deed
                 ?
                 When
                 did
                 you
                 first
                 see
                 it
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 And
                 where
                 had
                 you
                 it
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 had
                 it
                 in
                 a
                 Garrot
                 ,
                 in
                 a
                 kind
                 of
                 a
                 Nook
                 ,
                 about
                 six
                 Foot
                 long
                 ,
                 and
                 three
                 Foot
                 and
                 an
                 half
                 wide
                 ,
                 in
                 my
                 own
                 House
                 ,
                 in
                 the
                 Garrot
                 among
                 other
                 Writings
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 came
                 you
                 to
                 have
                 them
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 As
                 I
                 was
                 Executor
                 to
                 Winterburn
                 .
              
            
             
               
                 Mr.
                 Powis
                 .
              
               
                 Pray
                 Mr.
                 Knowles
                 ,
                 will
                 you
                 tell
                 upon
                 what
                 occasion
                 you
                 looked
                 there
                 and
                 found
                 them
                 ?
              
            
             
               
                 Mr.
                 Serj.
                 Pemb.
                 
              
               
                 Ay
                 ,
                 pray
                 give
                 an
                 Account
                 of
                 the
                 whole
                 .
              
            
             
               
               
                 Knowles
                 .
              
               
                 My
                 Lord
                 ,
                 upon
                 the
                 Second
                 of
                 August
                 ,
                 1682.
                 was
                 the
                 first
                 time
                 I
                 ever
                 saw
                 my
                 Lady
                 Ivy
                 to
                 my
                 Knowledge
                 ;
                 and
                 she
                 was
                 informed
                 by
                 one
                 Mr.
                 Viccarer
                 ,
                 that
                 I
                 had
                 several
                 Writings
                 of
                 
                 Winterburn's
                 ;
                 I
                 told
                 her
                 I
                 had
                 so
                 ,
                 and
                 my
                 Lady
                 desired
                 me
                 to
                 search
                 among
                 them
                 ,
                 if
                 there
                 were
                 any
                 Writings
                 that
                 concerned
                 
                 Stepkins's
                 Estate
                 ;
                 I
                 told
                 her
                 it
                 would
                 take
                 up
                 a
                 Months
                 time
                 to
                 look
                 them
                 all
                 over
                 ,
                 for
                 there
                 was
                 a
                 great
                 Quantity
                 of
                 them
                 .
                 She
                 said
                 ,
                 I
                 would
                 do
                 her
                 a
                 great
                 kindness
                 if
                 I
                 would
                 look
                 ;
                 I
                 promised
                 her
                 I
                 would
                 ;
                 and
                 upon
                 the
                 Fourth
                 of
                 September
                 I
                 think
                 I
                 found
                 the
                 Deed.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 was
                 Winterburn
                 concerned
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 They
                 have
                 shewn
                 that
                 he
                 was
                 owner
                 of
                 the
                 Land
                 once
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Did
                 you
                 ever
                 read
                 over
                 that
                 Lease
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 ask
                 you
                 again
                 how
                 was
                 Winterburn
                 concerned
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 He
                 was
                 Partner
                 with
                 Wright
                 ,
                 who
                 sold
                 the
                 Estate
                 to
                 Mr.
                 Neale
                 .
              
            
             
               
                 Mr.
                 Soll.
                 Gen.
                 
              
               
                 Wright
                 sold
                 to
                 
                   Neale
                   ,
                   Winterburn
                
                 died
                 ,
                 and
                 this
                 Man
                 was
                 his
                 Executor
                 ,
                 and
                 so
                 he
                 came
                 to
                 the
                 Writings
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 But
                 pray
                 Mr.
                 Knowles
                 tell
                 us
                 ,
                 were
                 these
                 Writings
                 ever
                 shewn
                 to
                 Mr.
                 Neale
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 In
                 the
                 year
                 1669.
                 when
                 Mr.
                 Neale
                 bought
                 this
                 Estate
                 of
                 my
                 Uncle
                 Wright
                 ,
                 the
                 Writings
                 were
                 all
                 to
                 be
                 looked
                 over
                 ;
                 and
                 upon
                 Mr.
                 
                 Neale's
                 request
                 ,
                 all
                 the
                 Writings
                 were
                 sent
                 to
                 his
                 Council
                 ,
                 a
                 Gentleman
                 in
                 Grays-Inn
                 ,
                 one
                 Cage
                 ,
                 I
                 think
                 his
                 Name
                 was
                 ,
                 or
                 something
                 like
                 it
                 ;
                 and
                 there
                 they
                 were
                 left
                 Three
                 Months
                 ,
                 and
                 I
                 believe
                 in
                 my
                 Soul
                 that
                 Deed
                 was
                 among
                 them
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Were
                 they
                 brought
                 back
                 agen
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 There
                 were
                 Two
                 Hampers
                 brought
                 back
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Had
                 you
                 any
                 Discourse
                 with
                 Mr.
                 Neale
                 about
                 this
                 Business
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 was
                 Arrested
                 upon
                 his
                 Account
                 in
                 an
                 Action
                 of
                 2000
                 l.
                 and
                 he
                 presently
                 after
                 came
                 and
                 got
                 me
                 off
                 from
                 that
                 Action
                 ,
                 and
                 told
                 me
                 ,
                 Mr.
                 Knowles
                 ,
                 I
                 am
                 sorry
                 you
                 were
                 Arrested
                 upon
                 my
                 Account
                 ;
                 so
                 am
                 I
                 too
                 ,
                 Sir
                 ,
                 said
                 I
                 ;
                 said
                 he
                 ,
                 I
                 do
                 believe
                 really
                 you
                 found
                 that
                 Deed
                 ;
                 I
                 did
                 so
                 ,
                 Sir
                 ,
                 said
                 I
                 ;
                 But
                 ,
                 says
                 he
                 ,
                 pray
                 will
                 you
                 answer
                 me
                 one
                 Question
                 seriously
                 ;
                 that
                 I
                 will
                 ,
                 two
                 or
                 three
                 if
                 I
                 can
                 Sir
                 ,
                 said
                 I
                 ,
                 says
                 he
                 ,
                 did
                 not
                 my
                 Lady
                 Ivy
                 or
                 Banister
                 foist
                 the
                 Deed
                 into
                 your
                 House
                 ;
                 no
                 ,
                 said
                 I
                 ,
                 for
                 before
                 ever
                 I
                 saw
                 either
                 of
                 them
                 I
                 had
                 seen
                 that
                 Deed
                 ;
                 then
                 I
                 am
                 undone
                 ,
                 says
                 he
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Who
                 was
                 by
                 pray
                 ,
                 when
                 this
                 Discourse
                 past
                 between
                 you
                 and
                 Mr.
                 Neale
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 There
                 was
                 none
                 but
                 he
                 and
                 I.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 It
                 was
                 at
                 the
                 Tavern
                 ;
                 Mr.
                 Neale
                 ,
                 I
                 suppose
                 ,
                 will
                 not
                 deny
                 this
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Will
                 he
                 not
                 ?
                 Will
                 you
                 take
                 his
                 word
                 for
                 it
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 do
                 say
                 ,
                 I
                 found
                 that
                 Deed
                 there
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 it
                 ,
                 read
                 the
                 Demise
                 .
                 But
                 Mr.
                 Knowles
                 ,
                 let
                 me
                 ask
                 you
                 a
                 Question
                 or
                 two
                 ;
                 as
                 I
                 understood
                 ,
                 you
                 said
                 my
                 Lady
                 Ivy
                 desired
                 you
                 to
                 look
                 among
                 
                 Winterburn's
                 Writings
                 ,
                 for
                 Deeds
                 that
                 concern'd
                 
                 Stepkins's
                 Estate
                 ?
              
            
             
               
                 Knowles
                 
              
               
                 Yes
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 was
                 that
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 That
                 was
                 at
                 her
                 House
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 when
                 did
                 you
                 find
                 this
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 found
                 the
                 Deed
                 in
                 September
                 ,
                 before
                 any
                 body
                 came
                 to
                 look
                 with
                 me
                 ,
                 or
                 was
                 in
                 the
                 place
                 with
                 me
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 there
                 any
                 body
                 with
                 you
                 when
                 you
                 found
                 the
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 No.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 you
                 found
                 it
                 your self
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 read
                 it
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 did
                 the
                 Outside
                 ,
                 what
                 was
                 I
                 concerned
                 further
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Nay
                 ,
                 do
                 not
                 be
                 angry
                 ;
                 when
                 thou
                 art
                 most
                 calm
                 ,
                 thou
                 speakest
                 so
                 fast
                 ,
                 a
                 Man
                 can
                 scarce
                 understand
                 thee
                 ;
                 answer
                 my
                 question
                 fairly
                 ;
                 you
                 say
                 you
                 read
                 it
                 ,
                 what
                 part
                 was
                 it
                 you
                 did
                 read
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 The
                 Backside
                 ,
                 the
                 Outside
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 There
                 is
                 nothing
                 writ
                 upon
                 the
                 Outside
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 did
                 you
                 gather
                 by
                 reading
                 the
                 Outside
                 ,
                 that
                 it
                 concerned
                 my
                 Lady
                 Ivy
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 only
                 read
                 
                 Stepkins's
                 Name
                 :
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 
                 Stepkins's
                 Name
                 you
                 say
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 What
                 Deed
                 do
                 you
                 ask
                 me
                 upon
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 Deed
                 ,
                 the
                 only
                 Deed
                 you
                 have
                 seen
                 here
                 .
                 What
                 is
                 your
                 Christian
                 Name
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 
                   Stephen
                   Knowles
                
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 If
                 I
                 mistook
                 you
                 I
                 beg
                 your
                 Pardon
                 ;
                 our
                 Question
                 is
                 concerning
                 this
                 very
                 Deed
                 now
                 Shewn
                 to
                 you
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 thought
                 you
                 had
                 meant
                 the
                 Lease
                 of
                 128
                 Years
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 then
                 ,
                 let
                 that
                 pass
                 for
                 a
                 mistake
                 ;
                 I
                 would
                 know
                 of
                 you
                 now
                 something
                 concerning
                 this
                 Deed.
                 Look
                 upon
                 it
                 —
                 (
                 which
                 he
                 did
                 —
                 )
                 upon
                 your
                 Oath
                 when
                 saw
                 you
                 that
                 Deed
                 first
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 cannot
                 say
                 what
                 day
                 it
                 was
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 ,
                 look
                 you
                 ,
                 if
                 I
                 mistook
                 you
                 not
                 ,
                 (
                 if
                 I
                 did
                 ,
                 I
                 ask
                 your
                 Pardon
                 agen
                 )
                 Did
                 not
                 you
                 say
                 ,
                 you
                 found
                 that
                 very
                 Deed
                 among
                 a
                 great
                 many
                 other
                 Writings
                 of
                 Winterburn's
                 
                 in
                 a
                 Room
                 ,
                 so
                 many
                 Foot
                 long
                 ,
                 and
                 so
                 many
                 Foot
                 Wide
                 ,
                 in
                 your
                 Garrot
                 ?
                 Did
                 not
                 you
                 say
                 ,
                 that
                 in
                 time
                 you
                 saw
                 my
                 Lady
                 Ivy
                 first
                 upon
                 the
                 2d
                 of
                 August
                 ,
                 82.
                 that
                 you
                 found
                 that
                 Deed
                 in
                 September
                 following
                 ?
                 And
                 did
                 not
                 you
                 tell
                 us
                 ,
                 that
                 you
                 did
                 believe
                 in
                 your
                 Conscience
                 ,
                 that
                 in
                 the
                 Year
                 1669.
                 
                 Mr.
                 Neale
                 had
                 this
                 Writing
                 among
                 others
                 ,
                 sent
                 to
                 the
                 Chamber
                 of
                 such
                 a
                 Gentleman
                 in
                 Grays-Inn
                 ;
                 that
                 they
                 remained
                 there
                 Three
                 Months
                 ,
                 and
                 then
                 were
                 brought
                 back
                 again
                 to
                 you
                 ;
                 and
                 you
                 believe
                 in
                 your
                 Conscience
                 this
                 was
                 one
                 of
                 them
                 ?
                 And
                 did
                 not
                 you
                 say
                 ,
                 when
                 I
                 asked
                 you
                 ,
                 how
                 you
                 came
                 to
                 know
                 this
                 belonged
                 to
                 my
                 Lady
                 Ivy
                 ;
                 you
                 said
                 ,
                 because
                 my
                 Lady
                 Ivy
                 had
                 spoke
                 to
                 you
                 to
                 look
                 if
                 there
                 was
                 any
                 thing
                 belonging
                 to
                 Stepkins
                 ,
                 and
                 you
                 read
                 the
                 Outside
                 of
                 the
                 Deed
                 ,
                 and
                 found
                 
                 Stepkins's
                 Name
                 ,
                 and
                 so
                 you
                 knew
                 it
                 to
                 concern
                 her
                 ?
                 Did
                 not
                 you
                 say
                 all
                 this
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 believe
                 I
                 did
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Now
                 tell
                 me
                 then
                 by
                 the
                 Outside
                 of
                 that
                 Deed
                 ,
                 how
                 thou
                 can'st
                 tell
                 that
                 belonged
                 to
                 
                 Stepkin's
                 ,
                 for
                 if
                 thou
                 can'st
                 ,
                 thou
                 art
                 more
                 crafty
                 than
                 any
                 body
                 here
                 I
                 believe
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 thought
                 it
                 had
                 been
                 the
                 long
                 Lease
                 ,
                 for
                 that
                 has
                 Stepkins
                 on
                 the
                 Outside
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 ,
                 let
                 that
                 pass
                 for
                 a
                 mistake
                 ;
                 we
                 must
                 now
                 begin
                 again
                 upon
                 a
                 new
                 matter
                 :
                 when
                 first
                 saw
                 you
                 that
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 In
                 September
                 ,
                 1682.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 do
                 you
                 know
                 that
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 put
                 my
                 Hand
                 to
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 read
                 the
                 Inside
                 of
                 that
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 No
                 ,
                 I
                 did
                 not
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Look
                 you
                 then
                 ,
                 we
                 ask
                 you
                 how
                 you
                 came
                 to
                 know
                 it
                 was
                 a
                 Deed
                 belonging
                 to
                 Stepkins
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 read
                 the
                 Backside
                 ,
                 and
                 put
                 my
                 Hand
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 came
                 you
                 to
                 put
                 your
                 Hand
                 to
                 this
                 Deed
                 as
                 belonging
                 to
                 Stepkins
                 ,
                 when
                 you
                 never
                 looked
                 into
                 the
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 When
                 I
                 found
                 this
                 Deed
                 to
                 have
                 written
                 upon
                 it
                 
                   Marcellus
                   Hall
                
                 ,
                 I
                 did
                 believe
                 it
                 was
                 something
                 that
                 concerned
                 the
                 
                 Stepkins's
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Let
                 us
                 see
                 the
                 Deed
                 now
                 —
                 (
                 which
                 was
                 done
                 )
                 —
                 You
                 say
                 that
                 was
                 the
                 Reason
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ,
                 it
                 was
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 look
                 upon
                 it
                 again
                 ,
                 and
                 do
                 not
                 be
                 surprized
                 ,
                 but
                 let
                 us
                 have
                 truth
                 come
                 out
                 in
                 God's
                 Name
                 .
                 Was
                 that
                 the
                 Reason
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 It
                 was
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 would
                 fain
                 see
                 Mr.
                 Sutton
                 ,
                 I
                 have
                 a
                 question
                 to
                 ask
                 him
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Here
                 he
                 is
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Give
                 Mr.
                 Sutton
                 his
                 Oath
                 —
                 (
                 which
                 was
                 done
                 )
                 —
                 Look
                 upon
                 the
                 Outside
                 of
                 that
                 Deed
                 ,
                 and
                 upon
                 your
                 Oath
                 tell
                 us
                 whose
                 Hand
                 Writing
                 that
                 is
                 .
              
            
             
               
                 Sutton
                 .
              
               
                 All
                 but
                 the
                 word
                 (
                 Lect.
                 )
                 is
                 my
                 Hand
                 Writing
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Are
                 not
                 the
                 words
                 
                   Marcellus
                   Hall
                
                 all
                 of
                 your
                 Hand
                 Writing
                 ?
              
            
             
               
                 Sutton
                 .
              
               
                 It
                 is
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 how
                 could'st
                 thou
                 know
                 this
                 to
                 belong
                 to
                 the
                 
                 Stepkins's
                 by
                 the
                 word
                 
                   Marcellus
                   Hall
                
                 ,
                 when
                 you
                 first
                 discovered
                 this
                 Deed
                 in
                 September
                 ,
                 1682.
                 and
                 you
                 found
                 it
                 by
                 your self
                 ,
                 and
                 put
                 your
                 hand
                 to
                 it
                 ;
                 and
                 yet
                 that
                 
                   Marcellus
                   Hall
                
                 be
                 written
                 by
                 Mr.
                 Sutton
                 ,
                 which
                 must
                 be
                 after
                 that
                 time
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 He
                 says
                 he
                 knows
                 it
                 ,
                 because
                 he
                 put
                 his
                 Hand
                 to
                 it
                 ,
                 I
                 suppose
                 he
                 read
                 somewhat
                 of
                 the
                 Inside
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 said
                 the
                 Backside
                 ,
                 the
                 Outside
                 ;
                 he
                 did
                 not
                 read
                 the
                 Inside
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 I
                 desire
                 our
                 Evidence
                 may
                 not
                 be
                 anticipated
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Mr.
                 Attorney
                 ,
                 I
                 would
                 not
                 anticipate
                 your
                 Evidence
                 ,
                 but
                 I
                 must
                 tell
                 you
                 by
                 the
                 way
                 ,
                 your
                 Evidence
                 anticipate
                 themselves
                 :
                 And
                 this
                 fellow
                 Knowles
                 ,
                 without
                 any
                 more
                 adoe
                 ,
                 has
                 proved
                 himself
                 an
                 errant
                 notorious
                 Knave
                 .
                 And
                 if
                 your
                 Evidence
                 will
                 blunder
                 and
                 spoil
                 themselves
                 ,
                 I
                 cannot
                 tell
                 how
                 to
                 help
                 it
                 .
                 I
                 knew
                 ,
                 as
                 soon
                 as
                 I
                 saw
                 the
                 Deed
                 ,
                 that
                 that
                 was
                 
                 Sutton's
                 hand
                 ;
                 I
                 know
                 his
                 hand
                 ,
                 as
                 well
                 as
                 that
                 you
                 are
                 Mr.
                 Attorney
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 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
                 was
                 of
                 Stephens
                 ,
                 and
                 several
                 others
                 ,
                 but
                 not
                 of
                 any
                 Hall.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 does
                 so
                 ,
                 Mr.
                 Attorney
                 .
                 But
                 now
                 I
                 would
                 ask
                 him
                 this
                 Question
                 ;
                 If
                 there
                 were
                 no
                 mention
                 of
                 any
                 Hall
                 ,
                 how
                 came
                 you
                 to
                 find
                 out
                 that
                 this
                 Lease
                 from
                 
                   Marcellus
                   Hall
                
                 to
                 Carter
                 ,
                 should
                 affect
                 Stepkins
                 or
                 my
                 Lady
                 Ivy.
                 
              
            
             
               
                 Knowles
                 .
              
               
                 My
                 Lord
                 ,
                 I
                 will
                 give
                 you
                 an
                 account
                 of
                 that
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 do
                 if
                 you
                 can
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 This
                 was
                 at
                 the
                 first
                 time
                 that
                 I
                 saw
                 my
                 Lady
                 Ivy
                 ,
                 that
                 this
                 Discourse
                 was
                 between
                 us
                 ;
                 upon
                 another
                 Discourse
                 at
                 another
                 time
                 ,
                 Hall
                 was
                 mentioned
                 to
                 me
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 many
                 Names
                 did
                 she
                 tell
                 you
                 of
                 at
                 first
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 cannot
                 remember
                 them
                 all
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 remembers
                 as
                 punctually
                 as
                 can
                 be
                 the
                 Second
                 of
                 August
                 to
                 be
                 the
                 first
                 time
                 that
                 ever
                 he
                 saw
                 my
                 Lady
                 Ivy
                 ,
                 and
                 then
                 she
                 spoke
                 to
                 him
                 of
                 looking
                 for
                 Writings
                 that
                 concerned
                 Stepkins
                 ,
                 and
                 Lun
                 ,
                 and
                 Barker
                 ;
                 and
                 he
                 remembers
                 such
                 a
                 day
                 ,
                 the
                 Fourth
                 of
                 Sept.
                 1682.
                 he
                 found
                 the
                 Deeds
                 ,
                 but
                 he
                 will
                 not
                 give
                 any
                 account
                 how
                 he
                 came
                 to
                 know
                 by
                 
                 Hall's
                 Name
                 that
                 this
                 belonged
                 to
                 Stepkins
                 .
                 I
                 would
                 fain
                 know
                 when
                 you
                 first
                 heard
                 of
                 the
                 Name
                 of
                 the
                 Halls
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 It
                 was
                 all
                 within
                 a
                 Months
                 time
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 was
                 it
                 first
                 spoke
                 to
                 you
                 to
                 enquire
                 about
                 the
                 Halls
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 My
                 Lady
                 Ivy
                 spoke
                 to
                 me
                 about
                 Hall
                 when
                 I
                 gave
                 her
                 an
                 account
                 of
                 some
                 Deeds
                 I
                 had
                 found
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 often
                 did
                 you
                 look
                 over
                 the
                 Writings
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Several
                 times
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 The
                 first
                 time
                 did
                 you
                 give
                 my
                 Lady
                 Ivy
                 an
                 Account
                 that
                 you
                 had
                 found
                 any
                 thing
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ,
                 I
                 gave
                 her
                 an
                 Account
                 of
                 the
                 Lease
                 of
                 128
                 Years
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 find
                 nothing
                 else
                 but
                 that
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 did
                 you
                 find
                 else
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Several
                 :
                 I
                 cannot
                 give
                 an
                 account
                 of
                 all
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 find
                 that
                 Lease
                 or
                 this
                 Deed
                 first
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 The
                 Lease
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 did
                 you
                 first
                 find
                 this
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 The
                 Fourth
                 of
                 September
                 I
                 found
                 the
                 Lease
                 ,
                 and
                 within
                 Fourteen
                 or
                 Fifteen
                 Days
                 after
                 I
                 found
                 the
                 rest
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 many
                 deeds
                 did
                 you
                 find
                 out
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Half
                 a
                 Score
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 was
                 by
                 when
                 you
                 found
                 the
                 Deeds
                 the
                 second
                 time
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 When
                 I
                 had
                 found
                 the
                 Lease
                 for
                 128
                 Years
                 ,
                 I
                 laid
                 it
                 by
                 ,
                 and
                 looked
                 further
                 for
                 other
                 things
                 ,
                 and
                 found
                 a
                 Mortgage
                 which
                 concerned
                 my self
                 ,
                 and
                 that
                 made
                 me
                 more
                 eager
                 to
                 look
                 for
                 what
                 might
                 concern
                 me
                 besides
                 ,
                 that
                 I
                 was
                 not
                 so
                 careful
                 as
                 I
                 should
                 have
                 been
                 of
                 the
                 Lease
                 of
                 128
                 Years
                 ,
                 but
                 mixed
                 it
                 among
                 the
                 Writings
                 again
                 ,
                 but
                 I
                 told
                 my
                 Lady
                 I
                 had
                 found
                 such
                 a
                 Deed
                 ,
                 and
                 she
                 ordered
                 Mr.
                 Banister
                 to
                 help
                 me
                 to
                 find
                 it
                 again
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pr'ythee
                 answer
                 me
                 once
                 more
                 ;
                 Who
                 first
                 put
                 you
                 in
                 mind
                 of
                 looking
                 after
                 the
                 Halls
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 My
                 Lady
                 Ivy.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 any
                 body
                 by
                 when
                 she
                 spoke
                 to
                 you
                 to
                 look
                 after
                 the
                 Halls
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ;
                 Mr.
                 Banister
                 was
                 by
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 else
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Several
                 of
                 my
                 Ladys
                 Servants
                 .
              
            
             
               
               
                 L.
                 C.
                 I.
                 
              
               
                 Name
                 some
                 of
                 them
                 that
                 were
                 by
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 There
                 was
                 Mr.
                 
                 Banister's
                 Wife
                 and
                 his
                 Daughter
                 by
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 day
                 was
                 it
                 my
                 Lady
                 Ivy
                 first
                 spoke
                 to
                 you
                 to
                 look
                 after
                 the
                 Halls
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Within
                 a
                 Week
                 after
                 I
                 first
                 saw
                 her
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 it
                 before
                 you
                 found
                 the
                 Lease
                 you
                 speak
                 of
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ,
                 it
                 was
                 before
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 comes
                 it
                 to
                 pass
                 then
                 ,
                 that
                 you
                 did
                 not
                 find
                 it
                 at
                 the
                 first
                 looking
                 ,
                 which
                 was
                 the
                 Fourth
                 of
                 September
                 ,
                 when
                 you
                 found
                 that
                 Lease
                 you
                 say
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 mustly
                 lay
                 aside
                 the
                 Testimony
                 of
                 this
                 Man.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 so
                 you
                 had
                 need
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Pray
                 leave
                 the
                 Deed
                 in
                 Court
                 ,
                 we
                 shall
                 have
                 Mr.
                 Neale
                 too
                 busie
                 with
                 it
                 else
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 shall
                 desire
                 your
                 Lordship
                 to
                 consider
                 all
                 the
                 use
                 we
                 make
                 of
                 this
                 Deed
                 ,
                 is
                 to
                 prove
                 ,
                 that
                 the
                 Mill
                 was
                 removed
                 to
                 another
                 place
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 do
                 not
                 know
                 what
                 it
                 proves
                 ,
                 but
                 if
                 you
                 had
                 kept
                 your
                 Witness
                 Knowles
                 in
                 the
                 Mill
                 ,
                 I
                 think
                 you
                 had
                 done
                 better
                 than
                 brought
                 him
                 hither
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Swear
                 Mr.
                 Banister
                 and
                 Mr.
                 Clerk
                 —
                 which
                 was
                 done
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Did
                 you
                 examine
                 that
                 with
                 the
                 Roll
                 ,
                 Sir
                 ?
              
               
                 shewing
                 him
                 a
                 Paper
                 .
              
            
             
               
                 Mr.
                 Clerk.
                 
              
               
                 Yes
                 ,
                 Sir
                 ,
                 I
                 did
                 examine
                 that
                 with
                 the
                 Book
                 that
                 Mr.
                 Northy
                 shewed
                 me
                 ,
                 I
                 think
                 they
                 say
                 he
                 is
                 Steward
                 of
                 the
                 Mannor
                 of
                 Stepney
                 ;
                 he
                 read
                 in
                 the
                 Book
                 ,
                 and
                 I
                 read
                 the
                 Copy
                 ;
                 and
                 it
                 is
                 a
                 true
                 Copy
                 of
                 a
                 Survey
                 of
                 that
                 Mannor
                 taken
                 25
                 Eliz.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 I
                 heard
                 say
                 you
                 have
                 the
                 Books
                 of
                 the
                 Mannor
                 here
                 ,
                 pray
                 let
                 them
                 be
                 produced
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 You
                 are
                 merry
                 Mr.
                 Attorney
                 ,
                 if
                 it
                 is
                 a
                 true
                 Copy
                 pray
                 let
                 it
                 be
                 read
                 .
              
            
             
               
                 Clerk
                 
              
               
                 (
                 Reads
                 .
                 )
              
               
                 The
                 Dean
                 of
                 St.
                 Pauls
                 holds
                 freely
                 of
                 Fee
                 one
                 Field
                 ,
                 containing
                 by
                 estimation
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 is
                 Lord
                 of
                 the
                 Mannor
                 of
                 Stepney
                 now
                 ?
              
            
             
               
                 Mr.
                 Powis
                 .
              
               
                 My
                 Lady
                 Wentworth
                 is
                 Lady
                 of
                 the
                 Mannor
                 .
              
            
             
               
                 Clerk
                 
              
               
                 (
                 Reads
                 .
                 )
              
               
                 The
                 Dean
                 of
                 St.
                 Pauls
                 holds
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 This
                 bounds
                 it
                 on
                 the
                 East
                 on
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 Lands
                 ,
                 and
                 so
                 doth
                 you
                 no
                 good
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Let
                 them
                 go
                 on
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 With
                 submission
                 these
                 are
                 our
                 exact
                 Boundaries
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 go
                 on
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 shall
                 go
                 on
                 ,
                 and
                 with
                 Submission
                 these
                 Bounds
                 exactly
                 agree
                 with
                 the
                 Bounds
                 that
                 are
                 set
                 by
                 the
                 Act
                 of
                 Parliament
                 for
                 draining
                 the
                 Marsh.
                 Here
                 is
                 nothing
                 that
                 we
                 can
                 see
                 that
                 they
                 can
                 claim
                 but
                 a
                 Mill
                 and
                 Bake-house
                 ,
                 and
                 they
                 are
                 all
                 bounded
                 on
                 the
                 West
                 by
                 
                   Wall
                   Marsh
                
                 ,
                 and
                 the
                 Linches
                 are
                 bounded
                 in
                 part
                 upon
                 the
                 North
                 ,
                 and
                 in
                 part
                 upon
                 the
                 West
                 ,
                 and
                 there
                 was
                 a
                 little
                 part
                 of
                 the
                 Marsh
                 did
                 run
                 into
                 the
                 North
                 Bounds
                 .
                 But
                 now
                 we
                 shall
                 come
                 to
                 our
                 Evidence
                 ,
                 and
                 first
                 we
                 shall
                 shew
                 the
                 Act
                 of
                 Parliament
                 .
              
            
             
               Which
               being
               
                 A
                 o
                 22
                 o
                 H.
                 8.
              
               was
               read
               .
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Next
                 we
                 shall
                 shew
                 Richard
                 Hill's
                 Conveyance
                 by
                 Mortgage
                 ,
                 to
                 Vivold
                 and
                 Salvago
                 .
              
            
             
               Which
               Indenture
               of
               Mortgage
               was
               read
               .
            
             
               
                 Clerk
                 
              
               
                 (
                 Reads
                 .
                 )
              
               
                 This
                 Indenture
                 made
                 the
                 Eighth
                 day
                 of
                 November
                 ,
                 in
                 the
                 32th
                 year
                 of
                 our
                 Soveraign
                 Lord
                 King
                 Henry
                 the
                 Eighth
                 ,
                 between
                 
                   Richard
                   Hill
                
                 Citizen
                 and
                 Mercer
                 of
                 London
                 of
                 the
                 one
                 party
                 ,
                 and
                 Anthony
                 Vivold
                 ,
                 and
                 
                   Henry
                   Salvago
                
                 ,
                 Merchants
                 ,
                 of
                 of
                 the
                 other
                 party
                 ;
                 Witnesseth
                 ,
                 That
                 where
                 the
                 said
                 Richard
                 before
                 time
                 was
                 indebted
                 unto
                 the
                 said
                 
                   Anthony
                   Vivold
                
                 ,
                 and
                 
                   H.
                   Salvago
                
                 in
                 the
                 Sum
                 of
                 560
                 l.
                 of
                 Lawful
                 Money
                 of
                 England
                 ,
                 whereof
                 they
                 of
                 their
                 free
                 will
                 have
                 pardoned
                 280
                 l.
                 The
                 said
                 
                   Richard
                   Hill
                
                 by
                 these
                 Presents
                 All
                 that
                 Moiety
                 of
                 Marsh
                 Ground
                 being
                 130
                 Acres
                 ,
                 lying
                 and
                 being
                 that
                 is
                 to
                 say
                 ,
                 from
                 Ratcliff
                 Mill
                 that
                 joins
                 to
                 the
                 Hilly
                 Linch
                 to
                 Ratcliff
                 Town
                 ,
                 on
                 the
                 Party
                 of
                 the
                 East
                 ,
                 to
                 
                   Grash
                   Mill
                
                 by
                 the
                 Hermitage
                 ,
                 on
                 the
                 party
                 of
                 the
                 West
                 ,
                 on
                 the
                 High
                 Way
                 ,
                 leading
                 from
                 London
                 to
                 Ratcliff
                 ,
                 on
                 the
                 party
                 of
                 the
                 North
                 ,
                 and
                 on
                 the
                 River
                 of
                 Thames
                 ,
                 on
                 the
                 party
                 of
                 the
                 South
                 given
                 and
                 assured
                 to
                 the
                 said
                 
                   Richard
                   Hill
                
                 ,
                 by
                 Authority
                 of
                 Parliament
                 in
                 the
                 27th
                 year
                 of
                 the
                 most
                 Noble
                 Reign
                 to
                 have
                 and
                 to
                 hold
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 This
                 doth
                 vest
                 the
                 Lands
                 in
                 question
                 ,
                 with
                 others
                 in
                 Vivold
                 and
                 Salvago
                 ,
                 as
                 a
                 Security
                 for
                 their
                 Money
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Now
                 we
                 shall
                 shew
                 a
                 Lease
                 from
                 Hill
                 to
                 
                   Marcellus
                   Hall.
                
                 
              
            
             
               
                 Clerk
                 
              
               
                 (
                 Reads
                 .
                 )
              
               
                 This
                 Indenture
                 made
                 the
                 Eleventh
                 day
                 of
                 November
                 ,
                 in
                 the
                 Thirty
                 Seventh
                 year
                 of
                 the
                 Reign
                 of
                 Henry
                 the
                 Eighth
                 ;
                 between
                 
                 
                   Richard
                   Hill
                
                 ,
                 Citizen
                 and
                 Mercer
                 of
                 London
                 ,
                 of
                 the
                 one
                 partie
                 ,
                 and
                 
                   Marcellus
                   Hall
                
                 of
                 Ratcliff
                 ,
                 Miller
                 of
                 the
                 other
                 partie
                 ;
                 Witnesseth
                 ,
                 That
                 the
                 said
                 
                   Richard
                   Hill
                
                 ,
                 for
                 the
                 sum
                 of
                 Six
                 pounds
                 of
                 lawful
                 Money
                 of
                 England
                 ,
                 to
                 him
                 in
                 hand
                 paid
                 ,
                 at
                 the
                 ensealing
                 and
                 delivery
                 hereof
                 ,
                 whereof
                 the
                 said
                 
                   Richard
                   Hill
                
                 hereby
                 acknowledgeth
                 himself
                 to
                 be
                 fully
                 satisfied
                 contented
                 and
                 paid
                 ,
                 and
                 whereof
                 he
                 doth
                 clearly
                 acquit
                 and
                 discharge
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 his
                 Executors
                 and
                 Administrators
                 by
                 these
                 Presents
                 ,
                 hath
                 Demised
                 ,
                 Granted
                 ,
                 and
                 to
                 Farm
                 Letten
                 ,
                 and
                 by
                 these
                 Presents
                 doth
                 Demise
                 ,
                 Grant
                 ,
                 and
                 to
                 Farm
                 Lett
                 unto
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 a
                 parcel
                 of
                 Marsh
                 Ground
                 ,
                 lying
                 and
                 being
                 at
                 the
                 East
                 end
                 of
                 the
                 Marsh
                 that
                 Butts
                 on
                 Ratcliff
                 Hilly
                 Marsh
                 Wall-bank
                 ,
                 or
                 Wall
                 belonging
                 and
                 the
                 Well
                 Shadwell
                 ,
                 containing
                 by
                 estimation
                 Eleven
                 Acres
                 and
                 an
                 Half
                 ,
                 more
                 or
                 less
                 ,
                 abutting
                 on
                 the
                 Thames
                 Wall
                 ,
                 on
                 the
                 party
                 of
                 the
                 South
                 ,
                 to
                 the
                 Lands
                 called
                 the
                 
                   Deans
                   Linches
                
                 ,
                 on
                 the
                 party
                 of
                 the
                 North
                 ,
                 and
                 on
                 the
                 Wall
                 that
                 reaches
                 from
                 the
                 Linches
                 to
                 the
                 Island
                 ,
                 by
                 the
                 Pond
                 on
                 the
                 West
                 .
                 with
                 all
                 the
                 Foreland
                 and
                 Soyle
                 All
                 which
                 Marsh
                 Land
                 is
                 in
                 the
                 Parish
                 of
                 Stebunheath
                 To
                 have
                 and
                 to
                 hold
                 the
                 said
                 Marsh
                 Land
                 Foreland
                 and
                 Soyle
                 to
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 from
                 the
                 Feast
                 of
                 the
                 Annunciation
                 of
                 St.
                 Mary
                 the
                 Virgin
                 next
                 coming
                 ,
                 for
                 Thirty
                 and
                 Four
                 Years
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 This
                 was
                 a
                 Lease
                 made
                 to
                 their
                 Miller
                 ,
                 and
                 contains
                 Eleven
                 Acres
                 and
                 half
                 an
                 Acre
                 ,
                 which
                 we
                 shall
                 shew
                 is
                 just
                 exactly
                 the
                 contents
                 of
                 our
                 Land.
                 Next
                 then
                 we
                 shall
                 come
                 to
                 the
                 Conveyance
                 made
                 to
                 
                   Thomas
                   Stepkin
                
                 ,
                 which
                 will
                 bring
                 us
                 to
                 our
                 Title
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Read
                 the
                 Reservation
                 of
                 that
                 Lease
                 .
              
            
             
               
                 Clerk
                 
              
               
                 (
                 Reads
                 )
              
               
                 Yielding
                 and
                 paying
                 therefore
                 yearly
                 ,
                 and
                 every
                 year
                 unto
                 the
                 said
                 
                   Richard
                   Hill
                
                 ,
                 his
                 Executors
                 and
                 Assigns
                 ,
                 Three
                 pounds
                 of
                 good
                 and
                 lawful
                 Money
                 of
                 England
                 ,
                 at
                 four
                 Terms
                 of
                 the
                 year
                 ,
                 that
                 is
                 to
                 say
                 ,
                 the
                 Feast
                 of
                 the
                 Nativity
                 of
                 St.
                 
                   Iohn
                   the
                   Baptist
                
                 ,
                 St.
                 
                   Michael
                   the
                   Archangel
                
                 ,
                 the
                 Birth
                 of
                 our
                 Lord
                 ,
                 and
                 the
                 Annunciation
                 of
                 St.
                 Mary
                 the
                 Virgin.
                 
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Pray
                 ,
                 my
                 Lord
                 ,
                 we
                 desire
                 they
                 may
                 give
                 some
                 account
                 of
                 this
                 Lease
                 where
                 they
                 had
                 it
                 ,
                 and
                 how
                 they
                 came
                 by
                 it
                 .
              
            
             
               
                 M.
                 Att.
                 Gen.
                 
              
               
                 You
                 have
                 had
                 it
                 in
                 your
                 hands
                 ,
                 you
                 see
                 what
                 it
                 is
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Yes
                 ,
                 and
                 therefore
                 we
                 desire
                 to
                 know
                 some
                 thing
                 about
                 it
                 ,
                 because
                 we
                 find
                 Knowles
                 hand
                 to
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 can
                 give
                 you
                 a
                 better
                 account
                 of
                 it
                 than
                 you
                 think
                 for
                 ,
                 but
                 that
                 will
                 let
                 you
                 into
                 an
                 hours
                 wrangle
                 more
                 ,
                 which
                 is
                 all
                 you
                 have
                 to
                 say
                 for
                 yourselves
                 .
                 We
                 have
                 it
                 ,
                 disprove
                 it
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 You
                 have
                 it
                 we
                 see
                 ,
                 but
                 remember
                 you
                 will
                 give
                 no
                 account
                 where
                 you
                 had
                 it
                 .
                 But
                 then
                 we
                 desire
                 to
                 ask
                 Mr.
                 Knowles
                 a
                 Question
                 .
                 Whether
                 my
                 Lady
                 Ivy
                 was
                 with
                 him
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 we
                 desire
                 we
                 may
                 go
                 on
                 and
                 give
                 our
                 Evidence
                 intire
                 ,
                 they
                 would
                 fain
                 break
                 in
                 upon
                 us
                 ,
                 and
                 take
                 up
                 another
                 hour
                 in
                 quarrelling
                 with
                 our
                 Witness
                 .
                 When
                 we
                 hear
                 them
                 in
                 their
                 time
                 offer
                 to
                 impeach
                 the
                 Validity
                 of
                 the
                 Deed
                 ,
                 then
                 will
                 be
                 our
                 time
                 to
                 justifie
                 it
                 ;
                 and
                 I
                 doubt
                 not
                 but
                 we
                 shall
                 give
                 a
                 satisfactory
                 account
                 of
                 it
                 .
                 Pray
                 will
                 you
                 give
                 an
                 account
                 of
                 the
                 Deed
                 you
                 snap'd
                 up
                 the
                 last
                 time
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Nay
                 ,
                 nay
                 ,
                 Gentlemen
                 we
                 cannot
                 take
                 up
                 our
                 time
                 in
                 your
                 Dialogues
                 and
                 little
                 heats
                 .
                 Do
                 you
                 not
                 hinder
                 them
                 ,
                 and
                 we
                 shall
                 see
                 they
                 shall
                 not
                 hinder
                 you
                 when
                 it
                 comes
                 to
                 your
                 turn
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 This
                 Deed
                 has
                 been
                 read
                 for
                 the
                 Plaintiff
                 and
                 Defendant
                 ,
                 and
                 is
                 marked
                 so
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 It
                 has
                 been
                 twice
                 read
                 before
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Well
                 will
                 you
                 go
                 Gentlemen
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Then
                 we
                 shall
                 shew
                 this
                 Deed
                 Poll
                 next
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 This
                 also
                 is
                 marked
                 to
                 have
                 been
                 read
                 twice
                 .
              
               
                 (
                 Reads
                 )
              
               
                 This
                 is
                 dated
                 ,
                 16
                 Apr.
                 in
                 the
                 6th
                 year
                 of
                 King
                 Edward
                 the
                 Sixth
                 .
              
               
                 To
                 all
                 Faithful
                 People
                 to
                 whom
                 this
                 present
                 Writing
                 shall
                 come
                 ,
                 I
                 
                   Richard
                   Hill
                
                 Citizen
                 and
                 Mercer
                 of
                 London
                 send
                 Greeting
                 in
                 our
                 Lord
                 God
                 Everlasting
                 .
                 Know
                 ye
                 that
                 I
                 the
                 said
                 
                   Richard
                   Hill
                
                 ,
                 for
                 the
                 sum
                 of
                 One
                 hundred
                 and
                 thirty
                 pounds
                 of
                 lawful
                 Money
                 of
                 England
                 ,
                 by
                 
                   Thomas
                   Stepkins
                
                 ,
                 alias
                 Stipkin
                 ,
                 of
                 the
                 Parish
                 of
                 St.
                 
                   Mary
                   Matfellen
                   ,
                   alias
                   Whitechappel
                
                 ,
                 in
                 the
                 County
                 of
                 Middlesex
                 Beer-brewer
                 ,
                 unto
                 me
                 the
                 said
                 
                   Richard
                   Hill
                
                 in
                 hand
                 paid
                 ,
                 wherewith
                 I
                 confess
                 my self
                 to
                 be
                 well
                 and
                 truly
                 satisfied
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Upon
                 whose
                 account
                 is
                 it
                 that
                 my
                 Brother
                 Gregory
                 comes
                 here
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 My
                 Lord
                 ,
                 Mr.
                 Baron
                 Gregory
                 was
                 desired
                 by
                 the
                 Plaintiff
                 to
                 be
                 here
                 ,
                 and
                 as
                 soon
                 as
                 we
                 come
                 to
                 our
                 Reply
                 ,
                 we
                 shall
                 ask
                 him
                 some
                 Questions
                 ,
                 if
                 he
                 please
                 to
                 stay
                 ,
                 we
                 will
                 dispatch
                 him
                 so
                 soon
                 as
                 we
                 can
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Nay
                 rather
                 then
                 trouble
                 Mr.
                 Baron
                 to
                 stay
                 ,
                 we
                 yield
                 he
                 should
                 be
                 Examined
                 now
                 .
              
            
             
               
               
                 Mr.
                 Bar.
                 Gregory
                 .
              
               
                 I
                 am
                 not
                 in
                 so
                 much
                 hast
                 my
                 Lord
                 ,
                 but
                 I
                 can
                 stay
                 a
                 while
                 ,
                 and
                 not
                 break
                 in
                 upon
                 the
                 middle
                 of
                 an
                 Evidence
                 for
                 me
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 If
                 you
                 please
                 ,
                 they
                 consent
                 you
                 may
                 be
                 Examined
                 ,
                 and
                 they
                 may
                 be
                 long
                 .
              
            
             
               
                 Mr.
                 Bar.
                 Gregory
                 .
              
               
                 I
                 would
                 not
                 interrupt
                 the
                 course
                 of
                 Evidence
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Nay
                 we
                 will
                 take
                 you
                 at
                 your
                 word
                 ,
                 but
                 if
                 it
                 be
                 long
                 ,
                 pray
                 remember
                 we
                 would
                 have
                 eased
                 you
                 ,
                 but
                 you
                 Complemented
                 yourself
                 out
                 of
                 it
                 ;
                 now
                 you
                 are
                 like
                 to
                 abide-by
                 it
                 awhile
                 ,
                 I
                 assure
                 you
                 Brother
                 .
                 Go
                 on
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 (
                 Reads
                 )
              
               
                 And
                 do
                 therefore
                 acquit
                 and
                 exonerate
                 the
                 said
                 
                   Thomas
                   Stepkin
                   ,
                   alias
                   Stipkin
                
                 ,
                 his
                 have
                 given
                 ,
                 enfeoffed
                 ,
                 sold
                 ,
                 granted
                 ,
                 and
                 by
                 this
                 my
                 present
                 writing
                 confirmed
                 ,
                 all
                 those
                 my
                 four
                 and
                 twenty
                 Acres
                 and
                 an
                 half
                 of
                 Marsh
                 Land
                 ,
                 measured
                 by
                 the
                 Rod
                 or
                 Pole
                 ,
                 lying
                 in
                 
                   Wapping
                   Marsh
                
                 Three
                 Acres
                 of
                 which
                 are
                 lying
                 adjoyning
                 on
                 the
                 west
                 side
                 of
                 the
                 Mill
                 that
                 butts
                 on
                 the
                 Hilly
                 Bank
                 ,
                 or
                 way
                 leading
                 to
                 Ratcliff
                 Town
                 ,
                 called
                 Ratcliff
                 Mill
                 ,
                 with
                 the
                 Bank
                 or
                 Wall
                 thereto
                 belonging
                 ,
                 and
                 the
                 Well
                 adjoyning
                 to
                 the
                 way
                 that
                 goeth
                 up
                 to
                 the
                 Linches
                 called
                 Shadwel
                 ,
                 lying
                 in
                 the
                 east
                 end
                 of
                 the
                 Marsh
                 ,
                 and
                 all
                 the
                 next
                 piece
                 west
                 adjoyning
                 to
                 the
                 same
                 ,
                 containing
                 by
                 estimation
                 one
                 Acre
                 ,
                 and
                 the
                 Pond
                 and
                 two
                 Acres
                 adjoyning
                 on
                 the
                 west
                 side
                 ,
                 six
                 Acres
                 lying
                 in
                 the
                 bottom
                 of
                 the
                 Hilly
                 Linches
                 ,
                 adjoyning
                 Northwest
                 on
                 the
                 Wall
                 that
                 reaches
                 from
                 the
                 Linches
                 to
                 the
                 Island
                 by
                 the
                 Pond
                 .
                 All
                 which
                 Eleven
                 Acres
                 and
                 an
                 half
                 of
                 Marsh-Land
                 ,
                 are
                 in
                 the
                 holding
                 of
                 
                   Marcellus
                   Hall
                
                 Miller
                 ,
                 and
                 also
                 the
                 Bank
                 or
                 Wall
                 Flood
                 or
                 Pond
                 adjoyning
                 west
                 on
                 the
                 said
                 Eleven
                 Acres
                 and
                 an
                 half
                 ;
                 containing
                 by
                 estimation
                 of
                 measure
                 two
                 Acres
                 ;
                 and
                 also
                 all
                 that
                 parcel
                 late
                 divided
                 into
                 two
                 ,
                 and
                 now
                 or
                 late
                 in
                 the
                 Tenure
                 of
                 
                   Richard
                   Hill
                
                 Butcher
                 ,
                 containing
                 by
                 estimation
                 of
                 measure
                 six
                 Acres
                 ;
                 and
                 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.
                 1682.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Are
                 you
                 sure
                 of
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 ;
                 I
                 am
                 sure
                 of
                 it
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Just
                 now
                 it
                 was
                 April
                 .
              
            
             
               
                 Banister
                 .
              
               
                 It
                 was
                 in
                 September
                 ,
                 1682.
                 
                 I
                 writ
                 this
                 Paper
                 at
                 the
                 same
                 time
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 did
                 you
                 write
                 this
                 Name
                 to
                 this
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 At
                 Mr.
                 
                 Knowles's
                 House
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 was
                 the
                 first
                 time
                 that
                 you
                 saw
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 The
                 very
                 same
                 Day
                 that
                 I
                 writ
                 my
                 Name
                 and
                 this
                 Paper
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 he
                 find
                 the
                 Deed
                 or
                 you
                 ?
                 Let
                 me
                 see
                 it
                 .
                 
                   which
                   was
                   done
                   .
                
              
            
             
               
                 Banister
                 .
              
               
                 He
                 had
                 found
                 that
                 Deed
                 before
                 ,
                 but
                 had
                 mislaid
                 it
                 ,
                 and
                 desired
                 my
                 Assistance
                 to
                 find
                 it
                 again
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 did
                 you
                 find
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 In
                 a
                 Garret
                 in
                 Mr.
                 
                 Knowles's
                 House
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Were
                 there
                 not
                 a
                 great
                 many
                 Deeds
                 there
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 ;
                 there
                 were
                 a
                 great
                 many
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pr'y
                 thee
                 look
                 upon
                 it
                 again
                 ,
                 and
                 consider
                 what
                 thou
                 sayst
                 .
              
            
             
               
                 Banister
                 .
              
               
                 This
                 is
                 my
                 Name
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Very
                 well
                 ;
                 and
                 how
                 came
                 thy
                 Name
                 there
                 ?
              
            
             
               
               
                 Banister
                 .
              
               
                 This
                 is
                 the
                 very
                 Deed
                 I
                 looked
                 upon
                 at
                 that
                 Time.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 did
                 you
                 first
                 see
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 was
                 at
                 the
                 finding
                 of
                 it
                 in
                 a
                 Garret
                 at
                 Mr.
                 
                 Knowles's
                 House
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 was
                 in
                 Sept.
                 1682.
                 you
                 say
                 .
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 ,
                 in
                 Sept.
                 1682.
                 
                 I
                 never
                 saw
                 it
                 before
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pray
                 who
                 are
                 Parties
                 to
                 that
                 deed
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 My
                 Lord
                 ,
                 it
                 is
                 the
                 Purchase
                 of
                 the
                 Inheritance
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 It
                 is
                 so
                 ,
                 and
                 how
                 should
                 that
                 come
                 to
                 be
                 in
                 the
                 Possession
                 of
                 Knowles
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 never
                 saw
                 it
                 before
                 that
                 time
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 it
                 again
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 [
                 Reads
                 .
                 ]
              
               
                 —
                 This
                 is
                 dated
                 the
                 16th
                 of
                 April
                 in
                 the
                 Sixth
                 Year
                 of
                 Edward
                 the
                 Sixth
                 .
                 To
                 all
                 faithful
                 —
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Certainly
                 ,
                 my
                 Lord
                 ,
                 he
                 is
                 under
                 a
                 Mistake
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 so
                 he
                 is
                 sure
                 enough
                 ,
                 but
                 a
                 very
                 foul
                 one
                 upon
                 my
                 Word
                 :
                 But
                 let
                 us
                 see
                 if
                 we
                 can
                 bring
                 him
                 out
                 of
                 it
                 .
                 Mr.
                 Banister
                 ,
                 let
                 me
                 ask
                 you
                 a
                 Question
                 .
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 ,
                 my
                 Lord
                 ,
                 if
                 you
                 please
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 pray
                 mind
                 what
                 I
                 say
                 ,
                 and
                 consider
                 of
                 it
                 .
                 The
                 16th
                 of
                 September
                 ,
                 1682.
                 was
                 the
                 time
                 that
                 you
                 went
                 on
                 purpose
                 to
                 look
                 for
                 Deeds
                 at
                 Mr.
                 
                 Knowles's
                 House
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 was
                 there
                 on
                 the
                 7th
                 Day
                 of
                 September
                 ,
                 and
                 that
                 was
                 the
                 first
                 Day
                 that
                 ever
                 I
                 came
                 into
                 Mr.
                 
                 Knowles's
                 House
                 in
                 my
                 Life
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 There
                 were
                 some
                 Deeds
                 ,
                 it
                 seems
                 ,
                 that
                 Mr.
                 Knowles
                 had
                 found
                 before
                 .
              
            
             
               
                 Banister
                 .
              
               
                 So
                 Mr.
                 Knowles
                 said
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 became
                 of
                 those
                 Deeds
                 he
                 had
                 found
                 before
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 As
                 he
                 told
                 me
                 ,
                 he
                 had
                 mislaid
                 them
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 when
                 did
                 you
                 come
                 to
                 have
                 an
                 account
                 that
                 he
                 had
                 found
                 those
                 Deeds
                 first
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 It
                 was
                 after
                 I
                 had
                 paid
                 him
                 3
                 l.
                 For
                 Water
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 was
                 the
                 first
                 time
                 that
                 he
                 spoke
                 of
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 It
                 was
                 the
                 Fifth
                 or
                 Fourth
                 of
                 September
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 And
                 when
                 did
                 you
                 first
                 go
                 thither
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 On
                 the
                 7th
                 of
                 September
                 he
                 desired
                 me
                 to
                 come
                 and
                 help
                 him
                 and
                 assist
                 him
                 in
                 finding
                 out
                 the
                 Deeds
                 that
                 he
                 had
                 mislaid
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 What
                 do
                 you
                 know
                 of
                 this
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 We
                 found
                 one
                 Deed
                 —
              
            
             
               
                 L.C.I.
                 
              
               
                 Look
                 upon
                 that
                 Carefully
                 ,
                 is
                 that
                 your
                 Hand
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 That
                 is
                 my
                 Hand
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Do
                 you
                 remember
                 when
                 you
                 put
                 your
                 Hand
                 to
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 The
                 Paper
                 I
                 have
                 in
                 my
                 Hand
                 was
                 written
                 at
                 the
                 same
                 time
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Look
                 upon
                 that
                 Paper
                 ,
                 and
                 consider
                 it
                 well
                 ,
                 and
                 now
                 tell
                 us
                 whether
                 you
                 found
                 that
                 Deed
                 first
                 ,
                 or
                 Mr.
                 Knowles
                 .
              
            
             
               
                 Banister
                 .
              
               
                 Mr.
                 Knowles
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Now
                 look
                 upon
                 it
                 ,
                 and
                 look
                 upon
                 it
                 carefully
                 ,
                 when
                 was
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 This
                 Deed
                 came
                 into
                 my
                 Hands
                 the
                 same
                 day
                 that
                 I
                 writ
                 this
                 Note
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 we
                 desire
                 we
                 may
                 go
                 on
                 with
                 our
                 Evidence
                 ,
                 and
                 not
                 have
                 them
                 break
                 in
                 upon
                 us
                 to
                 examine
                 any
                 such
                 thing
                 till
                 their
                 time
                 comes
                 ;
                 if
                 they
                 have
                 any
                 thing
                 to
                 object
                 against
                 our
                 Witnesses
                 ,
                 let
                 them
                 take
                 their
                 time
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Mr.
                 Attorney
                 ,
                 we
                 are
                 very
                 regular
                 sure
                 in
                 what
                 we
                 do
                 ;
                 you
                 produce
                 a
                 Deed
                 ,
                 and
                 we
                 desire
                 an
                 account
                 how
                 you
                 came
                 by
                 that
                 Deed
                 ,
                 and
                 finding
                 Mr.
                 
                 Banister's
                 Name
                 ,
                 who
                 is
                 your
                 Witness
                 ,
                 and
                 sworn
                 by
                 you
                 ,
                 we
                 would
                 know
                 of
                 him
                 what
                 he
                 knows
                 of
                 it
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Aye
                 ,
                 ay
                 let
                 Truth
                 come
                 out
                 in
                 God's
                 Name
                 .
                 Look
                 upon
                 it
                 Mr.
                 Banister
                 once
                 more
                 .
                 What
                 say
                 you
                 to
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 This
                 is
                 the
                 same
                 Deed
                 and
                 my
                 Hand
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Upon
                 your
                 Oath
                 ,
                 Sir
                 ,
                 when
                 did
                 you
                 first
                 see
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 This
                 Deed
                 I
                 saw
                 the
                 7th
                 of
                 September
                 ,
                 1682.
                 
              
            
             
               
                 L.C.I.
                 
              
               
                 Where
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 In
                 the
                 Garret
                 at
                 Mr.
                 
                 Knowles's
                 House
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Did
                 you
                 find
                 it
                 first
                 ,
                 or
                 Mr.
                 Knowles
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 ,
                 it
                 may
                 be
                 I
                 might
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Are
                 you
                 sure
                 you
                 then
                 put
                 your
                 Name
                 to
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 did
                 put
                 my
                 hand
                 upon
                 this
                 same
                 Deed
                 the
                 7th
                 of
                 September
                 ,
                 1682.
                 
              
            
             
               
                 L.C.I.
                 
              
               
                 Pr'ythee
                 look
                 upon
                 it
                 again
                 ,
                 and
                 look
                 very
                 carefully
                 upon
                 it
                 .
              
            
             
               Which
               he
               did
               for
               a
               good
               while
               together
               .
            
             
               
                 L.C.I.
                 
              
               
                 Now
                 look
                 upon
                 your
                 Note
                 again
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 do
                 so
                 ,
                 and
                 peruse
                 it
                 carefully
                 ,
                 and
                 see
                 whether
                 that
                 Deed
                 be
                 in
                 your
                 Note
                 .
              
            
             
               
               
                 L.
                 C.
                 I.
                 
              
               
                 Nay
                 ,
                 good
                 Mr.
                 Attorney
                 ,
                 let
                 us
                 have
                 no
                 Directions
                 .
                 What
                 say
                 you
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 set
                 my
                 Hand
                 to
                 several
                 Deeds
                 that
                 I
                 found
                 there
                 ,
                 to
                 some
                 Writings
                 ,
                 on
                 the
                 7th
                 of
                 September
                 ,
                 and
                 to
                 others
                 on
                 the
                 16th
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Now
                 tell
                 us
                 which
                 of
                 them
                 it
                 was
                 that
                 thou
                 didst
                 put
                 thy
                 Hand
                 upon
                 this
                 Deed.
                 
              
            
             
               
                 Banister
                 .
              
               
                 I
                 believe
                 it
                 might
                 be
                 the
                 Seventh
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Didst
                 thou
                 not
                 see
                 that
                 Deed
                 before
                 the
                 Seventh
                 of
                 September
                 ,
                 1682.
                 upon
                 thy
                 Oath
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 No
                 ,
                 Never
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 was
                 with
                 you
                 when
                 you
                 first
                 found
                 that
                 Deed
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 ,
                 my
                 Lord
                 ,
                 let
                 this
                 Note
                 be
                 read
                 ,
                 and
                 that
                 will
                 clear
                 all
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 No
                 ,
                 by
                 no
                 means
                 ,
                 Mr.
                 Attorney
                 ,
                 he
                 may
                 make
                 use
                 of
                 what
                 Notes
                 he
                 pleases
                 ,
                 to
                 refresh
                 his
                 own
                 Memory
                 ;
                 but
                 we
                 will
                 never
                 support
                 or
                 prop
                 up
                 a
                 Perjury
                 at
                 that
                 rate
                 ,
                 I
                 assure
                 you
                 ,
                 by
                 a
                 Note
                 .
                 Was
                 Mr.
                 Knowles
                 with
                 you
                 when
                 you
                 found
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 He
                 was
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Do
                 you
                 take
                 it
                 upon
                 your
                 Oath
                 that
                 that
                 Deed
                 was
                 found
                 the
                 Seventh
                 of
                 September
                 ,
                 1682.
                 in
                 the
                 Garret
                 at
                 Mr.
                 
                 Knowles's
                 House
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 which
                 of
                 the
                 two
                 ,
                 it
                 was
                 the
                 Seventh
                 or
                 the
                 Sixteenth
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 it
                 one
                 of
                 the
                 two
                 ,
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 It
                 was
                 one
                 of
                 the
                 two
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Now
                 call
                 Mr.
                 Knowles
                 again
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 There
                 he
                 is
                 ,
                 my
                 Lord
                 ,
                 if
                 your
                 Lordship
                 please
                 to
                 look
                 upon
                 the
                 Deed
                 —
                 
                 Knowles's
                 Name
                 was
                 to
                 it
                 likewise
                 ,
                 but
                 scraped
                 out
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 ,
                 we
                 will
                 ask
                 him
                 about
                 it
                 .
                 But
                 Mr.
                 Banister
                 positively
                 swears
                 he
                 was
                 at
                 the
                 finding
                 of
                 this
                 Deed.
                 What
                 say
                 you
                 Knowles
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 know
                 nothing
                 of
                 it
                 ,
                 my
                 Name
                 is
                 not
                 to
                 it
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 your
                 Name
                 ever
                 to
                 it
                 ,
                 or
                 not
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 No
                 ,
                 never
                 .
              
            
             
               
                 Mr.
                 Dobbins
                 .
              
               
                 But
                 it
                 was
                 to
                 it
                 at
                 the
                 Tryal
                 in
                 Michaelmas
                 Term.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 set
                 your
                 Name
                 to
                 all
                 the
                 Deeds
                 you
                 found
                 in
                 the
                 Garret
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ,
                 I
                 did
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Upon
                 your
                 Oath
                 ,
                 Banister
                 ,
                 did
                 you
                 set
                 your
                 Name
                 to
                 any
                 Deeds
                 that
                 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
                 they
                 met
                 )
                 and
                 in
                 half
                 an
                 hour
                 Mr.
                 Neale
                 came
                 up
                 stairs
                 ;
                 after
                 they
                 had
                 changed
                 two
                 or
                 three
                 Complements
                 ,
                 they
                 came
                 to
                 talk
                 about
                 meeting
                 at
                 Mr.
                 Attorney
                 Generals
                 Chamber
                 in
                 the
                 Temple
                 ,
                 to
                 Treat
                 about
                 their
                 Controversie
                 .
                 Says
                 Mr.
                 Neale
                 ,
                 let
                 there
                 be
                 a
                 Forfeiture
                 upon
                 it
                 of
                 50
                 l.
                 to
                 be
                 paid
                 by
                 him
                 that
                 faills
                 .
                 No
                 ,
                 says
                 Mr.
                 Brian
                 I
                 will
                 make
                 no
                 forfeiture
                 ,
                 but
                 I
                 will
                 certainly
                 meet
                 there
                 .
                 Says
                 Mr.
                 Neale
                 again
                 ,
                 and
                 I
                 question
                 not
                 but
                 to
                 give
                 such
                 satisfaction
                 as
                 whereby
                 to
                 convince
                 you
                 and
                 my
                 Lady
                 ,
                 that
                 this
                 is
                 not
                 her
                 Estate
                 .
                 I
                 should
                 be
                 glad
                 to
                 hear
                 that
                 ,
                 says
                 Mr.
                 Brian
                 ,
                 why
                 I
                 hope
                 you
                 do
                 not
                 think
                 the
                 Deeds
                 are
                 Forged
                 ?
                 No
                 ,
                 says
                 Mr.
                 Neale
                 ,
                 I
                 do
                 not
                 think
                 they
                 are
                 forged
                 .
                 Mr.
                 Knowles
                 offered
                 me
                 a
                 long
                 time
                 ago
                 ,
                 to
                 shew
                 me
                 that
                 Deed
                 ,
                 and
                 I
                 might
                 have
                 had
                 it
                 in
                 my
                 possession
                 ,
                 but
                 I
                 would
                 not
                 ;
                 for
                 if
                 I
                 had
                 ,
                 I
                 should
                 have
                 been
                 the
                 aptest
                 man
                 in
                 the
                 world
                 to
                 burn
                 it
                 .
                 This
                 is
                 all
                 I
                 can
                 say
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 what
                 is
                 this
                 to
                 the
                 purpose
                 Gentlemen
                 ,
                 alack
                 a
                 day
                 this
                 is
                 very
                 thin
                 .
                 A
                 slight
                 Discourse
                 in
                 a
                 Tavern
                 ;
                 how
                 can
                 any
                 answer
                 be
                 given
                 to
                 such
                 an
                 Evidence
                 ,
                 tho'
                 indeed
                 it
                 does
                 not
                 need
                 any
                 ;
                 pray
                 let
                 not
                 our
                 time
                 be
                 taken
                 up
                 with
                 such
                 trifling
                 stories
                 of
                 a
                 cock
                 and
                 a
                 bull
                 .
                 Go
                 on
                 to
                 that
                 which
                 is
                 material
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Now
                 we
                 shall
                 produce
                 a
                 Lease
                 from
                 
                   Marcellus
                   Hall
                
                 ,
                 to
                 one
                 Roper
                 ,
                 of
                 part
                 of
                 this
                 Eleven
                 Acres
                 and
                 an
                 half
                 .
              
            
             
               
                 Clerk
                 
              
               
                 reads
                 .
              
               
                 This
                 Indenture
                 made
                 the
                 13
                 day
                 of
                 November
                 ,
                 in
                 the
                 2d
                 and
                 3d
                 years
                 of
                 the
                 Reigns
                 of
                 our
                 Soveraign
                 Lord
                 and
                 Lady
                 Philip
                 and
                 Mary
                 ,
                 by
                 the
                 Grace
                 of
                 God
                 King
                 and
                 Queen
                 of
                 
                   England
                   ,
                   Spain
                   ,
                   France
                
                 ,
                 both
                 the
                 
                   Sicilies
                   ,
                   Ierusalem
                
                 ,
                 and
                 Ireland
                 ,
                 Defenders
                 of
                 the
                 Faith
                 ,
                 Arch-Dukes
                 of
                 Austria
                 ,
                 Dukes
                 of
                 
                   Burgundy
                   ,
                   Millain
                
                 and
                 Brabant
                 ,
                 Countess
                 of
                 
                   Hasburg
                   ,
                   Flanders
                
                 and
                 Tyrole
                 ,
                 between
                 
                   Marcellus
                   Hall
                
                 of
                 Radcliff
                 Miller
                 ,
                 of
                 the
                 one
                 party
                 ,
                 and
                 
                   Richard
                   Roper
                
                 Citizen
                 and
                 Salter
                 of
                 London
                 ,
                 of
                 the
                 other
                 party
                 ,
                 witnesseth
                 ,
                 That
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 for
                 the
                 sum
                 of
                 Six
                 pounds
                 of
                 good
                 and
                 lawful
                 Money
                 of
                 England
                 ,
                 to
                 him
                 by
                 the
                 said
                 
                   Richard
                   Roper
                
                 in
                 hand
                 paid
                 ,
                 whereof
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 clearly
                 acquitteth
                 and
                 dischargeth
                 the
                 said
                 
                   Richard
                   Roper
                
                 ,
                 his
                 Executors
                 and
                 Assigns
                 ,
                 and
                 every
                 of
                 them
                 by
                 these
                 presents
                 ,
                 hath
                 granted
                 ,
                 demised
                 ,
                 and
                 to
                 farm
                 letten
                 ,
                 and
                 by
                 these
                 presents
                 granteth
                 ,
                 demiseth
                 ,
                 and
                 to
                 farm
                 letteth
                 ,
                 to
                 the
                 said
                 
                   Richard
                   Roper
                
                 ,
                 a
                 parcel
                 of
                 Marsh
                 Ground
                 lying
                 and
                 being
                 in
                 Waping
                 Marsh
                 ,
                 at
                 the
                 East
                 end
                 of
                 the
                 Marsh
                 ,
                 beginning
                 at
                 the
                 west
                 side
                 of
                 the
                 Well
                 ,
                 which
                 lyeth
                 by
                 the
                 way
                 that
                 leadeth
                 up
                 to
                 the
                 Linches
                 ,
                 called
                 Shadwel
                 ,
                 measured
                 by
                 a
                 strait
                 line
                 from
                 the
                 Linches
                 ,
                 by
                 the
                 west
                 side
                 of
                 the
                 Well
                 to
                 the
                 Thames
                 Wall
                 ,
                 and
                 reaching
                 West
                 to
                 the
                 way
                 that
                 leadeth
                 up
                 into
                 Radcliff
                 high
                 way
                 ,
                 containing
                 by
                 estimation
                 of
                 Measure
                 Seven
                 Acres
                 ,
                 little
                 more
                 or
                 less
                 ,
                 and
                 the
                 Pond
                 ,
                 all
                 which
                 Marsh
                 Land
                 abutteth
                 North
                 upon
                 the
                 Linches
                 of
                 the
                 Deart
                 and
                 Chapter
                 of
                 the
                 Cathedral
                 Church
                 of
                 St.
                 Paul
                 ,
                 and
                 South
                 upon
                 the
                 Thames
                 Wall
                 ;
                 and
                 also
                 all
                 the
                 Thames
                 Wall
                 belonging
                 to
                 the
                 Seven
                 Acres
                 ,
                 with
                 the
                 Forland
                 and
                 Soyl
                 down
                 to
                 the
                 Low
                 Water
                 Mark
                 of
                 the
                 River
                 of
                 Thames
                 .
                 All
                 which
                 Marsh
                 Lands
                 are
                 lying
                 in
                 the
                 Parish
                 and
                 Mannor
                 of
                 
                   Stebunhith
                   ,
                   alias
                   Stepney
                
                 ,
                 in
                 the
                 County
                 of
                 Middlesex
                 .
                 To
                 have
                 and
                 to
                 hold
                 the
                 said
                 parcel
                 of
                 Marsh
                 Ground
                 ,
                 Wall
                 ,
                 Fore-Land
                 and
                 Soyl
                 ,
                 with
                 the
                 appurtenances
                 ,
                 to
                 the
                 said
                 
                   Richard
                   Roper
                
                 ,
                 his
                 Executors
                 ,
                 and
                 Assigns
                 ,
                 from
                 the
                 Feast
                 of
                 the
                 Annunciation
                 of
                 our
                 blessed
                 Lady
                 St
                 Mary
                 the
                 Virgin
                 next
                 coming
                 ,
                 unto
                 the
                 end
                 and
                 term
                 of
                 Four
                 and
                 twenty
                 years
                 from
                 thence
                 next
                 ensuing
                 ,
                 and
                 fully
                 to
                 be
                 compleated
                 and
                 ended
                 ,
                 yielding
                 and
                 paying
                 therefore
                 yearly
                 ,
                 during
                 the
                 said
                 Term
                 ,
                 to
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 his
                 Executors
                 and
                 Assigns
                 ,
                 Three
                 pounds
                 of
                 good
                 and
                 lawful
                 money
                 of
                 England
                 ,
                 at
                 Four
                 Terms
                 of
                 the
                 year
                 .
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 date
                 is
                 that
                 Deed
                 of
                 ?
              
            
             
               
                 Clerk.
                 
              
               
                 The
                 13
                 th
                 of
                 November
                 ,
                 in
                 the
                 2
                 d
                 and
                 3
                 d.
                 years
                 of
                 King
                 Philip
                 and
                 Queen
                 Mary
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Now
                 we
                 shall
                 read
                 
                 Stepkinses's
                 Licence
                 to
                 Hall
                 ,
                 to
                 alien
                 his
                 Term.
                 
              
            
             
               
                 Clerk.
                 
              
               
                 (
                 Reads
                 )
              
               
                 To
                 all
                 manner
                 of
                 People
                 to
                 whom
                 this
                 present
                 writing
                 shall
                 come
                 ,
                 I
                 
                   Thomas
                   Stepkins
                   ,
                   alias
                   Stipkins
                
                 ,
                 of
                 the
                 Parish
                 of
                 
                   Stebunhith
                   ,
                   alias
                   Stepney
                
                 ,
                 in
                 the
                 County
                 of
                 Middlesex
                 Beer
                 Brewer
                 ,
                 send
                 Greeting
                 in
                 our
                 Lord
                 God
                 Everlasting
                 .
                 Whereas
                 I
                 the
                 said
                 
                   Thomas
                   Stepkins
                
                 in
                 the
                 16
                 th
                 of
                 April
                 ,
                 in
                 the
                 sixth
                 year
                 of
                 Edward
                 the
                 sixth
                 ,
                 have
                 betaken
                 Eleven
                 Acres
                 and
                 an
                 half
                 of
                 Marsh
                 Land
                 with
                 all
                 the
                 Bank
                 with
                 the
                 Foreland
                 and
                 Soyl
                 down
                 to
                 the
                 Low
                 water
                 mark
                 of
                 the
                 River
                 of
                 Thames
                 that
                 he
                 should
                 not
                 alien
                 or
                 assign
                 the
                 said
                 Lease
                 or
                 Term
                 of
                 years
                 ,
                 without
                 the
                 special
                 license
                 or
                 consent
                 Now
                 know
                 ye
                 ,
                 That
                 I
                 the
                 said
                 
                   Thomas
                   Stepkins
                
                 ,
                 for
                 divers
                 good
                 causes
                 give
                 Leave
                 and
                 License
                 to
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 to
                 the
                 Right
                 Worshipful
                 Mr
                 Dean
                 of
                 the
                 Cathedral
                 Church
                 of
                 St.
                 Paul
                 with
                 the
                 Wall
                 ,
                 Foreland
                 ,
                 or
                 Soyl
                 
                 under
                 such
                 Covenants
                 ,
                 as
                 is
                 reserved
                 and
                 contained
                 —
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 I
                 would
                 ask
                 Mr.
                 Banister
                 something
                 about
                 this
                 Deed
                 ,
                 look
                 upon
                 it
                 Sir.
                 
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 We
                 have
                 not
                 done
                 with
                 him
                 yet
                 .
                 Pray
                 take
                 that
                 Deed
                 out
                 of
                 his
                 hand
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 You
                 will
                 let
                 him
                 give
                 some
                 account
                 of
                 it
                 first
                 Mr.
                 Attorney
                 .
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 You
                 would
                 sain
                 confound
                 him
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 He
                 is
                 confounded
                 enough
                 already
                 .
              
            
             
               
                 Mr.
                 
                   Sol.
                   Gen.
                
                 
              
               
                 Now
                 Mr.
                 Banister
                 you
                 have
                 considered
                 of
                 it
                 ,
                 pray
                 once
                 more
                 look
                 upon
                 the
                 Deed
                 again
                 —
                 
                   (
                   which
                   he
                   did
                
                 )
                 —
                 Was
                 that
                 Deed
                 one
                 that
                 you
                 signed
                 then
                 or
                 no
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 This
                 is
                 my
                 name
                 ,
                 but
                 I
                 cannot
                 find
                 the
                 Date
                 of
                 this
                 Deed
                 in
                 my
                 paper
                 .
                 I
                 cannot
                 tell
                 now
                 whether
                 it
                 be
                 one
                 I
                 found
                 then
                 or
                 no.
                 
              
            
             
               
                 Mr.
                 
                   Sol.
                   Gen.
                
                 
              
               
                 Did
                 you
                 set
                 your
                 hand
                 to
                 any
                 Deeds
                 that
                 were
                 found
                 there
                 ,
                 which
                 you
                 did
                 not
                 set
                 down
                 in
                 your
                 paper
                 .
              
            
             
               
                 Banister
                 .
              
               
                 No
                 ,
                 not
                 that
                 I
                 know
                 of
                 ,
                 I
                 do
                 not
                 know
                 I
                 did
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Prithee
                 where
                 didst
                 thou
                 set
                 thy
                 hand
                 to
                 that
                 Deed.
                 
              
            
             
               
                 Banister
                 .
              
               
                 I
                 set
                 my
                 hand
                 to
                 the
                 Deeds
                 that
                 were
                 found
                 there
                 at
                 the
                 House
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 set
                 your
                 hand
                 to
                 none
                 else
                 but
                 what
                 were
                 found
                 there
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 have
                 set
                 my
                 hand
                 to
                 divers
                 Deeds
                 beside
                 ,
                 but
                 they
                 are
                 none
                 of
                 those
                 Deeds
                 that
                 are
                 in
                 my
                 paper
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 did
                 you
                 set
                 your
                 hand
                 to
                 any
                 Deeds
                 besides
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 To
                 divers
                 Deeds
                 I
                 have
                 set
                 my
                 hand
                 at
                 home
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Have
                 you
                 to
                 any
                 relating
                 to
                 the
                 Lands
                 in
                 question
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 do
                 not
                 know
                 that
                 I
                 have
                 set
                 my
                 hand
                 to
                 any
                 Deeds
                 relating
                 to
                 the
                 Lands
                 in
                 question
                 ,
                 but
                 at
                 Mr.
                 
                 Knowles's
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 To
                 what
                 purpose
                 did
                 you
                 set
                 your
                 Hand
                 and
                 Name
                 to
                 the
                 Deeds
                 you
                 found
                 at
                 
                 Knowles's
                 .
              
            
             
               
                 Banister
                 .
              
               
                 To
                 the
                 same
                 intent
                 to
                 testifie
                 that
                 I
                 was
                 at
                 the
                 finding
                 of
                 them
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 To
                 what
                 end
                 did
                 you
                 set
                 your
                 Hand
                 to
                 any
                 other
                 Deeds
                 .
              
            
             
               
                 Banister
                 .
              
               
                 To
                 the
                 intent
                 that
                 I
                 knew
                 better
                 where
                 the
                 Lands
                 did
                 lye
                 then
                 she
                 did
                 ,
                 and
                 when
                 my
                 Lady
                 found
                 any
                 Deeds
                 ,
                 I
                 set
                 my
                 Hand
                 to
                 them
                 ,
                 and
                 then
                 found
                 the
                 places
                 where
                 the
                 Lands
                 lay
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Thou
                 hast
                 had
                 a
                 fair
                 time
                 to
                 consider
                 of
                 that
                 Deed
                 ,
                 canst
                 thou
                 see
                 here
                 to
                 what
                 place
                 that
                 Deed
                 relates
                 by
                 this
                 mark
                 .
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 find
                 the
                 date
                 of
                 the
                 Deed
                 in
                 my
                 paper
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 where
                 do
                 you
                 think
                 you
                 did
                 put
                 your
                 name
                 to
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 whether
                 I
                 did
                 it
                 at
                 that
                 time
                 or
                 no
                 ,
                 but
                 this
                 is
                 my
                 Name
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 know
                 thy
                 Name
                 is
                 there
                 man
                 ,
                 I
                 read
                 it
                 two
                 hours
                 ago
                 ,
                 but
                 did
                 you
                 put
                 your
                 hand
                 to
                 that
                 as
                 one
                 of
                 the
                 Deeds
                 that
                 you
                 found
                 in
                 September
                 ,
                 1682.
                 when
                 you
                 were
                 at
                 Mr.
                 
                 Knowles's
                 or
                 not
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Dost
                 thou
                 believe
                 thou
                 didst
                 not
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 .
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Canst
                 thou
                 tell
                 the
                 reason
                 why
                 thou
                 didst
                 set
                 thy
                 hand
                 to
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 Certainly
                 because
                 I
                 was
                 at
                 the
                 finding
                 of
                 it
                 ,
                 I
                 know
                 no
                 otherwise
                 .
              
            
             
               
                 Mr.
                 
                   S.
                   Pemberton
                
                 .
              
               
                 Now
                 pray
                 look
                 upon
                 this
                 Deed
                 —
                 
                   (
                   shewing
                   him
                   another
                   )
                
                 —
                 and
                 see
                 whether
                 that
                 be
                 your
                 Name
                 or
                 not
                 .
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 ,
                 my
                 Lord
                 ,
                 I
                 will.
                 
              
            
             
               
                 Mr.
                 
                   S.
                   Pemberton
                
                 .
              
               
                 Is
                 that
                 your
                 Name
                 .
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 it
                 is
                 ,
                 this
                 is
                 one
                 of
                 the
                 Deeds
                 that
                 was
                 found
                 at
                 Mr.
                 
                 Knowles's
                 .
              
            
             
               
                 Mr.
                 
                   S.
                   Pemberton
                
                 .
              
               
                 You
                 said
                 so
                 as
                 to
                 the
                 other
                 too
                 .
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 But
                 he
                 was
                 not
                 so
                 positive
                 in
                 it
                 .
              
            
             
               
                 Banister
                 .
              
               
                 This
                 is
                 Rat-eaten
                 ,
                 and
                 so
                 I
                 know
                 it
                 again
                 ,
                 and
                 there
                 is
                 a
                 Rat-eaten
                 Deed
                 set
                 down
                 in
                 my
                 paper
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Lethim
                 be
                 as
                 positive
                 as
                 he
                 will
                 ,
                 he
                 has
                 been
                 forsworn
                 five
                 times
                 .
              
            
             
               
                 Mr.
                 
                   Sol.
                   Gen.
                
                 
              
               
                 He
                 was
                 confounded
                 with
                 a
                 mistake
                 of
                 the
                 Deeds
                 ,
                 he
                 having
                 set
                 his
                 hand
                 to
                 so
                 many
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 They
                 are
                 Perjured
                 both
                 of
                 them
                 plainly
                 ,
                 that
                 is
                 the
                 truth
                 of
                 the
                 matter
                 .
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 I
                 hope
                 the
                 folly
                 of
                 our
                 Witnesses
                 in
                 such
                 Circumstances
                 ,
                 shall
                 not
                 rob
                 us
                 of
                 our
                 own
                 Land
                 ,
                 and
                 that
                 it
                 appears
                 to
                 be
                 plainly
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 God
                 forbid
                 but
                 you
                 should
                 have
                 your
                 own
                 Land
                 ,
                 but
                 by
                 the
                 grace
                 of
                 God
                 ,
                 if
                 I
                 can
                 help
                 it
                 ,
                 you
                 shall
                 never
                 have
                 a
                 foot
                 of
                 Land
                 by
                 Forswearing
                 and
                 Perjury
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 When
                 did
                 you
                 find
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 The
                 16
                 th
                 of
                 September
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Where
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 In
                 the
                 Garret
                 at
                 Mr.
                 
                 Knowles's
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Are
                 you
                 sure
                 of
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 Yes
                 ,
                 I
                 am
                 sure
                 of
                 that
                 Deed
                 ,
                 because
                 it
                 is
                 Rat-eaten
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Knowles
                 ,
                 Pray
                 do
                 you
                 look
                 upon
                 it
                 ,
                 what
                 say
                 you
                 to
                 that
                 Deed
                 ?
              
            
             
               
               
                 Knowles
                 .
              
               
                 This
                 is
                 my
                 hand
                 ,
                 and
                 this
                 is
                 one
                 of
                 the
                 Deeds
                 that
                 was
                 found
                 there
                 at
                 that
                 time
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Pray
                 read
                 the
                 Date
                 of
                 that
                 Deed
                 there
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 (
                 Reads
                 .
                 )
              
               
                 This
                 Indenture
                 made
                 the
                 Thirteenth
                 day
                 of
                 November
                 ,
                 in
                 the
                 2
                 d.
                 and
                 3
                 d.
                 Years
                 of
                 Philip
                 and
                 Mary
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 That
                 is
                 a
                 Deed
                 from
                 
                   Marcellus
                   Hall
                
                 to
                 Roper
                 ;
                 how
                 should
                 that
                 come
                 to
                 be
                 at
                 
                 Knowles's
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 They
                 have
                 sworn
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 They
                 go
                 about
                 to
                 blemish
                 our
                 Deeds
                 by
                 the
                 Folly
                 of
                 our
                 Witnesses
                 ,
                 which
                 we
                 cannot
                 help
                 .
                 We
                 however
                 leave
                 the
                 Deeds
                 to
                 the
                 Jury
                 ,
                 and
                 let
                 them
                 see
                 if
                 those
                 Seals
                 and
                 other
                 things
                 look
                 like
                 counterfeit
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 ,
                 go
                 on
                 ,
                 the
                 Jury
                 will
                 have
                 the
                 Deeds
                 with
                 them
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 we
                 did
                 before
                 produce
                 a
                 Conveyance
                 from
                 
                   Richard
                   Hill
                
                 to
                 Stepkins
                 .
                 It
                 rested
                 not
                 there
                 ,
                 that
                 Conveyance
                 had
                 no
                 legal
                 Execution
                 ,
                 thereupon
                 there
                 was
                 a
                 Fine
                 and
                 Recovery
                 by
                 the
                 Heir
                 of
                 Hill
                 ,
                 and
                 what
                 was
                 the
                 Occasion
                 of
                 that
                 will
                 appear
                 by
                 the
                 Deed.
                 
              
            
             
               
                 Clerk.
                 
              
               
                 [
                 Reads
                 .
                 ]
              
               
                 This
                 Indenture
                 made
                 the
                 Twelfth
                 day
                 of
                 November
                 ,
                 in
                 the
                 First
                 and
                 Sixth
                 Years
                 of
                 the
                 Reigns
                 of
                 our
                 Sovereign
                 Lord
                 and
                 Lady
                 ,
                 Philip
                 and
                 Mary
                 ,
                 by
                 the
                 Grace
                 of
                 God
                 King
                 and
                 Queen
                 of
                 
                   England
                   ,
                   Spain
                   ,
                   France
                
                 ,
                 both
                 the
                 
                   Sicilies
                   ,
                   Ierusalem
                
                 and
                 Ireland
                 ,
                 Defenders
                 of
                 the
                 Faith
                 ;
                 Archdukes
                 of
                 Austria
                 ,
                 Dukes
                 of
                 
                   Burgundy
                   ,
                   Millain
                
                 ,
                 and
                 Brabant
                 ,
                 Counties
                 of
                 
                   Haspurg
                   ,
                   Flanders
                
                 ,
                 and
                 Tyrol
                 :
                 Between
                 
                   Iasper
                   Hill
                
                 ,
                 Son
                 and
                 Heir
                 of
                 
                   Richard
                   Hill
                
                 ,
                 late
                 Citizen
                 and
                 Mercer
                 of
                 London
                 of
                 the
                 one
                 Party
                 ;
                 and
                 
                   Macheline
                   Stepkins
                
                 late
                 Wife
                 and
                 Executrix
                 of
                 the
                 last
                 Will
                 and
                 Testament
                 of
                 
                   Thomas
                   Stepkin
                
                 and
                 
                   Iohn
                   Stepkin
                
                 ,
                 Son
                 and
                 Heir
                 apparent
                 of
                 the
                 said
                 Thomas
                 of
                 the
                 other
                 Party
                 ,
                 witnesseth
                 ,
                 that
                 whereas
                 the
                 said
                 
                   Richard
                   Hill
                
                 ,
                 Father
                 of
                 the
                 said
                 Iasper
                 amounting
                 in
                 the
                 whole
                 to
                 the
                 Summ
                 of
                 2000
                 by
                 the
                 said
                 Macheline
                 And
                 where
                 variance
                 concerning
                 all
                 that
                 Parcel
                 of
                 Marsh-Land
                 unto
                 St.
                 Katherines
                 ,
                 which
                 the
                 said
                 Richard
                 Hill
                 bought
                 of
                 
                   Cornelius
                   Vanderdelf
                
                 for
                 the
                 assuring
                 all
                 that
                 Wapping-Marsh
                 the
                 said
                 
                   Richard
                   Hill
                
                 stands
                 Bound
                 in
                 an
                 Obligation
                 of
                 which
                 Condition
                 that
                 he
                 should
                 make
                 by
                 a
                 certain
                 Day
                 ,
                 a
                 good
                 ,
                 sure
                 ,
                 sufficient
                 indefeasible
                 of
                 and
                 in
                 all
                 those
                 Parcels
                 of
                 Marsh-land
                 lying
                 in
                 Wapping-marsh
                 ,
                 that
                 is
                 to
                 say
                 ,
                 all
                 that
                 with
                 Six
                 Acres
                 of
                 Marsh
                 ,
                 now
                 in
                 the
                 Tenure
                 or
                 Occupation
                 of
                 one
                 Knevett
                 ,
                 or
                 his
                 Assignes
                 and
                 all
                 those
                 lying
                 in
                 the
                 East
                 and
                 in
                 the
                 Tenure
                 of
                 one
                 Miller
                 ,
                 that
                 is
                 to
                 say
                 ,
                 all
                 the
                 Bank
                 containing
                 by
                 estimation
                 three
                 Acres
                 and
                 an
                 half
                 ,
                 and
                 all
                 those
                 next
                 adjoining
                 ,
                 by
                 Measure
                 six
                 Acres
                 or
                 more
                 and
                 two
                 Acres
                 by
                 Estimation
                 of
                 Measure
                 ,
                 lying
                 in
                 the
                 Bottom
                 of
                 the
                 Lynches
                 ,
                 and
                 reacheth
                 from
                 the
                 Lynches
                 to
                 the
                 Island
                 by
                 the
                 Pond
                 ;
                 and
                 also
                 all
                 that
                 Parcel
                 divided
                 into
                 twain
                 six
                 Acres
                 ,
                 and
                 also
                 that
                 holds
                 in
                 his
                 own
                 Hands
                 ,
                 that
                 is
                 to
                 say
                 ,
                 all
                 that
                 Parcel
                 with
                 the
                 Island
                 and
                 Pond
                 ,
                 containing
                 by
                 Estimation
                 of
                 Measure
                 five
                 Acres
                 and
                 of
                 ,
                 and
                 in
                 all
                 those
                 Parcels
                 lying
                 on
                 the
                 West
                 side
                 of
                 the
                 Pond
                 containing
                 in
                 the
                 whole
                 sixteen
                 Acres
                 by
                 Measure
                 ,
                 all
                 which
                 said
                 16
                 Acres
                 to
                 Gravel-Lane
                 ,
                 the
                 said
                 
                   Richard
                   Hill
                
                 had
                 in
                 his
                 own
                 Occupation
                 reaching
                 to
                 Gravel-Lane
                 ,
                 sometime
                 plowed
                 and
                 sown
                 by
                 one
                 
                   Richard
                   Clayton
                
                 ,
                 and
                 now
                 in
                 the
                 Occupation
                 of
                 one
                 Cooper
                 ,
                 Butcher
                 ,
                 and
                 lying
                 on
                 the
                 East
                 side
                 of
                 Gravel-lane
                 towards
                 London
                 Fields
                 which
                 was
                 conveyed
                 to
                 him
                 from
                 one
                 
                   Richard
                   Tyrrell
                
                 ,
                 and
                 also
                 all
                 that
                 Marsh
                 in
                 the
                 Tenure
                 of
                 one
                 Clayton
                 ,
                 Butcher
                 one
                 
                   William
                   Cound
                
                 ,
                 Butcher
                 ,
                 seventeen
                 Acres
                 and
                 of
                 
                   Edward
                   Ash
                
                 ,
                 four
                 Acres
                 ,
                 and
                 also
                 all
                 the
                 Lands
                 ,
                 Tenements
                 ,
                 Rents
                 ,
                 Houses
                 ,
                 Ponds
                 ,
                 Fishings
                 ,
                 Mills
                 to
                 the
                 Low
                 Water-mark
                 of
                 the
                 River
                 of
                 Thames
                 ,
                 and
                 all
                 Trees
                 For
                 the
                 appeasing
                 all
                 Variances
                 and
                 Suits
                 ,
                 the
                 said
                 Parties
                 to
                 this
                 Indenture
                 have
                 fully
                 condescended
                 and
                 agreed
                 in
                 Form
                 following
                 ;
                 that
                 is
                 to
                 say
                 ,
                 the
                 said
                 
                   Iasper
                   Hill
                
                 ,
                 for
                 the
                 Sum
                 of
                 1200
                 l.
                 of
                 lawful
                 Money
                 of
                 England
                 ,
                 in
                 which
                 he
                 acknowledgeth
                 himself
                 to
                 be
                 truly
                 indebted
                 to
                 the
                 said
                 Marcheline
                 and
                 
                   Iohn
                   Stepkin
                
                 ,
                 doth
                 give
                 ,
                 grant
                 ,
                 bargain
                 ,
                 sell
                 to
                 the
                 said
                 Marcheline
                 and
                 
                   Iohn
                   Stepkin
                
                 all
                 the
                 said
                 Marsh-ground
                 lying
                 in
                 Wapping-marsh
                 ,
                 with
                 all
                 manner
                 of
                 Lands
                 ,
                 Tenements
                 Forelands
                 ,
                 Ways
                 ,
                 Trees
                 to
                 the
                 Low
                 Water-mark
                 with
                 the
                 Appurtenances
                 lying
                 and
                 being
                 in
                 without
                 or
                 elsewhere
                 within
                 the
                 Parishes
                 their
                 Heirs
                 and
                 Assignes
                 for
                 ever
                 ,
                 all
                 the
                 Right
                 ,
                 Title
                 together
                 with
                 all
                 Evidences
                 and
                 Writings
                 discharged
                 of
                 all
                 former
                 Charges
                 ,
                 Incumberances
                 by
                 the
                 said
                 
                   Iasper
                   Hill
                
                 —
              
            
             
               
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Next
                 we
                 shall
                 shew
                 that
                 
                   Marcellus
                   Hall
                
                 ,
                 that
                 had
                 this
                 long
                 Lease
                 ,
                 and
                 had
                 demised
                 the
                 seven
                 Acres
                 down
                 from
                 Shadwell
                 to
                 Roper
                 ,
                 doth
                 on
                 the
                 14th
                 of
                 Nov.
                 in
                 the
                 5th
                 and
                 6th
                 Years
                 of
                 Phil.
                 and
                 Mary
                 ,
                 surrender
                 the
                 remaining
                 four
                 Acres
                 to
                 
                   Thomas
                   Stepkin
                
                 ,
                 and
                 then
                 we
                 shall
                 shew
                 it
                 was
                 demised
                 to
                 Fox
                 ,
                 who
                 was
                 the
                 first
                 Builder
                 ,
                 and
                 made
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Your
                 Lordship
                 doth
                 observe
                 that
                 the
                 License
                 was
                 to
                 assigne
                 the
                 whole
                 eleven
                 Acres
                 and
                 an
                 Half
                 ,
                 but
                 he
                 did
                 assigne
                 but
                 seven
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 [
                 Reads
                 .
                 ]
              
               
                 This
                 is
                 dated
                 in
                 the
                 14th
                 of
                 November
                 in
                 the
                 5th
                 and
                 6th
                 Years
                 of
                 King
                 Philip
                 and
                 Queen
                 Mary
                 .
              
               
                 To
                 all
                 to
                 whom
                 this
                 present
                 Writing
                 shall
                 come
                 ;
                 I
                 
                   Marcellus
                   Hall
                
                 of
                 Ratcliff
                 ,
                 Miller
                 ,
                 send
                 greeting
                 in
                 our
                 Lord
                 God
                 Everlasting
                 .
                 Whereas
                 
                   Thomas
                   Stepkins
                
                 hath
                 by
                 his
                 Indenture
                 dated
                 the
                 20th
                 Day
                 of
                 April
                 ,
                 in
                 the
                 6th
                 Year
                 of
                 King
                 Edward
                 VI.
                 lett
                 to
                 me
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 on
                 the
                 West
                 side
                 with
                 the
                 Thames
                 Wall
                 thereto
                 belonging
                 ,
                 with
                 the
                 Foreland
                 and
                 Soyle
                 for
                 One
                 Hundred
                 and
                 Twenty
                 and
                 Eight
                 Years
                 ;
                 Know
                 ye
                 ,
                 that
                 I
                 the
                 said
                 
                   Marcellus
                   Hall
                
                 ,
                 for
                 the
                 Sum
                 of
                 30
                 l.
                 of
                 good
                 and
                 lawful
                 Money
                 of
                 England
                 in
                 hand
                 paid
                 have
                 by
                 these
                 Presents
                 remised
                 ,
                 released
                 ,
                 and
                 absolutely
                 confirmed
                 to
                 the
                 said
                 
                   Iohn
                   Stepkin
                
                 ,
                 his
                 Heirs
                 ,
                 Executors
                 and
                 Assignes
                 ,
                 all
                 such
                 Estate
                 ,
                 Right
                 ,
                 Title
                 ,
                 Interest
                 ,
                 Term
                 of
                 Years
                 ,
                 Estate
                 ,
                 Property
                 ,
                 Claim
                 and
                 Demand
                 ,
                 which
                 I
                 ,
                 or
                 any
                 Person
                 to
                 my
                 Use
                 ,
                 have
                 ,
                 or
                 ought
                 to
                 have
                 ,
                 or
                 at
                 any
                 time
                 shall
                 to
                 have
                 in
                 ,
                 or
                 to
                 four
                 Acres
                 of
                 Marsh-Ground
                 abutting
                 East
                 on
                 the
                 Green
                 Bank
                 ,
                 or
                 Way
                 through
                 ,
                 Six
                 Acres
                 leading
                 up
                 to
                 Ratcliff-Way
                 ,
                 which
                 Way
                 adjoineth
                 to
                 the
                 West
                 side
                 of
                 the
                 Lands
                 in
                 the
                 occupying
                 of
                 Roper
                 ,
                 which
                 said
                 Lands
                 was
                 made
                 over
                 with
                 the
                 Leave
                 and
                 License
                 of
                 the
                 said
                 
                   Thomas
                   Stepkins
                
                 ,
                 to
                 the
                 Right
                 Worshipful
                 for
                 the
                 Term
                 of
                 Ninety
                 Three
                 Years
                 ;
                 and
                 West
                 on
                 the
                 Field
                 in
                 the
                 occupying
                 of
                 
                   Iohn
                   North
                
                 on
                 the
                 Lynches
                 ,
                 and
                 South
                 of
                 in
                 or
                 to
                 the
                 Thames
                 Wall
                 abutting
                 East
                 ,
                 on
                 the
                 South-West
                 Way
                 ,
                 as
                 aforesaid
                 down
                 to
                 the
                 Low
                 Water-mark
                 of
                 the
                 River
                 of
                 Thames
                 So
                 that
                 neither
                 I
                 ,
                 my
                 Executors
                 ,
                 or
                 Assignes
                 any
                 Right
                 ,
                 Claim
                 ,
                 Demand
                 or
                 any
                 part
                 thereof
                 but
                 from
                 all
                 shall
                 be
                 utterly
                 excluded
                 and
                 debarred
                 for
                 Ever
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Here
                 is
                 a
                 Fine
                 levied
                 ,
                 
                   Quin
                   '
                   Trin
                   '
                
                 3
                 Eliz.
                 they
                 had
                 best
                 ask
                 where
                 that
                 was
                 found
                 too
                 :
                 Is
                 not
                 that
                 forged
                 ?
              
            
             
               The
               Fine
               was
               read
               .
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Here
                 is
                 a
                 Recovery
                 also
                 ,
                 and
                 a
                 Deed
                 to
                 lead
                 the
                 Uses
                 .
                 In
                 which
                 Recovery
                 the
                 Tenants
                 vouch
                 
                   Iasper
                   Hill
                
                 ,
                 who
                 voucheth
                 over
                 the
                 common
                 Vouchee
                 .
              
            
             
               The
               Recovery
               was
               read
               .
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 your
                 Deed
                 to
                 lead
                 the
                 Uses
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 Reads
                 .
                 ]
              
               
                 This
                 Indenture
                 made
                 the
                 12th
                 Day
                 of
                 May
                 ,
                 in
                 the
                 4th
                 Year
                 of
                 the
                 Reign
                 of
                 our
                 Sovereign
                 Lady
                 Elizabeth
                 ,
                 by
                 the
                 Grace
                 of
                 God
                 ,
                 Queen
                 of
                 
                   England
                   ,
                   France
                
                 and
                 Ireland
                 ;
                 Defender
                 of
                 the
                 Faith
                 ,
                 &c.
                 
                 Between
                 
                   Marcheline
                   Stepkin
                
                 of
                 the
                 one
                 Party
                 ;
                 and
                 
                   Edward
                   Buggin
                
                 Where
                 it
                 was
                 concluded
                 ,
                 fully
                 condescended
                 and
                 agreed
                 between
                 the
                 Parties
                 to
                 this
                 Indenture
                 ,
                 that
                 they
                 the
                 said
                 
                   Edward
                   Buggin
                
                 should
                 in
                 the
                 Term
                 of
                 the
                 Holy
                 Trinity
                 recover
                 to
                 them
                 by
                 Writ
                 of
                 
                   Entry
                   sur
                   Disseisin
                   in
                   le
                   Post
                   ,
                
                 to
                 be
                 had
                 against
                 the
                 said
                 Macheline
                 and
                 Iohn
                 ,
                 before
                 the
                 Queen's
                 Majesty
                 ,
                 Justices
                 of
                 the
                 Common
                 Pleas
                 at
                 Westminster
                 ,
                 for
                 that
                 time
                 ,
                 being
                 according
                 to
                 the
                 Use
                 of
                 former
                 Recoveries
                 One
                 Hundred
                 Acres
                 of
                 fresh
                 Marsh
                 ,
                 within
                 the
                 Parishes
                 ,
                 Towns
                 ,
                 Fields
                 And
                 it
                 was
                 fully
                 agreed
                 between
                 the
                 said
                 Parties
                 ,
                 that
                 the
                 said
                 Recovery
                 should
                 be
                 to
                 the
                 Uses
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Mr.
                 Banister
                 ,
                 Pray
                 ,
                 Sir
                 ,
                 look
                 upon
                 this
                 Deed
                 ,
                 and
                 see
                 whether
                 your
                 Name
                 be
                 to
                 that
                 Deed
                 or
                 no.
                 
              
            
             
               [
               Shewing
               him
               the
               Surrender
               of
               Hall.
               
            
             
               
                 Banister
                 .
              
               
                 This
                 is
                 my
                 Name
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 Mr.
                 
                 Knowles's
                 Hand
                 to
                 that
                 Deed
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 cannot
                 tell
                 .
              
            
             
               
                 M.S.
                 Pemberton
                 .
              
               
                 Did
                 not
                 he
                 and
                 you
                 put
                 your
                 Hands
                 together
                 to
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 did
                 not
                 make
                 it
                 ,
                 I
                 did
                 not
                 forge
                 it
                 .
              
            
             
               
                 M.S.
                 Pemberton
                 .
              
               
                 No
                 ,
                 I
                 do
                 not
                 think
                 you
                 did
                 ,
                 you
                 have
                 not
                 Brains
                 to
                 do
                 it
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Where
                 did
                 you
                 find
                 that
                 Deed
                 ?
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 How
                 came
                 you
                 to
                 put
                 your
                 Hand
                 to
                 it
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 it
                 one
                 of
                 the
                 Deeds
                 of
                 Purchase
                 ?
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Yes
                 ,
                 it
                 is
                 ,
                 and
                 therefore
                 we
                 would
                 know
                 since
                 
                 Knowles's
                 Name
                 is
                 to
                 it
                 ,
                 how
                 it
                 came
                 there
                 .
              
            
             
               
               
                 L.C.I.
                 
              
               
                 Is
                 it
                 the
                 Surrender
                 made
                 by
                 
                   Marcellus
                   Hall
                
                 to
                 
                   Iohn
                   Stepkin
                
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Yes
                 ,
                 my
                 Lord
                 it
                 is
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Let
                 me
                 see
                 it
                 .
                 —
                 His
                 Name
                 I
                 believe
                 has
                 been
                 there
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Do
                 you
                 know
                 any
                 thing
                 of
                 the
                 rasing
                 of
                 it
                 out
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 No
                 not
                 I.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 You
                 Knowles
                 were
                 you
                 at
                 the
                 finding
                 of
                 that
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 set
                 my
                 Hand
                 to
                 none
                 but
                 what
                 I
                 found
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 But
                 what
                 do
                 you
                 say
                 to
                 that
                 Deed
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 I
                 do
                 not
                 remember
                 this
                 Deed
                 at
                 all
                 ,
                 I
                 cannot
                 say
                 any
                 thing
                 to
                 it
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Was
                 your
                 Name
                 to
                 it
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Here
                 is
                 my
                 Name
                 ,
                 but
                 I
                 do
                 not
                 know
                 who
                 put
                 it
                 there
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Is
                 that
                 your
                 Writing
                 Banister
                 .
              
            
             
               
                 Banister
                 .
              
               
                 That
                 on
                 the
                 back
                 side
                 is
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Look
                 into
                 your
                 Note
                 ,
                 that
                 you
                 may
                 not
                 outrun
                 yourself
                 .
                 Why
                 did
                 you
                 set
                 your
                 Hand
                 to
                 it
                 ?
              
            
             
               
                 Banister
                 .
              
               
                 I
                 suppose
                 it
                 was
                 one
                 of
                 the
                 Deeds
                 found
                 there
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 should
                 it
                 come
                 there
                 ,
                 it
                 belonged
                 to
                 the
                 Purchasor
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Now
                 we
                 shall
                 go
                 to
                 matter
                 of
                 Record
                 again
                 .
                 
                   Richard
                   Hill
                
                 it
                 seems
                 before
                 the
                 Lease
                 made
                 to
                 
                   Marcellus
                   Hall
                
                 ,
                 entred
                 into
                 a
                 Recognizance
                 in
                 4
                 Eliz.
                 this
                 is
                 extended
                 ,
                 and
                 that
                 will
                 shew
                 it
                 to
                 be
                 Richard
                 Hills's
                 Estate
                 .
              
            
             
               
                 Mr.
                 Powis
                 .
              
               
                 Can
                 you
                 object
                 any
                 Forgery
                 of
                 Records
                 ,
                 pray
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Pray
                 Sir
                 look
                 upon
                 that
                 
                   (
                   to
                   the
                   Witness
                
                 )
                 where
                 did
                 you
                 Examine
                 that
                 ?
              
            
             
               
                 Witness
                 .
              
               
                 I
                 examined
                 this
                 at
                 the
                 Rolls
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Is
                 it
                 a
                 true
                 Copy
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Witness
                 .
              
               
                 It
                 is
                 .
              
            
             
               
                 L.C.I.
                 
              
               
                 Read
                 it
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 This
                 is
                 Tested
                 at
                 Westminster
                 17
                 Ian.
                 4
                 Eliz.
                 And
                 here
                 is
                 an
                 Inquisition
                 taken
                 the
                 6
                 th
                 of
                 April
                 in
                 the
                 same
                 year
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 will
                 read
                 that
                 part
                 of
                 the
                 Inquisition
                 that
                 concerns
                 our
                 Question
                 ,
                 for
                 the
                 East
                 bound
                 is
                 only
                 in
                 question
                 now
                 .
              
            
             
               (
               It
               was
               read
               .
               )
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 this
                 produced
                 at
                 the
                 former
                 Tryal
                 ,
                 the
                 first
                 Tryal
                 .
              
            
             
               
                 Sutton
                 .
              
               
                 No
                 ,
                 I
                 think
                 not
                 in
                 Michaelmas
                 Term.
                 
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Then
                 we
                 shall
                 shew
                 an
                 Inquisition
                 upon
                 a
                 Commission
                 of
                 Sewers
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 The
                 Land
                 in
                 question
                 is
                 every
                 foot
                 of
                 it
                 in
                 the
                 Marsh
                 ,
                 and
                 that
                 they
                 must
                 acknowledge
                 they
                 have
                 no
                 Title
                 to
                 it
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 This
                 is
                 an
                 Inquisition
                 which
                 they
                 produce
                 taken
                 before
                 a
                 Commission
                 of
                 Sewers
                 .
                 I
                 desire
                 to
                 know
                 how
                 that
                 comes
                 to
                 lye
                 in
                 a
                 private
                 Hand
                 ,
                 for
                 it
                 is
                 the
                 original
                 Inquisition
                 ,
                 and
                 ought
                 to
                 remain
                 with
                 the
                 Officer
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 The
                 whole
                 Interest
                 of
                 the
                 Marsh
                 was
                 ours
                 ,
                 therefore
                 it
                 might
                 well
                 be
                 left
                 with
                 us
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Under
                 favour
                 ,
                 good
                 Mr.
                 Attorney
                 ,
                 such
                 things
                 should
                 be
                 kept
                 by
                 the
                 Clerk
                 to
                 the
                 Commissioners
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 many
                 Tryals
                 has
                 this
                 been
                 produced
                 at
                 ?
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 With
                 submission
                 my
                 Lord
                 ,
                 this
                 that
                 they
                 produce
                 being
                 an
                 Original
                 ,
                 may
                 very
                 well
                 come
                 under
                 great
                 suspicion
                 ,
                 in
                 regard
                 it
                 ought
                 to
                 be
                 brought
                 in
                 by
                 the
                 Officer
                 ,
                 in
                 whose
                 Custody
                 it
                 ought
                 to
                 remain
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 It
                 is
                 not
                 a
                 thing
                 of
                 bare
                 Interest
                 between
                 Party
                 and
                 Party
                 ,
                 but
                 a
                 thing
                 that
                 concerns
                 the
                 Publick
                 ,
                 and
                 therefore
                 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
                 is
                 not
                 material
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 true
                 ;
                 But
                 it
                 was
                 read
                 the
                 last
                 time
                 ,
                 I
                 find
                 by
                 my
                 Notes
                 .
              
            
             
               
                 Clerk.
                 
              
               
                 This
                 is
                 a
                 Bond
                 of
                 300
                 l.
                 The
                 Condition
                 of
                 this
                 Obligation
                 is
                 such
                 ,
                 that
                 whereas
                 one
                 Recognizance
                 made
                 and
                 entered
                 into
                 by
                 
                   Richard
                   Hill
                
                 3
                 Dec.
                 in
                 the
                 32th
                 Year
                 of
                 the
                 late
                 King
                 Henry
                 VIII
                 .
                 taken
                 and
                 acknowledged
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 There
                 is
                 enough
                 ,
                 for
                 it
                 makes
                 not
                 at
                 all
                 to
                 the
                 purpose
                 ,
                 but
                 to
                 confirm
                 the
                 Belief
                 of
                 our
                 Purchase
                 .
                 Here
                 is
                 also
                 Iasper
                 Hill's
                 Receipt
                 of
                 the
                 Purchase
                 Money
                 .
              
            
             
               
                 Clerk
                 
              
               
                 Reads
                 .
              
               
                 This
                 is
                 dated
                 the
                 28th
                 of
                 Ianuary
                 ,
                 in
                 the
                 13th
                 Year
                 of
                 Queen
                 Elizabeth
                 .
                 Be
                 it
                 known
                 unto
                 all
                 Men
                 by
                 these
                 Presents
                 ,
                 that
                 I
                 
                   Iasper
                   Hill
                
                 of
                 Wormley
                 have
                 had
                 before
                 the
                 ensealing
                 hereof
                 ,
                 of
                 Macheline
                 and
                 
                   Iohn
                   Stepkins
                
                 for
                 the
                 discharge
                 of
                 a
                 certain
                 Statute
                 the
                 full
                 Summ
                 of
                 1338
                 l.
                 of
                 lawful
                 Money
                 of
                 England
                 ,
                 in
                 full
                 Satisfaction
                 and
                 Payment
                 of
                 all
                 such
                 Purchase
                 Moneys
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Then
                 the
                 16th
                 of
                 Aug.
                 13
                 
                   Iacobi
                   ,
                   Fox
                
                 ,
                 conveyed
                 to
                 
                   Iohn
                   Stepkins
                
                 ;
                 but
                 that
                 is
                 left
                 at
                 home
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 ,
                 then
                 there
                 is
                 an
                 End
                 of
                 that
                 ,
                 what
                 do
                 you
                 do
                 next
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 have
                 done
                 with
                 our
                 Evidence
                 by
                 Deeds
                 and
                 by
                 Records
                 ,
                 and
                 now
                 we
                 shall
                 come
                 to
                 our
                 Evidence
                 by
                 Witnesses
                 ,
                 
                   Viva
                   Voce
                
                 .
                 And
                 first
                 we
                 shall
                 begin
                 with
                 Mr.
                 Knowles
                 ,
                 who
                 will
                 will
                 prove
                 the
                 Value
                 of
                 the
                 Land
                 by
                 the
                 Rents
                 ,
                 and
                 particularly
                 what
                 the
                 Rents
                 are
                 of
                 Derrick-Hills
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Prove
                 what
                 you
                 will.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Mr.
                 Knowles
                 ,
                 have
                 you
                 received
                 the
                 Dean's
                 Rents
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 For
                 the
                 use
                 of
                 Mr.
                 Neale
                 I
                 have
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 are
                 the
                 Rents
                 of
                 the
                 East
                 side
                 of
                 Cock-Hill
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 About
                 100
                 l.
                 a
                 Year
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 What
                 are
                 they
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Houses
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 All
                 Houses
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Some
                 Houses
                 ,
                 some
                 Ground
                 Rents
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 is
                 the
                 Rack
                 Rent
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 About
                 100
                 l.
                 Year
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Which
                 Houses
                 do
                 you
                 speak
                 of
                 ,
                 Mr.
                 Knowles
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 On
                 the
                 East
                 side
                 of
                 Cock-hill
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 the
                 Lynches
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ,
                 I
                 do
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Who
                 receives
                 the
                 Rents
                 of
                 that
                 Ground
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Mr.
                 Neale
                 did
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Have
                 you
                 received
                 the
                 Rents
                 of
                 the
                 Twenty
                 Acres
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 ;
                 for
                 Mr.
                 Neale
                 I
                 have
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 These
                 Three
                 together
                 ,
                 what
                 are
                 they
                 all
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 About
                 2000
                 l.
                 a
                 Year
                 .
              
            
             
               
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 All
                 this
                 the
                 Church
                 of
                 Pauls
                 has
                 besides
                 the
                 Lands
                 in
                 Question
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 You
                 say
                 that
                 part
                 is
                 worth
                 100
                 l.
                 a
                 Year
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 How
                 much
                 Land
                 might
                 it
                 contain
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 It
                 is
                 a
                 matter
                 of
                 the
                 length
                 of
                 the
                 Hall.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 how
                 broad
                 is
                 it
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Not
                 very
                 broad
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Now
                 then
                 to
                 come
                 to
                 the
                 Lands
                 in
                 Question
                 .
                 Do
                 you
                 know
                 Marriners-street
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Who
                 is
                 in
                 Possession
                 of
                 that
                 ,
                 and
                 receives
                 the
                 Rents
                 of
                 it
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Mr.
                 Neale
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 say
                 you
                 to
                 Griffins-Alley
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 Some
                 of
                 it
                 is
                 in
                 Mortgage
                 ;
                 Mr.
                 Babington
                 had
                 it
                 ,
                 but
                 for
                 Mr.
                 
                 Neale's
                 Use.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 say
                 you
                 to
                 the
                 Water-house
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 That
                 Mr.
                 Neale
                 himself
                 has
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 These
                 are
                 the
                 things
                 in
                 Question
                 .
                 Do
                 you
                 know
                 that
                 which
                 is
                 called
                 New
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 That
                 is
                 Mr.
                 
                 Neale's
                 too
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Our
                 Lease
                 of
                 128
                 Years
                 expired
                 but
                 in
                 the
                 Year
                 1680.
                 and
                 we
                 could
                 not
                 come
                 at
                 it
                 till
                 then
                 :
                 and
                 we
                 had
                 it
                 not
                 till
                 1682.
                 and
                 that
                 answereth
                 their
                 Possession
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Now
                 we
                 shall
                 call
                 our
                 Witnesses
                 to
                 prove
                 it
                 Marsh-Ground
                 .
                 Swear
                 
                   Thomas
                   Hughes
                
                 —
                 
                   [
                   Which
                   was
                   done
                   .
                   ]
                
                 —
                 Do
                 you
                 know
                 Wapping-Marsh
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 the
                 Houses
                 in
                 Question
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Which
                 Houses
                 ?
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 The
                 Houses
                 now
                 in
                 Suit
                 for
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Yes
                 ,
                 I
                 do
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 have
                 you
                 known
                 them
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 There
                 was
                 no
                 Houses
                 when
                 I
                 knew
                 it
                 first
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 Cock-hill
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 Foxes-lane
                 ?
              
            
             
               
                 Hughes
                 ,
              
               
                 Yes
                 ;
                 I
                 did
                 know
                 it
                 before
                 it
                 was
                 built
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 the
                 Houses
                 that
                 lay
                 on
                 the
                 East
                 side
                 of
                 Foxes-lane
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 What
                 Houses
                 there
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 any
                 Houses
                 there
                 formerly
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 I
                 know
                 not
                 what
                 you
                 mean.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 I
                 ask
                 you
                 again
                 ,
                 do
                 you
                 know
                 Foxes-lane
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Yes
                 ,
                 it
                 was
                 a
                 Bank
                 before
                 it
                 was
                 built
                 .
              
            
             
               
                 Mr.
                 Powis
                 .
              
               
                 Do
                 you
                 know
                 the
                 Lynches
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Nay
                 ,
                 let
                 us
                 ask
                 but
                 one
                 at
                 once
                 ,
                 pray
                 .
                 I
                 will
                 ask
                 you
                 a
                 plain
                 Question
                 ;
                 Did
                 you
                 know
                 the
                 Marsh
                 before
                 it
                 was
                 built
                 upon
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Yes
                 ,
                 Sir
                 ,
                 that
                 I
                 did
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 far
                 did
                 the
                 Marsh-Ground
                 go
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 To
                 Cock-hill
                 Eastward
                 ,
                 as
                 far
                 as
                 the
                 broad
                 Bridge
                 ;
                 Westward
                 as
                 far
                 as
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 that
                 all
                 Marsh-Ground
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 The
                 River
                 of
                 Thames
                 did
                 flow
                 round
                 about
                 it
                 ,
                 and
                 there
                 were
                 Boggs
                 ,
                 Trees
                 and
                 Bushes
                 ,
                 and
                 such
                 things
                 .
              
            
             
               
                 Mr.
                 S.
                 Lutwich
                 .
              
               
                 Did
                 you
                 know
                 the
                 place
                 where
                 Ratcliff-Mill
                 stood
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 According
                 to
                 report
                 I
                 did
                 .
              
            
             
               
                 Mr.
                 S.
                 Lutwich
                 .
              
               
                 Ay
                 ,
                 where
                 was
                 that
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Just
                 at
                 Bell-wharf
                 .
              
            
             
               
                 Mr.
                 S.
                 Lutwich
                 .
              
               
                 Upon
                 which
                 side
                 of
                 Cock-hill
                 ?
              
            
             
               
                 Hewes
                 .
              
               
                 In
                 Shadwell-Hamlet
                 .
              
            
             
               
                 Mr.
                 At.
                 Gen.
                 
              
               
                 That
                 is
                 right
                 .
              
            
             
               
                 Mr.
                 Powis
                 .
              
               
                 Was
                 that
                 like
                 the
                 other
                 end
                 of
                 the
                 Marsh
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 The
                 River
                 came
                 in
                 there
                 wholly
                 .
              
            
             
               
                 Mr.
                 S.
                 Lutwich
                 .
              
               
                 At
                 high
                 Flood
                 doth
                 the
                 Water
                 come
                 in
                 there
                 at
                 this
                 time
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 It
                 did
                 at
                 every
                 Tide
                 high
                 and
                 low
                 formerly
                 ,
                 now
                 it
                 is
                 dam'd
                 up
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 the
                 Tide
                 come
                 up
                 to
                 that
                 you
                 call
                 Foxes-lane
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 Yes
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 that
                 makes
                 an
                 end
                 of
                 the
                 Question
                 :
                 it
                 cannot
                 be
                 as
                 you
                 say
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 so
                 ,
                 my
                 Lord
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 could
                 it
                 be
                 an
                 overshot
                 Mill
                 ?
                 how
                 could
                 the
                 Mill
                 be
                 turned
                 but
                 with
                 the
                 Tide
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Their
                 Evidence
                 makes
                 it
                 appear
                 such
                 by
                 the
                 Leaden
                 Trough
                 ,
                 which
                 is
                 an
                 Instrument
                 belonging
                 only
                 to
                 an
                 Over-shot
                 Mill.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Tell
                 not
                 me
                 of
                 the
                 Leaden
                 Trough
                 ,
                 Mr.
                 Attorney
                 ;
                 look
                 you
                 upon
                 the
                 Survey
                 you
                 produced
                 ,
                 and
                 take
                 Notice
                 of
                 the
                 last
                 Paragraph
                 ,
                 and
                 there
                 you
                 will
                 find
                 the
                 Words
                 
                   Prox
                   '
                   adjacent
                   '
                   cuidam
                   Tenemento
                   ,
                   &c.
                   
                
                 What
                 make
                 you
                 of
                 that
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 ,
                 my
                 Lord
                 ,
                 let
                 it
                 be
                 read
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 will
                 in
                 the
                 mean
                 time
                 ask
                 your
                 Witness
                 a
                 Question
                 .
                 Friend
                 ,
                 thou
                 seemest
                 to
                 
                 be
                 a
                 Man
                 that
                 understands
                 something
                 .
                 Thou
                 sayst
                 Foxes-Idne
                 was
                 a
                 Bank
                 before
                 it
                 was
                 built
                 ,
                 and
                 the
                 Tide
                 before
                 that
                 time
                 came
                 up
                 to
                 that
                 Bank
                 ,
                 both
                 high
                 and
                 low
                 .
                 Now
                 suppose
                 there
                 had
                 been
                 a
                 Mill
                 in
                 that
                 Ground
                 ,
                 how
                 should
                 it
                 have
                 been
                 driven
                 ?
              
            
             
               
                 Hughes
                 .
              
               
                 I
                 will
                 tell
                 your
                 Honour
                 ;
                 my
                 Lord
                 ,
                 by
                 Report
                 ,
                 and
                 I
                 suppose
                 it
                 may
                 be
                 true
                 ;
                 the
                 Mill
                 stood
                 all
                 the
                 Tide
                 of
                 Flood
                 ,
                 and
                 when
                 the
                 Flood
                 was
                 at
                 High-Water
                 ,
                 there
                 was
                 a
                 Dam
                 which
                 kept
                 it
                 in
                 ,
                 and
                 it
                 went
                 out
                 again
                 at
                 Ebb-Tide
                 ,
                 and
                 so
                 the
                 Mill
                 was
                 drove
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 There
                 is
                 your
                 Overshot
                 Mill
                 gone
                 then
                 ,
                 Mr.
                 Atorney
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 If
                 ever
                 Seven
                 or
                 Eight
                 Acres
                 of
                 Gound
                 can
                 be
                 the
                 Appurtenances
                 of
                 a
                 Mill
                 ,
                 I
                 should
                 much
                 wonder
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Mr
                 Attorney
                 ,
                 I
                 can
                 tell
                 you
                 of
                 a
                 Mill
                 over
                 against
                 this
                 Place
                 ,
                 which
                 I
                 my self
                 ,
                 and
                 we
                 all
                 can
                 remember
                 .
                 All
                 the
                 Estate
                 about
                 it
                 was
                 in
                 the
                 Traps
                 Family
                 ,
                 he
                 was
                 a
                 Gentleman
                 of
                 our
                 House
                 ;
                 all
                 the
                 Water
                 that
                 drives
                 that
                 Mill
                 ,
                 and
                 two
                 or
                 three
                 Mills
                 that
                 serve
                 that
                 side
                 of
                 the
                 River
                 ,
                 is
                 taken
                 in
                 as
                 the
                 Tide
                 comes
                 in
                 ,
                 and
                 is
                 pent
                 in
                 as
                 he
                 says
                 by
                 a
                 Dam
                 ,
                 and
                 when
                 they
                 open
                 that
                 ,
                 the
                 Mill
                 turns
                 back
                 again
                 .
                 For
                 I
                 would
                 sain
                 have
                 all
                 these
                 things
                 that
                 seem
                 to
                 be
                 dark
                 cleared
                 by
                 the
                 way
                 as
                 they
                 go
                 .
                 I
                 will
                 suppose
                 all
                 the
                 Records
                 you
                 have
                 read
                 to
                 be
                 right
                 ,
                 and
                 that
                 it
                 is
                 called
                 Ratcliff-Mill
                 ,
                 and
                 then
                 there
                 is
                 the
                 Mill-bank
                 ,
                 and
                 the
                 Hilly-bank
                 ,
                 and
                 the
                 Hilly-way
                 ;
                 it
                 is
                 plain
                 then
                 there
                 was
                 a
                 Mill-bank
                 ,
                 or
                 a
                 Hilly-bank
                 ,
                 or
                 whatever
                 you
                 call
                 it
                 .
                 It
                 so
                 falls
                 out
                 that
                 the
                 thing
                 now
                 in
                 Question
                 is
                 made
                 plain
                 upon
                 your
                 own
                 Evidence
                 ,
                 there
                 was
                 really
                 Ponds
                 ,
                 and
                 Gutters
                 ,
                 and
                 those
                 things
                 that
                 were
                 to
                 satisfie
                 the
                 Mill
                 :
                 This
                 Mill
                 comes
                 to
                 be
                 plucked
                 down
                 ,
                 and
                 the
                 Ponds
                 and
                 all
                 the
                 Sleuces
                 come
                 now
                 to
                 be
                 built
                 upon
                 :
                 This
                 is
                 not
                 like
                 your
                 Marsh
                 Ground
                 that
                 is
                 on
                 the
                 Western
                 part
                 of
                 the
                 Bank
                 ,
                 but
                 it
                 is
                 Parcel
                 of
                 Mere
                 or
                 Marsh
                 ,
                 as
                 the
                 Pond
                 and
                 the
                 rest
                 stifled
                 up
                 by
                 those
                 things
                 ,
                 that
                 till
                 such
                 time
                 as
                 the
                 Mill
                 was
                 taken
                 away
                 were
                 Receptacles
                 for
                 to
                 pen
                 up
                 the
                 Water
                 that
                 came
                 in
                 with
                 the
                 Tide
                 .
                 What
                 is
                 the
                 meaning
                 of
                 those
                 Words
                 in
                 the
                 Survey
                 that
                 I
                 spoke
                 of
                 before
                 ,
                 and
                 the
                 several
                 Tenements
                 and
                 Orchards
                 ,
                 and
                 Ponds
                 ,
                 and
                 Sewers
                 ,
                 &c.
                 and
                 all
                 those
                 things
                 .
                 Would
                 you
                 have
                 it
                 that
                 this
                 should
                 all
                 point
                 to
                 the
                 Scite
                 of
                 the
                 Mill
                 ,
                 as
                 though
                 all
                 the
                 Boundaries
                 should
                 extend
                 to
                 the
                 East
                 end
                 of
                 the
                 Mill
                 ?
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 That
                 was
                 the
                 Reason
                 why
                 I
                 asked
                 but
                 now
                 how
                 big
                 the
                 whole
                 was
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 will
                 what
                 you
                 would
                 have
                 ,
                 Mr.
                 Attorney
                 ,
                 a
                 Ditch
                 or
                 two
                 ever
                 answer
                 the
                 Words
                 in
                 the
                 Survey
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Nor
                 will
                 all
                 their
                 Words
                 amount
                 to
                 divers
                 Closes
                 of
                 Ground
                 ,
                 as
                 this
                 must
                 make
                 in
                 the
                 whole
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Their
                 Twenty
                 Acres
                 elsewhere
                 ;
                 answers
                 all
                 they
                 can
                 claim
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 this
                 you
                 yourself
                 say
                 ,
                 is
                 the
                 Derrick-hills
                 ,
                 in
                 the
                 Survey
                 ;
                 and
                 you
                 do
                 take
                 it
                 as
                 soon
                 as
                 the
                 Mill
                 was
                 pulled
                 down
                 in
                 one
                 place
                 ,
                 it
                 was
                 set
                 up
                 in
                 another
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 After
                 he
                 had
                 taken
                 our
                 long
                 Lease
                 he
                 erected
                 one
                 ,
                 we
                 say
                 ,
                 upon
                 our
                 Ground
                 for
                 he
                 had
                 pulled
                 down
                 the
                 old
                 Mill
                 ,
                 and
                 lett
                 that
                 to
                 Carter
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 it
                 is
                 plain
                 that
                 the
                 old
                 Mill
                 and
                 the
                 new
                 Mill
                 were
                 not
                 upon
                 the
                 same
                 Ground
                 from
                 
                 Carter's
                 Lease
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Mr.
                 Sollicitor
                 ,
                 You
                 indeed
                 agree
                 among
                 your selves
                 that
                 it
                 is
                 plain
                 ,
                 but
                 alas
                 the
                 Fact
                 is
                 quite
                 contrary
                 .
              
            
             
               
                 Mr.
                 S.
                 Maynard
                 .
              
               
                 My
                 Lord
                 ,
                 we
                 do
                 make
                 our
                 Argument
                 for
                 the
                 Defendants
                 Title
                 as
                 your
                 Lordship
                 does
                 apprehend
                 it
                 .
                 The
                 Boundaries
                 towards
                 the
                 East
                 is
                 made
                 the
                 Mill
                 and
                 Ratcliff-Town
                 .
                 This
                 place
                 that
                 contains
                 Seven
                 Acres
                 ,
                 though
                 it
                 had
                 Passages
                 for
                 the
                 Water
                 ,
                 is
                 not
                 the
                 Mill
                 ,
                 and
                 it
                 can
                 never
                 be
                 ,
                 that
                 so
                 much
                 Ground
                 can
                 be
                 reckoned
                 to
                 be
                 Lands
                 belonging
                 to
                 the
                 Mill
                 :
                 It
                 is
                 the
                 Mill
                 it self
                 that
                 is
                 the
                 East
                 bound
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 No
                 ,
                 it
                 is
                 the
                 Mill
                 and
                 the
                 Mill
                 Bank
                 ,
                 Brother
                 .
              
            
             
               
                 Mr.
                 S.
                 Maynard
                 .
              
               
                 With
                 Submission
                 ,
                 my
                 Lord
                 ,
                 it
                 is
                 Ratcliff-Mill
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 there
                 no
                 Mill-Bank
                 in
                 any
                 of
                 the
                 Deeds
                 ?
              
            
             
               
                 Mr.
                 S.
                 Maynard
                 .
              
               
                 Not
                 that
                 I
                 remember
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 At
                 the
                 Peril
                 of
                 my
                 Discretion
                 be
                 that
                 ,
                 Brother
                 .
              
            
             
               
                 Mr.
                 S.
                 Maynard
                 .
              
               
                 Take
                 it
                 to
                 be
                 so
                 as
                 your
                 Lordship
                 says
                 ,
                 that
                 there
                 is
                 mention
                 of
                 a
                 Mill-Bank
                 ,
                 that
                 cannot
                 lye
                 East
                 ,
                 for
                 it
                 lyeth
                 in
                 a
                 little
                 Pond
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Good
                 Brother
                 let
                 us
                 not
                 puzzle
                 that
                 which
                 is
                 as
                 plain
                 as
                 that
                 the
                 Sun
                 shines
                 .
                 The
                 controversy
                 is
                 about
                 all
                 the
                 West
                 part
                 of
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 No
                 ,
                 it
                 is
                 the
                 East
                 bound
                 that
                 we
                 contend
                 for
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Mr.
                 Attorney
                 ,
                 if
                 you
                 will
                 mistake
                 the
                 Point
                 I
                 cannot
                 help
                 it
                 ,
                 I
                 assure
                 you
                 I
                 do
                 not
                 .
                 Pray
                 take
                 notice
                 of
                 it
                 ,
                 it
                 is
                 called
                 130
                 Acres
                 in
                 your
                 Act
                 of
                 Parliament
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Yes
                 ,
                 my
                 Lord
                 ,
                 130
                 Acres
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Now
                 then
                 the
                 East
                 of
                 your
                 Land
                 by
                 your
                 own
                 shewing
                 is
                 Mill-Bank
                 ;
                 the
                 East
                 of
                 Mill-Bank
                 is
                 the
                 Mill
                 ,
                 whereas
                 the
                 West
                 part
                 is
                 St.
                 Katherines
                 ,
                 so
                 all
                 your
                 Deeds
                 and
                 Records
                 say
                 but
                 the
                 East
                 part
                 of
                 the
                 Land
                 is
                 Mill-Bank
                 .
              
            
             
               
               
                 Mr.
                 
                   S.
                   Maynard
                
                 .
              
               
                 No
                 ,
                 my
                 Lord
                 ,
                 Ratcliff-Mill
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 I
                 say
                 ,
                 ay
                 ,
                 Brother
                 .
                 Then
                 how
                 broad
                 doth
                 Foxes-lane
                 extend
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 'T
                 is
                 reckoned
                 30
                 Foot
                 in
                 Carter's
                 Lease
                 ,
                 I
                 think
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 a
                 Lease
                 that
                 I
                 perceive
                 there
                 is
                 some
                 controversy
                 about
                 ,
                 therefore
                 I
                 do
                 not
                 so
                 much
                 mind
                 that
                 :
                 It
                 is
                 a
                 Perch
                 of
                 Land
                 I
                 think
                 in
                 some
                 of
                 your
                 Evidences
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 Foxes-lane
                 is
                 ,
                 is
                 the
                 four
                 Acres
                 that
                 were
                 surrender'd
                 ,
                 now
                 that
                 being
                 the
                 West-bound
                 of
                 the
                 eleven
                 Acres
                 ,
                 where
                 then
                 are
                 the
                 other
                 seven
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 the
                 Deed
                 Poll
                 again
                 ,
                 the
                 particulars
                 and
                 Bounds
                 only
                 .
              
            
             
               
                 Clerk
                 
              
               
                 [
                 Reads
                 .
                 ]
              
               
                 All
                 those
                 my
                 four
                 and
                 twenty
                 Acres
                 and
                 an
                 half
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 The
                 East
                 Bound
                 your
                 Lordship
                 sees
                 is
                 the
                 Mill
                 :
                 Now
                 your
                 Lordship
                 makes
                 an
                 Objection
                 ,
                 that
                 if
                 it
                 were
                 as
                 we
                 say
                 ,
                 an
                 Overshot
                 Mill
                 ,
                 it
                 could
                 not
                 have
                 been
                 driven
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Do
                 not
                 ,
                 pray
                 ,
                 make
                 any
                 silly
                 Objection
                 for
                 me
                 ,
                 and
                 then
                 think
                 to
                 answer
                 it
                 .
                 I
                 tell
                 you
                 I
                 do
                 say
                 ,
                 that
                 it
                 is
                 impossible
                 there
                 could
                 be
                 any
                 Mill
                 there
                 ,
                 but
                 a
                 Tide-Mill
                 :
                 The
                 thing
                 is
                 as
                 plain
                 ,
                 Mr.
                 Att.
                 as
                 any
                 thing
                 in
                 the
                 World
                 can
                 be
                 Go
                 on
                 with
                 your
                 Evidence
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Pray
                 swear
                 
                   Iohn
                   Somerly
                
                 —
                 
                   [
                   Which
                   was
                   done
                   ]
                
                 —
                 How
                 long
                 have
                 .
                 you
                 known
                 the
                 Place
                 in
                 Question
                 ?
              
            
             
               
                 Somerly
                 .
              
               
                 I
                 have
                 known
                 it
                 about
                 27
                 or
                 28
                 Years
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 where
                 the
                 Mill
                 stood
                 ,
                 or
                 was
                 reported
                 to
                 stand
                 .
              
            
             
               
                 Somerly
                 .
              
               
                 I
                 know
                 where
                 it
                 was
                 reported
                 to
                 stand
                 ,
                 but
                 I
                 never
                 knew
                 the
                 Mill
                 my self
                 ,
                 it
                 was
                 demolished
                 before
                 my
                 time
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 was
                 it
                 reported
                 to
                 stand
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 As
                 it
                 was
                 reported
                 ,
                 it
                 stood
                 about
                 half
                 the
                 length
                 of
                 the
                 Hall
                 off
                 the
                 Bank
                 ,
                 rather
                 leaning
                 to
                 the
                 River
                 of
                 Thames
                 than
                 the
                 High-way
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 was
                 the
                 way
                 to
                 the
                 Mill
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 At
                 Cock-hill
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 your
                 own
                 Evidence
                 say
                 ,
                 was
                 on
                 the
                 West
                 side
                 of
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 Shadwell
                 ?
              
            
             
               
                 Somerly
                 .
              
               
                 I
                 know
                 that
                 that
                 is
                 called
                 Shadwell
                 .
                 Do
                 you
                 mean
                 the
                 Well
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Yes
                 ;
                 how
                 far
                 is
                 the
                 Well
                 from
                 Cock-hill
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 Half
                 the
                 length
                 of
                 the
                 Hall.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 far
                 is
                 it
                 East
                 of
                 Foxes-lane
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 Truly
                 I
                 cannot
                 well
                 tell
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 The
                 Question
                 is
                 ,
                 whether
                 that
                 be
                 the
                 Well
                 that
                 is
                 mentioned
                 in
                 the
                 Evidences
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 I
                 never
                 knew
                 any
                 other
                 Well
                 ;
                 I
                 pay'd
                 for
                 filling
                 of
                 it
                 up
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 What
                 was
                 it
                 ?
                 was
                 it
                 not
                 a
                 Pond
                 formerly
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 It
                 was
                 a
                 Well
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 was
                 it
                 called
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 Shadwell
                 it
                 was
                 called
                 ,
                 I
                 knew
                 no
                 other
                 Name
                 it
                 had
                 ;
                 and
                 that
                 Well
                 was
                 wharfed
                 about
                 ,
                 and
                 there
                 was
                 a
                 Piece
                 of
                 Wood
                 about
                 Six
                 Foot
                 long
                 put
                 into
                 it
                 ,
                 and
                 it
                 was
                 on
                 the
                 hide
                 of
                 the
                 Hill
                 ,
                 a
                 Cooper
                 had
                 it
                 in
                 his
                 Possession
                 ,
                 and
                 he
                 used
                 to
                 put
                 his
                 Hoops
                 into
                 it
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 remember
                 the
                 Ditch
                 that
                 ran
                 under
                 the
                 Lynches
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 I
                 remember
                 their
                 was
                 a
                 Ditch
                 that
                 run
                 along
                 way
                 ,
                 there
                 were
                 three
                 or
                 four
                 Bridges
                 over
                 it
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 that
                 a
                 wide
                 Ditch
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 It
                 had
                 Planks
                 to
                 go
                 over
                 ,
                 and
                 it
                 was
                 a
                 deep
                 Ditch
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 When
                 you
                 knew
                 it
                 did
                 Cattle
                 feed
                 there
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 Not
                 in
                 my
                 time
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 When
                 you
                 first
                 knew
                 that
                 Well
                 was
                 it
                 reputed
                 an
                 ancient
                 Well
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 I
                 knew
                 it
                 not
                 till
                 I
                 came
                 to
                 buy
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 do
                 you
                 know
                 of
                 the
                 raising
                 of
                 Foxes-lane
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 I
                 lived
                 there
                 26
                 Years
                 ago
                 ,
                 and
                 in
                 the
                 time
                 since
                 I
                 lived
                 in
                 it
                 ,
                 it
                 is
                 raised
                 the
                 Length
                 of
                 my
                 Stick
                 and
                 more
                 :
                 For
                 when
                 the
                 Tyde
                 came
                 in
                 strong
                 ,
                 it
                 used
                 to
                 drive
                 Stones
                 and
                 Planks
                 in
                 at
                 the
                 Windows
                 .
                 There
                 was
                 a
                 Waterhouse
                 erected
                 upon
                 Wapping-Wall
                 ,
                 and
                 they
                 went
                 to
                 lay
                 Pipes
                 along
                 the
                 Street
                 ,
                 but
                 they
                 could
                 not
                 lay
                 them
                 there
                 ,
                 for
                 they
                 found
                 great
                 Pieces
                 of
                 Timber
                 ,
                 and
                 other
                 things
                 in
                 the
                 Ground
                 that
                 hindered
                 it
                 ,
                 and
                 upon
                 that
                 they
                 raised
                 the
                 Ground
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 not
                 there
                 a
                 Dam
                 made
                 at
                 the
                 End
                 of
                 Foxes-lane
                 to
                 keep
                 out
                 the
                 Tide
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 I
                 never
                 knew
                 of
                 any
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 not
                 Foxes-lane
                 reputed
                 an
                 ancient
                 way
                 ?
              
            
             
               
                 Somerley
                 .
              
               
                 I
                 suppose
                 they
                 were
                 continually
                 paving
                 it
                 to
                 raise
                 it
                 higher
                 and
                 higher
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 When
                 you
                 knew
                 it
                 first
                 was
                 it
                 higher
                 than
                 the
                 Marsh
                 ?
              
            
             
               
               
                 Somerley
                 .
              
               
                 It
                 was
                 all
                 built
                 when
                 I
                 came
                 thither
                 .
                 It
                 is
                 6
                 Yards
                 higher
                 at
                 one
                 End
                 than
                 the
                 other
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Swear
                 
                   Iohn
                   Holmes
                
                 —
                 
                   [
                   Which
                   was
                   done
                   .
                   ]
                
                 —
                 Do
                 you
                 know
                 the
                 Houses
                 in
                 Question
                 ,
                 between
                 Foxes-lane
                 and
                 Cock-hill
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 have
                 you
                 known
                 it
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 I
                 have
                 known
                 the
                 Place
                 a
                 matter
                 of
                 28
                 Years
                 ,
                 or
                 more
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 it
                 before
                 it
                 was
                 built
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 No
                 ;
                 I
                 did
                 not
                 take
                 notice
                 of
                 it
                 ,
                 to
                 say
                 notice
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 that
                 place
                 that
                 is
                 called
                 Shadwell
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 No.
                 
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 What
                 do
                 you
                 know
                 of
                 the
                 raising
                 of
                 Foxes-lane
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 I
                 never
                 did
                 know
                 of
                 raising
                 the
                 Lane.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Not
                 at
                 all
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 it
                 not
                 all
                 the
                 time
                 you
                 knew
                 it
                 a
                 common
                 Passage
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 Yes
                 ;
                 a
                 common
                 High-way
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Shew
                 ,
                 if
                 you
                 can
                 ,
                 that
                 there
                 was
                 any
                 High-way
                 from
                 North
                 to
                 South
                 ,
                 but
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 Cock-hill
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 That
                 is
                 quite
                 off
                 from
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Let
                 me
                 ask
                 you
                 a
                 Question
                 .
                 Suppose
                 you
                 were
                 to
                 go
                 for
                 the
                 purpose
                 from
                 Shadwell
                 down
                 to
                 the
                 River
                 of
                 Thames
                 ,
                 would
                 you
                 go
                 to
                 Cock-hill
                 or
                 Foxes-lane
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 If
                 I
                 had
                 occasion
                 to
                 go
                 down
                 to
                 Pelican-stairs
                 ,
                 then
                 I
                 would
                 go
                 to
                 Foxes-lane
                 ;
                 but
                 if
                 I
                 were
                 to
                 go
                 to
                 Bell-wharf
                 ,
                 I
                 would
                 go
                 to
                 Cock-hill
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 quite
                 another
                 way
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 It
                 is
                 Southward
                 of
                 Cock-hill
                 where
                 the
                 Mill
                 stood
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 That
                 adjoined
                 just
                 upon
                 the
                 way
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Doth
                 not
                 Cock-hill
                 lead
                 to
                 the
                 Thames
                 ?
              
            
             
               
                 Holmes
                 .
              
               
                 Cock-hill
                 is
                 the
                 first
                 beginning
                 of
                 the
                 going
                 down
                 to
                 Bell-wharf
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Swear
                 
                   Eleanor
                   Barefoot
                
                 ,
                 and
                 
                   Mary
                   Day
                
                 .
                 
                   [
                   
                     Eleanor
                     Barefoot
                  
                   was
                   sworn
                   .
                   ]
                
                 Do
                 you
                 know
                 Foxes-lane
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 ,
                 I
                 know
                 it
                 very
                 well
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 have
                 you
                 known
                 it
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Threescore
                 and
                 almost
                 Six
                 Years
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Then
                 you
                 knew
                 it
                 before
                 it
                 was
                 built
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 the
                 old
                 Mill
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Who
                 ,
                 Sir
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 remember
                 who
                 first
                 built
                 there
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 I
                 cannot
                 tell
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 ,
                 when
                 you
                 knew
                 it
                 first
                 ,
                 what
                 was
                 it
                 ,
                 and
                 whose
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 was
                 Marsh-ground
                 from
                 Cock-hill
                 to
                 Fenners-field
                 it
                 was
                 counted
                 and
                 known
                 to
                 be
                 Mr.
                 
                 Stepkin's
                 ,
                 he
                 was
                 a
                 great
                 Free-holder
                 ,
                 and
                 owner
                 of
                 all
                 the
                 Ground
                 up
                 to
                 East-Smithfield
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 ?
                 Why
                 is
                 not
                 the
                 Lynches
                 between
                 Cock-hill
                 and
                 St.
                 Katherines
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 The
                 upper
                 Ground
                 was
                 only
                 belonging
                 to
                 the
                 Dean
                 of
                 St.
                 Pauls
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Do
                 you
                 remember
                 that
                 which
                 is
                 now
                 called
                 Foxes-lane
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 it
                 a
                 Lane
                 at
                 that
                 time
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 ,
                 it
                 was
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 remember
                 how
                 the
                 Water
                 came
                 in
                 there
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 it
                 come
                 up
                 to
                 the
                 Bank
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 At
                 high
                 Tides
                 it
                 came
                 over
                 ,
                 that
                 so
                 that
                 none
                 could
                 pass
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 at
                 common
                 Tides
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 came
                 at
                 common
                 Tides
                 ,
                 till
                 it
                 was
                 raised
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 it
                 was
                 an
                 usual
                 passage
                 for
                 Carts
                 and
                 Carriages
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 was
                 the
                 Mill
                 driven
                 that
                 was
                 there
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 There
                 was
                 a
                 Mill
                 in
                 my
                 time
                 ,
                 that
                 went
                 with
                 the
                 Tide
                 ,
                 and
                 all
                 the
                 Water
                 that
                 came
                 down
                 from
                 that
                 Mill
                 ,
                 came
                 into
                 a
                 Pond
                 ,
                 and
                 so
                 to
                 the
                 Mill-dam
                 ,
                 and
                 so
                 drove
                 this
                 Mill.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Which
                 Mill
                 dost
                 thou
                 speak
                 of
                 ?
                 Didst
                 thou
                 know
                 Ratcliff-Mill
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 Cock-hill-Mill
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 ;
                 that
                 I
                 speak
                 of
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 how
                 was
                 it
                 driven
                 dost
                 thou
                 say
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 was
                 driven
                 by
                 the
                 Water
                 that
                 came
                 from
                 the
                 River
                 in
                 a
                 Sluce
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 It
                 came
                 out
                 of
                 the
                 Thames
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 ;
                 with
                 the
                 Tide
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 did
                 it
                 run
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 had
                 a
                 great
                 huge
                 Sluce
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 that
                 in
                 the
                 Lynch
                 Ditch
                 ,
                 or
                 otherway
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 ran
                 into
                 a
                 Pond
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 did
                 that
                 Pond
                 stand
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 In
                 New-Gravel-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 was
                 the
                 Head
                 of
                 the
                 Pond
                 ?
              
            
             
               
               
                 Barefoot
                 .
              
               
                 It
                 went
                 out
                 with
                 the
                 Tide
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Where
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Between
                 the
                 Street
                 and
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 near
                 was
                 the
                 Pond
                 to
                 Foxes-lane
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 A
                 Quarter
                 of
                 a
                 Mile
                 off
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 West
                 of
                 Foxes-lane
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 Green-bank
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 far
                 is
                 that
                 from
                 Foxes-Lane
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Half
                 a
                 Mile
                 off
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 the
                 Well
                 called
                 Shadwell
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 ,
                 I
                 did
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 On
                 which
                 side
                 of
                 Foxes-lane
                 did
                 Shadwell
                 stand
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 was
                 between
                 the
                 Mill
                 and
                 Broad-bridge
                 ;
                 Eastward
                 of
                 Broad-bridge
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 far
                 was
                 it
                 from
                 the
                 Mill
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 A
                 pretty
                 way
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 far
                 do
                 you
                 think
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 About
                 40
                 or
                 60
                 Foot
                 :
                 The
                 Well
                 was
                 between
                 the
                 Mill
                 I
                 say
                 ,
                 and
                 
                   Broad-bridge
                   ,
                   Foxes-lane
                
                 stood
                 West
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 you
                 knew
                 Foxes-lane
                 first
                 ,
                 what
                 was
                 it
                 between
                 the
                 Lynches
                 on
                 the
                 North
                 ,
                 and
                 the
                 Thames
                 on
                 the
                 South
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 a
                 Place
                 for
                 Carts
                 and
                 Horses
                 to
                 go
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 And
                 you
                 say
                 it
                 was
                 all
                 Marsh-ground
                 from
                 Cock-hill
                 to
                 St.
                 Katherines
                 .
              
            
             
               
                 Barefoot
                 .
              
               
                 Yes
                 ,
                 it
                 was
                 all
                 alow
                 Ground
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Whose
                 Ground
                 was
                 it
                 counted
                 to
                 be
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 Mr.
                 
                 Stepkins's
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Had
                 the
                 Dean
                 ever
                 any
                 thing
                 to
                 do
                 there
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 The
                 upper
                 Ground
                 was
                 the
                 Dean
                 of
                 
                 Paul's
                 ,
                 but
                 the
                 lower
                 Ground
                 was
                 Mr.
                 
                 Stepkins's
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 there
                 a
                 Bridge
                 over
                 the
                 Lynch
                 Ditch
                 at
                 the
                 end
                 of
                 Foxes-lane
                 .
              
            
             
               
                 Barefoot
                 .
              
               
                 There
                 was
                 a
                 Bridge
                 and
                 a
                 Cart
                 way
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Do
                 you
                 know
                 it
                 was
                 Marsh-ground
                 on
                 the
                 East
                 side
                 of
                 Foxes-lane
                 ?
                 did
                 it
                 ever
                 lie
                 under
                 Water
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 At
                 high
                 Tides
                 and
                 such
                 as
                 that
                 it
                 was
                 overflowed
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 at
                 common
                 Tides
                 did
                 it
                 use
                 to
                 go
                 over
                 Foxes-lane
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 I
                 cannot
                 tell
                 that
                 truly
                 ,
                 it
                 is
                 now
                 raised
                 very
                 high
                 ,
                 it
                 was
                 much
                 lower
                 ;
                 but
                 I
                 am
                 sure
                 the
                 Tide
                 sometimes
                 came
                 beyond
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 When
                 the
                 Water
                 was
                 in
                 the
                 great
                 Pond
                 ,
                 did
                 not
                 it
                 come
                 by
                 the
                 Lynch
                 Ditch
                 .
              
            
             
               
                 Barefoot
                 .
              
               
                 It
                 came
                 out
                 of
                 the
                 Thames
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Do
                 you
                 remember
                 any
                 way
                 that
                 led
                 up
                 to
                 the
                 Lynches
                 by
                 the
                 Well
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 The
                 Lynches
                 did
                 not
                 belong
                 to
                 Mr.
                 Stepkins
                 ;
                 there
                 was
                 the
                 Mill.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 answer
                 me
                 ,
                 was
                 there
                 any
                 way
                 that
                 went
                 up
                 to
                 the
                 Lynches
                 by
                 the
                 Well
                 ?
              
            
             
               
                 Barefoot
                 .
              
               
                 There
                 was
                 no
                 Passage
                 to
                 go
                 through
                 ,
                 but
                 at
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 there
                 not
                 a
                 Way
                 at
                 Cock-hill
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 farther
                 East
                 than
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Shadwell
                 is
                 the
                 Bounds
                 of
                 our
                 Land.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 where
                 is
                 that
                 ?
                 that
                 is
                 the
                 Question
                 ,
                 Mr.
                 Attorney
                 .
                 I
                 remember
                 what
                 the
                 Woman
                 said
                 indeed
                 the
                 last
                 time
                 ,
                 if
                 there
                 were
                 as
                 many
                 Wells
                 as
                 there
                 were
                 Pains
                 in
                 the
                 Glass
                 Window
                 here
                 ,
                 that
                 was
                 the
                 Right
                 Well
                 .
                 But
                 that
                 will
                 not
                 decide
                 the
                 Controversy
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Swear
                 
                   Austin
                   Cope
                
                 .
                 —
                 
                   [
                   Which
                   was
                   done
                   .
                   ]
                
                 —
                 Do
                 you
                 know
                 Cock-hill
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Yes
                 ,
                 I
                 do
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 not
                 know
                 a
                 Mill
                 that
                 was
                 at
                 Ratcliff
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 There
                 was
                 one
                 at
                 Bell-wharf
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 long
                 ago
                 is
                 it
                 that
                 you
                 remember
                 it
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Threescore
                 Years
                 ago
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 was
                 that
                 Mill
                 driven
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 With
                 the
                 Tide
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Where
                 did
                 the
                 Tide
                 come
                 in
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 At
                 Frying-pan-stairs
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Whither
                 did
                 it
                 go
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 It
                 went
                 into
                 the
                 Dam
                 ,
                 and
                 so
                 drove
                 the
                 Mill.
                 There
                 was
                 an
                 Iron
                 Mill
                 built
                 by
                 one
                 White
                 Twenty
                 Years
                 after
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 far
                 did
                 the
                 Tide
                 go
                 up
                 from
                 Ratcliff-Mill
                 Westward
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 As
                 near
                 as
                 you
                 can
                 remember
                 ,
                 what
                 was
                 it
                 that
                 stopped
                 the
                 Tide
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 how
                 far
                 did
                 the
                 Tide
                 go
                 before
                 it
                 stopped
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Almost
                 as
                 far
                 as
                 New-Gravel-lane
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 the
                 Tide
                 come
                 up
                 as
                 far
                 as
                 Foxes-lane
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 It
                 slowed
                 over
                 at
                 some
                 Tides
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 did
                 it
                 at
                 usual
                 and
                 common
                 and
                 ordinary
                 Tides
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 It
                 never
                 came
                 so
                 high
                 .
              
            
             
               
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 high
                 did
                 it
                 come
                 then
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Hard
                 by
                 it
                 came
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 near
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Within
                 Forty
                 Foot
                 upon
                 reasonable
                 Tides
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 And
                 did
                 that
                 help
                 to
                 turn
                 this
                 Mill
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Yes
                 ;
                 it
                 went
                 to
                 the
                 Dam
                 ,
                 and
                 so
                 it
                 drove
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 was
                 your
                 way
                 from
                 North
                 to
                 South
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 At
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 there
                 a
                 Bridge
                 there
                 ,
                 over
                 which
                 the
                 Carts
                 went
                 into
                 the
                 Lane
                 ,
                 under
                 which
                 the
                 Water
                 did
                 run
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Yes
                 ;
                 there
                 was
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 is
                 it
                 that
                 lies
                 beyond
                 the
                 Mill
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Ratcliff-Town
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Which
                 was
                 further
                 Eastward
                 ,
                 Cock-hill
                 or
                 the
                 Mill
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Cock-hill
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 So
                 it
                 is
                 by
                 your
                 own
                 Map
                 ;
                 and
                 then
                 where
                 can
                 the
                 Mill-bank
                 be
                 but
                 Foxes-lane
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Shad-well
                 is
                 our
                 Bounds
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 
                   Robin
                   Hood
                
                 upon
                 Greendale
                 stood
                 ,
                 therefore
                 this
                 must
                 be
                 your
                 Land
                 :
                 That
                 is
                 all
                 the
                 Argument
                 I
                 can
                 make
                 of
                 it
                 .
                 Your
                 Boundaries
                 do
                 make
                 it
                 as
                 plain
                 as
                 the
                 Nose
                 in
                 a
                 Man's
                 Face
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Swear
                 Mr.
                 Holwell
                 —
                 
                   [
                   Which
                   was
                   done
                   .
                   ]
                
                 —
                 How
                 long
                 have
                 you
                 known
                 this
                 Place
                 ,
                 the
                 Lands
                 in
                 Question
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 Not
                 above
                 a
                 Year
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 is
                 your
                 Surveyor
                 ,
                 I
                 think
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 He
                 is
                 so
                 ,
                 my
                 Lord.
                 Pray
                 you
                 Cope
                 ,
                 which
                 way
                 did
                 the
                 Water
                 go
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Westward
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 which
                 way
                 did
                 you
                 use
                 to
                 go
                 to
                 the
                 River
                 from
                 the
                 Lynches
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 We
                 sometimes
                 went
                 the
                 lower
                 way
                 ,
                 and
                 sometimes
                 the
                 higher
                 way
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Which
                 was
                 the
                 higher
                 way
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Ratcliff-highway
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 which
                 was
                 the
                 lower
                 way
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Through
                 Wapping
                 and
                 
                   Shadwell
                   :
                   Shadwell
                
                 is
                 the
                 lower
                 way
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Thou
                 talkest
                 of
                 the
                 Noth-West
                 Way
                 ;
                 but
                 if
                 you
                 were
                 to
                 go
                 directly
                 from
                 North
                 to
                 South
                 ,
                 which
                 way
                 would
                 you
                 have
                 gone
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Down
                 Cock-hill
                 ,
                 or
                 down
                 Broad-bridge
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 is
                 that
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Beyond
                 Cock-hill
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Whereabouts
                 is
                 it
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Within
                 a
                 little
                 of
                 Foxes-lane
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 you
                 went
                 down
                 Cock-hill
                 upon
                 which
                 Hand
                 did
                 you
                 leave
                 the
                 Mill
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 If
                 I
                 went
                 the
                 lower
                 way
                 ,
                 I
                 left
                 the
                 Mill
                 on
                 the
                 Left
                 Hand
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 when
                 you
                 went
                 the
                 higher
                 way
                 down
                 Cock-hill
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Then
                 we
                 left
                 the
                 Mill
                 behind
                 us
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 doest
                 thou
                 mean
                 by
                 behind
                 thee
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 I
                 left
                 it
                 North.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 could
                 never
                 be
                 ,
                 Man.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Yes
                 ,
                 my
                 Lord
                 ,
                 he
                 is
                 right
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 I
                 say
                 he
                 is
                 not
                 right
                 ,
                 Mr.
                 Attorney
                 ,
                 for
                 Cock-hill
                 is
                 North
                 of
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Cope
                 ,
                 do
                 you
                 know
                 Foxes-lane
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Yes
                 ,
                 very
                 well
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Is
                 it
                 raised
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 Yes
                 ;
                 Eight
                 or
                 Nine
                 Foot.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 was
                 the
                 Reason
                 of
                 its
                 being
                 raised
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 It
                 was
                 not
                 fitting
                 for
                 Carts
                 to
                 go
                 over
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Why
                 so
                 ?
              
            
             
               
                 Cope
                 .
              
               
                 The
                 Water
                 came
                 upon
                 it
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 And
                 then
                 to
                 come
                 to
                 the
                 Admeasurement
                 ,
                 taking
                 in
                 the
                 Place
                 in
                 question
                 it
                 makes
                 just
                 130
                 Acres
                 ,
                 which
                 is
                 our
                 Number
                 and
                 no
                 more
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Then
                 you
                 will
                 leave
                 the
                 Dean
                 nothing
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Yes
                 ,
                 he
                 has
                 2000
                 l.
                 a
                 Year
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 In
                 the
                 East
                 beyond
                 this
                 Place
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Why
                 ,
                 would
                 you
                 have
                 any
                 of
                 the
                 Land
                 that
                 belongs
                 to
                 the
                 Mill
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 we
                 claim
                 this
                 as
                 Marsh-Land
                 ;
                 which
                 they
                 have
                 nothing
                 to
                 do
                 with
                 ,
                 and
                 the
                 Number
                 of
                 Acres
                 will
                 not
                 be
                 answered
                 without
                 it
                 .
                 Mr.
                 Holwell
                 ,
                 have
                 you
                 admeasured
                 the
                 Marsh
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 Yes
                 ;
                 I
                 have
                 ,
                 Sir.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 From
                 whence
                 did
                 you
                 begin
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 From
                 Hermitage-Dock
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Within
                 what
                 Bounds
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 That
                 which
                 they
                 call
                 the
                 Lynches
                 and
                 the
                 Marsh
                 to
                 St.
                 Katherines
                 from
                 the
                 Well
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 And
                 how
                 much
                 doth
                 it
                 make
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 Besides
                 the
                 Well
                 and
                 the
                 Lynches
                 ,
                 I
                 find
                 it
                 something
                 above
                 130
                 Acres
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Somewhat
                 above
                 ,
                 how
                 much
                 Pr'ythee
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 Not
                 an
                 Acre
                 above
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Pray
                 ,
                 Sir
                 ,
                 how
                 many
                 Acres
                 lies
                 East
                 of
                 Gravel-lane
                 ?
              
            
             
               
               
                 Holwell
                 .
              
               
                 Besides
                 the
                 Well
                 and
                 the
                 Lynches
                 I
                 can
                 find
                 but
                 Fifty
                 Acres
                 and
                 an
                 half
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 did
                 you
                 reckon
                 up
                 the
                 whole
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 To
                 make
                 up
                 the
                 130
                 Acres
                 ,
                 he
                 took
                 in
                 the
                 Mill
                 and
                 all
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 very
                 well
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Why
                 ,
                 my
                 Lord
                 ,
                 it
                 is
                 no
                 more
                 than
                 130
                 Acres
                 ,
                 and
                 so
                 much
                 we
                 must
                 have
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Look
                 into
                 the
                 Survey
                 that
                 you
                 produced
                 ,
                 and
                 see
                 what
                 that
                 says
                 ,
                 besides
                 all
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Those
                 lye
                 eastward
                 of
                 the
                 Mill.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pray
                 did
                 you
                 measure
                 the
                 Wall
                 ?
              
            
             
               
                 Halwell
                 .
              
               
                 Wapping
                 Wall
                 is
                 20
                 Acres
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 If
                 they
                 will
                 consent
                 ,
                 the
                 Jury
                 shall
                 have
                 the
                 Survey
                 with
                 them
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 With
                 all
                 our
                 Hearts
                 ,
                 let
                 them
                 have
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Gentlemen
                 ,
                 both
                 sides
                 consent
                 ,
                 you
                 shall
                 have
                 the
                 Survey
                 with
                 you
                 ;
                 but
                 without
                 that
                 Consent
                 you
                 could
                 not
                 have
                 had
                 it
                 ,
                 it
                 not
                 being
                 under
                 Seal
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Then
                 we
                 desire
                 our
                 last
                 Verdict
                 may
                 be
                 read
                 .
                 Mr.
                 Sutton
                 ,
                 was
                 it
                 a
                 Verdict
                 upon
                 full
                 Evidence
                 ?
              
            
             
               
                 Sutton
                 .
              
               
                 Yes
                 ,
                 Sir.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 many
                 Hours
                 did
                 it
                 last
                 ?
              
            
             
               
                 Sutton
                 .
              
               
                 Five
                 or
                 Six
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 there
                 a
                 View
                 in
                 it
                 ?
              
            
             
               
                 Sutton
                 .
              
               
                 There
                 was
                 so
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 it
                 —
                 
                   [
                   Which
                   was
                   done
                   .
                   ]
                
                 —
                 Mr.
                 Holwell
                 ,
                 how
                 much
                 pray
                 ,
                 is
                 the
                 Land
                 between
                 Foxes-lane
                 and
                 the
                 Mill
                 ?
              
            
             
               
                 Holwell
                 .
              
               
                 Below
                 the
                 Lynches
                 I
                 find
                 it
                 to
                 be
                 Seven
                 Acres
                 and
                 an
                 half
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Can
                 you
                 expect
                 then
                 that
                 all
                 those
                 Words
                 of
                 Gardens
                 ,
                 Orchards
                 ,
                 &c.
                 should
                 be
                 answered
                 under
                 seven
                 Acres
                 and
                 an
                 half
                 .
                 Besides
                 ,
                 the
                 first
                 and
                 ancient
                 Reservation
                 of
                 Rent
                 was
                 10
                 l.
                 a
                 Year
                 ,
                 after
                 it
                 was
                 increased
                 to
                 16
                 l.
                 a
                 Year
                 ,
                 and
                 it
                 doth
                 appear
                 the
                 Mill
                 turned
                 to
                 so
                 little
                 Account
                 that
                 it
                 was
                 pulled
                 down
                 ,
                 and
                 so
                 the
                 Land
                 was
                 to
                 answer
                 the
                 Rent
                 ,
                 which
                 for
                 a
                 ground-rent
                 upon
                 a
                 Church-Lease
                 in
                 those
                 Days
                 was
                 very
                 great
                 .
                 Have
                 you
                 done
                 now
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 have
                 done
                 for
                 the
                 present
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 say
                 you
                 to
                 it
                 then
                 for
                 the
                 Plaintiff
                 ,
                 Gentlemen
                 ?
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 May
                 it
                 please
                 your
                 Lordship
                 ,
                 and
                 you
                 Gentlemen
                 of
                 the
                 Jury
                 ;
                 If
                 we
                 should
                 give
                 no
                 further
                 Evidence
                 at
                 all
                 than
                 what
                 we
                 have
                 already
                 given
                 :
                 But
                 leave
                 it
                 upon
                 this
                 ,
                 I
                 dare
                 affirm
                 it
                 plainly
                 appears
                 that
                 they
                 have
                 no
                 Title
                 at
                 all
                 to
                 this
                 Land.
                 As
                 to
                 their
                 last
                 piece
                 of
                 Evidence
                 I
                 would
                 first
                 give
                 an
                 answer
                 to
                 that
                 ,
                 and
                 that
                 is
                 their
                 Verdict
                 ;
                 and
                 that
                 which
                 I
                 would
                 observe
                 upon
                 it
                 ,
                 and
                 say
                 to
                 it
                 ,
                 is
                 this
                 ;
                 it
                 was
                 a
                 Verdict
                 obtained
                 upon
                 forged
                 Deeds
                 .
                 Deeds
                 found
                 ,
                 as
                 is
                 pretended
                 ,
                 and
                 as
                 you
                 have
                 heard
                 from
                 their
                 two
                 special
                 Witnesses
                 ,
                 in
                 a
                 very
                 extraordinary
                 manner
                 found
                 in
                 a
                 Garret
                 .
                 But
                 by
                 what
                 Art
                 prepared
                 ,
                 and
                 that
                 they
                 are
                 forged
                 I
                 question
                 not
                 but
                 we
                 shall
                 give
                 you
                 Satisfaction
                 .
                 But
                 besides
                 ,
                 as
                 to
                 their
                 Admeasurement
                 ,
                 it
                 seems
                 as
                 they
                 would
                 have
                 it
                 130
                 Acres
                 is
                 the
                 Question
                 about
                 the
                 extent
                 of
                 the
                 Marsh.
                 So
                 much
                 they
                 claim
                 ,
                 and
                 we
                 shall
                 bring
                 two
                 Surveyors
                 that
                 will
                 give
                 you
                 an
                 account
                 upon
                 their
                 Oaths
                 ,
                 that
                 between
                 Foxes-lane
                 ,
                 which
                 we
                 say
                 is
                 the
                 West
                 Boundary
                 of
                 our
                 Land
                 ,
                 and
                 the
                 East
                 of
                 theirs
                 ,
                 and
                 Hermitage-Dock
                 ,
                 where
                 the
                 Marsh
                 ends
                 ,
                 there
                 is
                 above
                 130
                 Acres
                 ,
                 and
                 so
                 they
                 do
                 not
                 want
                 their
                 Number
                 .
                 For
                 all
                 the
                 Evidence
                 that
                 they
                 have
                 given
                 out
                 of
                 Records
                 ,
                 we
                 agree
                 them
                 to
                 be
                 as
                 they
                 say
                 ,
                 and
                 by
                 that
                 Agreement
                 shall
                 do
                 our selves
                 no
                 harm
                 at
                 all
                 ;
                 for
                 they
                 all
                 do
                 confirm
                 our
                 Assertion
                 :
                 They
                 place
                 the
                 Eastern
                 Bound
                 of
                 the
                 Marsh
                 at
                 Ratcliff-Town
                 ;
                 now
                 at
                 Foxes-lane
                 doth
                 Ratcliff-Town
                 begin
                 .
                 The
                 Art
                 has
                 been
                 to
                 confound
                 the
                 Cause
                 by
                 puzling
                 Boundaries
                 ,
                 when
                 it
                 is
                 a
                 plain
                 apparent
                 mistake
                 they
                 run
                 upon
                 ,
                 and
                 indeed
                 I
                 may
                 very
                 well
                 say
                 ,
                 a
                 wilful
                 one
                 too
                 .
                 They
                 would
                 have
                 us
                 confine
                 all
                 to
                 a
                 Mill
                 and
                 a
                 little
                 Ditch
                 ,
                 when
                 they
                 are
                 at
                 least
                 seven
                 Acres
                 always
                 enjoyed
                 with
                 it
                 ,
                 and
                 all
                 called
                 the
                 Mill
                 ,
                 which
                 had
                 a
                 Pond
                 ,
                 Gardens
                 ,
                 Orchards
                 ,
                 Tenements
                 ,
                 &c.
                 
                 And
                 now
                 there
                 are
                 very
                 large
                 Drains
                 necessarily
                 made
                 ,
                 to
                 keep
                 the
                 Water
                 from
                 annoying
                 the
                 Inhabitants
                 ,
                 and
                 to
                 carry
                 it
                 away
                 .
                 But
                 for
                 a
                 further
                 Evidence
                 of
                 our
                 Title
                 ,
                 we
                 shall
                 first
                 prove
                 that
                 upon
                 a
                 Bill
                 exhibited
                 in
                 the
                 Exchequer
                 by
                 Mr.
                 Attorney
                 General
                 against
                 Stepkins
                 their
                 Ancestor
                 ,
                 to
                 know
                 what
                 Incroachments
                 had
                 been
                 made
                 ,
                 what
                 belonged
                 to
                 the
                 Dean
                 of
                 Pauls
                 ,
                 and
                 what
                 to
                 Mr.
                 Stepkins
                 ,
                 are
                 fully
                 set
                 out
                 .
                 There
                 it
                 is
                 proved
                 that
                 the
                 Bounds
                 of
                 the
                 Marsh
                 were
                 
                   Wapping-wall
                   ,
                   alias
                   Foxes-lane
                
                 .
                 The
                 Marsh
                 was
                 continually
                 overflown
                 with
                 Water
                 ,
                 but
                 now
                 in
                 our
                 Ground
                 there
                 was
                 a
                 great
                 many
                 Ditches
                 and
                 places
                 to
                 keep
                 the
                 Water
                 for
                 the
                 Service
                 of
                 the
                 Mill.
                 When
                 we
                 come
                 to
                 build
                 upon
                 our
                 Ground
                 ,
                 which
                 was
                 15
                 Iacobi
                 (
                 then
                 it
                 began
                 )
                 then
                 he
                 brought
                 an
                 Action
                 and
                 did
                 pretend
                 that
                 we
                 did
                 incroach
                 the
                 Wall
                 somewhat
                 into
                 the
                 Marsh
                 ,
                 there
                 we
                 had
                 a
                 Verdict
                 upon
                 a
                 View
                 ,
                 and
                 after
                 a
                 Non-suit
                 upon
                 full
                 Evidence
                 .
                 There
                 was
                 likewise
                 a
                 Bill
                 exhibited
                 in
                 Chancery
                 against
                 Stepkins
                 the
                 Father
                 ,
                 wherein
                 the
                 Bounds
                 are
                 set
                 forth
                 ,
                 and
                 he
                 in
                 his
                 Answer
                 particularly
                 enumerates
                 the
                 Boundaries
                 .
                 And
                 it
                 has
                 been
                 constantly
                 
                 the
                 Reputation
                 of
                 the
                 Place
                 ,
                 that
                 this
                 was
                 the
                 Dean's
                 Lands
                 ,
                 surveyed
                 as
                 the
                 Deans
                 Lands
                 ,
                 sold
                 in
                 the
                 late
                 Times
                 of
                 Usurpation
                 as
                 the
                 Dean's
                 Lands
                 .
                 The
                 first
                 thing
                 ,
                 my
                 Lord
                 ,
                 which
                 they
                 produced
                 ,
                 and
                 that
                 we
                 did
                 then
                 ,
                 and
                 do
                 now
                 controvert
                 is
                 
                 Carter's
                 Lease
                 ;
                 this
                 ,
                 they
                 say
                 ,
                 was
                 found
                 in
                 the
                 Garret
                 ,
                 and
                 they
                 bring
                 two
                 Witnesses
                 for
                 it
                 :
                 But
                 how
                 they
                 have
                 behaved
                 themselves
                 ,
                 what
                 confusion
                 there
                 is
                 in
                 their
                 Evidence
                 ,
                 you
                 see
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Brother
                 Stringer
                 ,
                 if
                 you
                 have
                 any
                 Evidence
                 to
                 give
                 ,
                 pray
                 give
                 that
                 first
                 ,
                 and
                 leave
                 your
                 Remarks
                 till
                 the
                 last
                 ,
                 you
                 shall
                 then
                 say
                 what
                 you
                 will
                 ,
                 but
                 first
                 give
                 your
                 Evidence
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 My
                 Lord
                 ,
                 we
                 shall
                 pursue
                 your
                 Direction
                 :
                 We
                 say
                 ,
                 upon
                 Foxes
                 Building
                 ,
                 Stepkins
                 surmising
                 that
                 the
                 Wall
                 belonged
                 to
                 him
                 ,
                 comes
                 and
                 brings
                 an
                 Action
                 of
                 Ejectment
                 against
                 Foxes
                 Tenants
                 for
                 this
                 Wall
                 ,
                 and
                 upon
                 Tryal
                 the
                 Verdict
                 went
                 against
                 him
                 .
                 Then
                 there
                 was
                 another
                 Action
                 brought
                 ,
                 and
                 he
                 was
                 Nonsuit
                 upon
                 that
                 .
                 Afterwards
                 there
                 was
                 a
                 Bill
                 preferred
                 against
                 him
                 ,
                 and
                 in
                 his
                 answer
                 he
                 confesseth
                 that
                 his
                 Wall
                 Marsh
                 bounded
                 upon
                 Foxes-lane
                 .
                 Here
                 are
                 the
                 Bill
                 and
                 Answer
                 .
              
            
             
               Which
               were
               read
               .
               As
               likewise
               Copies
               of
               two
               Records
               ,
               one
               in
               the
               
                 Common
                 Pleas
              
               ;
               the
               other
               in
               the
               
                 King's
                 Bench.
                 Hill.
                 12
                 Jacobi
              
               Ejectment
               ;
               
                 George
                 Boswell
              
               ,
               Plaintiff
               ;
               against
               
                 Tho.
                 Fox
              
               ,
               Defendant
               ;
               Not-guilty
               pleaded
               ,
               a
               Verdict
               for
               the
               Defendant
               .
               
                 Mich.
                 14
                 Jacobi
              
               Ejectment
               ;
               
                 William
                 Sorrel
              
               ,
               Plaintiff
               ;
               against
               
                 Tho.
                 Fox
              
               ;
               Not-guilty
               pleaded
               ,
               and
               the
               Plaintiff
               became
               Nonsuit
               .
            
             
               
                 Sir
                 
                   Iohn
                   Trevor
                
                 .
              
               
                 My
                 Lord
                 ,
                 we
                 have
                 this
                 further
                 Piece
                 of
                 Evidence
                 ;
                 we
                 have
                 here
                 a
                 Lease
                 made
                 by
                 Stepkins
                 of
                 seven
                 Acres
                 of
                 Land
                 ,
                 Westward
                 of
                 Foxes-lane
                 ,
                 which
                 divides
                 the
                 Marsh
                 from
                 the
                 Mill-Ditches
                 ,
                 and
                 there
                 is
                 a
                 Covenant
                 that
                 if
                 he
                 recover
                 any
                 part
                 of
                 Wall
                 ,
                 Marsh-Wall
                 ,
                 the
                 Tenant
                 shall
                 have
                 the
                 Advantage
                 of
                 it
                 ,
                 and
                 increase
                 his
                 Rent
                 .
              
            
             
               Which
               Lease
               bearing
               date
               ,
               
                 16
                 Aug.
                 13
                 Jac.
                 Anno
                 Dom.
                 1615.
              
               was
               read
               .
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 This
                 was
                 in
                 time
                 between
                 the
                 Nonsuit
                 and
                 Verdict
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 My
                 Lord
                 ,
                 as
                 I
                 did
                 open
                 it
                 ,
                 there
                 was
                 an
                 Information
                 exhibited
                 by
                 Mr.
                 Attorney
                 Gen.
                 Noy
                 ,
                 7
                 Car.
                 I.
                 against
                 our
                 Tenants
                 and
                 theirs
                 ,
                 and
                 upon
                 that
                 Information
                 there
                 were
                 Examinations
                 of
                 Witnesses
                 ,
                 and
                 all
                 the
                 Bounds
                 of
                 both
                 Parties
                 particularly
                 set
                 out
                 ,
                 which
                 make
                 it
                 all
                 as
                 plain
                 and
                 clear
                 as
                 can
                 be
                 .
                 This
                 cannot
                 be
                 set
                 up
                 to
                 serve
                 a
                 Turn
                 ,
                 it
                 was
                 in
                 7
                 Car.
                 I.
                 so
                 long
                 ago
                 ,
                 and
                 when
                 that
                 shews
                 the
                 Wall
                 to
                 be
                 the
                 Inheritance
                 of
                 the
                 Dean
                 of
                 Pauls
                 ,
                 it
                 answers
                 all
                 their
                 pretence
                 of
                 a
                 Lease
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Look
                 you
                 Brother
                 ,
                 that
                 cannot
                 be
                 given
                 in
                 Evidence
                 ,
                 and
                 I
                 will
                 tell
                 you
                 why
                 ,
                 if
                 it
                 were
                 an
                 Information
                 against
                 Stepkins
                 himself
                 ,
                 he
                 being
                 the
                 Party
                 under
                 whom
                 they
                 claim
                 ,
                 no
                 doubt
                 it
                 were
                 Evidence
                 .
                 But
                 it
                 is
                 against
                 the
                 Tenants
                 of
                 the
                 one
                 ,
                 and
                 the
                 Tenants
                 of
                 the
                 other
                 ;
                 who
                 only
                 could
                 support
                 their
                 own
                 Tenancies
                 ,
                 but
                 they
                 could
                 not
                 know
                 their
                 Landlords
                 particular
                 Titles
                 ,
                 and
                 then
                 this
                 cannot
                 be
                 Evidence
                 to
                 bind
                 their
                 Inheritance
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 We
                 submit
                 it
                 to
                 you
                 ,
                 my
                 Lord.
                 Then
                 we
                 shall
                 offer
                 you
                 a
                 Survey
                 .
                 In
                 the
                 Year
                 1649.
                 this
                 was
                 exposed
                 to
                 Sale
                 as
                 Church
                 Lands
                 ,
                 and
                 a
                 Survey
                 taken
                 and
                 found
                 to
                 be
                 the
                 Inheritance
                 of
                 the
                 Church
                 of
                 Pauls
                 ,
                 and
                 as
                 such
                 sold
                 for
                 9500
                 l.
                 and
                 enjoyed
                 by
                 the
                 Purchasors
                 till
                 the
                 Restoration
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Yes
                 ,
                 and
                 to
                 that
                 very
                 Person
                 sold
                 from
                 whom
                 they
                 say
                 they
                 had
                 these
                 Leases
                 ,
                 which
                 they
                 have
                 produced
                 .
                 That
                 is
                 to
                 Winterburn
                 ,
                 whose
                 Executor
                 Knowles
                 was
                 ,
                 as
                 he
                 says
                 ;
                 and
                 if
                 he
                 had
                 such
                 a
                 Lease
                 ,
                 which
                 had
                 then
                 been
                 forty
                 Years
                 in
                 being
                 ,
                 would
                 he
                 have
                 given
                 so
                 much
                 Money
                 or
                 ventured
                 to
                 purchase
                 it
                 as
                 the
                 Inheritance
                 of
                 the
                 Church
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 Here
                 is
                 the
                 Survey
                 then
                 taken
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 We
                 oppose
                 the
                 reading
                 of
                 your
                 Survey
                 ,
                 because
                 it
                 had
                 not
                 any
                 Authority
                 to
                 warrant
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Nay
                 ,
                 Mr.
                 Attorney
                 ,
                 though
                 there
                 was
                 no
                 sufficient
                 Authority
                 ,
                 yet
                 such
                 things
                 have
                 always
                 been
                 allowed
                 as
                 Evidence
                 .
                 You
                 cannot
                 but
                 remember
                 it
                 was
                 done
                 in
                 the
                 Case
                 of
                 
                   Finsbury-Rotten
                   row
                
                 ,
                 as
                 they
                 called
                 it
                 White-cross-street
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Then
                 let
                 them
                 read
                 the
                 Commission
                 it
                 was
                 made
                 upon
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 We
                 have
                 none
                 ;
                 there
                 were
                 many
                 things
                 done
                 then
                 of
                 this
                 Nature
                 ,
                 without
                 Commission
                 under
                 Seal
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 they
                 did
                 them
                 by
                 Orders
                 from
                 Committees
                 .
                 Read
                 it
                 .
              
            
             
               It
               was
               read
               ,
               dated
               
                 Dec.
                 An.
                 1649.
              
               
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 Now
                 we
                 will
                 shew
                 the
                 Deeds
                 of
                 Purchase
                 ,
                 which
                 was
                 by
                 Deed
                 inrolled
                 .
              
            
             
               Dated
               
                 22
                 Nov.
                 An.
                 1650.
              
               for
               9540
               l.
               
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 My
                 Lord
                 ,
                 because
                 they
                 pretend
                 this
                 to
                 be
                 an
                 Overshot-Mill
                 ,
                 as
                 they
                 call
                 
                 it
                 ;
                 though
                 it
                 be
                 plain
                 it
                 could
                 not
                 be
                 by
                 the
                 Place
                 ;
                 yet
                 we
                 have
                 three
                 Tide
                 Millers
                 that
                 we
                 would
                 trouble
                 you
                 with
                 a
                 little
                 ,
                 but
                 first
                 here
                 are
                 some
                 others
                 ,
                 
                   Bland
                   ,
                   Marr
                
                 ,
                 and
                 Leburn
                 ,
                 who
                 will
                 give
                 an
                 account
                 of
                 it
                 —
              
               
                 [
                 They
                 were
                 sworn
                 .
                 ]
              
               
                 —
                 Bland
                 ,
                 do
                 you
                 know
                 the
                 Houses
                 in
                 Question
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Yes
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 long
                 have
                 you
                 known
                 them
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Thirty
                 Years
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Pray
                 what
                 is
                 the
                 common
                 Reputation
                 whose
                 the
                 Lands
                 were
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 It
                 was
                 always
                 taken
                 to
                 be
                 the
                 Dean's
                 Lands
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Who
                 were
                 the
                 Tenants
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Mr.
                 Whitwick
                 and
                 Mr.
                 Winterburn
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pr'ythee
                 canst
                 thou
                 tell
                 what
                 was
                 taken
                 to
                 be
                 the
                 East
                 Boundary
                 of
                 
                   Wapping
                   Marsh
                
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Foxes-lane
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 that
                 the
                 Reputation
                 upon
                 your
                 Oath
                 ,
                 in
                 all
                 your
                 time
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Yes
                 ;
                 ever
                 since
                 I
                 knew
                 it
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Bland
                 ,
                 pray
                 do
                 you
                 know
                 the
                 Pond
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 The
                 Ponds
                 were
                 filled
                 up
                 ,
                 but
                 there
                 were
                 Ditches
                 in
                 my
                 time
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 near
                 were
                 the
                 Ditches
                 to
                 Foxes-lane
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Within
                 Ten
                 Foot.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 What
                 was
                 the
                 use
                 of
                 those
                 Ditches
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 The
                 Water
                 came
                 in
                 at
                 Bell-wharf
                 and
                 filled
                 up
                 the
                 Ditches
                 with
                 the
                 Tide
                 ,
                 and
                 so
                 it
                 went
                 back
                 again
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 Can
                 you
                 tell
                 who
                 purchased
                 these
                 Lands
                 of
                 the
                 State
                 in
                 the
                 late
                 times
                 ?
              
            
             
               
                 Bland
                 .
              
               
                 Whitwick
                 and
                 Winterburn
                 .
              
            
             
               
                 Sir
                 
                   Iohn
                   Trevor
                
                 .
              
               
                 Swear
                 
                   William
                   Kemp
                
                 and
                 Curtlett
                 .
              
            
             
               Which
               was
               done
               .
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Hark
                 you
                 ,
                 Mr.
                 Curtlet
                 ,
                 we
                 would
                 ask
                 you
                 a
                 Question
                 .
                 My
                 Lord
                 ,
                 your
                 Lordship
                 observes
                 there
                 is
                 a
                 Well
                 called
                 Shadwell
                 ,
                 that
                 is
                 at
                 the
                 East
                 end
                 of
                 their
                 Marsh.
                 We
                 shall
                 shew
                 where
                 that
                 Well
                 is
                 :
                 There
                 was
                 a
                 Well
                 very
                 lately
                 just
                 by
                 Wall-Marsh
                 ,
                 hard
                 by
                 the
                 place
                 where
                 the
                 Church
                 is
                 now
                 built
                 ,
                 which
                 was
                 called
                 Shadwell
                 ,
                 and
                 from
                 which
                 the
                 Church
                 has
                 its
                 Name
                 .
                 Curtlett
                 ,
                 do
                 you
                 know
                 Foxes-lane
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Yes
                 ,
                 I
                 do
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 long
                 have
                 you
                 known
                 it
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 have
                 known
                 it
                 Sixty
                 Years
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 When
                 you
                 first
                 knew
                 it
                 ,
                 whose
                 Land
                 was
                 it
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 am
                 ignorant
                 of
                 the
                 original
                 Title
                 ,
                 or
                 the
                 derivative
                 Title
                 ,
                 I
                 know
                 not
                 whose
                 it
                 was
                 or
                 is
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 But
                 whose
                 was
                 it
                 reputed
                 to
                 be
                 ,
                 that
                 we
                 mean
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Sometimes
                 it
                 was
                 reputed
                 Mrs.
                 Moors
                 ,
                 sometimes
                 Winterburns
                 ,
                 sometimes
                 ones
                 ,
                 sometimes
                 anothers
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Do
                 you
                 remember
                 the
                 Mill
                 that
                 was
                 in
                 this
                 Ground
                 in
                 Question
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Yes
                 ,
                 very
                 well
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 was
                 that
                 Mill
                 driven
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 The
                 Water
                 came
                 in
                 at
                 Bell-wharf
                 ,
                 Eastward
                 ,
                 out
                 of
                 the
                 Thames
                 into
                 the
                 Pond
                 ,
                 and
                 so
                 run
                 beyond
                 Broad-bridge
                 ,
                 and
                 vented
                 it self
                 into
                 divers
                 Ditches
                 ,
                 and
                 when
                 the
                 Tide
                 went
                 out
                 ,
                 it
                 returned
                 back
                 again
                 ,
                 and
                 imployed
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 far
                 went
                 the
                 Ditches
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Some
                 of
                 them
                 to
                 Foxes-lane
                 ,
                 and
                 one
                 principal
                 Ditch
                 turned
                 up
                 half
                 way
                 the
                 Lane
                 ,
                 that
                 People
                 were
                 forced
                 to
                 have
                 Boards
                 and
                 Planks
                 to
                 go
                 over
                 it
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 The
                 Thing
                 is
                 very
                 plain
                 ,
                 had
                 it
                 been
                 as
                 they
                 say
                 ,
                 an
                 Overshot
                 mill
                 ,
                 this
                 Provision
                 that
                 was
                 made
                 of
                 Water
                 for
                 it
                 ,
                 for
                 ought
                 I
                 see
                 ,
                 would
                 have
                 drowned
                 all
                 the
                 Ground
                 round
                 about
                 it
                 .
              
            
             
               
                 Curtlett
                 .
              
               
                 When
                 I
                 was
                 a
                 Boy
                 we
                 used
                 to
                 swim
                 in
                 that
                 Place
                 that
                 was
                 near
                 Shadwell
                 ,
                 in
                 the
                 Eady
                 ,
                 there
                 I
                 have
                 seen
                 the
                 Water
                 as
                 it
                 went
                 out
                 ,
                 and
                 the
                 Mill
                 wrought
                 with
                 it
                 as
                 it
                 went
                 back
                 again
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 there
                 not
                 a
                 way
                 when
                 you
                 knew
                 it
                 first
                 from
                 North
                 to
                 South
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 cannot
                 well
                 tell
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 there
                 not
                 a
                 way
                 from
                 Ratcliff-high-way
                 at
                 Cock-hill
                 to
                 the
                 River
                 of
                 Thames
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 There
                 was
                 a
                 common
                 way
                 for
                 Carts
                 and
                 Horses
                 down
                 to
                 the
                 Ballast-wharf
                 ,
                 and
                 there
                 was
                 a
                 great
                 vacant
                 Place
                 —
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 let
                 me
                 ask
                 you
                 ,
                 Did
                 you
                 ever
                 hear
                 these
                 Lands
                 reputed
                 to
                 be
                 Stepkin's
                 when
                 you
                 knew
                 them
                 first
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 We
                 have
                 heard
                 talk
                 of
                 that
                 Gentleman
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 ago
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 have
                 not
                 heard
                 of
                 him
                 this
                 Tweny
                 Years
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Have
                 you
                 above
                 Twenty
                 Years
                 ago
                 ?
              
            
             
               
               
                 Curtlett
                 .
              
               
                 If
                 I
                 did
                 hear
                 of
                 him
                 ,
                 I
                 do
                 not
                 believe
                 then
                 it
                 was
                 in
                 his
                 Possession
                 ;
                 I
                 cannot
                 tell
                 whose
                 Title
                 is
                 best
                 :
                 You
                 have
                 ,
                 I
                 suppose
                 ,
                 both
                 of
                 you
                 better
                 Witnesses
                 than
                 I
                 ;
                 Conveyances
                 and
                 Deeds
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 He
                 is
                 a
                 wise
                 Witness
                 ,
                 he
                 will
                 not
                 swear
                 whose
                 it
                 is
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 is
                 so
                 ,
                 Mr.
                 Attorney
                 ;
                 I
                 wish
                 yours
                 were
                 so
                 too
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Pray
                 what
                 was
                 it
                 beyond
                 Shadwell
                 ,
                 and
                 how
                 near
                 was
                 Shadwell
                 to
                 Marsh-Wall
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Shadwell
                 was
                 on
                 the
                 further
                 side
                 near
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 To
                 the
                 East
                 or
                 West
                 of
                 Foxes-lane
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 To
                 the
                 West
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Did
                 you
                 know
                 the
                 Well
                 that
                 is
                 called
                 Shadwell
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 know
                 there
                 was
                 such
                 a
                 small
                 Spring
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 it
                 lie
                 East
                 of
                 
                   Foxes
                   lane
                
                 or
                 West
                 do
                 you
                 say
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 West
                 it
                 lay
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Pray
                 did
                 the
                 place
                 where
                 you
                 used
                 to
                 swim
                 come
                 up
                 as
                 far
                 as
                 the
                 Wall
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Oh
                 ,
                 no.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 believe
                 that
                 was
                 within
                 the
                 Thames
                 only
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 near
                 have
                 you
                 swom
                 to
                 Foxes-lane
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 It
                 was
                 in
                 the
                 Thames
                 in
                 an
                 Eddy
                 ,
                 there
                 the
                 Water
                 went
                 underneath
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 In
                 whose
                 Ground
                 was
                 that
                 Well
                 that
                 you
                 call
                 Shadwell
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 cannot
                 tell
                 in
                 whose
                 Ground
                 it
                 was
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 it
                 in
                 the
                 Lynches
                 ,
                 or
                 in
                 the
                 Marsh
                 Ground
                 upon
                 your
                 Oath
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 cannot
                 tell
                 indeed
                 whose
                 Ground
                 it
                 was
                 in
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 it
                 rise
                 very
                 high
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 It
                 was
                 out
                 of
                 the
                 high
                 Ground
                 where
                 the
                 Church
                 is
                 built
                 .
              
            
             
               
                 Mr.
                 S.
                 Lutwich
                 .
              
               
                 Did
                 you
                 ever
                 hear
                 of
                 any
                 Well
                 but
                 what
                 lay
                 between
                 Foxes-lane
                 and
                 the
                 Mill
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 Sir
                 ,
                 I
                 can
                 only
                 give
                 an
                 account
                 where
                 that
                 Well
                 lies
                 that
                 was
                 called
                 Shadwell
                 ,
                 where
                 the
                 Church
                 is
                 now
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 many
                 Wells
                 have
                 you
                 known
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 None
                 but
                 that
                 ,
                 Sir.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 does
                 not
                 know
                 as
                 many
                 as
                 there
                 are
                 Pains
                 of
                 Glass
                 in
                 the
                 Window
                 ,
                 Mr.
                 Attorney
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 And
                 this
                 ,
                 he
                 says
                 ,
                 lay
                 West
                 of
                 Foxes-lane
                 ,
                 and
                 there
                 is
                 your
                 
                 Shadwell-Bounds
                 for
                 you
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 I
                 ask
                 you
                 again
                 ,
                 that
                 Spring
                 which
                 you
                 mentioned
                 ,
                 did
                 it
                 lye
                 in
                 the
                 Dean
                 and
                 Chapters
                 Lynches
                 ,
                 or
                 no
                 ?
              
            
             
               
                 Curtlett
                 .
              
               
                 I
                 tell
                 you
                 I
                 know
                 not
                 whose
                 the
                 Ground
                 was
                 ;
                 the
                 Church
                 stands
                 there
                 now
                 .
              
            
             
               
                 Mr.
                 S.
                 Lutwich
                 .
              
               
                 Did
                 it
                 lie
                 in
                 upper
                 Shadwell
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 He
                 answers
                 as
                 plain
                 as
                 any
                 Man
                 can
                 ;
                 it
                 was
                 where
                 the
                 Church
                 now
                 is
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Where
                 is
                 Kemp
                 ?
                 Do
                 you
                 know
                 the
                 Houses
                 in
                 Question
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 The
                 Houses
                 in
                 Shadwell
                 I
                 do
                 know
                 ,
                 between
                 Bell-wharf
                 and
                 Foxes-lane
                 ;
                 I
                 knew
                 them
                 before
                 they
                 were
                 Built
                 as
                 there
                 are
                 now
                 ;
                 there
                 were
                 some
                 small
                 Houses
                 built
                 here
                 and
                 there
                 all
                 along
                 .
                 There
                 was
                 a
                 Pond
                 and
                 Ditches
                 to
                 receive
                 the
                 Water
                 of
                 the
                 Tide
                 :
                 but
                 at
                 Broad-bridge
                 especially
                 there
                 were
                 Houses
                 along
                 to
                 the
                 Northward
                 ,
                 among
                 the
                 rest
                 ,
                 Mr.
                 
                 Craven's
                 House
                 who
                 had
                 a
                 large
                 Orchard
                 and
                 Garden
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Where
                 was
                 that
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Eastward
                 of
                 Foxes-lane
                 ,
                 and
                 several
                 other
                 Houses
                 there
                 were
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Whose
                 Inheritance
                 was
                 it
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Mrs.
                 Moor
                 was
                 my
                 Master's
                 Landlady
                 ,
                 and
                 Shadwell
                 was
                 reputed
                 her
                 Land
                 and
                 Ground
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 She
                 was
                 Lessee
                 under
                 the
                 Church
                 .
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 Did
                 you
                 know
                 the
                 Cutts
                 and
                 Ditches
                 in
                 that
                 Ground
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Yes
                 ,
                 Sir.
                 
              
            
             
               
                 Mr.
                 S.
                 Pemberton
                 .
              
               
                 How
                 far
                 went
                 they
                 Westward
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 The
                 Ditch
                 ran
                 all
                 in
                 one
                 till
                 it
                 came
                 to
                 Broad-bridge
                 where
                 it
                 parted
                 to
                 the
                 Northward
                 and
                 the
                 Westward
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 near
                 Foxes-lane
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Within
                 a
                 Dozen
                 or
                 Twenty
                 Yards
                 of
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 sort
                 of
                 Ground
                 was
                 it
                 ?
                 was
                 it
                 not
                 Marsh-Ground
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 A
                 Man
                 that
                 built
                 Boats
                 in
                 Winter
                 time
                 ,
                 put
                 his
                 Shallops
                 into
                 the
                 Pond
                 ,
                 otherwise
                 it
                 was
                 very
                 good
                 Ground
                 to
                 the
                 Northward
                 ,
                 there
                 were
                 very
                 many
                 good
                 Houses
                 built
                 and
                 since
                 Mr.
                 Neale
                 had
                 to
                 do
                 with
                 Shadwell
                 ,
                 they
                 have
                 built
                 in
                 Mr.
                 Cravens
                 ,
                 and
                 built
                 a
                 Water-house
                 and
                 two
                 other
                 Houses
                 there
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Read
                 the
                 Survey
                 again
                 that
                 mentions
                 
                 Craven's
                 House
                 there
                 .
              
            
             
               Which
               was
               done
               .
            
             
               
                 Kemp.
                 
              
               
                 That
                 was
                 bending
                 Northward
                 that
                 way
                 .
              
            
             
               
               
                 Mr.
                 Williams
                 .
              
               
                 It
                 is
                 part
                 of
                 the
                 seven
                 Acres
                 now
                 in
                 Question
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Do
                 not
                 you
                 contend
                 for
                 the
                 Brew-house
                 ?
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 for
                 the
                 Water-house
                 we
                 do
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 not
                 the
                 Water-house
                 built
                 upon
                 part
                 of
                 
                 Craven's
                 Ground
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Yes
                 ,
                 my
                 Lord
                 ;
                 it
                 is
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 When
                 did
                 you
                 know
                 this
                 first
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Fifty
                 Years
                 ago
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 was
                 this
                 Ground
                 Orchards
                 or
                 Gardens
                 then
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Several
                 places
                 of
                 it
                 were
                 Gardens
                 and
                 Orchards
                 ;
                 some
                 Places
                 had
                 Houses
                 ,
                 chiefly
                 to
                 the
                 Northward
                 ,
                 some
                 good
                 Houses
                 and
                 Orchards
                 ,
                 especially
                 Mr.
                 
                 Craven's
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 speak
                 of
                 the
                 Hilly
                 or
                 the
                 Low
                 Ground
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 The
                 Middle
                 Ground
                 ,
                 chiefly
                 that
                 that
                 lay
                 Northward
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 the
                 Lynches
                 ,
                 the
                 Hilly
                 Ground
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 Up
                 higher
                 to
                 Ratcliff-high-way
                 I
                 did
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Did
                 you
                 know
                 the
                 Ditch
                 that
                 came
                 under
                 the
                 bottom
                 of
                 the
                 Lynches
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 The
                 Stream
                 did
                 run
                 in
                 several
                 Places
                 ,
                 but
                 the
                 Ground
                 was
                 good
                 Ground
                 Northward
                 specially
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 were
                 there
                 any
                 Houses
                 built
                 on
                 the
                 South
                 side
                 of
                 that
                 Ditch
                 ?
              
            
             
               
                 Kemp.
                 
              
               
                 There
                 were
                 a
                 great
                 many
                 built
                 between
                 the
                 Ditch
                 and
                 the
                 Thames
                 ,
                 between
                 Bell-wharf
                 and
                 Foxes-lane
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 What
                 ,
                 Fifty
                 Years
                 ago
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Your
                 own
                 Survey
                 says
                 so
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Call
                 
                   Daniel
                   Hams
                
                 :
                 —
                 Swear
                 him
                 .
                 —
              
               
                 [
                 Which
                 was
                 done
                 .
                 ]
              
               
                 —
                 Do
                 you
                 know
                 the
                 Mill
                 and
                 Lands
                 in
                 Question
                 ?
              
            
             
               
                 Hams
                 .
              
               
                 I
                 knew
                 it
                 when
                 it
                 was
                 a
                 Mill.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 long
                 is
                 it
                 since
                 you
                 first
                 knew
                 it
                 ?
              
            
             
               
                 Hams
                 .
              
               
                 Forty
                 Years
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pr'ythee
                 what
                 a
                 kind
                 of
                 Mill
                 was
                 it
                 ?
              
            
             
               
                 Hams
                 .
              
               
                 A
                 Ground-shot-Mill
                 ,
                 she
                 took
                 in
                 Water
                 at
                 Bell-warf
                 ,
                 and
                 it
                 ran
                 towards
                 the
                 West
                 to
                 Foxes-lane
                 ,
                 in
                 several
                 Branches
                 and
                 Ditches
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 !
                 A
                 Ground-shot-mill
                 sayst
                 thou
                 ?
                 why
                 these
                 Gentlemen
                 say
                 it
                 was
                 an
                 Over-shot-mill
                 .
              
            
             
               
                 Hams
                 .
              
               
                 My
                 Lord
                 ,
                 It
                 could
                 be
                 no
                 Over-shot-mill
                 ,
                 for
                 the
                 Water
                 will
                 not
                 rise
                 high
                 enough
                 to
                 drive
                 such
                 a
                 Mill
                 ;
                 it
                 ran
                 in
                 several
                 Ditches
                 to
                 preserve
                 it
                 from
                 rising
                 to
                 overflow
                 the
                 Ground
                 .
                 Besides
                 ,
                 my
                 Father
                 ,
                 who
                 was
                 a
                 Mill-wright
                 himself
                 ,
                 told
                 me
                 he
                 had
                 known
                 it
                 Threescore
                 Years
                 ,
                 and
                 knew
                 it
                 always
                 a
                 Ground-shot-mill
                 :
                 He
                 told
                 me
                 of
                 all
                 the
                 Mill
                 ,
                 about
                 London
                 ,
                 what
                 they
                 were
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 how
                 old
                 was
                 your
                 Father
                 when
                 he
                 told
                 you
                 so
                 ?
              
            
             
               
                 Hams
                 .
              
               
                 He
                 had
                 known
                 them
                 he
                 said
                 ,
                 Sixty
                 Years
                 ,
                 and
                 he
                 has
                 been
                 dead
                 Twenty
                 Years
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Why
                 the
                 Mill
                 was
                 removed
                 .
                 he
                 could
                 not
                 know
                 it
                 so
                 long
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 know
                 no
                 Proof
                 of
                 it
                 but
                 your
                 Deeds
                 .
              
            
             
               
                 Hams
                 .
              
               
                 My
                 Lord
                 ,
                 there
                 it
                 was
                 ,
                 he
                 said
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Was
                 there
                 not
                 a
                 Pond
                 and
                 Ditches
                 ?
              
            
             
               
                 Hams
                 .
              
               
                 There
                 must
                 be
                 Ditches
                 to
                 receive
                 the
                 Water
                 as
                 it
                 came
                 in
                 ,
                 but
                 still
                 the
                 more
                 the
                 Tide
                 came
                 in
                 that
                 fill'd
                 up
                 the
                 Ponds
                 ,
                 and
                 as
                 it
                 went
                 back
                 again
                 ,
                 it
                 drove
                 the
                 Mill.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 What
                 Prosession
                 are
                 you
                 of
                 Pray
                 ?
              
            
             
               
                 Hams
                 .
              
               
                 I
                 am
                 a
                 Mill-wright
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Pray
                 do
                 they
                 make
                 use
                 of
                 a
                 Trough
                 in
                 such
                 a
                 Mill.
                 
              
            
             
               
                 Hams
                 .
              
               
                 They
                 do
                 for
                 an
                 Over-shot-mill
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Here
                 is
                 a
                 Trough
                 of
                 Lead
                 in
                 their
                 Lease
                 .
                 Do
                 not
                 they
                 in
                 an
                 Under-shot-Mill
                 .
              
            
             
               
                 Hams
                 .
              
               
                 No
                 ,
                 if
                 it
                 be
                 by
                 the
                 Tide
                 a
                 Ground-shot-mill
                 ,
                 there
                 is
                 no
                 necessity
                 of
                 a
                 Trough
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 We
                 have
                 a
                 great
                 many
                 Witnesses
                 to
                 this
                 Point
                 .
                 Swear
                 Grindy
                 —
              
               
                 [
                 Which
                 was
                 done
                 ]
              
               
                 —
                 Are
                 you
                 a
                 Mill-wright
                 ?
              
            
             
               
                 Grindy
                 .
              
               
                 I
                 am
                 only
                 a
                 Miller
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Did
                 you
                 know
                 the
                 Mill
                 in
                 Question
                 ?
              
            
             
               
                 Grindy
                 .
              
               
                 I
                 cannot
                 remember
                 it
                 ,
                 Sir.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 long
                 have
                 you
                 known
                 the
                 Place
                 ?
              
            
             
               
                 Grindy
                 .
              
               
                 Thirty
                 or
                 Forty
                 Years
                 :
                 But
                 I
                 had
                 no
                 acquaintance
                 with
                 that
                 Mill
                 they
                 speak
                 of
                 ;
                 But
                 I
                 know
                 it
                 is
                 impossible
                 for
                 any
                 Over-shot-mill
                 to
                 be
                 there
                 :
                 For
                 I
                 keep
                 part
                 of
                 a
                 Tide-mill
                 my self
                 ,
                 and
                 have
                 done
                 so
                 this
                 Forty
                 Years
                 ,
                 and
                 I
                 know
                 the
                 Water
                 must
                 rise
                 at
                 least
                 Ten
                 ,
                 Twelve
                 ,
                 or
                 Fourteen
                 Foot
                 higher
                 than
                 it
                 needs
                 in
                 a
                 Tide-mill
                 .
                 For
                 we
                 take
                 in
                 our
                 Water
                 as
                 the
                 Tide
                 comes
                 in
                 ,
                 and
                 we
                 have
                 a
                 pair
                 of
                 Gates
                 that
                 are
                 hung
                 with
                 Hinges
                 at
                 the
                 Top
                 ,
                 which
                 open
                 as
                 the
                 Tide
                 comes
                 in
                 ,
                 but
                 the
                 Water
                 as
                 it
                 goeth
                 out
                 ,
                 shuts
                 it
                 again
                 ,
                 and
                 that
                 keeps
                 the
                 Water
                 to
                 stand
                 three
                 or
                 four
                 Hours
                 in
                 some
                 Mills
                 ,
                 and
                 then
                 we
                 have
                 only
                 Gutts
                 that
                 belong
                 to
                 the
                 Wheel
                 ,
                 and
                 then
                 we
                 draw
                 up
                 the
                 Gates
                 the
                 Water
                 goes
                 out
                 .
                 We
                 have
                 no
                 Water
                 that
                 comes
                 above
                 the
                 Shaft
                 ,
                 which
                 is
                 half
                 the
                 Heighth
                 of
                 the
                 Wheell
                 ,
                 which
                 is
                 Sixteen
                 Foot
                 high
                 .
                 To
                 talk
                 of
                 an
                 Over-shot-mill
                 the
                 Water
                 must
                 rise
                 so
                 high
                 as
                 to
                 go
                 over
                 the
                 whole
                 Marsh.
                 
              
            
             
               
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 must
                 drown
                 all
                 the
                 Town
                 and
                 Country
                 too
                 .
                 It
                 is
                 plainly
                 so
                 ,
                 Mr.
                 Attorney
                 ,
                 talk
                 as
                 long
                 as
                 you
                 will.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Friend
                 ,
                 I
                 ask
                 you
                 but
                 one
                 short
                 ,
                 plain
                 Question
                 :
                 I
                 would
                 know
                 ,
                 can
                 they
                 use
                 a
                 Leaden
                 Trough
                 with
                 those
                 Tide-mills
                 ,
                 as
                 you
                 call
                 them
                 ?
              
            
             
               
                 Grindy
                 .
              
               
                 We
                 can
                 use
                 none
                 ,
                 nor
                 do
                 we
                 make
                 any
                 such
                 thing
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Would
                 not
                 the
                 Springs
                 in
                 the
                 Lynches
                 ,
                 carry
                 an
                 Over-shot-mill
                 ?
              
            
             
               
                 Grindy
                 .
              
               
                 Sir
                 ,
                 I
                 have
                 seen
                 the
                 Place
                 all
                 about
                 many
                 times
                 ,
                 and
                 I
                 will
                 lay
                 any
                 Man
                 20
                 l.
                 to
                 20
                 s.
                 that
                 all
                 the
                 Springs
                 thereabouts
                 shall
                 not
                 Produce
                 a
                 quarter
                 enough
                 Water
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Where
                 is
                 
                   George
                   Care
                
                 ?
                 Swear
                 him
                 —
              
               
                 [
                 Which
                 done
                 .
                 ]
              
               
                 —
                 Do
                 you
                 know
                 Foxes-lane
                 ?
              
            
             
               
                 Care.
                 
              
               
                 Very
                 well
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 How
                 long
                 have
                 you
                 known
                 it
                 ?
              
            
             
               
                 Care.
                 
              
               
                 Eight
                 and
                 Fifty
                 Years
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Did
                 you
                 know
                 Shadwell
                 ,
                 the
                 Well
                 so
                 called
                 ?
              
            
             
               
                 Care.
                 
              
               
                 That
                 I
                 did
                 ,
                 Sir.
                 
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Where
                 stood
                 it
                 pray
                 ?
              
            
             
               
                 Care.
                 
              
               
                 At
                 the
                 upper
                 End
                 of
                 Foxes-lane
                 as
                 we
                 go
                 Westward
                 ,
                 and
                 just
                 at
                 the
                 side
                 of
                 the
                 Church-yard
                 ,
                 there
                 is
                 one
                 now
                 and
                 brick'd
                 over
                 Head
                 ,
                 where
                 they
                 used
                 to
                 fetch
                 Water
                 :
                 I
                 never
                 knew
                 any
                 other
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Was
                 that
                 called
                 Shadwell
                 ?
              
            
             
               
                 Care.
                 
              
               
                 I
                 never
                 knew
                 any
                 other
                 but
                 what
                 I
                 tell
                 you
                 of
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 Pray
                 what
                 was
                 usually
                 taken
                 to
                 be
                 the
                 East-bound
                 of
                 Wapping-Marsh
                 ?
              
            
             
               
                 Care.
                 
              
               
                 The
                 West
                 side
                 of
                 Foxes-lane
                 was
                 called
                 Marsh-Wall
                 ,
                 or
                 
                   Wall
                   Marsh
                
                 ,
                 and
                 that
                 was
                 the
                 Boundary
                 to
                 
                 Stepkins's
                 Lands
                 ,
                 and
                 Eastward
                 was
                 always
                 the
                 Lands
                 of
                 the
                 Dean
                 of
                 Pauls
                 ,
                 and
                 I
                 have
                 known
                 it
                 this
                 Eight
                 and
                 Fifty
                 Years
                 ;
                 Nay
                 ,
                 I
                 was
                 the
                 first
                 that
                 ever
                 built
                 an
                 House
                 in
                 
                   Foxes
                   lane
                
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Do
                 you
                 know
                 the
                 Lynches
                 ,
                 or
                 the
                 High-Ground
                 Northward
                 ?
              
            
             
               
                 Care.
                 
              
               
                 I
                 know
                 it
                 not
                 by
                 that
                 Name
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 This
                 Well
                 you
                 speak
                 of
                 ,
                 did
                 it
                 not
                 rise
                 out
                 of
                 that
                 Ground
                 ?
              
            
             
               
                 Care.
                 
              
               
                 It
                 was
                 by
                 the
                 Church-yard
                 that
                 is
                 now
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 You
                 have
                 that
                 the
                 Inheritance
                 of
                 it
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Sir
                 ,
                 we
                 hope
                 we
                 shall
                 not
                 need
                 to
                 be
                 taught
                 which
                 is
                 our
                 Inheritance
                 .
                 Where
                 is
                 Mr.
                 Mar.
                 We
                 shall
                 now
                 my
                 Lord
                 answer
                 the
                 Admeasurement
                 made
                 by
                 her
                 Surveyor
                 Holwell
                 Pray
                 will
                 you
                 Mr.
                 Marr
                 ,
                 tell
                 the
                 Court
                 how
                 many
                 Acres
                 it
                 is
                 .
              
            
             
               
                 Marr.
                 
              
               
                 The
                 Land
                 which
                 is
                 counted
                 Wapping-Marsh
                 ,
                 which
                 is
                 bounded
                 on
                 Foxes-lane
                 East
                 ,
                 on
                 the
                 Dean's
                 Land
                 West
                 ,
                 upon
                 
                   Grash-Mill
                   ,
                   Well-close
                   ,
                   Nightinghal
                   lane
                   ,
                
                 &c.
                 if
                 we
                 take
                 it
                 to
                 the
                 upper
                 Ground
                 ,
                 doth
                 contain
                 130
                 Acres
                 ,
                 but
                 take
                 in
                 that
                 which
                 is
                 in
                 Question
                 too
                 ,
                 and
                 it
                 makes
                 141
                 Acres
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Did
                 you
                 measure
                 it
                 too
                 Mr.
                 Leyburn
                 .
              
            
             
               
                 Leyburn
                 .
              
               
                 I
                 did
                 so
                 too
                 ,
                 Sir
                 ,
                 and
                 it
                 is
                 as
                 he
                 says
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 How
                 much
                 is
                 it
                 ?
              
            
             
               
                 Leyburn
                 .
              
               
                 I
                 took
                 the
                 whole
                 from
                 St.
                 Katharines
                 to
                 Foxes-lane
                 ,
                 and
                 it
                 makes
                 130
                 Acres
                 besides
                 the
                 Upland
                 and
                 Foreland
                 ,
                 and
                 the
                 like
                 between
                 Grash-mill
                 and
                 Wall-marsh-wall
                 :
                 It
                 is
                 at
                 least
                 so
                 much
                 ;
                 it
                 is
                 ,
                 I
                 think
                 somewhat
                 more
                 ,
                 the
                 Ditches
                 being
                 undetermined
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 ,
                 what
                 is
                 it
                 all
                 this
                 while
                 you
                 keep
                 my
                 Brother
                 Gregory
                 for
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 If
                 your
                 Lordship
                 please
                 ,
                 we
                 have
                 only
                 a
                 short
                 Question
                 to
                 ask
                 Mr.
                 Baron
                 Gregory
                 ;
                 if
                 he
                 please
                 to
                 be
                 sworn
                 —
              
               
                 [
                 Which
                 was
                 done
                 .
                 ]
              
               
                 —
                 Where
                 is
                 Mr.
                 Knowles
                 ?
                 Sir
                 ,
                 you
                 were
                 pleased
                 to
                 say
                 that
                 the
                 Writings
                 were
                 carried
                 to
                 Mr.
                 
                 Neale's
                 Council
                 in
                 Grays-Inn
                 ,
                 and
                 that
                 that
                 Writing
                 was
                 among
                 them
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 They
                 wereso
                 ,
                 and
                 I
                 believe
                 it
                 was
                 among
                 them
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 My
                 Lord
                 ,
                 Mr.
                 Baron
                 Gregory
                 had
                 the
                 Perusal
                 of
                 these
                 Writings
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 ,
                 Mr.
                 Williams
                 ,
                 my
                 Brother
                 Gregory
                 was
                 not
                 named
                 to
                 be
                 the
                 Counsellor
                 in
                 Grays-Inn
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 No
                 ,
                 one
                 Gage
                 ,
                 or
                 some
                 such
                 Name
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 I
                 suppose
                 it
                 was
                 to
                 Mr.
                 
                 Cage's
                 Chamber
                 ,
                 that
                 married
                 
                 Okey's
                 Widow
                 .
              
            
             
               
                 M.
                 S.
                 Stringer
                 .
              
               
                 I
                 believe
                 it
                 was
                 ,
                 and
                 I
                 am
                 sorry
                 we
                 have
                 kept
                 Mr.
                 Baron
                 Gregory
                 so
                 long
                 .
              
            
             
               
                 Knowles
                 .
              
               
                 Pray
                 did
                 you
                 know
                 they
                 were
                 with
                 Mr.
                 Baron
                 Gregory
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 you
                 know
                 they
                 were
                 with
                 my
                 Brother
                 Gregory
                 ?
              
            
             
               
                 Knowles
                 .
              
               
                 No
                 ,
                 my
                 Lord
                 ,
                 that
                 I
                 remember
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Well
                 Brother
                 ,
                 we
                 cannot
                 help
                 your
                 staying
                 now
                 ,
                 but
                 remember
                 you
                 had
                 an
                 Offer
                 made
                 you
                 at
                 first
                 ,
                 and
                 you
                 are
                 punished
                 for
                 refusing
                 it
                 .
                 Go
                 on
                 Brother
                 Stringer
                 .
              
            
             
               
                 Mr.
                 
                   S.
                   Pemberton
                
                 .
              
               
                 My
                 Lord
                 ,
                 that
                 which
                 we
                 were
                 surprized
                 with
                 the
                 last
                 Trial
                 ,
                 was
                 the
                 Newness
                 of
                 these
                 Deeds
                 to
                 us
                 .
                 It
                 look'd
                 to
                 us
                 to
                 be
                 so
                 strange
                 a
                 thing
                 ,
                 so
                 amazing
                 a
                 thing
                 to
                 us
                 ,
                 that
                 we
                 knew
                 not
                 how
                 to
                 give
                 an
                 answer
                 to
                 it
                 .
                 We
                 have
                 since
                 considered
                 of
                 these
                 things
                 ,
                 and
                 your
                 Lordship
                 doth
                 see
                 what
                 account
                 they
                 themselves
                 have
                 given
                 of
                 them
                 .
                 And
                 what
                 an
                 improbability
                 it
                 is
                 that
                 these
                 Deeds
                 should
                 be
                 found
                 ,
                 as
                 they
                 say
                 .
                 Here
                 was
                 
                 a
                 Possession
                 which
                 we
                 have
                 proved
                 under
                 the
                 Dean
                 of
                 Pauls
                 Lease
                 for
                 so
                 long
                 ,
                 this
                 they
                 would
                 strip
                 us
                 of
                 these
                 Deeds
                 that
                 they
                 have
                 trumped
                 up
                 .
                 It
                 made
                 us
                 look
                 into
                 it
                 more
                 warily
                 ,
                 and
                 we
                 cannot
                 conceive
                 it
                 probable
                 ,
                 or
                 any
                 thing
                 likely
                 ,
                 that
                 the
                 Deed
                 of
                 Purchase
                 whereby
                 this
                 Land
                 is
                 pretended
                 to
                 be
                 purchased
                 into
                 the
                 Family
                 of
                 the
                 
                 Stepkins's
                 ,
                 should
                 be
                 found
                 in
                 the
                 Hands
                 of
                 the
                 Dean
                 of
                 Pauls
                 Lessee
                 ,
                 who
                 likewise
                 purchas'd
                 it
                 of
                 the
                 State
                 ,
                 as
                 the
                 Inheritance
                 of
                 the
                 Dean
                 of
                 Pauls
                 .
                 How
                 could
                 the
                 Deed
                 of
                 Purchase
                 from
                 Hill
                 be
                 in
                 our
                 Lessees
                 House
                 .
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 It
                 was
                 not
                 ,
                 that
                 is
                 a
                 mistake
                 .
              
            
             
               
                 Mr.
                 
                   S.
                   Pemberton
                
                 .
              
               
                 Good
                 Mr.
                 Attorney
                 ,
                 do
                 not
                 interrupt
                 me
                 .
                 We
                 must
                 rely
                 upon
                 it
                 that
                 they
                 swore
                 it
                 the
                 last
                 time
                 ,
                 and
                 that
                 the
                 Deed
                 of
                 Inheritance
                 made
                 four
                 days
                 before
                 our
                 Deed
                 ,
                 on
                 purpose
                 to
                 warrant
                 the
                 Trick
                 .
                 Here
                 is
                 likewise
                 a
                 Surrender
                 made
                 between
                 Hall
                 and
                 Stepkins
                 produced
                 .
                 How
                 the
                 Deans
                 Lessees
                 should
                 come
                 to
                 have
                 that
                 Deed
                 of
                 Surrender
                 ?
                 But
                 to
                 satisfie
                 your
                 Lordship
                 in
                 this
                 matter
                 ,
                 We
                 shall
                 give
                 a
                 Full
                 and
                 a
                 Fair
                 Evidence
                 ,
                 that
                 these
                 Deeds
                 are
                 forged
                 .
              
            
             
               
                 Mr.
                 Bradbury
                 .
              
               
                 My
                 Lord
                 ,
                 we
                 have
                 had
                 a
                 violent
                 suspicion
                 ,
                 that
                 these
                 Deeds
                 were
                 forged
                 .
                 But
                 we
                 suspect
                 it
                 now
                 no
                 longer
                 ,
                 for
                 we
                 have
                 detected
                 it
                 ,
                 and
                 will
                 shew
                 as
                 palpable
                 self-evident
                 Forgery
                 upon
                 the
                 Face
                 of
                 these
                 Deeds
                 as
                 ever
                 was
                 .
                 I
                 desire
                 to
                 see
                 the
                 Deed
                 of
                 the
                 13th
                 of
                 November
                 ,
                 in
                 the
                 2d
                 and
                 3d
                 years
                 of
                 Philip
                 and
                 Mary
                 from
                 
                   Marcellus
                   Hall
                
                 to
                 Roper
                 :
                 and
                 that
                 of
                 the
                 22th
                 of
                 December
                 ,
                 in
                 the
                 same
                 years
                 ,
                 from
                 
                   Marcellus
                   Hall
                
                 to
                 Carter
                 ,
                 I
                 desire
                 to
                 see
                 too
                 .
                 Your
                 Lordship
                 sees
                 the
                 use
                 of
                 these
                 Deeds
                 .
                 The
                 one
                 is
                 grafted
                 upon
                 our
                 Lease
                 from
                 Dean
                 Fecknam
                 ,
                 where
                 it
                 is
                 recited
                 ,
                 that
                 the
                 Mill
                 is
                 demolished
                 ,
                 and
                 a
                 new
                 one
                 erected
                 in
                 another
                 place
                 (
                 says
                 their
                 Deed
                 ,
                 )
                 and
                 upon
                 that
                 they
                 set
                 up
                 the
                 Notion
                 of
                 an
                 Overshot-Mill
                 ,
                 and
                 all
                 the
                 puzling
                 Matter
                 brought
                 into
                 this
                 Cause
                 .
                 But
                 I
                 dare
                 undertake
                 to
                 prove
                 them
                 plainly
                 forged
                 .
              
            
             
               
                 Mr.
                 Attorney
                 .
              
               
                 That
                 is
                 an
                 undertaking
                 indeed
                 .
              
            
             
               
                 Mr.
                 Bradbury
                 .
              
               
                 It
                 is
                 an
                 undertaking
                 indeed
                 to
                 detect
                 the
                 Defendants
                 Articles
                 ,
                 but
                 I
                 will
                 venture
                 upon
                 it
                 ,
                 and
                 shall
                 demonstrate
                 it
                 so
                 evidently
                 ,
                 that
                 Mr.
                 Attorney
                 himself
                 shall
                 be
                 convinced
                 they
                 are
                 forged
                 .
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 Come
                 on
                 ,
                 let
                 us
                 see
                 this
                 Demonstration
                 .
              
            
             
               
                 Mr.
                 Bradbury
                 .
              
               
                 The
                 Deeds
                 have
                 brought
                 that
                 Evidence
                 upon
                 their
                 own
                 Faces
                 ,
                 that
                 is
                 1000
                 Witnesses
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Prithee
                 open
                 the
                 Exception
                 .
              
            
             
               
                 Mr.
                 Bradbury
                 .
              
               
                 If
                 your
                 Lordship
                 please
                 to
                 look
                 upon
                 them
                 ,
                 the
                 Stile
                 of
                 the
                 King
                 and
                 Queen
                 in
                 both
                 run
                 thus
                 .
                 The
                 one
                 is
                 ,
                 This
                 Indenture
                 made
                 the
                 thirteenth
                 day
                 of
                 November
                 ,
                 in
                 the
                 Second
                 and
                 Third
                 Years
                 of
                 the
                 Reigns
                 of
                 our
                 Soveraign
                 Lord
                 and
                 Lady
                 Philip
                 and
                 Mary
                 ,
                 by
                 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
                 Bond
                 from
                 him
                 to
                 some
                 third
                 Person
                 for
                 1000
                 l.
                 and
                 several
                 Letters
                 pretended
                 to
                 be
                 written
                 from
                 Sir
                 Thomas
                 to
                 my
                 Lady
                 Ivy
                 ,
                 were
                 counterfeit
                 .
                 The
                 next
                 thing
                 that
                 I
                 remember
                 ;
                 Mr.
                 Duffett
                 was
                 writing
                 upon
                 a
                 Parchment
                 :
                 I
                 asked
                 him
                 what
                 he
                 was
                 writing
                 ?
                 He
                 answered
                 me
                 ,
                 he
                 was
                 counterfeiting
                 one
                 Glovers
                 Lease
                 ,
                 by
                 which
                 my
                 Lady
                 would
                 get
                 many
                 hundreds
                 of
                 Pounds
                 ,
                 and
                 for
                 which
                 he
                 should
                 have
                 500
                 l.
                 I
                 desired
                 him
                 to
                 consider
                 what
                 he
                 did
                 ,
                 for
                 before
                 that
                 time
                 he
                 had
                 been
                 accounted
                 a
                 very
                 honest
                 man.
                 Some
                 time
                 after
                 that
                 my
                 Lady
                 Ivy
                 did
                 upon
                 a
                 Pique
                 to
                 my
                 Mother
                 ,
                 my
                 Lady
                 Salthill
                 ,
                 set
                 a-foot
                 a
                 Mortgage
                 she
                 pretended
                 to
                 have
                 of
                 the
                 House
                 in
                 St.
                 
                   Martins
                   lane
                
                 for
                 1500
                 l.
                 from
                 my
                 Father
                 .
                 She
                 did
                 once
                 tell
                 me
                 she
                 had
                 such
                 a
                 Mortgage
                 ,
                 as
                 she
                 pretended
                 real
                 ,
                 but
                 that
                 it
                 was
                 drowned
                 in
                 a
                 Trunk
                 of
                 Writings
                 coming
                 from
                 Malmesbury
                 .
                 Said
                 I
                 ,
                 my
                 Mother
                 and
                 Sir
                 
                   Charles
                   Cotterell
                
                 will
                 not
                 believe
                 it
                 if
                 you
                 do
                 not
                 let
                 them
                 see
                 it
                 .
                 I
                 am
                 satisfied
                 as
                 to
                 my
                 concern
                 in
                 it
                 ,
                 and
                 would
                 not
                 have
                 you
                 proceed
                 in
                 it
                 ,
                 for
                 she
                 pretended
                 she
                 did
                 it
                 for
                 my
                 advantage
                 .
                 But
                 afterwards
                 Mr.
                 Duffett
                 and
                 she
                 did
                 agree
                 to
                 make
                 a
                 Writing
                 ,
                 in
                 my
                 sight
                 ,
                 of
                 a
                 Mortgage
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 my
                 Lady
                 Ivy
                 by
                 when
                 the
                 Writing
                 was
                 made
                 as
                 you
                 say
                 .
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 She
                 was
                 by
                 ,
                 giving
                 him
                 order
                 how
                 to
                 make
                 it
                 ,
                 and
                 what
                 Ink
                 he
                 should
                 use
                 to
                 make
                 it
                 look
                 old
                 ,
                 and
                 they
                 forced
                 me
                 to
                 make
                 the
                 Ink
                 ,
                 and
                 to
                 fetch
                 Saffron
                 to
                 put
                 in
                 it
                 to
                 make
                 it
                 look
                 old
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 Now
                 will
                 be
                 the
                 time
                 to
                 shew
                 my
                 Ladies
                 Letters
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Mrs.
                 I
                 would
                 ask
                 you
                 one
                 Question
                 by
                 the
                 way
                 ,
                 whether
                 while
                 these
                 things
                 were
                 doing
                 at
                 any
                 time
                 ,
                 any
                 body
                 did
                 come
                 in
                 and
                 give
                 you
                 any
                 Interruption
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 My
                 Lord
                 ,
                 Mr.
                 Duffett
                 and
                 my
                 Lady
                 made
                 me
                 oftentimes
                 stand
                 at
                 the
                 Door
                 (
                 for
                 we
                 were
                 but
                 Lodgers
                 )
                 that
                 no
                 one
                 might
                 come
                 and
                 disturb
                 them
                 ,
                 and
                 I
                 never
                 remember
                 any
                 that
                 came
                 in
                 thither
                 but
                 one
                 Mr.
                 Sutton
                 an
                 Attorney
                 ,
                 my
                 Lady's
                 Attorney
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Did
                 he
                 see
                 any
                 of
                 this
                 done
                 ?
              
            
             
               
                 Mrs.
                 Duffet
                 .
              
               
                 I
                 cannot
                 say
                 he
                 helped
                 to
                 do
                 any
                 thing
                 ,
                 for
                 when
                 he
                 came
                 in
                 they
                 sometimes
                 sent
                 me
                 out
                 to
                 see
                 that
                 no
                 Body
                 should
                 come
                 upon
                 them
                 ;
                 and
                 so
                 what
                 he
                 did
                 I
                 cannot
                 say
                 .
                 But
                 he
                 was
                 let
                 in
                 when
                 Mr.
                 Duffett
                 was
                 counterfeiting
                 for
                 my
                 Lady
                 Ivy.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 When
                 was
                 this
                 ,
                 about
                 what
                 time
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 Of
                 the
                 Day
                 ,
                 my
                 Lord.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 No
                 ,
                 how
                 long
                 ago
                 is
                 it
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 It
                 might
                 be
                 about
                 70
                 ,
                 or
                 71.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 You
                 are
                 my
                 Lady
                 Salkhills
                 Daughter
                 ,
                 I
                 think
                 ,
                 and
                 married
                 Duffett
                 .
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 I
                 did
                 so
                 ,
                 my
                 Lord
                 ,
                 I
                 am
                 her
                 Daughter
                 .
              
            
             
               
                 Mr.
                 S.
                 Stringer
                 .
              
               
                 Pray
                 what
                 did
                 they
                 do
                 to
                 the
                 Deeds
                 they
                 made
                 to
                 make
                 them
                 look
                 like
                 ancient
                 true
                 Deeds
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 For
                 the
                 making
                 of
                 the
                 Outsides
                 look
                 Old
                 and
                 Dirty
                 ,
                 they
                 used
                 to
                 rub
                 them
                 on
                 Windows
                 that
                 were
                 very
                 Dusty
                 ,
                 and
                 wear
                 them
                 in
                 their
                 Pockets
                 to
                 crease
                 them
                 ,
                 for
                 some
                 weeks
                 together
                 ,
                 according
                 as
                 they
                 intended
                 to
                 make
                 use
                 of
                 them
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 as
                 it
                 happens
                 we
                 have
                 that
                 Deed
                 she
                 talks
                 of
                 ,
                 called
                 Glovers
                 Lease
                 ,
                 here
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 I
                 suppose
                 you
                 have
                 such
                 a
                 Deed
                 ;
                 it
                 is
                 a
                 Famous
                 Deed
                 in
                 
                   Westminster
                   Hall.
                
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Here
                 it
                 is
                 ,
                 we
                 desire
                 she
                 may
                 look
                 upon
                 it
                 .
                 
                   [
                   Which
                   she
                   did
                   .
                   ]
                
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 As
                 for
                 this
                 Deed
                 ,
                 I
                 cannot
                 swear
                 this
                 is
                 the
                 Deed
                 ,
                 there
                 have
                 been
                 so
                 many
                 made
                 by
                 them
                 .
                 But
                 he
                 did
                 counterfeit
                 a
                 Deed
                 that
                 he
                 told
                 me
                 was
                 one
                 Glovers
                 Lease
                 .
              
            
             
               
               
                 Mr.
                 Williams
                 .
              
               
                 Mrs.
                 you
                 were
                 going
                 on
                 to
                 tell
                 how
                 they
                 did
                 use
                 their
                 Deeds
                 they
                 made
                 .
                 Pray
                 tell
                 us
                 how
                 they
                 used
                 to
                 lay
                 them
                 in
                 the
                 Balcony's
                 ,
                 and
                 all
                 you
                 know
                 of
                 the
                 Art.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Ay
                 ,
                 how
                 was
                 it
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 When
                 they
                 had
                 been
                 rubbed
                 upon
                 the
                 Window
                 to
                 make
                 them
                 look
                 Dirty
                 ,
                 and
                 they
                 were
                 to
                 pass
                 for
                 Deeds
                 of
                 a
                 great
                 many
                 years
                 standing
                 ,
                 it
                 was
                 used
                 to
                 lay
                 them
                 in
                 a
                 Balcony
                 ,
                 or
                 any
                 open
                 place
                 for
                 the
                 Rain
                 to
                 come
                 upon
                 them
                 and
                 Wet
                 them
                 ,
                 and
                 then
                 the
                 next
                 Sunshine-day
                 they
                 were
                 exposed
                 to
                 the
                 Sun
                 ,
                 or
                 a
                 Fire
                 made
                 to
                 dry
                 them
                 hastily
                 ,
                 that
                 they
                 might
                 be
                 shrivelled
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 your
                 Husband
                 dead
                 or
                 alive
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 Dead
                 Sir.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 How
                 long
                 has
                 he
                 been
                 dead
                 ?
              
            
             
               
                 Mrs.
                 Duffet
                 .
              
               
                 I
                 was
                 not
                 at
                 his
                 Death
                 with
                 him
                 ,
                 he
                 died
                 beyond
                 Sea.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Was
                 your
                 Husband
                 alive
                 when
                 Mr.
                 Iohnson's
                 business
                 was
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 Yes
                 ,
                 he
                 was
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Yes
                 ,
                 I
                 know
                 he
                 was
                 in
                 Court
                 ,
                 tho'
                 I
                 asked
                 the
                 Question
                 ,
                 I
                 remember
                 all
                 that
                 business
                 .
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 I
                 was
                 subpoena'd
                 in
                 at
                 that
                 time
                 ,
                 but
                 my
                 Lady
                 Ivy
                 would
                 not
                 let
                 me
                 swear
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pray
                 Mrs.
                 what
                 had
                 your
                 Husband
                 for
                 his
                 pains
                 ?
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Had
                 he
                 any
                 share
                 of
                 the
                 mony
                 lent
                 by
                 Sir
                 
                   Charles
                   Cotterell
                
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 My
                 Lady
                 Ivy
                 gave
                 him
                 in
                 my
                 sight
                 200
                 l.
                 of
                 Sir
                 Charles
                 Cotterell's
                 mony
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Do
                 you
                 know
                 any
                 body
                 else
                 that
                 had
                 any
                 of
                 that
                 mony
                 ?
              
            
             
               
                 Mrs.
                 Duffet
                 .
              
               
                 The
                 Attorney
                 had
                 200
                 l.
                 of
                 the
                 same
                 mony
                 too
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 What
                 Attorny
                 do
                 you
                 mean
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 
                   Mr.
                   Sutton
                
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Had
                 he
                 so
                 ,
                 how
                 come
                 he
                 to
                 deserve
                 it
                 ?
              
            
             
               
                 Mr.
                 Dobbins
                 .
              
               
                 Pray
                 ,
                 Madam
                 ,
                 what
                 do
                 you
                 know
                 of
                 counterfeiting
                 any
                 Seals
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 Mr.
                 Duffett
                 once
                 had
                 the
                 Impression
                 of
                 a
                 Seal
                 in
                 his
                 Hand
                 ,
                 which
                 he
                 said
                 he
                 was
                 going
                 to
                 one
                 
                   Mr.
                   Dryden
                
                 to
                 have
                 it
                 counterfeited
                 ,
                 but
                 I
                 do
                 not
                 remember
                 what
                 the
                 Seal
                 was
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 When
                 the
                 Deeds
                 were
                 written
                 ,
                 how
                 did
                 he
                 use
                 to
                 put
                 the
                 names
                 to
                 them
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 I
                 have
                 seen
                 my
                 Lady
                 her self
                 write
                 some
                 great
                 Letters
                 of
                 the
                 Names
                 first
                 upon
                 other
                 Papers
                 ,
                 which
                 Mr
                 Duffett
                 could
                 not
                 so
                 well
                 hit
                 ,
                 and
                 he
                 has
                 writ
                 the
                 rest
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Can
                 you
                 tell
                 the
                 Names
                 ?
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 Truly
                 I
                 do
                 not
                 remember
                 what
                 Names
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 We
                 have
                 another
                 Witness
                 who
                 will
                 give
                 you
                 an
                 account
                 of
                 some
                 Letters
                 of
                 my
                 Ladies
                 ,
                 which
                 we
                 shall
                 desire
                 to
                 be
                 read
                 .
                 Swear
                 Mrs.
                 
                   Elizabeth
                   Rycaut
                
                 .
                 
                   [
                   Which
                   was
                   done
                   .
                   ]
                
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 She
                 talks
                 of
                 Glovers
                 Lease
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 She
                 says
                 she
                 doth
                 not
                 know
                 whether
                 that
                 be
                 the
                 Deed
                 ,
                 there
                 were
                 so
                 many
                 forged
                 ,
                 Mr.
                 Attorney
                 .
                 But
                 she
                 swears
                 thus
                 ,
                 my
                 Husband
                 did
                 forge
                 a
                 Writing
                 he
                 called
                 Glovers
                 Lease
                 .
              
            
             
               
                 Mrs.
                 Duffett
                 .
              
               
                 She
                 had
                 two
                 or
                 three
                 Mortgages
                 forfeited
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Come
                 Mrs.
                 where
                 had
                 you
                 these
                 Letters
                 ?
              
            
             
               
                 Mrs.
                 Rycott
                 .
              
               
                 I
                 had
                 these
                 Letters
                 from
                 
                   Mr.
                   Duffett
                
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Pray
                 where
                 had
                 you
                 these
                 Bottles
                 ?
              
            
             
               
                 Mrs.
                 Rycott
                 .
              
               
                 This
                 is
                 the
                 Ink
                 I
                 saw
                 Mr.
                 Duffett
                 write
                 for
                 my
                 Lady
                 Ivy
                 with
                 ,
                 at
                 Mrs.
                 Lee's
                 House
                 at
                 the
                 Table
                 in
                 the
                 Kitchin.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Who
                 did
                 he
                 write
                 for
                 ?
              
            
             
               
                 Mrs.
                 Rycott
                 .
              
               
                 For
                 my
                 Lady
                 Ivy
                 ,
                 I
                 did
                 not
                 know
                 what
                 they
                 were
                 that
                 were-written
                 ,
                 but
                 he
                 said
                 they
                 were
                 forged
                 ;
                 and
                 with
                 Ink
                 out
                 of
                 these
                 Bottles
                 he
                 said
                 he
                 could
                 make
                 new
                 written
                 Writings
                 look
                 like
                 Old
                 ones
                 very
                 soon
                 .
              
            
             
               
                 Mr.
                 Williams
                 .
              
               
                 Did
                 you
                 ever
                 speak
                 with
                 my
                 Lady
                 Ivy
                 ;
                 do
                 you
                 know
                 her
                 Hand
                 ?
              
            
             
               
                 Mrs.
                 Rycott
                 .
              
               
                 I
                 do
                 not
                 know
                 these
                 Letters
                 to
                 be
                 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
                 thing
                 ,
                 now
                 we
                 would
                 have
                 gratified
                 them
                 with
                 a
                 sight
                 of
                 it
                 in
                 Court
                 ,
                 where
                 he
                 should
                 have
                 had
                 his
                 full
                 view
                 ,
                 for
                 my
                 Lady
                 has
                 it
                 still
                 ,
                 and
                 it
                 is
                 a
                 true
                 Mortgage
                 ,
                 and
                 for
                 a
                 real
                 Consideration
                 .
                 But
                 he
                 says
                 this
                 is
                 released
                 ,
                 and
                 she
                 did
                 that
                 as
                 is
                 supposed
                 to
                 suppress
                 any
                 Inquiry
                 after
                 it
                 .
                 But
                 with
                 Reverence
                 to
                 Sir
                 
                   Charles
                   Cotterell
                
                 ,
                 the
                 Fact
                 is
                 otherwise
                 .
                 My
                 Lady
                 Salthill
                 pretended
                 to
                 a
                 Debt
                 from
                 my
                 Lady
                 Ivy
                 for
                 Nine
                 Years
                 Diet
                 for
                 Four
                 Persons
                 ,
                 and
                 the
                 Reckoning
                 being
                 made
                 according
                 to
                 my
                 Lady
                 Ivy's
                 Quality
                 ,
                 was
                 made
                 so
                 high
                 ,
                 that
                 it
                 paid
                 off
                 the
                 Mortgage
                 :
                 But
                 he
                 has
                 the
                 Deed
                 still
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 what
                 say
                 you
                 to
                 the
                 Deed
                 of
                 Sale
                 ,
                 and
                 my
                 Friend
                 
                 Sutton's
                 Notes
                 out
                 of
                 the
                 Lease
                 ;
                 and
                 the
                 Debt
                 of
                 96
                 l.
                 and
                 4
                 l.
                 but
                 a
                 little
                 before
                 acknowledged
                 by
                 my
                 Lady
                 Ivy
                 —
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 in
                 answer
                 to
                 that
                 we
                 say
                 ,
                 he
                 has
                 been
                 pleased
                 to
                 give
                 it
                 a
                 great
                 deal
                 of
                 Garniture
                 ,
                 and
                 as
                 he
                 is
                 Master
                 of
                 the
                 Ceremonies
                 to
                 adorn
                 the
                 Story
                 with
                 abundance
                 of
                 Flourishes
                 of
                 his
                 own
                 Kindness
                 and
                 Interests
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Mr.
                 Solicitor
                 ,
                 you
                 are
                 not
                 to
                 judge
                 of
                 that
                 whether
                 it
                 be
                 Flourish
                 only
                 or
                 Substance
                 ,
                 the
                 Court
                 and
                 the
                 Jury
                 are
                 the
                 Judges
                 of
                 that
                 ,
                 and
                 truly
                 I
                 think
                 it
                 very
                 material
                 to
                 the
                 Cause
                 .
                 I
                 assure
                 you
                 I
                 do
                 let
                 the
                 Dirt
                 be
                 taken
                 off
                 as
                 it
                 can
                 ,
                 it
                 sticks
                 very
                 much
                 ,
                 I
                 must
                 speak
                 my
                 mind
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 When
                 I
                 am
                 over-ruled
                 I
                 acquiesce
                 in
                 the
                 Judgment
                 of
                 the
                 Court.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pray
                 ,
                 Sir
                 ,
                 apply
                 your self
                 to
                 answer
                 the
                 Evidence
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 So
                 I
                 do
                 ,
                 my
                 Lord
                 ,
                 as
                 well
                 as
                 I
                 can
                 .
                 The
                 next
                 Witness
                 is
                 this
                 Gentlewoman
                 ,
                 Mrs.
                 Duffet
                 ;
                 she
                 swears
                 that
                 she
                 saw
                 her
                 Husband
                 ,
                 Mr.
                 Duffett
                 ,
                 counterfeit
                 many
                 Deeds
                 ,
                 she
                 does
                 not
                 particularize
                 them
                 :
                 And
                 here
                 have
                 been
                 likewise
                 several
                 Letters
                 read
                 ,
                 that
                 did
                 import
                 a
                 Transaction
                 and
                 Correspondence
                 between
                 my
                 Lady
                 Ivy
                 and
                 him
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pray
                 ,
                 Mr.
                 Sollicitor
                 ,
                 remember
                 she
                 swears
                 she
                 saw
                 that
                 Lease
                 of
                 Salthills
                 ,
                 and
                 that
                 called
                 
                 Glover's
                 Lease
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 this
                 Witness
                 that
                 swears
                 this
                 ,
                 is
                 not
                 only
                 a
                 Person
                 unfit
                 to
                 be
                 believed
                 ;
                 but
                 is
                 contradicted
                 by
                 a
                 Record
                 ,
                 and
                 for
                 that
                 ,
                 my
                 Lord
                 ,
                 it
                 stands
                 thus
                 :
                 Mr.
                 Iohnson
                 as
                 is
                 well
                 known
                 ,
                 had
                 his
                 Tryal
                 for
                 the
                 matter
                 about
                 which
                 she
                 now
                 swears
                 :
                 For
                 Mr.
                 Iohnson
                 on
                 the
                 behalf
                 of
                 Alderman
                 Ireton
                 ,
                 undertook
                 to
                 pay
                 500
                 l.
                 to
                 Mr.
                 Duffett
                 ,
                 to
                 procure
                 somebody
                 to
                 swear
                 that
                 the
                 Deed
                 called
                 
                 Glover's
                 Lease
                 to
                 be
                 forged
                 .
                 Upon
                 this
                 there
                 was
                 an
                 Information
                 exhibited
                 in
                 this
                 Court
                 against
                 Mr.
                 Iohnson
                 ,
                 for
                 Subornation
                 ;
                 and
                 upon
                 full
                 Evidence
                 Iohnson
                 was
                 Convicted
                 for
                 his
                 Endeavour
                 .
                 And
                 the
                 Record
                 of
                 that
                 Conviction
                 we
                 have
                 here
                 ,
                 and
                 desire
                 to
                 have
                 produced
                 and
                 read
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 And
                 I
                 tell
                 you
                 ,
                 Mr.
                 Solicitor
                 ,
                 that
                 is
                 no
                 Evidence
                 in
                 this
                 Case
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Why
                 ,
                 pray
                 ,
                 good
                 my
                 Lord
                 ?
                 Did
                 not
                 they
                 here
                 just
                 now
                 swear
                 her
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 But
                 the
                 Information
                 put
                 in
                 by
                 Mr.
                 Attorney
                 Noy
                 ,
                 pray
                 remember
                 ,
                 was
                 not
                 suffered
                 to
                 be
                 read
                 ,
                 because
                 not
                 against
                 any
                 of
                 the
                 Parties
                 ,
                 but
                 third
                 Persons
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 But
                 pray
                 ,
                 my
                 Lord
                 ,
                 give
                 me
                 leave
                 to
                 apply
                 it
                 to
                 the
                 Objection
                 here
                 made
                 in
                 our
                 Case
                 to
                 the
                 Credit
                 of
                 our
                 Deeds
                 .
                 They
                 say
                 it
                 is
                 suspicious
                 ,
                 because
                 my
                 Lady
                 Ivy
                 used
                 to
                 forge
                 Deeds
                 ,
                 and
                 particularly
                 Duffett
                 they
                 say
                 ,
                 did
                 once
                 forge
                 for
                 her
                 
                 Glover's
                 Lease
                 .
                 Now
                 to
                 answer
                 that
                 ,
                 we
                 come
                 to
                 shew
                 that
                 my
                 Lady
                 Ivy
                 did
                 not
                 forge
                 
                 Glover's
                 Lease
                 ,
                 but
                 there
                 was
                 indeed
                 an
                 Art
                 used
                 to
                 persuade
                 Duffett
                 to
                 swear
                 it
                 forged
                 ,
                 when
                 indeed
                 it
                 was
                 not
                 ,
                 for
                 which
                 Trick
                 ,
                 Iohnson
                 ,
                 that
                 was
                 the
                 Agent
                 or
                 Instrument
                 ,
                 was
                 convicted
                 ,
                 and
                 that
                 Conviction
                 is
                 ,
                 I
                 think
                 ,
                 a
                 good
                 Evidence
                 that
                 it
                 was
                 not
                 forged
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 None
                 in
                 the
                 World
                 ,
                 Mr.
                 Sollicitor
                 ,
                 and
                 that
                 from
                 the
                 very
                 Evidence
                 that
                 has
                 been
                 given
                 in
                 this
                 Cause
                 this
                 Day
                 :
                 For
                 it
                 is
                 plain
                 ,
                 if
                 you
                 will
                 believe
                 this
                 Woman
                 (
                 and
                 I
                 yet
                 see
                 no
                 cause
                 to
                 the
                 contrary
                 )
                 that
                 she
                 was
                 coming
                 into
                 the
                 Court
                 to
                 have
                 sworn
                 the
                 Truth
                 ,
                 which
                 would
                 have
                 perhaps
                 cleared
                 Iohnson
                 ,
                 but
                 my
                 Lady
                 Ivy
                 would
                 needs
                 keep
                 
                 her
                 away
                 .
                 Now
                 if
                 Duffett
                 were
                 so
                 great
                 a
                 Rogue
                 as
                 to
                 forge
                 ,
                 he
                 would
                 not
                 stick
                 to
                 swear
                 to
                 protect
                 that
                 Forgery
                 ;
                 and
                 then
                 how
                 easy
                 a
                 thing
                 was
                 it
                 ,
                 had
                 Iohnson
                 been
                 the
                 greatest
                 Saint
                 in
                 the
                 World
                 ,
                 to
                 have
                 got
                 him
                 convicted
                 upon
                 what
                 Duffett
                 came
                 to
                 swear
                 against
                 him
                 ,
                 though
                 had
                 she
                 come
                 then
                 in
                 ,
                 Duffett
                 would
                 have
                 appeared
                 one
                 not
                 at
                 all
                 fit
                 to
                 be
                 credited
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 I
                 have
                 then
                 one
                 thing
                 more
                 to
                 offer
                 ,
                 I
                 cannot
                 tell
                 indeed
                 whether
                 it
                 be
                 material
                 ,
                 for
                 it
                 seems
                 I
                 have
                 been
                 so
                 unhappy
                 as
                 to
                 offer
                 some
                 things
                 that
                 have
                 not
                 been
                 though
                 material
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 You
                 have
                 so
                 indeed
                 ,
                 Mr.
                 Solicitor
                 ,
                 I
                 must
                 speak
                 the
                 Truth
                 ,
                 there
                 have
                 been
                 several
                 things
                 offered
                 as
                 Evidence
                 ,
                 which
                 in
                 another
                 cause
                 and
                 Place
                 would
                 not
                 I
                 am
                 sure
                 have
                 been
                 offered
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 My
                 Lord
                 ,
                 I
                 submit
                 what
                 I
                 offer
                 for
                 my
                 Client
                 to
                 the
                 Judgment
                 of
                 the
                 Court.
                 But
                 that
                 which
                 I
                 would
                 say
                 now
                 is
                 this
                 :
                 We
                 have
                 here
                 the
                 Husband's
                 Oath
                 concerning
                 this
                 matter
                 ,
                 that
                 this
                 Woman
                 who
                 now
                 takes
                 upon
                 her
                 to
                 swear
                 these
                 Forgeries
                 and
                 things
                 ,
                 told
                 him
                 she
                 could
                 have
                 500
                 l.
                 if
                 she
                 would
                 swear
                 against
                 my
                 Lady
                 Ivy.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Is
                 that
                 Evidence
                 against
                 the
                 Wife
                 ?
              
            
             
               
                 Mr.
                 Sollicitor
                 .
              
               
                 He
                 is
                 now
                 dead
                 it
                 seems
                 ,
                 but
                 here
                 is
                 his
                 Oath
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pray
                 consider
                 with
                 your self
                 ,
                 could
                 the
                 Husband
                 have
                 been
                 a
                 Witness
                 against
                 the
                 Wife
                 about
                 what
                 she
                 told
                 him
                 upon
                 an
                 Information
                 for
                 that
                 Offence
                 of
                 Subornation
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 No
                 ,
                 my
                 Lord
                 ,
                 I
                 think
                 not
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Could
                 the
                 Wife
                 be
                 an
                 Evidence
                 against
                 the
                 Husband
                 for
                 the
                 Forgery
                 ?
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 No
                 ,
                 my
                 Lord
                 ,
                 she
                 could
                 not
                 ;
                 and
                 yet
                 she
                 swears
                 it
                 upon
                 him
                 here
                 .
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 not
                 against
                 him
                 ,
                 Man
                 ,
                 he
                 is
                 out
                 of
                 the
                 Case
                 ,
                 but
                 against
                 my
                 Lady
                 Ivy
                 ;
                 and
                 how
                 can
                 the
                 Oath
                 of
                 the
                 Husband
                 be
                 Evidence
                 here
                 .
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Cryer
                 ,
                 call
                 Mr.
                 Gibson
                 to
                 give
                 an
                 account
                 of
                 this
                 Gentlewoman
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Suppose
                 my
                 Lord
                 ,
                 that
                 both
                 Husband
                 and
                 Wife
                 were
                 brought
                 as
                 Evidence
                 against
                 my
                 Lady
                 Ivy
                 ,
                 were
                 that
                 good
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Certainly
                 that
                 were
                 very
                 good
                 .
              
            
             
               
                 Mr.
                 Sol.
                 Gen.
                 
              
               
                 Why
                 then
                 my
                 Lord
                 ,
                 one
                 of
                 them
                 says
                 ,
                 that
                 she
                 saw
                 such
                 and
                 such
                 things
                 done
                 by
                 Lady
                 Ivy
                 ,
                 and
                 by
                 him
                 for
                 her
                 ;
                 and
                 the
                 other
                 says
                 ,
                 such
                 things
                 were
                 not
                 done
                 ,
                 but
                 she
                 confessed
                 she
                 could
                 have
                 500
                 l.
                 to
                 swear
                 they
                 were
                 done
                 :
                 Shall
                 not
                 this
                 Evidence
                 be
                 admitted
                 to
                 contradict
                 the
                 other
                 ?
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Why
                 ,
                 good
                 Lord
                 ,
                 Gentlemen
                 ,
                 is
                 the
                 Philosophy
                 of
                 this
                 so
                 witty
                 ,
                 that
                 it
                 need
                 be
                 so
                 confidently
                 urged
                 ?
                 is
                 it
                 good
                 Logick
                 ,
                 that
                 because
                 they
                 both
                 were
                 good
                 Witnesses
                 against
                 my
                 Lady
                 Ivy
                 ,
                 therefore
                 either
                 of
                 them
                 is
                 a
                 good
                 Witness
                 against
                 the
                 other
                 ?
                 Shall
                 the
                 Husband's
                 Oath
                 be
                 read
                 against
                 the
                 Wife
                 to
                 fix
                 a
                 Crime
                 upon
                 her
                 ?
                 Sure
                 you
                 do
                 not
                 intend
                 this
                 should
                 pass
                 for
                 Argument
                 ,
                 but
                 to
                 spend
                 time
                 .
              
            
             
               
                 Cryer
                 .
              
               
                 Here
                 is
                 Gibson
                 now
                 ,
                 Sir.
                 
              
            
             
               
                 Mr.
                 Att.
                 Gen.
                 
              
               
                 Swear
                 him
                 .
              
               
                 [
                 Which
                 was
                 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
                 depended
                 in
                 the
                 Evidence
                 of
                 it
                 upon
                 abundance
                 of
                 Circumstances
                 ,
                 so
                 that
                 it
                 may
                 be
                 impossible
                 for
                 me
                 to
                 remember
                 all
                 the
                 Evidence
                 that
                 has
                 been
                 given
                 .
                 But
                 as
                 neat
                 
                 as
                 I
                 can
                 I
                 will
                 give
                 you
                 what
                 Assistance
                 I
                 am
                 able
                 ,
                 in
                 recollecting
                 what
                 has
                 been
                 said
                 on
                 both
                 sides
                 .
                 Some
                 of
                 you
                 I
                 have
                 observed
                 have
                 taken
                 Notes
                 ,
                 and
                 that
                 will
                 save
                 me
                 and
                 you
                 some
                 trouble
                 ;
                 I
                 will
                 give
                 you
                 a
                 Scheme
                 fairly
                 of
                 that
                 which
                 is
                 the
                 Question
                 .
                 And
                 it
                 will
                 be
                 very
                 much
                 more
                 ease
                 to
                 you
                 ,
                 because
                 you
                 have
                 had
                 a
                 View
                 of
                 the
                 Matter
                 ,
                 than
                 can
                 be
                 thought
                 I
                 can
                 make
                 it
                 by
                 any
                 Direction
                 of
                 mine
                 .
              
               
                 The
                 Question
                 in
                 short
                 is
                 ,
                 Whether
                 seven
                 Acres
                 and
                 an
                 half
                 of
                 Land
                 ,
                 now
                 built
                 upon
                 to
                 a
                 very
                 great
                 value
                 ,
                 as
                 the
                 Witnesses
                 say
                 2000
                 l.
                 a
                 year
                 ,
                 lying
                 on
                 the
                 East-side
                 of
                 the
                 Lane
                 that
                 is
                 called
                 by
                 the
                 name
                 of
                 
                 Fox's
                 Lane
                 ,
                 betwixt
                 that
                 and
                 the
                 Mill
                 ,
                 called
                 
                   Ratcliff
                   Mill
                
                 ,
                 be
                 part
                 of
                 the
                 Marsh
                 that
                 formerly
                 belonged
                 to
                 the
                 Family
                 of
                 the
                 
                 Stepkins's
                 ;
                 or
                 whether
                 or
                 no
                 that
                 be
                 not
                 part
                 of
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 Inheritance
                 .
                 If
                 it
                 belong
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 ,
                 then
                 the
                 Issue
                 is
                 with
                 the
                 Lessor
                 of
                 the
                 Plaintiff
                 ;
                 but
                 if
                 it
                 be
                 the
                 Inheritance
                 of
                 the
                 
                 Stepkins's
                 ,
                 and
                 part
                 of
                 the
                 Marsh-land
                 ,
                 and
                 was
                 so
                 according
                 to
                 the
                 ancient
                 boundaries
                 ,
                 then
                 the
                 Issue
                 is
                 with
                 the
                 Defendant
                 .
              
               
                 The
                 Plaintiff
                 comes
                 and
                 shews
                 for
                 his
                 Title
                 .
                 First
                 ,
                 That
                 this
                 was
                 all
                 along
                 enjoyed
                 under
                 the
                 Church
                 of
                 Pauls
                 Leases
                 .
                 Knowles
                 who
                 formerly
                 did
                 receive
                 the
                 Rents
                 of
                 the
                 very
                 thing
                 in
                 Question
                 till
                 (
                 77
                 )
                 before
                 this
                 Question
                 ,
                 says
                 ,
                 in
                 his
                 Testimony
                 ,
                 he
                 received
                 them
                 in
                 the
                 Right
                 ,
                 and
                 on
                 the
                 behalf
                 of
                 Mr.
                 Neal
                 ,
                 who
                 claims
                 by
                 Lease
                 from
                 the
                 Dean
                 of
                 St.
                 Pauls
                 .
              
               
                 That
                 is
                 not
                 sufficient
                 to
                 maintain
                 his
                 Title
                 ,
                 but
                 they
                 come
                 and
                 shew
                 the
                 Original
                 ,
                 and
                 in
                 point
                 of
                 time
                 5
                 H.
                 8.
                 they
                 say
                 that
                 one
                 Dean
                 Collett
                 made
                 a
                 Lease
                 of
                 the
                 Lands
                 in
                 Question
                 for
                 45
                 years
                 .
                 And
                 to
                 prove
                 this
                 ,
                 a
                 Book
                 is
                 produced
                 to
                 you
                 ,
                 wherein
                 there
                 is
                 a
                 short
                 Entry
                 made
                 which
                 takes
                 no
                 notice
                 at
                 all
                 of
                 any
                 thing
                 more
                 ,
                 but
                 that
                 there
                 was
                 such
                 a
                 Lease
                 of
                 a
                 Mill
                 in
                 Shadwell
                 with
                 the
                 appurtenances
                 .
                 But
                 upon
                 their
                 producing
                 that
                 Writing
                 ,
                 it
                 is
                 found
                 to
                 be
                 a
                 Paper
                 Writing
                 ,
                 and
                 there
                 was
                 an
                 Objection
                 ,
                 and
                 a
                 material
                 one
                 ,
                 made
                 upon
                 the
                 Face
                 of
                 the
                 Thing
                 it self
                 .
                 For
                 there
                 were
                 two
                 places
                 that
                 seemed
                 to
                 be
                 suspicious
                 as
                 made
                 directly
                 to
                 humour
                 an
                 Evidence
                 of
                 such
                 a
                 Lease
                 in
                 5
                 H.
                 8.
                 having
                 Dr.
                 
                 Collett's
                 name
                 inserted
                 ,
                 who
                 hapned
                 to
                 be
                 Dean
                 of
                 Pauls
                 at
                 that
                 time
                 :
                 Whereas
                 Nowell
                 was
                 originally
                 the
                 Name
                 that
                 was
                 set
                 there
                 ,
                 with
                 the
                 same
                 hand
                 that
                 the
                 other
                 part
                 of
                 the
                 Writing
                 was
                 .
                 Thereupon
                 it
                 came
                 to
                 be
                 enquired
                 into
                 ,
                 how
                 it
                 came
                 to
                 pass
                 that
                 Nowels
                 Name
                 was
                 struck
                 out
                 and
                 Collets
                 put
                 in
                 .
                 That
                 seemed
                 to
                 insinuate
                 ,
                 as
                 if
                 this
                 was
                 contrived
                 on
                 purpose
                 to
                 shoar
                 up
                 an
                 Evidence
                 ,
                 and
                 humour
                 the
                 time
                 .
                 For
                 it
                 could
                 not
                 be
                 imagined
                 ,
                 that
                 Nowell
                 should
                 come
                 to
                 be
                 Dean
                 when
                 that
                 Lease
                 was
                 made
                 ,
                 who
                 was
                 not
                 Dean
                 till
                 so
                 long
                 after
                 ,
                 in
                 Queen
                 Elizabeths
                 time
                 as
                 I
                 take
                 it
                 .
                 Now
                 had
                 this
                 Objection
                 met
                 with
                 this
                 Book
                 alone
                 ,
                 it
                 would
                 have
                 made
                 the
                 Evidence
                 Lame
                 ,
                 and
                 they
                 would
                 have
                 been
                 thought
                 to
                 have
                 set
                 an
                 ill
                 Leg
                 forwards
                 .
                 But
                 to
                 take
                 off
                 that
                 ,
                 they
                 come
                 after
                 and
                 shew
                 a
                 Parchment
                 Scrole
                 ,
                 which
                 takes
                 notice
                 likewise
                 of
                 such
                 a
                 Lease
                 :
                 And
                 their
                 Officer
                 Spencer
                 says
                 he
                 had
                 seen
                 that
                 Scrole
                 many
                 years
                 ,
                 and
                 so
                 it
                 could
                 not
                 be
                 a
                 new
                 thing
                 for
                 this
                 purpose
                 .
                 It
                 is
                 an
                 old
                 Rental
                 ,
                 or
                 some
                 such
                 thing
                 ,
                 in
                 time
                 in
                 some
                 short
                 time
                 after
                 ,
                 where
                 is
                 mention
                 made
                 of
                 a
                 Lease
                 by
                 Dean
                 Collett
                 ,
                 5
                 H.
                 8.
                 for
                 45
                 Years
                 ,
                 which
                 humours
                 the
                 time
                 exactly
                 ,
                 and
                 supports
                 the
                 Credit
                 of
                 the
                 other
                 Evidence
                 .
                 This
                 is
                 that
                 they
                 give
                 as
                 an
                 Answer
                 to
                 that
                 Objection
                 .
                 It
                 might
                 be
                 a
                 mistake
                 as
                 to
                 the
                 Name
                 ,
                 but
                 this
                 will
                 shew
                 that
                 it
                 was
                 not
                 a
                 contrived
                 matter
                 for
                 this
                 purpose
                 .
              
               
                 The
                 next
                 Peice
                 of
                 Evidence
                 they
                 go
                 to
                 is
                 5
                 Ed.
                 6.
                 and
                 for
                 that
                 time
                 they
                 come
                 and
                 produce
                 Leases
                 ,
                 those
                 that
                 are
                 at
                 least
                 in
                 Law
                 evidences
                 of
                 Leases
                 ,
                 and
                 those
                 are
                 the
                 Church
                 Books
                 ,
                 Ancient
                 Books
                 that
                 have
                 been
                 always
                 read
                 and
                 allowed
                 for
                 Evidence
                 .
                 And
                 thereby
                 they
                 shew
                 that
                 one
                 Dr.
                 May
                 ,
                 then
                 Dean
                 of
                 St.
                 
                   Pauls
                   ,
                   viz.
                
                 23
                 Feb.
                 5
                 Ed.
                 6.
                 did
                 let
                 the
                 Lands
                 in
                 Question
                 to
                 
                   Ioan
                   Hall
                
                 and
                 
                   Marcellus
                   Hall
                
                 ,
                 and
                 he
                 let
                 it
                 as
                 the
                 Dean
                 and
                 Chapter
                 of
                 
                 Paul's
                 Lands
                 for
                 45
                 years
                 at
                 the
                 Rent
                 of
                 10
                 l.
                 a
                 year
                 .
              
               
                 Then
                 they
                 tell
                 you
                 in
                 the
                 2d
                 and
                 3d
                 of
                 Phil.
                 and
                 Mar.
                 10
                 December
                 ,
                 one
                 
                   Deane
                   Fecknam
                
                 takes
                 notice
                 of
                 the
                 former
                 Leases
                 ,
                 and
                 lets
                 it
                 to
                 
                   Marcellus
                   Hall
                
                 ;
                 and
                 that
                 is
                 for
                 90
                 years
                 ,
                 wherein
                 there
                 is
                 the
                 Old
                 Rent
                 taken
                 notice
                 of
                 ,
                 and
                 some
                 Increase
                 made
                 :
                 And
                 there
                 is
                 in
                 that
                 Lease
                 a
                 Covenant
                 to
                 repair
                 the
                 Mill
                 ,
                 and
                 that
                 has
                 given
                 a
                 Rise
                 to
                 something
                 that
                 makes
                 part
                 of
                 the
                 present
                 Question
                 ,
                 which
                 they
                 that
                 are
                 for
                 the
                 Defendant
                 call
                 a
                 License
                 to
                 remove
                 the
                 Mill.
                 You
                 Gentlemen
                 will
                 have
                 the
                 Deeds
                 with
                 you
                 ,
                 and
                 are
                 to
                 judge
                 of
                 them
                 .
              
               
                 The
                 Leases
                 from
                 5
                 H.
                 8.
                 to
                 this
                 Dean
                 Fecknam
                 ,
                 are
                 only
                 Leases
                 made
                 for
                 years
                 ,
                 and
                 by
                 reason
                 of
                 these
                 Leases
                 for
                 Years
                 ,
                 and
                 the
                 long
                 Lease
                 which
                 they
                 pretend
                 to
                 ,
                 the
                 Defendants
                 Counsel
                 insist
                 upon
                 it
                 ,
                 that
                 they
                 could
                 not
                 be
                 let
                 in
                 to
                 controvert
                 the
                 Plaintiffs
                 Title
                 ,
                 for
                 the
                 last
                 Lease
                 for
                 128
                 years
                 from
                 Stepkins
                 to
                 Hall
                 ,
                 expired
                 in
                 time
                 but
                 in
                 the
                 Year
                 1680.
                 
              
               
               
                 Now
                 say
                 the
                 Plaintiffs
                 Counsel
                 (
                 and
                 they
                 produce
                 that
                 which
                 is
                 very
                 material
                 in
                 the
                 Case
                 )
                 5
                 Aug.
                 1636.
                 
                 This
                 was
                 then
                 let
                 to
                 one
                 
                   Mary
                   More
                
                 ,
                 the
                 Relict
                 of
                 one
                 
                   Adrian
                   More
                
                 ,
                 formerly
                 the
                 Assignee
                 of
                 the
                 Lease
                 that
                 came
                 from
                 Dean
                 Fecknam
                 to
                 
                   Marcellus
                   Hall.
                
                 And
                 there
                 instead
                 of
                 continuing
                 it
                 a
                 Lease
                 for
                 Years
                 ,
                 he
                 lets
                 to
                 
                   Mary
                   Moor
                
                 ,
                 in
                 consideration
                 of
                 the
                 former
                 Leases
                 ,
                 and
                 turns
                 it
                 into
                 an
                 Estate
                 for
                 three
                 Lives
                 .
                 So
                 far
                 then
                 was
                 the
                 Dean
                 of
                 Pauls
                 from
                 apprehending
                 himself
                 to
                 be
                 but
                 Lessee
                 for
                 Years
                 ,
                 that
                 he
                 takes
                 upon
                 him
                 to
                 create
                 Freeholds
                 ,
                 which
                 only
                 he
                 that
                 has
                 the
                 Inheritance
                 can
                 do
                 .
              
               
                 They
                 go
                 on
                 further
                 ,
                 and
                 tell
                 you
                 ,
                 That
                 in
                 1640.
                 the
                 same
                 Dean
                 of
                 St.
                 Pauls
                 ,
                 she
                 having
                 sold
                 her
                 Interest
                 to
                 one
                 Whitwick
                 and
                 Winterburn
                 ,
                 there
                 is
                 a
                 new
                 Estate
                 made
                 to
                 them
                 for
                 three
                 Lives
                 .
                 These
                 continue
                 in
                 Possession
                 under
                 that
                 Lease
                 ,
                 till
                 Mr.
                 Neal
                 purchased
                 in
                 their
                 Interest
                 ;
                 and
                 his
                 Grace
                 of
                 Canterbury
                 ,
                 then
                 Dean
                 Sandcroft
                 ,
                 he
                 made
                 another
                 Lease
                 to
                 the
                 said
                 Mr.
                 Neal
                 for
                 three
                 Lives
                 ,
                 and
                 there
                 is
                 a
                 great
                 Increase
                 of
                 Rent
                 ,
                 80
                 l.
                 during
                 the
                 Life
                 of
                 one
                 of
                 the
                 former
                 Surviving
                 Lives
                 ,
                 and
                 then
                 to
                 100
                 l.
                 Then
                 comes
                 the
                 Lease
                 made
                 to
                 the
                 now
                 Lessors
                 of
                 the
                 Plaintiff
                 by
                 this
                 Reverend
                 Divine
                 that
                 is
                 here
                 ,
                 now
                 Dr.
                 Stillingfleet
                 ,
                 the
                 present
                 Dean
                 of
                 St.
                 Pauls
                 at
                 yearly
                 240
                 l.
                 And
                 this
                 is
                 the
                 substance
                 of
                 the
                 Evidence
                 first
                 given
                 by
                 the
                 Plaintiff
                 :
                 For
                 his
                 Title
                 which
                 is
                 underneath
                 that
                 last
                 Lease
                 of
                 Dean
                 Stillingfleet
                 ,
                 which
                 they
                 say
                 is
                 a
                 good
                 Title
                 ;
                 and
                 in
                 case
                 it
                 doth
                 appear
                 that
                 the
                 Lands
                 are
                 the
                 Inheritance
                 of
                 the
                 Dean
                 of
                 Pauls
                 ,
                 '
                 it
                 is
                 not
                 controverted
                 by
                 the
                 Defendants
                 ,
                 but
                 that
                 the
                 Plaintiff
                 must
                 have
                 a
                 Verdict
                 for
                 him
                 .
              
               
                 But
                 say
                 they
                 which
                 are
                 for
                 the
                 Defendants
                 ,
                 this
                 is
                 not
                 their
                 Inheritance
                 ,
                 but
                 the
                 Defendants
                 ;
                 and
                 to
                 prove
                 their
                 Objection
                 ,
                 they
                 produce
                 abundance
                 of
                 Deeds
                 ,
                 of
                 which
                 ,
                 as
                 well
                 as
                 I
                 can
                 ,
                 I
                 will
                 give
                 you
                 a
                 punctual
                 and
                 particular
                 account
                 .
                 For
                 with
                 all
                 the
                 faith
                 and
                 fidelity
                 I
                 can
                 ,
                 I
                 will
                 give
                 you
                 the
                 Substance
                 of
                 what
                 has
                 been
                 said
                 on
                 both
                 sides
                 .
              
               
                 First
                 ,
                 It
                 is
                 not
                 to
                 be
                 doubted
                 ,
                 for
                 it
                 is
                 beyond
                 all
                 Contradiction
                 plain
                 ,
                 there
                 were
                 130
                 Acres
                 of
                 Marsh-land
                 ,
                 Lands
                 covered
                 with
                 Water
                 ,
                 which
                 one
                 Vander-Delf
                 ,
                 a
                 Dutchman
                 ,
                 undertook
                 to
                 Drain
                 ,
                 and
                 had
                 an
                 Act
                 of
                 Parliament
                 made
                 Anno
                 27
                 H.
                 8.
                 to
                 encourage
                 him
                 for
                 his
                 endeavours
                 to
                 drain
                 it
                 ,
                 giving
                 him
                 the
                 one
                 half
                 .
                 That
                 Act
                 of
                 Parliament
                 is
                 produced
                 ,
                 and
                 it
                 is
                 there
                 said
                 to
                 be
                 130
                 Acres
                 .
              
               
                 Now
                 you
                 are
                 to
                 take
                 notice
                 of
                 the
                 boundaries
                 of
                 this
                 Marsh-land
                 ,
                 as
                 making
                 the
                 state
                 of
                 this
                 Question
                 .
                 The
                 Act
                 of
                 Parliament
                 bounds
                 the
                 Marsh
                 upon
                 the
                 Hermitage
                 ,
                 or
                 such
                 a
                 Mill
                 ,
                 called
                 Grash-Mill
                 ,
                 upon
                 the
                 West
                 .
                 It
                 is
                 bounded
                 on
                 the
                 High-way
                 ,
                 leading
                 to
                 Ratcliff
                 ,
                 on
                 the
                 North
                 ,
                 which
                 is
                 called
                 Ratcliff
                 High-way
                 to
                 this
                 day
                 ;
                 it
                 is
                 bounded
                 to
                 the
                 River
                 of
                 Thames
                 on
                 the
                 South
                 ,
                 and
                 it
                 is
                 bounded
                 upon
                 the
                 Town
                 of
                 Ratcliff
                 towards
                 the
                 East
                 .
              
               
                 Afterwards
                 in
                 H.
                 8
                 ths
                 time
                 comes
                 in
                 
                   Richard
                   Hill
                
                 ,
                 who
                 was
                 owner
                 of
                 some
                 part
                 of
                 this
                 Marsh
                 (
                 Vander-Delfs
                 moiety
                 )
                 and
                 he
                 in
                 time
                 32
                 H.
                 8.
                 became
                 indebted
                 to
                 one
                 Salvago
                 and
                 another
                 ,
                 and
                 there
                 he
                 comes
                 and
                 acknowledges
                 a
                 Statute
                 to
                 them
                 for
                 their
                 Debt
                 .
                 And
                 because
                 I
                 would
                 have
                 you
                 have
                 all
                 things
                 before
                 your
                 view
                 that
                 were
                 done
                 at
                 one
                 time
                 )
                 in
                 the
                 same
                 Year
                 there
                 is
                 a
                 Mortgage
                 made
                 of
                 the
                 Lands
                 of
                 
                   Richard
                   Hill
                
                 (
                 among
                 which
                 they
                 for
                 the
                 Defendant
                 apprehend
                 are
                 comprized
                 the
                 Lands
                 in
                 Question
                 (
                 as
                 Marsh-land
                 )
                 to
                 Salvago
                 for
                 the
                 payment
                 of
                 their
                 mony
                 :
                 )
                 and
                 in
                 that
                 Mortgage
                 the
                 same
                 words
                 are
                 made
                 use
                 of
                 for
                 the
                 boundaries
                 ,
                 as
                 are
                 in
                 the
                 Draining
                 Act.
                 This
                 to
                 derive
                 their
                 Title
                 ,
                 they
                 produce
                 to
                 shew
                 ,
                 that
                 there
                 was
                 such
                 an
                 Ownership
                 ,
                 and
                 such
                 a
                 Mortgage
                 .
              
               
                 Then
                 they
                 tell
                 you
                 that
                 37
                 H.
                 8.
                 the
                 same
                 
                   Richard
                   Hill
                
                 ,
                 he
                 goes
                 and
                 divides
                 some
                 part
                 of
                 these
                 Lands
                 ,
                 that
                 is
                 to
                 say
                 Eleaven
                 Acres
                 and
                 a
                 half
                 ,
                 and
                 that
                 he
                 conveys
                 away
                 by
                 Lease
                 for
                 34
                 years
                 to
                 
                   Marcellus
                   Hall
                
                 ,
                 whom
                 I
                 name
                 the
                 more
                 particularly
                 ,
                 because
                 it
                 is
                 a
                 Name
                 that
                 has
                 been
                 much
                 canvassed
                 ,
                 and
                 gives
                 a
                 Countenance
                 to
                 the
                 Title
                 on
                 both
                 sides
                 .
                 Now
                 in
                 that
                 Deed
                 whereby
                 this
                 is
                 thus
                 conveyed
                 to
                 
                   Marcellus
                   Hall
                
                 ,
                 there
                 is
                 no
                 notice
                 taken
                 particularly
                 of
                 the
                 Eastern
                 boundary
                 to
                 be
                 the
                 Mill
                 ,
                 or
                 the
                 Mill-bank
                 ,
                 or
                 the
                 Hilly-bank
                 .
                 Now
                 say
                 they
                 ,
                 the
                 Mill
                 was
                 just
                 upon
                 the
                 Point
                 ,
                 hard
                 by
                 that
                 place
                 that
                 is
                 called
                 now
                 by
                 the
                 name
                 of
                 Cockhill
                 ,
                 and
                 so
                 that
                 Boundary
                 doth
                 take
                 in
                 the
                 thing
                 in
                 Question
                 ,
                 the
                 seven
                 Acres
                 and
                 an
                 half
                 ,
                 because
                 that
                 Deed
                 takes
                 notice
                 of
                 the
                 Mill
                 Hilly-bank
                 or
                 Way
                 .
              
               
                 In
                 the
                 next
                 place
                 they
                 offer
                 you
                 this
                 for
                 Evidence
                 ,
                 that
                 in
                 6
                 Ed.
                 6.
                 the
                 same
                 
                   Richard
                   Hill
                
                 for
                 130
                 l.
                 sells
                 his
                 Land
                 to
                 
                   Thomas
                   Stepkins
                
                 .
                 And
                 when
                 it
                 comes
                 to
                 convey
                 the
                 Inheritance
                 to
                 him
                 ,
                 it
                 is
                 laid
                 to
                 be
                 under
                 the
                 same
                 boundaries
                 ,
                 as
                 are
                 mentioned
                 there
                 bounded
                 on
                 the
                 Hilly-bank
                 or
                 Mill-bank
                 Eastward
                 .
                 Now
                 ,
                 say
                 they
                 ,
                 that
                 sheweth
                 plainly
                 ,
                 that
                 still
                 the
                 Mill
                 was
                 the
                 thing
                 that
                 was
                 intended
                 to
                 the
                 Boundary
                 ;
                 and
                 there
                 being
                 seven
                 Acres
                 and
                 an
                 half
                 of
                 Land
                 between
                 the
                 Mill
                 and
                 the
                 Western
                 bounds
                 ,
                 those
                 seven
                 Acres
                 cannot
                 be
                 construed
                 to
                 extend
                 to
                 a
                 Mill
                 with
                 the
                 Appurtenances
                 ,
                 but
                 rather
                 it
                 is
                 to
                 bound
                 upon
                 the
                 Mill
                 and
                 include
                 the
                 Lands
                 ,
                 then
                 to
                 have
                 the
                 Lands
                 go
                 with
                 the
                 Mill.
                 
              
               
               
                 They
                 proceed
                 further
                 and
                 say
                 ,
                 that
                 
                   Tomas
                   Stepkins
                
                 the
                 same
                 Year
                 did
                 for
                 50
                 l.
                 let
                 this
                 to
                 
                   Marcellus
                   Hall
                
                 ,
                 for
                 128
                 years
                 at
                 a
                 Pepper-corn
                 Rent
                 ,
                 which
                 Lease
                 expired
                 but
                 in
                 1680.
                 and
                 till
                 now
                 we
                 could
                 not
                 come
                 to
                 litigate
                 that
                 Matter
                 ,
                 because
                 he
                 had
                 made
                 such
                 a
                 Lease
                 .
                 But
                 then
                 I
                 am
                 to
                 take
                 notice
                 by
                 the
                 Way
                 ,
                 and
                 so
                 must
                 you
                 into
                 the
                 Bargain
                 ;
                 there
                 is
                 another
                 boundary
                 made
                 there
                 ,
                 abutting
                 on
                 the
                 Well
                 there
                 ,
                 called
                 Shadwell
                 ,
                 and
                 the
                 way
                 leading
                 from
                 Shadwell
                 to
                 the
                 Lynches
                 .
              
               
                 After
                 this
                 they
                 come
                 to
                 tell
                 you
                 further
                 ,
                 that
                 
                   Marcellus
                   Hall
                
                 22
                 December
                 ,
                 2
                 and
                 3.
                 
                 Phil.
                 and
                 Mar.
                 let
                 a
                 Lease
                 to
                 Carter
                 ,
                 and
                 that
                 was
                 for
                 20
                 Years
                 .
                 Now
                 you
                 are
                 to
                 take
                 notice
                 that
                 in
                 this
                 Lease
                 of
                 Carters
                 ,
                 there
                 is
                 notice
                 taken
                 of
                 a
                 Mill
                 ,
                 and
                 about
                 an
                 Acre
                 of
                 Land
                 thereto
                 belonging
                 ,
                 very
                 carefully
                 put
                 in
                 .
                 And
                 that
                 say
                 ,
                 they
                 sheweth
                 that
                 your
                 Boundary
                 could
                 not
                 extend
                 to
                 so
                 much
                 as
                 seven
                 Acres
                 .
              
               
                 And
                 to
                 back
                 that
                 Evidence
                 ,
                 they
                 shew
                 you
                 a
                 certain
                 Survey
                 ,
                 taken
                 in
                 Queen
                 
                 Elizabeth's
                 time
                 ,
                 concerning
                 the
                 Mannor
                 of
                 Stepney
                 ,
                 which
                 you
                 are
                 by
                 consent
                 to
                 have
                 with
                 you
                 ,
                 and
                 you
                 will
                 do
                 well
                 to
                 consider
                 it
                 well
                 in
                 your
                 Perusal
                 of
                 it
                 .
              
               
                 And
                 now
                 comes
                 the
                 main
                 Deed.
                 Say
                 the
                 Defendants
                 Counsel
                 ,
                 it
                 falls
                 out
                 that
                 you
                 are
                 but
                 Lessee
                 under
                 
                   Marcellus
                   Hall
                
                 ,
                 who
                 was
                 Lessee
                 under
                 us
                 ,
                 and
                 was
                 obliged
                 in
                 a
                 particular
                 Covenant
                 ,
                 that
                 he
                 should
                 not
                 let
                 any
                 part
                 of
                 this
                 Land
                 without
                 the
                 License
                 of
                 our
                 Ancestor
                 Stepkins
                 ,
                 who
                 made
                 him
                 such
                 a
                 long
                 Lease
                 .
                 But
                 it
                 hapned
                 he
                 had
                 a
                 mind
                 to
                 let
                 some
                 part
                 of
                 this
                 Land
                 to
                 the
                 Dean
                 of
                 Pauls
                 ,
                 from
                 whom
                 he
                 had
                 a
                 Lease
                 of
                 the
                 Mill.
                 And
                 accordingly
                 he
                 had
                 a
                 License
                 from
                 Stepkins
                 so
                 to
                 do
                 ,
                 which
                 ,
                 say
                 they
                 ,
                 is
                 the
                 reason
                 why
                 they
                 come
                 to
                 lay
                 claim
                 to
                 our
                 Land.
                 This
                 they
                 take
                 notice
                 to
                 be
                 in
                 time
                 ,
                 16
                 Nov.
                 2
                 and
                 3
                 Phil.
                 and
                 Mar.
                 When
                 I
                 must
                 tell
                 you
                 by
                 the
                 Way
                 ,
                 that
                 the
                 first
                 Lease
                 pretended
                 by
                 them
                 to
                 be
                 made
                 to
                 
                   Marcellus
                   Hall
                
                 ,
                 is
                 the
                 long
                 one
                 ,
                 6
                 Ed.
                 6.
                 by
                 
                   Thomas
                   Stepkins
                
                 ;
                 so
                 that
                 
                   Marcellus
                   Hall
                
                 came
                 to
                 be
                 Lessee
                 under
                 the
                 Dean
                 and
                 Chapter
                 ,
                 before
                 he
                 had
                 any
                 Authority
                 or
                 Interest
                 from
                 Stepkins
                 ,
                 nay
                 before
                 he
                 had
                 any
                 Lease
                 from
                 Hill.
                 
              
            
             
               
                 Mr.
                 
                   Att.
                   Gen.
                
                 
              
               
                 My
                 Lord
                 ,
                 if
                 your
                 Lordship
                 pleases
                 to
                 remember
                 ,
                 
                   Marcellus
                   Hall
                
                 did
                 take
                 first
                 by
                 Lease
                 from
                 
                   Richard
                   Hill
                
                 in
                 37
                 H.
                 8.
                 
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 Pardon
                 me
                 ,
                 Mr.
                 Attorney
                 ,
                 I
                 did
                 not
                 Misrepeat
                 it
                 ;
                 I
                 say
                 he
                 first
                 had
                 a
                 Lease
                 from
                 the
                 Dean
                 and
                 Chapter
                 .
              
            
             
               
                 M.
                 
                   Att.
                   Gen.
                
                 
              
               
                 That
                 was
                 of
                 the
                 Mill
                 only
                 —
              
            
             
               
                 L.
                 C.
                 I.
                 
              
               
                 That
                 is
                 contented
                 ,
                 and
                 the
                 very
                 gist
                 of
                 the
                 Question
                 ,
                 Mr.
                 Attorney
                 ,
                 how
                 much
                 is
                 comprehended
                 in
                 that
                 Lease
                 ?
              
               
                 But
                 to
                 go
                 on
                 with
                 the
                 Defendants
                 Evidence
                 .
                 Then
                 in
                 Novemb.
                 2
                 and
                 3
                 Phil.
                 and
                 Mar.
                 is
                 the
                 Deed
                 to
                 Roper
                 ,
                 of
                 which
                 I
                 shall
                 have
                 occasion
                 to
                 say
                 more
                 anon
                 .
              
               
                 In
                 5
                 and
                 6
                 Phil.
                 and
                 Mar.
                 comes
                 
                   Iasper
                   Hill
                
                 ,
                 the
                 Son
                 of
                 
                   Richard
                   Hill
                
                 (
                 the
                 first
                 Owner
                 of
                 the
                 Land
                 ,
                 and
                 that
                 entred
                 into
                 the
                 Statute
                 to
                 Salvago
                 ,
                 )
                 he
                 makes
                 a
                 Conveyance
                 to
                 
                   Macheline
                   Stepkin
                
                 ,
                 Thomas's
                 his
                 Widow
                 and
                 
                   Iohn
                   Stepkin
                
                 his
                 Heir
                 ,
                 Mother
                 and
                 Son
                 ;
                 upon
                 which
                 afterwards
                 there
                 is
                 a
                 Surrender
                 made
                 by
                 
                   Marcellus
                   Hall
                
                 to
                 
                   Iohn
                   Stepkins
                
                 ,
                 Son
                 and
                 Heir
                 of
                 Thomas
                 ,
                 of
                 four
                 Acres
                 ,
                 which
                 ,
                 say
                 they
                 ,
                 was
                 not
                 assigned
                 with
                 the
                 other
                 seven
                 to
                 the
                 Dean
                 of
                 Pauls
                 .
              
               
                 Then
                 in
                 3
                 Elizabeth
                 ,
                 pursuant
                 to
                 the
                 Conveyance
                 made
                 by
                 
                   Iasper
                   Hill
                
                 to
                 the
                 
                 Stepkins's
                 ,
                 there
                 is
                 a
                 Fine
                 and
                 Recovery
                 suffer'd
                 ,
                 and
                 4
                 Elizabeth
                 ,
                 a
                 Deed
                 to
                 lead
                 the
                 Uses
                 of
                 that
                 Fine
                 which
                 are
                 to
                 
                   Iohn
                   Stepkin
                
                 ,
                 and
                 his
                 Mother
                 ,
                 and
                 the
                 Heirs
                 of
                 Iohn
                 .
                 But
                 still
                 in
                 all
                 these
                 Deeds
                 and
                 Conveyances
                 ,
                 there
                 is
                 mention
                 made
                 of
                 the
                 Mill
                 ,
                 Mill-bank
                 ,
                 or
                 Hilly-bank
                 ,
                 or
                 Hilly-way
                 ,
                 to
                 be
                 the
                 boundaries
                 ,
                 and
                 likewise
                 of
                 Shadwell
                 .
              
               
                 After
                 that
                 they
                 produce
                 a
                 Bond
                 ,
                 wherein
                 Spinola
                 is
                 bound
                 to
                 Stepkins
                 ,
                 to
                 take
                 off
                 the
                 Statute
                 entred
                 into
                 the
                 32
                 H.
                 8.
                 by
                 
                   Richard
                   Hall.
                
                 
              
               
                 Then
                 14
                 Elizabeth
                 ,
                 they
                 produce
                 a
                 Commission
                 of
                 Sewers
                 ,
                 where
                 notice
                 is
                 taken
                 of
                 the
                 several
                 Landholders
                 of
                 Wapping-Marsh
                 ,
                 who
                 were
                 liable
                 to
                 make
                 satisfaction
                 for
                 any
                 want
                 of
                 Repairs
                 or
                 defects
                 in
                 the
                 Marsh.
                 There
                 Roper
                 is
                 taken
                 notice
                 of
                 as
                 a
                 Tenant
                 ,
                 and
                 one
                 Iames
                 and
                 Stepkins
                 too
                 :
                 and
                 they
                 do
                 infer
                 from
                 hence
                 ,
                 that
                 Iames
                 and
                 Ropers
                 Land
                 is
                 part
                 of
                 this
                 ,
                 and
                 was
                 under
                 Stepkins
                 ,
                 and
                 is
                 enjoyed
                 to
                 this
                 day
                 under
                 the
                 Title
                 of
                 the
                 
                 Stepkins's
                 .
              
               
                 They
                 go
                 on
                 further
                 ,
                 and
                 tell
                 you
                 ,
                 that
                 15
                 
                   Elizabeth
                   ,
                   Stepkins
                
                 became
                 indebted
                 to
                 the
                 Crown
                 by
                 taking
                 a
                 Tellers
                 Debt
                 upon
                 him
                 ,
                 and
                 had
                 a
                 mind
                 to
                 secure
                 the
                 Debt
                 ,
                 and
                 therefore
                 conveys
                 his
                 Land
                 to
                 the
                 then
                 Treasurer
                 ,
                 Attorney
                 General
                 and
                 Soliciter
                 General
                 ,
                 to
                 secure
                 a
                 great
                 Sum
                 of
                 Mony
                 ,
                 and
                 this
                 Land
                 they
                 would
                 have
                 to
                 pass
                 among
                 the
                 Rest.
                 
              
               
                 Afterwards
                 ,
                 17
                 Elizabeth
                 ,
                 the
                 Commissioners
                 sit
                 again
                 ,
                 and
                 there
                 is
                 a
                 Return
                 made
                 of
                 all
                 those
                 that
                 were
                 Landholders
                 ,
                 the
                 same
                 named
                 before
                 .
              
               
               
                 Then
                 7
                 Iacobi
                 ,
                 was
                 there
                 a
                 Re-grant
                 out
                 of
                 the
                 Crown
                 ,
                 made
                 to
                 Sepkins
                 of
                 all
                 his
                 Land.
                 Wherein
                 generally
                 speaking
                 the
                 Bounds
                 of
                 the
                 Land
                 belonging
                 to
                 Stepkins
                 ,
                 are
                 called
                 the
                 Mill-bank
                 ,
                 &c.
                 
                 This
                 must
                 ,
                 say
                 they
                 ,
                 of
                 necessity
                 take
                 in
                 the
                 Lands
                 in
                 Question
                 ,
                 otherwise
                 it
                 is
                 impossible
                 that
                 should
                 be
                 the
                 Boundary
                 .
                 And
                 they
                 make
                 use
                 of
                 this
                 further
                 Argument
                 ;
                 say
                 they
                 ,
                 We
                 have
                 taken
                 a
                 Survey
                 of
                 all
                 the
                 Lands
                 ,
                 those
                 in
                 Question
                 and
                 the
                 other
                 Marsh-lands
                 ,
                 from
                 
                   Hermitage-dock
                   ,
                   alias
                
                 St.
                 Katherines
                 ,
                 even
                 to
                 this
                 Mill
                 ;
                 and
                 it
                 doth
                 just
                 humour
                 the
                 Number
                 of
                 Acres
                 in
                 the
                 Act
                 for
                 draining
                 Wapping-marsh
                 ,
                 that
                 is
                 to
                 say
                 ,
                 it
                 makes
                 just
                 130
                 Acres
                 .
                 All
                 which
                 they
                 say
                 plainly
                 belongs
                 to
                 the
                 
                 Stepkins's
                 .
              
               
                 Thy
                 then
                 come
                 to
                 examine
                 their
                 Living
                 Witnesses
                 ,
                 and
                 they
                 have
                 produced
                 them
                 in
                 this
                 Order
                 as
                 I
                 name
                 them
                 .
                 Their
                 Witnesses
                 have
                 been
                 as
                 they
                 are
                 in
                 my
                 Paper
                 .
                 One
                 Hughs
                 ,
                 and
                 Somerley
                 ,
                 and
                 Holmes
                 ,
                 and
                 Barefoot
                 ,
                 and
                 Cope
                 ,
                 and
                 Holwell
                 .
                 And
                 the
                 substance
                 of
                 what
                 they
                 say
                 is
                 this
                 :
                 The
                 Old
                 Woman
                 Barefoot
                 says
                 ,
                 she
                 has
                 known
                 the
                 place
                 in
                 Question
                 this
                 threescore
                 and
                 odd
                 Years
                 ;
                 she
                 remembers
                 well
                 the
                 Scituation
                 of
                 it
                 ,
                 and
                 that
                 the
                 Water
                 drove
                 another
                 Mill
                 first
                 ,
                 and
                 did
                 not
                 come
                 near
                 to
                 Foxes-lane
                 by
                 a
                 Quarter
                 of
                 a
                 Mile
                 ,
                 but
                 run
                 more
                 to
                 the
                 North.
                 And
                 this
                 Land
                 ,
                 she
                 says
                 ,
                 was
                 always
                 reckoned
                 to
                 be
                 
                 Stepkins's
                 ,
                 and
                 she
                 never
                 knew
                 any
                 one
                 have
                 any
                 thing
                 to
                 do
                 there
                 but
                 they
                 .
                 And
                 in
                 as
                 much
                 as
                 there
                 was
                 some
                 discourse
                 concerning
                 a
                 Well
                 ,
                 she
                 says
                 she
                 doth
                 remember
                 there
                 was
                 a
                 Well
                 between
                 Foxes-lane
                 and
                 the
                 Mill
                 ,
                 and
                 that
                 was
                 half
                 a
                 Mile
                 off
                 Foxes-lane
                 ,
                 and
                 was
                 always
                 called
                 Shadwell
                 .
                 She
                 remembers
                 it
                 so
                 well
                 ,
                 that
                 if
                 there
                 were
                 as
                 many
                 Wells
                 as
                 there
                 are
                 Pains
                 in
                 the
                 Glass
                 Window
                 before
                 you
                 ,
                 that
                 was
                 the
                 right
                 Well
                 ,
                 and
                 there
                 was
                 no
                 other
                 ,
                 Well
                 called
                 Shadwell
                 ,
                 but
                 that
                 .
              
               
                 Then
                 Hughs
                 tells
                 you
                 ,
                 he
                 remembred
                 the
                 Land
                 before
                 it
                 was
                 built
                 upon
                 ,
                 that
                 at
                 Common
                 Ordinary
                 Tides
                 ,
                 the
                 Water
                 used
                 to
                 come
                 up
                 to
                 Foxes-lane
                 ,
                 and
                 at
                 High-tides
                 over
                 it
                 ;
                 but
                 the
                 Land
                 has
                 been
                 raised
                 much
                 higher
                 since
                 that
                 .
              
               
                 Then
                 Cope
                 ,
                 he
                 gives
                 an
                 account
                 of
                 his
                 knowing
                 it
                 above
                 threescore
                 Years
                 ago
                 ,
                 and
                 he
                 in
                 general
                 says
                 ,
                 he
                 did
                 not
                 know
                 how
                 far
                 Westward
                 the
                 Water
                 went
                 that
                 drove
                 the
                 Mill
                 ;
                 but
                 Foxes-lane
                 ,
                 he
                 says
                 ,
                 was
                 the
                 way
                 from
                 North
                 to
                 South
                 ,
                 westward
                 of
                 the
                 Mill
                 ,
                 and
                 he
                 knew
                 not
                 any
                 way
                 Eastward
                 of
                 the
                 Mill
                 but
                 Foxes-lane
                 ,
                 for
                 Cockhill
                 is
                 Eastward
                 of
                 the
                 Mill.
                 And
                 much
                 like
                 to
                 this
                 was
                 the
                 Testimony
                 of
                 the
                 other
                 Witnesses
                 ;
                 which
                 being
                 done
                 ,
                 they
                 concluded
                 with
                 the
                 Evidence
                 of
                 the
                 Surveyor
                 Holwell
                 ,
                 about
                 the
                 admeasurement
                 .
                 And
                 this
                 ,
                 as
                 I
                 remember
                 or
                 can
                 collect
                 ,
                 is
                 the
                 Substance
                 of
                 the
                 Defendants
                 Evidence
                 before
                 the
                 Plaintiffs
                 Reply
                 .
              
               
                 And
                 then
                 as
                 to
                 that
                 which
                 was
                 offered
                 by
                 the
                 Defendants
                 ,
                 as
                 Evidence
                 of
                 the
                 Boundaries
                 ,
                 the
                 Plaintiffs
                 give
                 this
                 Answer
                 ;
                 and
                 it
                 is
                 that
                 which
                 will
                 be
                 the
                 Pinching
                 Question
                 in
                 this
                 Cause
                 to
                 all
                 Eternity
                 ;
                 whether
                 or
                 no
                 ,
                 Mill-bank
                 ,
                 or
                 Mill-hill
                 ,
                 or
                 the
                 Hilly-way
                 ,
                 or
                 whatsoever
                 else
                 it
                 is
                 called
                 in
                 their
                 Old
                 Deeds
                 ,
                 be
                 not
                 that
                 which
                 is
                 now
                 called
                 Foxes-lane
                 .
              
               
                 Say
                 they
                 ,
                 First
                 ,
                 by
                 your
                 own
                 Evidence
                 ,
                 that
                 same
                 Ancient
                 Survey
                 that
                 you
                 produced
                 ,
                 and
                 which
                 ,
                 by
                 Consent
                 ,
                 you
                 Gentlemen
                 of
                 the
                 Jury
                 are
                 to
                 have
                 with
                 you
                 ;
                 there
                 is
                 notice
                 taken
                 of
                 130
                 Acres
                 that
                 belongs
                 to
                 the
                 Marsh
                 ,
                 there
                 is
                 notice
                 taken
                 of
                 Lynches
                 ,
                 as
                 belonging
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
                 But
                 then
                 in
                 the
                 last
                 Paragraph
                 of
                 the
                 Back-side
                 of
                 the
                 Leaf
                 (
                 so
                 we
                 call
                 the
                 second
                 side
                 ,
                 for
                 distinction
                 sake
                 )
                 you
                 will
                 find
                 this
                 taken
                 notice
                 of
                 ;
                 Which
                 said
                 Marsh
                 doth
                 bound
                 on
                 the
                 Lands
                 hereafter
                 mentioned
                 on
                 the
                 East
                 .
                 And
                 what
                 are
                 the
                 Lands
                 thereafter
                 mentioned
                 .
                 These
                 you
                 will
                 find
                 ,
                 Item
                 .
                 holden
                 by
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 ,
                 one
                 Messuage
                 called
                 
                   Derrick
                   hills
                
                 ,
                 another
                 Tenement
                 called
                 so
                 and
                 so
                 ,
                 and
                 several
                 Orchards
                 ,
                 Gardens
                 and
                 Ponds
                 ,
                 &c.
                 and
                 a
                 Water-mill
                 thereunto
                 belonging
                 .
                 So
                 that
                 there
                 was
                 on
                 the
                 East-part
                 of
                 the
                 Marsh-Land
                 ,
                 Orchards
                 ,
                 Gardens
                 ,
                 a
                 Messuage
                 ,
                 a
                 Tenement
                 ,
                 Waters
                 ,
                 Ponds
                 ,
                 Fishings
                 ,
                 and
                 a
                 Mill
                 ,
                 and
                 several
                 other
                 things
                 .
                 Now
                 if
                 in
                 case
                 the
                 Eastern
                 Boundaries
                 of
                 the
                 Marsh
                 came
                 up
                 to
                 the
                 Mill
                 you
                 speak
                 of
                 ,
                 how
                 comes
                 it
                 to
                 pass
                 ,
                 that
                 you
                 your self
                 in
                 your
                 own
                 Survey
                 ,
                 make
                 the
                 Eastern
                 bounds
                 to
                 be
                 upon
                 these
                 Lands
                 ,
                 and
                 all
                 these
                 belonging
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
                 And
                 when
                 they
                 come
                 to
                 read
                 the
                 Particulars
                 of
                 what
                 belonged
                 to
                 the
                 Dean
                 and
                 Chapter
                 ,
                 that
                 Survey
                 bounds
                 to
                 the
                 Dean
                 and
                 Chapters
                 Land
                 upon
                 the
                 Marsh-land
                 .
                 You
                 that
                 have
                 been
                 upon
                 the
                 View
                 may
                 the
                 better
                 understand
                 it
                 ;
                 and
                 you
                 see
                 the
                 Eastern
                 part
                 of
                 the
                 Mill
                 was
                 the
                 Wast-ground
                 ,
                 and
                 made
                 a
                 Lane
                 to
                 carry
                 down
                 Ballast
                 ,
                 as
                 the
                 Witnesses
                 say
                 .
                 This
                 doth
                 just
                 humour
                 all
                 the
                 Old
                 Boundaries
                 .
              
               
                 Nay
                 to
                 shew
                 that
                 this
                 is
                 really
                 so
                 ,
                 they
                 say
                 ,
                 That
                 in
                 time
                 ,
                 in
                 the
                 Year
                 1615.
                 there
                 was
                 an
                 Action
                 commenced
                 before
                 my
                 Lord
                 Chief
                 Justice
                 Coke
                 ,
                 when
                 he
                 fate
                 in
                 this
                 Court
                 ,
                 wherein
                 this
                 Controversie
                 arose
                 .
                 Fox
                 ,
                 who
                 was
                 as
                 well
                 Tenant
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 ,
                 as
                 he
                 was
                 to
                 Stepkins
                 ,
                 he
                 comes
                 ,
                 and
                 he
                 builds
                 upon
                 that
                 old
                 Wall
                 ,
                 called
                 
                 
                   Wall
                   marsh-wall
                
                 ,
                 which
                 begot
                 a
                 Contest
                 betwixt
                 Stepkins
                 who
                 was
                 the
                 Ancestor
                 of
                 my
                 Lady
                 Ivy
                 ,
                 and
                 this
                 Fox
                 ,
                 and
                 upon
                 that
                 Contest
                 this
                 was
                 the
                 Question
                 ,
                 Whether
                 there
                 had
                 been
                 any
                 Incroachment
                 upon
                 the
                 Marsh
                 ?
                 Not
                 but
                 that
                 the
                 Wall
                 was
                 reckoned
                 even
                 by
                 Stepkins
                 ,
                 to
                 be
                 the
                 Boundary
                 ,
                 though
                 running
                 as
                 Stepkins
                 said
                 ,
                 Twenty
                 Foot
                 into
                 the
                 East
                 part
                 of
                 the
                 Marsh
                 ;
                 and
                 there
                 Stepkins
                 was
                 nonsuited
                 .
                 Afterwards
                 it
                 came
                 into
                 the
                 Common-Pleas
                 ,
                 and
                 there
                 there
                 was
                 a
                 Verdict
                 whereby
                 it
                 was
                 setled
                 that
                 the
                 whole
                 Wall
                 belonged
                 to
                 the
                 Dean
                 and
                 Chapter
                 of
                 Pauls
                 .
              
               
                 But
                 afterwards
                 Mrs.
                 Moor
                 ,
                 the
                 Lessee
                 of
                 the
                 Church
                 would
                 not
                 be
                 quiet
                 with
                 this
                 ,
                 but
                 exhibits
                 a
                 Bill
                 against
                 
                   Iohn
                   Stepkins
                
                 ,
                 and
                 others
                 ,
                 and
                 to
                 settle
                 the
                 Boundaries
                 ,
                 because
                 he
                 pretended
                 Incroachments
                 upon
                 his
                 ground
                 .
                 They
                 therefore
                 require
                 him
                 to
                 ascertain
                 the
                 matter
                 upon
                 his
                 Oath
                 .
                 He
                 in
                 his
                 Answer
                 confesseth
                 he
                 had
                 heard
                 of
                 the
                 Verdict
                 before-mentioned
                 ,
                 but
                 knew
                 nothing
                 of
                 it
                 himself
                 ,
                 but
                 when
                 he
                 comes
                 to
                 set
                 forth
                 the
                 Boundaries
                 ,
                 he
                 is
                 so
                 far
                 from
                 taking
                 Notice
                 that
                 the
                 Boundaries
                 take
                 in
                 the
                 Lands
                 in
                 question
                 ,
                 that
                 he
                 tells
                 you
                 there
                 was
                 an
                 ancient
                 Bank
                 which
                 was
                 the
                 ordinary
                 Bounds
                 between
                 his
                 Land
                 and
                 the
                 Land
                 of
                 the
                 Church
                 ;
                 and
                 this
                 is
                 a
                 High-way
                 ,
                 a
                 common
                 High-way
                 .
                 But
                 it
                 was
                 true
                 as
                 he
                 believed
                 they
                 had
                 incroached
                 ,
                 though
                 such
                 a
                 Verdict
                 and
                 Nonsuit
                 were
                 obtained
                 by
                 them
                 .
                 Not
                 that
                 ever
                 he
                 pretended
                 to
                 any
                 thing
                 on
                 the
                 Eastern
                 part
                 of
                 that
                 Passage
                 or
                 Bank
                 (
                 called
                 Foxes-lane
                 )
                 but
                 he
                 pretended
                 to
                 Twenty
                 Foot
                 on
                 the
                 Western
                 Part
                 of
                 it
                 as
                 an
                 Encroachment
                 .
              
               
                 They
                 say
                 further
                 too
                 ,
                 that
                 notwithstanding
                 all
                 this
                 ,
                 
                   Iohn
                   Stepkins
                
                 was
                 not
                 so
                 confident
                 of
                 his
                 Title
                 to
                 even
                 those
                 Twenty
                 Foot
                 on
                 the
                 West
                 part
                 ,
                 but
                 that
                 he
                 comes
                 and
                 makes
                 a
                 Bargain
                 with
                 another
                 Man
                 ,
                 I
                 will
                 lett
                 you
                 this
                 East
                 part
                 of
                 the
                 Marsh-land
                 ,
                 and
                 if
                 I
                 recover
                 any
                 of
                 the
                 Wall
                 you
                 shall
                 pay
                 such
                 a
                 Rent
                 for
                 it
                 ;
                 but
                 if
                 not
                 ,
                 you
                 shall
                 hold
                 it
                 as
                 you
                 did
                 before
                 .
                 So
                 jealous
                 he
                 was
                 of
                 his
                 Title
                 ,
                 even
                 to
                 that
                 which
                 he
                 thought
                 was
                 incroached
                 upon
                 .
              
               
                 And
                 they
                 fix
                 it
                 thus
                 to
                 humour
                 and
                 explain
                 the
                 Particulars
                 mentioned
                 of
                 Orchards
                 ,
                 Ponds
                 ,
                 Gardens
                 ,
                 &c.
                 for
                 here
                 were
                 a
                 great
                 many
                 Sluces
                 and
                 Cutts
                 for
                 the
                 Water
                 to
                 be
                 received
                 in
                 ,
                 and
                 so
                 all
                 may
                 well
                 be
                 comprehended
                 under
                 the
                 Name
                 of
                 a
                 Mill
                 with
                 the
                 Appurtenances
                 ,
                 and
                 that
                 they
                 say
                 goeth
                 a
                 great
                 way
                 in
                 the
                 Question
                 .
                 You
                 are
                 to
                 consider
                 of
                 it
                 ,
                 Gentlemen
                 .
              
               
                 Then
                 they
                 further
                 shew
                 ,
                 that
                 whereas
                 the
                 other
                 side
                 surmise
                 the
                 Boundary
                 to
                 be
                 Shadwell
                 which
                 they
                 would
                 have
                 to
                 be
                 placed
                 a
                 great
                 way
                 higher
                 ,
                 by
                 the
                 place
                 called
                 Cock-hill
                 ;
                 here
                 comes
                 an
                 Old
                 Man
                 that
                 tells
                 you
                 he
                 knew
                 the
                 place
                 Sixty
                 Years
                 ago
                 and
                 above
                 ,
                 and
                 there
                 was
                 no
                 other
                 Well
                 called
                 Shadwell
                 ,
                 but
                 that
                 which
                 was
                 where
                 now
                 the
                 Church
                 stands
                 ,
                 and
                 that
                 is
                 on
                 the
                 West
                 part
                 of
                 Foxes-lane
                 .
                 Now
                 I
                 must
                 tell
                 you
                 upon
                 the
                 Evidence
                 it
                 is
                 pretty
                 strong
                 ,
                 because
                 he
                 gives
                 such
                 an
                 account
                 of
                 it
                 that
                 it
                 was
                 bricked
                 over
                 ,
                 and
                 a
                 common
                 Well
                 to
                 all
                 People
                 ,
                 which
                 must
                 make
                 the
                 thing
                 very
                 notorious
                 ;
                 and
                 he
                 never
                 heard
                 of
                 any
                 other
                 Well
                 called
                 Shadwell
                 .
                 It
                 is
                 true
                 there
                 might
                 be
                 a
                 Spring
                 on
                 the
                 one
                 side
                 of
                 this
                 Ground
                 in
                 Question
                 ,
                 and
                 the
                 other
                 ,
                 you
                 have
                 heard
                 the
                 Evidence
                 on
                 both
                 sides
                 ,
                 I
                 must
                 leave
                 it
                 at
                 large
                 to
                 you
                 .
              
               
                 Then
                 to
                 make
                 the
                 thing
                 more
                 plain
                 ,
                 they
                 offer
                 to
                 you
                 that
                 this
                 was
                 a
                 Tide-mill
                 ,
                 and
                 not
                 as
                 the
                 Defendant
                 pretends
                 an
                 Overshot-mill
                 ;
                 and
                 that
                 is
                 notoriously
                 plain
                 it
                 is
                 so
                 ,
                 and
                 it
                 is
                 against
                 Sense
                 it
                 should
                 be
                 otherwise
                 .
                 Here
                 was
                 one
                 that
                 wrought
                 at
                 the
                 Mill
                 ,
                 and
                 his
                 Father
                 before
                 him
                 Sixty
                 Years
                 :
                 Nay
                 ,
                 it
                 appears
                 that
                 to
                 have
                 Water
                 to
                 drive
                 an
                 Overshot-Mill
                 in
                 that
                 Place
                 must
                 drown
                 the
                 whole
                 Level
                 ,
                 because
                 it
                 must
                 be
                 raised
                 so
                 much
                 higher
                 than
                 the
                 Wheel
                 ;
                 and
                 if
                 so
                 ,
                 that
                 stands
                 higer
                 than
                 the
                 place
                 ,
                 were
                 it
                 raised
                 never
                 so
                 high
                 ,
                 of
                 late
                 called
                 
                   Foxes
                   lane
                
                 .
                 But
                 there
                 were
                 Tides
                 that
                 came
                 within
                 Twenty
                 Foot
                 of
                 it
                 .
                 And
                 you
                 must
                 give
                 me
                 leave
                 to
                 tell
                 you
                 ,
                 I
                 understand
                 so
                 much
                 of
                 it
                 ,
                 that
                 a
                 Tide-mill
                 is
                 never
                 suffered
                 to
                 have
                 the
                 Water
                 just
                 swim
                 up
                 and
                 back
                 again
                 ,
                 but
                 they
                 have
                 Cutts
                 to
                 retain
                 the
                 Water
                 a
                 while
                 that
                 it
                 may
                 go
                 the
                 easier
                 off
                 .
                 And
                 so
                 the
                 great
                 Number
                 and
                 length
                 of
                 the
                 Cutts
                 ,
                 and
                 Ponds
                 ,
                 and
                 Ditches
                 here
                 ,
                 were
                 but
                 only
                 Receptacles
                 ,
                 and
                 Basins
                 to
                 receive
                 the
                 Tide
                 ,
                 which
                 did
                 not
                 rise
                 (
                 as
                 they
                 tell
                 you
                 it
                 should
                 not
                 )
                 above
                 half
                 the
                 Wheel
                 .
                 The
                 Nature
                 of
                 the
                 thing
                 it self
                 speaks
                 against
                 what
                 they
                 would
                 have
                 it
                 to
                 be
                 ;
                 and
                 to
                 strengthen
                 the
                 Argument
                 ,
                 they
                 have
                 called
                 Five
                 or
                 Six
                 ,
                 or
                 more
                 Witnesses
                 that
                 have
                 known
                 it
                 all
                 along
                 so
                 to
                 be
                 :
                 And
                 yet
                 this
                 I
                 apprehend
                 the
                 other
                 side
                 take
                 to
                 be
                 their
                 most
                 material
                 Point
                 to
                 make
                 it
                 Marsh-ground
                 .
              
               
                 But
                 the
                 Council
                 for
                 the
                 Plaintiff
                 say
                 this
                 further
                 to
                 you
                 ;
                 They
                 have
                 a
                 Survey
                 taken
                 in
                 
                 Oliver's
                 Time
                 ,
                 which
                 they
                 produced
                 ,
                 but
                 were
                 opposed
                 by
                 the
                 Council
                 of
                 the
                 other
                 side
                 ,
                 and
                 I
                 must
                 confess
                 I
                 did
                 wonder
                 to
                 hear
                 the
                 Objection
                 ,
                 that
                 it
                 was
                 strange
                 this
                 should
                 be
                 surveyed
                 as
                 Dean
                 and
                 Chapters
                 Lands
                 ,
                 in
                 a
                 time
                 when
                 there
                 were
                 no
                 Deans
                 and
                 Chapters
                 ;
                 whereas
                 it
                 was
                 surveyed
                 as
                 that
                 which
                 was
                 so
                 ,
                 while
                 there
                 were
                 such
                 things
                 as
                 Deans
                 
                 and
                 Chapters
                 ,
                 and
                 it
                 was
                 in
                 order
                 to
                 be
                 sold
                 as
                 such
                 .
                 And
                 upon
                 my
                 Word
                 ,
                 if
                 the
                 Lands
                 of
                 the
                 Dean
                 and
                 Chapters
                 Inheritance
                 were
                 no
                 bigger
                 than
                 the
                 Defendant
                 would
                 have
                 them
                 there
                 was
                 a
                 good
                 round
                 Summ
                 paid
                 to
                 the
                 State
                 for
                 the
                 Mill
                 only
                 ,
                 but
                 alas
                 ,
                 you
                 have
                 a
                 Witness
                 that
                 tells
                 you
                 (
                 there
                 being
                 in
                 the
                 Survey
                 mention
                 of
                 one
                 Craven
                 )
                 that
                 there
                 was
                 a
                 Craven
                 on
                 the
                 East
                 part
                 of
                 the
                 Ground
                 ,
                 that
                 had
                 a
                 large
                 Orchard
                 and
                 Garden
                 ,
                 and
                 Ground
                 .
                 And
                 upon
                 this
                 Purchase
                 made
                 by
                 Winterburn
                 ,
                 who
                 was
                 Lessee
                 of
                 the
                 Church
                 ,
                 the
                 Plaintiffs
                 Council
                 do
                 raise
                 a
                 very
                 considerable
                 Argument
                 that
                 this
                 was
                 the
                 Churches
                 Inheritance
                 :
                 For
                 ,
                 say
                 they
                 ,
                 Why
                 should
                 Winterburn
                 that
                 a
                 Lease
                 in
                 being
                 which
                 would
                 have
                 continued
                 him
                 to
                 be
                 sure
                 in
                 Possession
                 ,
                 and
                 that
                 too
                 before
                 all
                 these
                 Houses
                 were
                 built
                 ,
                 (
                 for
                 they
                 talk
                 all
                 the
                 fine
                 Houses
                 were
                 built
                 since
                 the
                 King
                 came
                 in
                 )
                 give
                 9500
                 l.
                 for
                 the
                 Inheritance
                 under
                 the
                 Title
                 of
                 the
                 Dean
                 and
                 Chapter
                 if
                 he
                 knew
                 (
                 as
                 he
                 must
                 if
                 he
                 had
                 the
                 long
                 Lease
                 in
                 his
                 Possession
                 (
                 and
                 so
                 Knowles
                 swears
                 he
                 had
                 )
                 it
                 was
                 not
                 theirs
                 ,
                 and
                 he
                 himself
                 had
                 a
                 Lease
                 for
                 Thirty
                 Years
                 ,
                 to
                 come
                 under
                 a
                 trivial
                 Rent
                 of
                 a
                 Pepper
                 Corn.
                 Especially
                 considering
                 that
                 those
                 times
                 sold
                 lumping
                 Penny-worths
                 of
                 other
                 Peoples
                 Lands
                 .
              
               
                 But
                 then
                 they
                 come
                 to
                 the
                 last
                 point
                 of
                 Evidence
                 ,
                 and
                 that
                 you
                 must
                 very
                 narrowly
                 observe
                 and
                 weigh
                 .
                 Say
                 they
                 because
                 you
                 depend
                 so
                 much
                 upon
                 
                 Carter's
                 Lease
                 which
                 takes
                 notice
                 of
                 such
                 and
                 such
                 Boundaries
                 ,
                 and
                 also
                 that
                 of
                 Roper
                 ,
                 which
                 you
                 pretend
                 to
                 be
                 made
                 at
                 such
                 a
                 time
                 ,
                 these
                 we
                 say
                 are
                 forged
                 .
                 And
                 for
                 it
                 they
                 give
                 this
                 Evidence
                 .
              
               
                 The
                 first
                 part
                 is
                 a
                 natural
                 legal
                 Evidence
                 and
                 a
                 proper
                 Evidence
                 in
                 things
                 of
                 this
                 Nature
                 ,
                 to
                 detect
                 a
                 Forgery
                 ;
                 an
                 Evidence
                 that
                 we
                 learn
                 out
                 of
                 our
                 Books
                 of
                 Law
                 ;
                 and
                 it
                 is
                 an
                 argumentative
                 one
                 .
                 If
                 you
                 produce
                 Deeds
                 made
                 in
                 such
                 a
                 time
                 ,
                 when
                 say
                 you
                 such
                 Titles
                 were
                 used
                 ,
                 and
                 such
                 Prefaces
                 made
                 to
                 them
                 in
                 their
                 Preambles
                 ,
                 when
                 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
                 should
                 not
                 see
                 the
                 Witnesses
                 to
                 it
                 ,
                 it
                 was
                 so
                 precious
                 and
                 tender
                 a
                 thing
                 :
                 But
                 ,
                 alas
                 ,
                 it
                 is
                 all
                 melted
                 down
                 and
                 gone
                 of
                 a
                 sudden
                 without
                 any
                 Consideration
                 at
                 all
                 whatsoever
                 ,
                 and
                 she
                 can
                 readily
                 join
                 with
                 Sir
                 
                   Charles
                   Cotterell
                
                 to
                 settle
                 this
                 upon
                 Mrs.
                 Duffett
                 ,
                 the
                 Lady
                 
                 Salthill's
                 Daughter
                 ,
                 and
                 enter
                 into
                 Bond
                 not
                 to
                 disturb
                 the
                 Enjoyment
                 .
              
               
                 Then
                 there
                 comes
                 another
                 Evidence
                 ,
                 and
                 that
                 is
                 the
                 Gentlewoman
                 ,
                 Mrs.
                 Duffett
                 ,
                 who
                 it
                 seems
                 they
                 would
                 have
                 to
                 be
                 a
                 loose
                 sort
                 of
                 Creature
                 ,
                 but
                 methinks
                 she
                 has
                 a
                 good
                 round
                 Oath
                 upon
                 her
                 Tongue
                 ;
                 for
                 she
                 does
                 directly
                 swear
                 that
                 she
                 was
                 present
                 ,
                 and
                 saw
                 Mr.
                 Duffett
                 her
                 Husband
                 Forge
                 that
                 very
                 Mortgage
                 Sir
                 
                   Charles
                   Cotterell
                
                 speaks
                 of
                 ,
                 that
                 my
                 Lady
                 Ivy
                 directed
                 it
                 ,
                 and
                 gave
                 her
                 order
                 to
                 put
                 Saffron
                 in
                 the
                 Ink
                 to
                 make
                 it
                 look
                 old
                 ,
                 that
                 she
                 saw
                 him
                 writing
                 in
                 a
                 Parchment
                 ,
                 which
                 he
                 told
                 her
                 was
                 
                 Glover's
                 Lease
                 ,
                 and
                 other
                 things
                 ,
                 and
                 all
                 for
                 my
                 Lady
                 Ivy.
                 Nay
                 ,
                 she
                 tells
                 you
                 my
                 Lady
                 Ivy
                 was
                 so
                 extraordinary
                 an
                 Artist
                 at
                 the
                 managing
                 of
                 such
                 an
                 Affair
                 ,
                 that
                 this
                 Master-Workman
                 ,
                 Duffett
                 ,
                 was
                 not
                 so
                 dextrous
                 at
                 it
                 as
                 she
                 ;
                 for
                 he
                 could
                 not
                 write
                 the
                 first
                 great
                 Letters
                 of
                 the
                 Names
                 that
                 were
                 to
                 be
                 put
                 to
                 the
                 Forged
                 Deeds
                 ,
                 but
                 she
                 did
                 that
                 her self
                 ,
                 and
                 the
                 rest
                 he
                 did
                 .
                 How
                 far
                 she
                 is
                 to
                 be
                 believed
                 ,
                 I
                 must
                 leave
                 to
                 you
                 ,
                 you
                 hear
                 what
                 is
                 objected
                 against
                 her
                 about
                 the
                 Frog
                 in
                 her
                 Belly
                 ,
                 and
                 I
                 do
                 not
                 know
                 what
                 ,
                 whither
                 that
                 will
                 take
                 off
                 the
                 Credibility
                 of
                 her
                 Testimony
                 
                 I
                 leave
                 to
                 you
                 .
                 She
                 doth
                 give
                 a
                 very
                 free
                 and
                 large
                 Account
                 how
                 they
                 used
                 to
                 order
                 their
                 Matters
                 to
                 make
                 the
                 Ink
                 look
                 Old
                 (
                 as
                 I
                 said
                 )
                 they
                 put
                 Saffron
                 in
                 it
                 ;
                 Then
                 they
                 rub'd
                 the
                 Outsides
                 of
                 the
                 Deeds
                 in
                 Dirty
                 Windows
                 ,
                 and
                 after
                 that
                 used
                 to
                 lay
                 them
                 in
                 a
                 Balcony
                 for
                 the
                 Rain
                 to
                 come
                 upon
                 them
                 in
                 the
                 Nights
                 ,
                 and
                 to
                 dry
                 them
                 in
                 the
                 Sun
                 ,
                 or
                 by
                 the
                 Fire
                 ,
                 to
                 shrivel
                 them
                 up
                 .
                 And
                 this
                 she
                 says
                 was
                 their
                 Method
                 and
                 Process
                 they
                 used
                 .
                 All
                 which
                 the
                 Plaintiffs
                 Counsel
                 urge
                 to
                 shew
                 the
                 Probability
                 that
                 these
                 Deeds
                 of
                 theirs
                 are
                 forged
                 .
              
               
                 Then
                 they
                 tell
                 you
                 ,
                 which
                 is
                 yet
                 somewhat
                 more
                 to
                 strengthen
                 her
                 Evidence
                 ,
                 there
                 is
                 a
                 Woman
                 ,
                 that
                 tho'
                 she
                 speaks
                 out
                 of
                 Mr.
                 
                 Duffett's
                 Mouth
                 ,
                 and
                 that
                 can
                 be
                 no
                 Evidence
                 against
                 my
                 Lady
                 Ivy
                 ,
                 yet
                 says
                 ,
                 she
                 received
                 from
                 him
                 a
                 Parcel
                 of
                 Letters
                 ,
                 which
                 are
                 sworn
                 by
                 Sir
                 
                   Charles
                   Cotterell
                
                 to
                 be
                 all
                 of
                 my
                 Lady
                 Ivies
                 own
                 Hand-writing
                 ,
                 which
                 Letters
                 have
                 been
                 read
                 to
                 you
                 ,
                 and
                 they
                 shew
                 a
                 great
                 familiarity
                 between
                 my
                 Lady
                 Ivy
                 and
                 Mr.
                 Duffett
                 ,
                 a
                 great
                 Care
                 and
                 Concern
                 for
                 the
                 promotion
                 of
                 this
                 Duffett
                 ,
                 the
                 Gentlewomans
                 Husband
                 ,
                 and
                 of
                 some
                 Deeds
                 that
                 were
                 likely
                 to
                 be
                 thought
                 New
                 and
                 Suspected
                 :
                 and
                 she
                 tells
                 him
                 at
                 the
                 latter
                 end
                 of
                 one
                 ,
                 that
                 she
                 is
                 sollicitous
                 till
                 the
                 trouble
                 be
                 over
                 .
                 But
                 she
                 was
                 resolved
                 to
                 set
                 on
                 foot
                 Sir
                 William
                 Salthill's
                 Mortgage
                 ,
                 and
                 if
                 that
                 thing
                 did
                 go
                 well
                 he
                 should
                 have
                 half
                 .
              
               
                 That
                 supports
                 the
                 Credibility
                 of
                 the
                 Womans
                 Testimony
                 ,
                 but
                 besides
                 that
                 there
                 is
                 another
                 thing
                 that
                 looks
                 very
                 untoward
                 ,
                 because
                 Mrs.
                 Duffett
                 doth
                 directly
                 swear
                 that
                 out
                 of
                 the
                 1000
                 l.
                 paid
                 my
                 Lady
                 Ivy
                 by
                 Sir
                 
                   Charles
                   Cotterell
                
                 ,
                 200
                 l.
                 was
                 paid
                 and
                 given
                 to
                 her
                 Husband
                 ,
                 and
                 Mr.
                 Sutton
                 forsooth
                 had
                 200
                 l.
                 more
                 :
                 For
                 what
                 service
                 ,
                 I
                 wonder
                 ,
                 must
                 my
                 Lady
                 Ivy
                 be
                 so
                 liberal
                 to
                 Mr.
                 Sutton
                 and
                 Mr.
                 Duffet
                 ?
                 Let
                 Mr.
                 Sutton
                 shuffle
                 and
                 rouze
                 himself
                 as
                 he
                 pleaseth
                 ,
                 it
                 will
                 stick
                 upon
                 him
                 ,
                 and
                 I
                 must
                 confess
                 it
                 looks
                 untowardly
                 his
                 getting
                 my
                 Lord
                 of
                 
                 Salisbury's
                 Lease
                 ,
                 to
                 pick
                 Notes
                 out
                 of
                 it
                 ,
                 and
                 then
                 to
                 have
                 such
                 a
                 Mortgage
                 trumped
                 up
                 in
                 this
                 manner
                 .
                 It
                 is
                 very
                 rank
                 ,
                 I
                 assure
                 you
                 .
              
               
                 This
                 is
                 the
                 Substance
                 of
                 the
                 Evidence
                 that
                 has
                 been
                 offered
                 by
                 the
                 Plaintiff
                 ,
                 to
                 prove
                 and
                 induce
                 you
                 to
                 believe
                 these
                 Deeds
                 forged
                 .
              
               
                 Now
                 in
                 Answer
                 to
                 this
                 ,
                 they
                 on
                 the
                 other
                 side
                 would
                 offer
                 that
                 Sir
                 Charles
                 Cotterell's
                 Evidence
                 is
                 a
                 surprize
                 upon
                 them
                 ;
                 they
                 say
                 they
                 have
                 such
                 a
                 Writing
                 ,
                 and
                 such
                 and
                 such
                 Deeds
                 ,
                 
                 Glover's
                 Lease
                 and
                 Salthill's
                 Mortgage
                 ,
                 but
                 they
                 are
                 not
                 prepared
                 to
                 give
                 such
                 an
                 Answer
                 as
                 they
                 would
                 have
                 done
                 ,
                 had
                 they
                 had
                 notice
                 .
                 Here
                 has
                 been
                 likewise
                 great
                 struggling
                 and
                 striving
                 to
                 have
                 the
                 Verdict
                 read
                 to
                 overthrow
                 Mrs.
                 Duffetts
                 Testimony
                 ,
                 but
                 that
                 cannot
                 be
                 allowed
                 to
                 be
                 given
                 in
                 Evidence
                 between
                 these
                 parties
                 .
                 Then
                 they
                 would
                 have
                 read
                 her
                 Husbands
                 Oath
                 ,
                 he
                 being
                 Dead
                 :
                 but
                 that
                 is
                 no
                 point
                 of
                 Evidence
                 at
                 all
                 neither
                 ;
                 for
                 in
                 case
                 the
                 Man
                 were
                 alive
                 ,
                 it
                 would
                 not
                 be
                 Evidence
                 what
                 he
                 should
                 have
                 heard
                 his
                 own
                 Wife
                 say
                 .
                 If
                 both
                 of
                 them
                 indeed
                 had
                 been
                 here
                 together
                 ,
                 and
                 testified
                 against
                 my
                 Lady
                 Ivy
                 ,
                 it
                 had
                 been
                 good
                 Evidence
                 ,
                 or
                 they
                 both
                 might
                 have
                 testified
                 for
                 her
                 .
                 But
                 by
                 the
                 Law
                 the
                 Husband
                 cannot
                 be
                 a
                 Witness
                 against
                 his
                 Wife
                 ,
                 nor
                 a
                 Wife
                 against
                 her
                 Husband
                 ,
                 to
                 charge
                 them
                 with
                 any
                 thing
                 Criminal
                 ,
                 except
                 only
                 in
                 Cases
                 of
                 High
                 Treason
                 .
                 This
                 is
                 so
                 known
                 a
                 Common
                 Rule
                 ,
                 that
                 I
                 thought
                 it
                 could
                 never
                 have
                 born
                 any
                 Question
                 or
                 Debate
                 .
              
               
                 This
                 is
                 the
                 Substance
                 of
                 the
                 Evidence
                 on
                 both
                 sides
                 ,
                 as
                 near
                 as
                 I
                 can
                 recollect
                 it
                 ;
                 save
                 only
                 that
                 which
                 indeed
                 I
                 should
                 have
                 mentioned
                 before
                 the
                 Defendant
                 have
                 produced
                 an
                 Exemplification
                 of
                 a
                 Verdict
                 obtained
                 the
                 last
                 Michaelmas
                 Term.
                 To
                 which
                 they
                 for
                 the
                 Plaintiff
                 Answer
                 ,
                 We
                 were
                 not
                 prepared
                 to
                 answer
                 your
                 Deeds
                 ,
                 which
                 were
                 very
                 new
                 ,
                 surprizing
                 and
                 unexpected
                 to
                 us
                 :
                 We
                 have
                 now
                 given
                 new
                 Evidence
                 that
                 we
                 never
                 gave
                 then
                 ,
                 and
                 it
                 was
                 a
                 Verdict
                 obtained
                 by
                 surprize
                 :
                 We
                 now
                 shew
                 our
                 Boundaries
                 better
                 than
                 we
                 could
                 then
                 ,
                 and
                 so
                 that
                 they
                 make
                 to
                 be
                 the
                 result
                 of
                 the
                 whole
                 matter
                 .
              
               
                 Now
                 upon
                 the
                 main
                 ,
                 after
                 this
                 very
                 long
                 Evidence
                 ,
                 tho'
                 the
                 Case
                 has
                 been
                 darkened
                 as
                 much
                 as
                 ever
                 any
                 Case
                 could
                 endeavoured
                 to
                 be
                 ,
                 and
                 tho'
                 the
                 Event
                 of
                 it
                 be
                 a
                 matter
                 of
                 considerable
                 Value
                 ,
                 yet
                 the
                 Matter
                 of
                 Fact
                 is
                 as
                 clear
                 as
                 the
                 Sun
                 at
                 Noon-day
                 ;
                 and
                 a
                 plain
                 point
                 of
                 Fact
                 it
                 is
                 ,
                 and
                 must
                 depend
                 upon
                 .
                 If
                 we
                 do
                 admit
                 all
                 their
                 Deeds
                 to
                 be
                 good
                 Deeds
                 ,
                 without
                 any
                 consideration
                 of
                 the
                 Forgery
                 ,
                 pro
                 or
                 con
                 ;
                 yet
                 if
                 the
                 Mill-Ponds
                 ,
                 Ditches
                 ,
                 Orchards
                 ,
                 Gardens
                 ,
                 &c.
                 can
                 be
                 taken
                 to
                 be
                 seven
                 Acres
                 ,
                 then
                 the
                 Boundaries
                 upon
                 the
                 Mill
                 or
                 Hilly-Bank
                 ,
                 which
                 may
                 well
                 be
                 Foxes-lane
                 ,
                 that
                 will
                 answer
                 both
                 the
                 Deeds
                 of
                 the
                 Plaintiff
                 and
                 of
                 the
                 Defendant
                 .
                 And
                 tho'
                 never
                 so
                 many
                 Houses
                 be
                 built
                 upon
                 it
                 ,
                 it
                 will
                 signifie
                 nothing
                 in
                 the
                 Case
                 .
                 And
                 that
                 it
                 is
                 so
                 ,
                 whereas
                 the
                 Defendants
                 Surveyor
                 swears
                 ,
                 that
                 130
                 Acres
                 will
                 not
                 be
                 made
                 up
                 without
                 the
                 Lands
                 in
                 Question
                 ;
                 the
                 Plaintiff
                 has
                 brought
                 two
                 Surveyors
                 ,
                 that
                 swear
                 there
                 is
                 full
                 
                 130
                 Acres
                 and
                 more
                 without
                 them
                 .
                 So
                 you
                 have
                 two
                 Surveyers
                 on
                 the
                 one
                 side
                 ,
                 and
                 one
                 on
                 the
                 other
                 ,
                 and
                 you
                 your selves
                 have
                 viewed
                 it
                 .
              
               
                 After
                 this
                 long
                 Evidence
                 ,
                 Gentlemen
                 ,
                 you
                 have
                 had
                 as
                 good
                 an
                 account
                 of
                 the
                 Substance
                 of
                 it
                 ,
                 as
                 I
                 can
                 by
                 my
                 Notes
                 and
                 Memory
                 recollect
                 .
                 If
                 any
                 of
                 the
                 Gentlemen
                 that
                 are
                 of
                 the
                 Counsel
                 for
                 the
                 Plaintiff
                 ,
                 or
                 for
                 the
                 Defendant
                 ,
                 do
                 think
                 I
                 have
                 omitted
                 any
                 thing
                 that
                 is
                 material
                 on
                 either
                 side
                 ,
                 they
                 have
                 free
                 liberty
                 to
                 remind
                 the
                 Court
                 of
                 it
                 .
                 you
                 are
                 the
                 Judges
                 of
                 this
                 Fact
                 ,
                 whether
                 this
                 Land
                 do
                 of
                 Right
                 belong
                 to
                 the
                 Plaintiff
                 ,
                 or
                 to
                 the
                 Defendant
                 :
                 And
                 I
                 leave
                 it
                 to
                 your
                 Consideration
                 .
              
               
                 After
                 which
                 the
                 Jury
                 withdrew
                 to
                 consider
                 of
                 their
                 Verdict
                 ,
                 and
                 the
                 Court
                 arose
                 .
                 That
                 Evening
                 the
                 Jury
                 gave
                 in
                 a
                 Private
                 Verdict
                 before
                 a
                 Judge
                 ,
                 and
                 appearing
                 the
                 next
                 Morning
                 at
                 the
                 Barr
                 ,
                 were
                 called
                 over
                 ,
                 and
                 demanded
                 if
                 they
                 did
                 abide
                 by
                 the
                 Verdict
                 they
                 had
                 given
                 the
                 Night
                 before
                 ,
                 to
                 which
                 they
                 answered
                 ,
                 yes
                 ;
                 which
                 being
                 declared
                 by
                 the
                 Secondary
                 to
                 be
                 for
                 the
                 Plaintiff
                 ,
                 the
                 Jury
                 were
                 discharged
                 .
              
               
                 Then
                 a
                 Motion
                 was
                 made
                 by
                 the
                 Plaintiffs
                 Counsel
                 ,
                 that
                 several
                 Deeds
                 produced
                 by
                 the
                 Defendant
                 ,
                 that
                 were
                 detected
                 of
                 Forgery
                 ,
                 might
                 be
                 lest
                 in
                 Court
                 in
                 order
                 to
                 have
                 them
                 pursued
                 ,
                 and
                 convicted
                 of
                 the
                 Forgery
                 .
                 The
                 Court
                 upon
                 debate
                 of
                 the
                 Matter
                 ;
                 and
                 the
                 Plaintiffs
                 Counsel
                 declaring
                 they
                 would
                 prosecute
                 an
                 Information
                 of
                 Forgery
                 ,
                 the
                 Deeds
                 of
                 the
                 13th
                 of
                 November
                 ,
                 and
                 the
                 22th
                 of
                 December
                 ,
                 2
                 and
                 3
                 Phil.
                 and
                 Mar.
                 were
                 ordered
                 to
                 be
                 lest
                 with
                 the
                 Clerk
                 of
                 the
                 Crown
                 till
                 further
                 Order
                 ,
                 and
                 in
                 the
                 mean
                 time
                 the
                 Plaintiff
                 to
                 have
                 Copies
                 of
                 them
                 from
                 the
                 Clerk
                 ;
                 and
                 by
                 Rule
                 of
                 Court
                 a
                 Tryal
                 at
                 Barr
                 is
                 ordered
                 in
                 Michaelmas
                 Term.
                 
              
            
             
               FINIS
               .
            
          
           
             
             
               
                 
                   The
                   land
                   within
                   and
                   belowe
                   the
                   Red
                   Line
                   ,
                   is
                   the
                   Land
                   that
                   was
                   in
                   1683
                   Claimed
                   by
                   the
                   Lady
                   Ivy
                   and
                   is
                   the
                   Seaven
                   Acres
                   of
                   Land
                   ,
                   in
                   which
                   the
                   Mill
                   Ponds
                   and
                   Ditches
                   did
                   all
                   over
                   dispersed
                   by
                   lie
                   ,
                   and
                   into
                   which
                   the
                   Water
                   did
                   every
                   Tyde
                   flow
                   ,
                   and
                   then
                   there
                   was
                   kept
                   in
                   by
                   the
                   Thames
                   or
                   Mill
                   Wall
                   on
                   the
                   South
                   and
                   East
                   Corner
                   of
                   it
                   and
                   by
                   Wall-Marsh
                   Wall
                   now
                   foxes
                   Lane
                   ,
                   on
                   the
                   West
                   ,
                   and
                   went
                   out
                   againe
                   at
                   the
                   Ebb
                   ,
                   and
                   so
                   did
                   drive
                   a
                   (
                   tide
                   )
                   Mill
                   ,
                   To
                   which
                   with
                   its
                   appurtences
                   ,
                   which
                   must
                   have
                   been
                   this
                   Land
                   ,
                   the
                   Deans
                   of
                   St.
                   Pauls
                   on
                   Record
                   can
                   Shew
                   Title
                   in
                   fee
                   for
                   more
                   then
                   400
                   years
                   ,
                   and
                   their
                   Tenants
                   all
                   along
                   have
                   enjoyed
                   it
                   ,
                   and
                   yet
                   the
                   dispute
                   by
                   the
                   Lady
                   Ivy
                   rais'd
                   twixt
                   the
                   said
                   Dean
                   and
                   her self
                   ,
                   has
                   been
                   whether
                   this
                   very
                   ground
                   be
                   parcel
                   of
                   130
                   acres
                   drowned
                   Land
                   (
                   now
                   called
                   Wapping
                   Marsh
                   )
                   that
                   drained
                   but
                   about
                   150
                   years
                   since
                   ,
                   in
                   Henry
                   the
                   Eights
                   time
                   or
                   not
                
              
            
          
           
             
             
               1687.
               
               Now
               in
               
                 Perpetuam
                 Rei
                 Memoriam
              
               ,
               (
               and
               for
               that
               Cause
               this
               is
               printed
               )
               Note
               ,
            
             
               THE
               Survey
               of
               the
               Mannour
               of
               Stepney
               ,
               and
               on
               Record
               in
               that
               Court
               ,
               by
               the
               Lady
               Ivy
               first
               (
               she
               knowing
               that
               it
               would
               by
               the
               Dean
               be
               )
               produced
               ,
               taken
               in
               and
               about
               the
               25th
               Eliz.
               with
               Reference
               to
               other
               Surveys
               ,
               above
               100
               years
               older
               ,
               sets
               out
               and
               describes
               by
               it self
               ,
               the
               whole
               130
               Acres
               of
               Marsh
               ,
               and
               Butts
               the
               same
               on
               the
               Lands
               of
               the
               Dean
               of
               St.
               
                 Paul's
                 ,
                 London
              
               ,
               held
               of
               the
               Mannour
               of
               Stepney
               ,
               towards
               the
               East
               ,
               and
               that
               is
               on
               this
               very
               Land.
               
            
             
               The
               Act
               for
               Draining
               the
               whole
               130
               Acres
               in
               Henry
               the
               Eighth's
               time
               ,
               Butts
               the
               same
               East
               on
               the
               Town
               of
               Ratcliff
               ,
               which
               is
               also
               on
               this
               very
               Land
               (
               every
               part
               of
               it
               )
               Eastward
               of
               
                 Foxes
                 Lane
              
               ,
               having
               always
               been
               reckon'd
               in
               Ratcliff
               ,
               and
               ever
               so
               named
               in
               all
               Leases
               and
               Deeds
               ,
               till
               Shadwell
               was
               by
               〈◊〉
               of
               Parliament
               made
               a
               Parish
               ,
               distinct
               from
               the
               Hamlet
               of
               Ratcliff
               ,
               in
               or
               about
               1670.
               
            
             
               And
               it
               is
               to
               be
               Noted
               ,
               That
               this
               Land
               Eastward
               of
               
                 Foxes
                 Lane
              
               ,
               was
               also
               among
               other
               Surveyed
               ,
               and
               Sold
               as
               〈◊〉
               and
               Chapters
               Land
               in
               the
               late
               Times
               of
               Rebellion
               ,
               in
               or
               about
               1652.
               and
               was
               ,
               and
               is
               all
               of
               it
               ,
               (
               but
               just
               ●here
               the
               Ditches
               and
               Ponds
               were
               )
               8
               or
               10
               foot
               higher
               than
               the
               Lands
               Westward
               of
               
                 Foxes
                 Lane
              
               ,
               which
               are
               al●●●ed
               to
               be
               part
               of
               
               Stepkins's
               Lands
               in
               the
               Marsh.
               
            
             
               And
               besides
               this
               130
               Acres
               of
               Marsh
               ,
               so
               set
               out
               as
               in
               the
               Survey
               aforesaid
               ,
               the
               said
               Stepney
               Survey
               sets
               also
               out
               for
               the
               Dean
               .
            
             
               Shadwel-Field
               by
               estimation
               20
               Acres
               ,
               and
               Bounded
               as
               it
               really
               is
               ,
               and
               5
               Acres
               of
               Linches
               ,
               Bounded
               just
               as
               it
               〈◊〉
               .
            
             
               And
               also
               (
               this
               Land
               as
               it
               follows
               described
               )
               a
               Tenement
               called
               Derekin
               ,
               and
               one
               Tenement
               late
               
                 Pinserus
                 de
                 〈◊〉
              
               ,
               together
               with
               a
               Water-Mill
               ,
               divers
               Tenements
               ,
               Cottages
               ,
               Mansion-Houses
               ,
               Orchards
               ,
               Gardens
               ,
               Ponds
               ,
               〈◊〉
               ,
               and
               Pitles
               ,
               all
               lying
               together
               ,
               Butting
               South
               on
               the
               Thames
               ,
               and
               on
               Wall
               ,
               (
               alias
               Wapping
               )
               Marsh
               ,
               in
               part
               (
               Marked
               A
               in
               the
               Map
               )
               and
               on
               the
               Linches
               in
               part
               (
               Marked
               B
               )
               and
               on
               Ratcliff
               High-way
               in
               part
               on
               the
               North
               ,
               〈◊〉
               on
               Wall
               (
               or
               Wapping
               )
               Marsh
               on
               the
               West
               ,
               and
               upon
               the
               
                 Lords
                 Waste
              
               towards
               the
               East
               ,
               held
               of
               the
               Mannour
               of
               Stepney
               freely
               ,
               ever
               since
               Richard
               the
               Second's
               time
               ,
               at
               33
               s.
               3
               d.
               ½
               
                 per
                 annum
              
               quit
               Rent
               ,
               and
               the
               same
               is
               still
               yearly
               paid
               for
               it
               .
            
             
               And
               yet
               the
               Claim
               made
               by
               Lady
               Ivy
               as
               aforesaid
               ,
               would
               take
               almost
               all
               this
               whole
               parcel
               away
               ,
               and
               by
               that
               〈◊〉
               the
               Ground
               wherein
               these
               last
               mentioned
               Tenements
               ,
               Orchards
               ,
               Gardens
               ,
               Ponds
               ,
               &c.
               belonging
               to
               the
               Dean
               ,
               〈◊〉
               most
               certainly
               lye
               ,
               and
               are
               so
               exactly
               described
               in
               the
               aforesaid
               Survey
               ;
               and
               without
               which
               there
               could
               be
               to
               place
               there
               ,
               to
               hold
               and
               keep
               Water
               to
               drive
               the
               said
               Mill
               :
               And
               for
               the
               mending
               that
               matter
               ,
               the
               Lady
               Ivy's
               Counsel
               at
               the
               last
               Trial
               alledged
               ,
               it
               had
               once
               been
               an
               Overshot-Mill
               ,
               and
               so
               did
               not
               want
               these
               Ditches
               and
               Ponds
               ,
               to
               hold
               and
               keep
               Water
               to
               drive
               it
               withal
               ;
               and
               the
               better
               to
               make
               that
               out
               ,
               some
               Deeds
               were
               then
               given
               〈◊〉
               Evidence
               ,
               with
               Stile
               and
               Titles
               before
               them
               ,
               which
               were
               not
               in
               use
               at
               the
               time
               of
               the
               date
               of
               those
               Deeds
               ,
               and
               so
               they
               were
               not
               believed
               ,
               when
               produced
               ,
               nor
               indeed
               is
               it
               sense
               in
               any
               sort
               to
               imagine
               that
               an
               Overshot-Mill
               ,
               (
               there
               being
               no
               Water
               would
               drive
               one
               )
               could
               in
               Nature
               have
               ever
               been
               there
               .
            
             
               And
               yet
               Lady
               Ivy
               again
               would
               pretend
               to
               this
               Land
               Eastward
               of
               
                 Foxes
                 Lane
              
               ,
               as
               parcel
               of
               
                 Wapping
                 Marsh
              
               ,
               notwithstanding
               all
               this
               ,
               and
               a
               Verdict
               against
               her
               at
               a
               Trial
               in
               1684.
               before
               the
               Right
               Honourable
               George
               Lord
               Jeffreyes
               ,
               Baron
               of
               Wemme
               ,
               the
               present
               Lord
               Chancellour
               ,
               then
               Lord
               Chief
               Justice
               of
               England
               ,
               and
               what
               was
               〈◊〉
               said
               then
               (
               and
               may
               well
               be
               so
               again
               )
               against
               her
               new
               found
               Deeds
               ,
               (
               the
               finder
               of
               which
               ,
               as
               perjured
               ,
               has
               already
               been
               Pillory'd
               for
               it
               )
               and
               notwithstanding
               that
               her
               Grandfather
               
                 Iohn
                 Stepkins
              
               
                 Esq
              
               16
               Aug.
               1615.
               did
               ●●mise
               to
               one
               Cayford
               the
               three
               parcels
               of
               Marsh
               ,
               lying
               next
               to
               ,
               and
               Westward
               of
               
                 Foxes
                 Lane
              
               (
               which
               is
               held
               by
               〈◊〉
               Lease
               till
               this
               day
               )
               and
               therein
               says
               ,
               that
               it
               lies
               at
               the
               East
               end
               of
               
                 Wapping
                 Marsh
              
               ,
               next
               towards
               Ratcliff
               ,
               ●●●tting
               Eastward
               on
               the
               old
               Wall
               ,
               which
               divided
               the
               same
               from
               the
               Mill-Ditch
               (
               which
               lay
               just
               East
               of
               
                 Foxes
                 L●●e
              
               )
               .
               And
               the
               Michaelmas-Term
               following
               ,
               the
               said
               
                 Iohn
                 Stepkins
              
               suffered
               a
               Non-suit
               in
               the
               King's-Bench
               ,
               after
               〈◊〉
               Ejectment
               by
               him
               brought
               against
               the
               Dean's
               Lessee
               ,
               for
               part
               (
               only
               )
               of
               Wall-Marsh-Wall
               ,
               which
               he
               said
               was
               encroched
               on
               the
               Marsh.
               And
            
             
               In
               1617.
               the
               said
               Stepkins
               Claiming
               again
               the
               same
               thing
               ,
               a
               Verdict
               on
               a
               full
               Hearing
               ,
               and
               after
               a
               View
               ,
               was
               in
               the
               
                 Common
                 Pleas
              
               given
               against
               him
               ,
               and
               allowing
               the
               whole
               Wall
               to
               belong
               to
               the
               Dean
               of
               St.
               
               Paul's
               .
            
             
               And
               notwithstanding
               that
               her
               Father
               ,
               
                 Iohn
                 Stepkins
              
               
                 Esq
              
               (
               in
               his
               Answer
               to
               a
               Bill
               preferr'd
               against
               him
               by
               the
               ●●●ches
               Lessee
               about
               1629.
               then
               in
               quiet
               possession
               of
               Wall-Marsh-Wall
               ,
               but
               Claiming
               some
               Houses
               
                 Westward
                 〈◊〉
                 Foxes
                 Lane
              
               ,
               and
               therein
               setting
               out
               also
               the
               Deans
               Title
               in
               Fee
               to
               the
               Mill
               ,
               with
               its
               Appurtenances
               in
               Ratcliff
               ,
               〈◊〉
               to
               settle
               the
               Boundaries
               )
               on
               his
               Oath
               ,
               had
               admitted
               that
               the
               Dean
               of
               St.
               
               Paul's
               was
               seized
               in
               Fee
               of
               the
               said
               Water-Mill
               ,
               with
               its
               Appurtenances
               (
               which
               was
               this
               very
               Land
               )
               and
               that
               Wall-Marsh-Wall
               did
               anciently
               lye
               between
               the
               Mill-Ditch
               and
               his
               Land
               in
               Wapping
               ,
               and
               that
               the
               Lands
               of
               the
               Dean
               and
               Chapter
               are
               divided
               from
               〈◊〉
               Land
               (
               and
               have
               been
               so
               time
               out
               of
               mind
               )
               by
               a
               common
               Way
               or
               Passage
               ,
               and
               that
               was
               
                 Foxes
                 Lane
              
               ,
               which
               〈◊〉
               that
               the
               Marsh
               (
               and
               so
               
               Stepkins's
               Land
               )
               ended
               there
               ,
               and
               that
               it
               was
               the
               Dean's
               Land
               that
               lay
               Eastward
               of
               
                 Foxes
                 Lane
                 ,
                 &c.
              
               And
               also
            
             
               Note
               ,
               The
               aforesaid
               Answer
               was
               perused
               and
               Signed
               by
               Sir
               
                 Iohn
                 Brampston
              
               deceased
               ,
               Unkle
               and
               Trustee
               to
               the
               〈◊〉
               Stepkins
               ,
               and
               Executor
               to
               his
               Father
               ,
               and
               who
               had
               the
               Custody
               of
               the
               Writings
               which
               concerned
               that
               E●●●te
               ,
               and
               is
               the
               pretended
               Witness
               to
               (
               the
               so
               much
               talkt
               off
               )
               Glovers
               Lease
               ,
               being
               the
               Chief
               Deed
               that
               gives
               ●olour
               to
               the
               Lady
               
               Ivy's
               Title
               ,
               to
               the
               Batemans
               and
               
               Whichcot's
               Land
               ,
               by
               her
               gotten
               in
               Wapping
               ,
               and
               yet
               never
               was
               ●●ard
               of
               ,
               till
               (
               wanted
               in
               )
               1675.
               and
               then
               luckily
               found
               ,
               where
               Lost
               ,
               by
               Lady
               Ivy
               herself
               .
            
             
               FINIS
               .
            
          
           
             
             
               
            
          
           
             
             
               The
               Lady
               Ivy
            
             
               HAving
               thought
               fit
               some
               short
               time
               before
               
               Easter-Term
               ,
               1687.
               to
               cause
               to
               be
               printed
               and
               published
               a
               Paper
               ,
               intituled
               ,
               
                 An
                 Abstract
                 of
                 the
                 Title
                 to
                 the
                 Lands
                 in
              
               Wapping
               -
               
                 Marsh
                 ,
                 and
                 other
                 Places
                 near
                 adjoyning
                 ,
                 belonging
                 to
                 the
                 Mannor
                 of
              
               Stepney
               or
               Stebonheath
               ,
               called
               Ewell
               ,
               alias
               Tile-house
               ;
               thereby
               making
               Title
               in
               general
               to
               more
               Ground
               (
               great
               part
               of
               it
               built
               )
               than
               the
               City
               of
               London
               stands
               upon
               ;
               but
               particularly
               to
               none
               of
               the
               Lands
               in
               question
               .
               She
               affirms
               ,
               That
               the
               14th
               of
               Iune
               1573.
               15
               
               
                 Eliz.
                 Iohn
                 Stepkins
              
               ,
               one
               of
               her
               Ancestors
               ,
               being
               indebted
               to
               the
               Queen
               as
               Surety
               for
               
                 William
                 Patent
              
               ,
               in
               the
               19th
               of
               Eliz.
               Stepkins's
               Lands
               were
               Extended
               ,
               and
               that
               therein
               are
               exprest
               most
               of
               the
               Lands
               mentioned
               in
               the
               Extent
               of
               4.
               
               Eliz.
               taken
               out
               against
               Richard
               Hill's
               Lands
               ,
               upon
               a
               Statute
               entred
               into
               by
               him
               32
               Hen.
               8.
               being
               113
               Acres
               ,
               and
               particularly
               all
               the
               Lands
               now
               in
               Dispute
               ;
               which
               is
               confidently
               affirm'd
               ,
               but
               very
               untrue
               :
               for
               in
               the
               Deed
               from
               Stepkins
               ,
               to
               convey
               all
               his
               Lands
               to
               the
               Queens
               Trustees
               ,
               and
               in
               the
               Extent
               19
               Eliz.
               and
               the
               Lease
               from
               the
               Queen
               to
               
                 Alice
                 Stepkins
              
               ,
               and
               the
               Release
               from
               King
               Iames
               ,
               7
               Iac.
               to
               
                 Iohn
                 Stepkins
              
               ,
               all
               the
               particulars
               of
               
               Stepkins's
               Lands
               are
               Enumerated
               ,
               and
               the
               Tenants
               names
               ,
               whereof
               there
               was
               but
               a
               few
               Acres
               lying
               in
               the
               Marsh
               mention'd
               as
               convey'd
               to
               Trustees
               for
               the
               Queen
               ,
               and
               fifty
               Acres
               only
               Extended
               (
               being
               all
               they
               had
               )
               in
               
               Wapping-Marsh
               at
               that
               time
               ,
               but
               not
               the
               least
               part
               of
               the
               Lands
               in
               dispute
               named
               ,
               they
               being
               all
               that
               time
               (
               and
               long
               before
               and
               ever
               since
               )
               in
               other
               mens
               possession
               ,
               under
               whom
               Sir
               
                 Anthony
                 Bateman
              
               ,
               and
               the
               Trustees
               for
               
                 Rebecca
                 Whichcot
              
               ,
               purchased
               .
            
             
               And
               lest
               the
               World
               should
               by
               the
               said
               Paper
               be
               made
               to
               believe
               that
               the
               Lands
               in
               question
               were
               (
               as
               part
               of
               the
               Land
               then
               belonging
               to
               Stepkins
               )
               assigned
               to
               the
               use
               of
               the
               Crown
               ,
               and
               there
               remained
               till
               1609
               ,
               and
               so
               must
               have
               been
               
               Stepkins's
               Land
               at
               that
               time
               .
            
             
               The
               Creditors
               of
               Sir
               
                 Anthony
                 Bateman
              
               have
               thought
               fit
               to
               print
               so
               much
               of
               their
               Title
               as
               remains
               on
               Record
               ,
               to
               Ten
               Acres
               of
               Freehold
               ,
               and
               Twelve
               Acres
               of
               Copyhold
               Land
               ,
               as
               have
               also
               the
               Heirs
               of
               
                 Rebecca
                 Whichcot
              
               ,
               to
               above
               Three
               ,
               and
               not
               exceeding
               Four
               Acres
               ,
               all
               lying
               in
               
               Wapping-Marsh
               ,
               and
               desire
               the
               Readers
               to
               take
               notice
               of
               the
               Boundaries
               in
               the
               old
               Deeds
               by
               which
               this
               Land
               is
               described
               ,
               exactly
               answered
               by
               the
               Lands
               in
               dispute
               :
               And
               that
               several
               of
               the
               Sales
               made
               (
               on
               Record
               )
               of
               the
               Freehold
               ,
               and
               Surrenders
               (
               also
               on
               Record
               )
               of
               the
               Copyhold
               ,
               were
               made
               during
               the
               time
               that
               the
               Estate
               of
               the
               Stepkinses
               did
               remain
               in
               the
               Crown
               ,
               and
               so
               cannot
               be
               reasonably
               thought
               to
               have
               been
               any
               part
               of
               that
               Land.
               
            
             
               
                 The
                 Creditors
                 Title
                 to
                 Ten
                 Acres
                 of
                 Freehold
                 Land.
                 
              
               
                 
                   JOhn
                   Nelthorpe
                
                 ,
                 and
                 Elizabeth
                 his
                 Wife
                 ,
                 Daughter
                 and
                 sole
                 Heir
                 of
                 
                   Iohn
                   Starkey
                
                 ,
                 
                 conveys
                 by
                 Deed
                 enrolled
                 to
                 
                   Richard
                   Sleford
                
                 and
                 his
                 Heirs
                 ,
                 all
                 those
                 Ten
                 Acres
                 of
                 Marsh-ground
                 ,
                 with
                 its
                 Appurtenances
                 ,
                 in
                 
                 Wapping-Marsh
                 in
                 the
                 County
                 of
                 Middlesex
                 ,
                 between
                 the
                 Lands
                 late
                 of
                 
                   Iasper
                   Hill
                
                 ,
                 and
                 Gravel-Lane
                 ,
                 on
                 every
                 part
                 .
              
               
                 These
                 Lands
                 lye
                 butting
                 on
                 one
                 side
                 on
                 Gravel-Lane
                 ,
                 
                 and
                 on
                 the
                 Copyhold
                 late
                 
                 Hill's
                 on
                 the
                 other
                 ,
                 
                   Iasper
                   Hill
                
                 being
                 the
                 man
                 that
                 last
                 surrendred
                 the
                 same
                 ,
                 even
                 to
                 one
                 of
                 the
                 Stepkinses
                 ,
                 but
                 the
                 4th
                 of
                 Eliz.
                 before
                 ,
                 as
                 appears
                 by
                 Copy
                 of
                 Court-Roll
                 on
                 Record
                 ,
                 5
                 Eliz.
                 1563.
                 
              
               
                 A
                 Fine
                 by
                 Nelthorpe
                 and
                 his
                 Wife
                 ,
                 pursuant
                 to
                 the
                 Deed.
                 
              
               
                 
                   Richard
                   Sleford
                
                 sells
                 the
                 same
                 Ten
                 Acres
                 to
                 
                   Henry
                   Tailford
                
                 ,
                 
                 but
                 butts
                 it
                 (
                 as
                 it
                 did
                 at
                 that
                 time
                 )
                 West
                 on
                 
                   Gravel-Lane
                   ,
                   Eastward
                
                 on
                 
                 Glascock's
                 ,
                 and
                 North
                 on
                 
                 Stukeley's
                 Land.
                 
              
               
                 The
                 Land
                 late
                 
                 Hill's
                 ,
                 was
                 23
                 Eliz.
                 surrendred
                 to
                 Glascock
                 ,
                 as
                 appears
                 by
                 the
                 Copy
                 ;
                 
                 and
                 that
                 the
                 North
                 Buttal
                 was
                 on
                 
                 Stukeley's
                 Land
                 ,
                 appears
                 by
                 the
                 Sale
                 Stukeley
                 made
                 of
                 Land
                 lying
                 North
                 of
                 it
                 ,
                 4
                 Iacobi
                 enrolled
                 .
              
               
               
                 There
                 are
                 two
                 Gravel-Lanes
                 ,
                 
                 one
                 called
                 
                   Old
                   Gravel-Lane
                
                 ,
                 the
                 other
                 
                   New
                   Gravel-Lane
                
                 (
                 between
                 which
                 all
                 the
                 Land
                 now
                 in
                 question
                 does
                 lye
                 )
                 but
                 that
                 
                   Old
                   Gravel-Lane
                
                 ,
                 on
                 which
                 these
                 Lands
                 Abutt
                 West
                 ,
                 was
                 the
                 Gravel-Lane
                 meant
                 by
                 these
                 Deeds
                 ,
                 is
                 plain
                 ;
                 for
                 that
                 
                   New
                   Gravel-Lane
                
                 was
                 a
                 Rope-Walk
                 long
                 since
                 the
                 memory
                 of
                 many
                 alive
                 ,
                 and
                 sold
                 by
                 Lady
                 Ivy
                 her self
                 ,
                 with
                 the
                 Land
                 on
                 each
                 side
                 of
                 it
                 ,
                 to
                 
                   Brian
                   Harrison
                
                 ,
                 Trustee
                 for
                 
                   William
                   Wood
                
                 ,
                 by
                 Deed
                 enrolled
                 ,
                 Dated
                 the
                 first
                 of
                 Iuly
                 1658.
                 by
                 the
                 Name
                 of
                 Three
                 Acres
                 ,
                 heretofore
                 used
                 for
                 a
                 Rope-ground
                 ,
                 and
                 now
                 converted
                 into
                 a
                 Street
                 called
                 
                   New
                   Gravel-Lane
                
                 .
              
               
                 
                   Henry
                   Tailford
                
                 had
                 a
                 Daughter
                 who
                 was
                 his
                 Heir
                 ,
                 and
                 married
                 
                   Iohn
                   Crosse
                
                 ,
                 who
                 so
                 became
                 seized
                 thereof
                 .
              
               
                 
                 A
                 Recovery
                 
                   per
                   Crosse
                
                 and
                 his
                 Wife
                 .
              
               
                 
                 Crosse
                 and
                 his
                 Wife
                 levied
                 a
                 Fine
                 to
                 Bennet
                 .
              
               
                 
                 
                   Richard
                   Bennet
                
                 and
                 Lettice
                 his
                 Wife
                 ,
                 levy
                 a
                 Fine
                 to
                 
                   Richard
                   Glover
                
                 .
              
               
                 
                 
                   Richard
                   Glover
                
                 settles
                 by
                 his
                 Will
                 ,
                 these
                 Lands
                 ,
                 among
                 others
                 ,
                 on
                 his
                 Son
                 Richard
                 ;
                 who
                 dying
                 about
                 1646.
                 left
                 a
                 Son
                 whose
                 Name
                 was
                 also
                 Richard.
                 
              
               
                 
                 
                   Richard
                   Glover
                
                 the
                 Grandson's
                 Conveyance
                 enrolled
                 ,
                 to
                 Sir
                 
                   Anthony
                   Bateman
                
                 and
                 others
                 of
                 the
                 Premisses
                 ,
                 among
                 other
                 things
                 ,
                 in
                 Trust
                 to
                 pay
                 Debts
                 ;
                 and
                 a
                 Lease
                 of
                 five
                 Acres
                 ,
                 part
                 of
                 the
                 Lands
                 in
                 question
                 from
                 
                   Richard
                   Glover
                
                 ,
                 to
                 
                   Aaron
                   Williams
                
                 for
                 fifty
                 years
                 ,
                 from
                 1630
                 at
                 20
                 l.
                 yearly
                 ,
                 recited
                 in
                 the
                 Schedule
                 to
                 it
                 ,
                 which
                 Lease
                 Lady
                 Ivy
                 purchased
                 in
                 1659.
                 for
                 about
                 2000
                 l.
                 and
                 so
                 got
                 the
                 possession
                 of
                 it
                 .
                 See
                 her
                 Answer
                 to
                 Sir
                 Robert
                 Cotton's
                 Bill
                 put
                 in
                 ,
                 in
                 1676.
                 
              
               
                 
                 
                   Smith
                   ,
                   Harrington
                   ,
                   Anthony
                   Bateman
                   ,
                
                 and
                 
                   Richard
                   Glover
                
                 the
                 Grandson
                 ,
                 levy
                 a
                 Fine
                 to
                 Tirrill
                 and
                 Harris
                 ,
                 Trustees
                 for
                 Bateman
                 .
              
               
                 
                 A
                 Deed
                 enrolled
                 ,
                 reciting
                 a
                 Deed
                 from
                 the
                 Parties
                 to
                 the
                 aforesaid
                 Fine
                 ,
                 to
                 Tirrill
                 and
                 Harris
                 ,
                 the
                 20th
                 of
                 Iune
                 last
                 ;
                 whereby
                 Tirrill
                 and
                 Harris
                 convey
                 the
                 said
                 Lands
                 to
                 
                   Anthony
                   Bateman
                
                 and
                 his
                 Heirs
                 ,
                 who
                 held
                 the
                 possession
                 thereof
                 ,
                 and
                 received
                 the
                 Rents
                 till
                 he
                 failed
                 about
                 1666.
                 and
                 under
                 whom
                 Sir
                 
                   Robert
                   Cotton
                
                 ,
                 as
                 Trustee
                 for
                 the
                 Creditors
                 ,
                 claims
                 ,
                 and
                 in
                 
                 Easter-Term
                 1686.
                 after
                 a
                 full
                 Hearing
                 in
                 the
                 King's-Bench
                 ,
                 had
                 a
                 Verdict
                 for
                 this
                 ,
                 and
                 the
                 Twelve
                 Acres
                 Copyhold
                 Land.
                 
              
            
             
               
                 Title
                 to
                 the
                 Copyhold
                 Land.
                 
              
               
                 
                 
                   EDward
                   Ascugh
                
                 and
                 his
                 Wife
                 ,
                 surrender
                 Twelve
                 Acres
                 in
                 Wall
                 and
                 
                 Wapping-Marsh
                 ,
                 to
                 
                   Richard
                   Hill.
                
                 
              
               
                 
                 Copy
                 whereby
                 
                   Iohn
                   Stepkins
                
                 surrenders
                 the
                 Twelve
                 Acres
                 to
                 
                   Iohn
                   Harding
                
                 ,
                 and
                 recites
                 they
                 had
                 been
                 
                 Alwine's
                 and
                 
                 Gibson's
                 ,
                 and
                 that
                 he
                 had
                 them
                 by
                 Grant
                 of
                 the
                 Lord
                 of
                 the
                 Mannor
                 ,
                 and
                 Release
                 of
                 
                   Iasper
                   Hill.
                
                 
              
               
                 
                 There
                 is
                 not
                 known
                 to
                 be
                 any
                 but
                 this
                 Twelve
                 Acres
                 Copyhold
                 ,
                 in
                 the
                 whole
                 Marsh.
                 
              
               
                 
                 
                   Iohn
                   Harding
                
                 surrenders
                 to
                 
                   Iohn
                   Osborne
                
                 .
              
               
                 
                 
                   Iohn
                   Osborne
                
                 surrenders
                 to
                 
                   Richard
                   Wotton
                
                 and
                 
                   Robert
                   Harrell
                
                 .
              
               
                 
                 
                   Iohn
                   Osborne
                
                 having
                 forfeited
                 for
                 having
                 Lett
                 without
                 License
                 ,
                 the
                 Lord
                 of
                 the
                 Mannor
                 admitted
                 Walthal
                 and
                 Finch
                 .
              
               
                 
                 Walthal
                 and
                 Finch
                 surrender
                 to
                 
                   Io.
                   Glascock
                
                 .
              
               
                 
                 Glascock
                 surrenders
                 to
                 
                   Tho.
                   Cook
                
                 and
                 his
                 Wife
                 .
              
               
                 
                 Cook
                 and
                 his
                 Wife
                 surrender
                 to
                 
                   Richard
                   Glover
                
                 ,
                 Citizen
                 and
                 Pewterer
                 of
                 London
                 .
              
               
                 
                 
                   Richard
                   Glover
                
                 dying
                 ,
                 the
                 Copyhold
                 being
                 Gavelkind
                 ,
                 fell
                 to
                 his
                 several
                 Sons
                 ,
                 who
                 all
                 after
                 surrendred
                 to
                 Richard
                 the
                 Eldest
                 ;
                 who
                 dying
                 in
                 1646.
                 his
                 Son
                 (
                 after
                 admittance
                 )
                 in
                 1647.
                 surrendred
                 to
                 
                   Robert
                   Smith
                
                 and
                 
                   Anthony
                   Bateman
                
                 ,
                 who
                 was
                 (
                 till
                 he
                 broke
                 )
                 in
                 possession
                 ,
                 and
                 received
                 the
                 Rents
                 .
              
               
                 Sir
                 
                   Robert
                   Smith
                
                 dyed
                 12
                 Iune
                 ,
                 21
                 Car.
                 2.
                 so
                 Sir
                 Anthony
                 was
                 the
                 Survivour
                 .
              
               
                 Sir
                 Anthony
                 became
                 a
                 Bankrupt
                 .
                 See
                 the
                 Commission
                 .
              
               
                 
                 The
                 Commissioners
                 Assignment
                 of
                 the
                 Ten
                 Acres
                 Freehold
                 ,
                 and
                 Twelve
                 Acres
                 Copy
                 hold
                 to
                 Sir
                 
                   Robert
                   Cotton
                
                 ,
                 enrolled
                 .
              
               
                 
                 Sir
                 
                   Robert
                   Cotton
                
                 admitted
                 to
                 the
                 Twelve
                 Acres
                 Copyhold
                 .
              
               
                 
                 A
                 Verdict
                 for
                 Sir
                 
                   Robert
                   Cotton
                
                 .
              
            
             
               
               
                 The
                 Heirs
                 of
                 
                 Whichcot's
                 Title
                 to
                 
                 Pruson's
                 Island
                 .
              
               
                 
                   PEter
                   Osborne
                
                 conveys
                 the
                 Breach
                 ,
                 &c.
                 to
                 Woodshaw
                 ,
                 
                 by
                 Estimation
                 Three
                 (
                 not
                 exceeding
                 Four
                 )
                 Acres
                 ,
                 butting
                 East
                 on
                 a
                 Sluce
                 ,
                 South
                 on
                 the
                 
                   Thames
                   ,
                   North
                
                 on
                 
                 Wapping-Marsh
                 ,
                 West
                 on
                 a
                 piece
                 of
                 Ground
                 next
                 abutting
                 and
                 adjoyning
                 on
                 a
                 certain
                 Way
                 or
                 Lane
                 there
                 ,
                 called
                 Gravel-Lane
                 .
                 Enroll'd
                 .
              
               
                 
                   Iames
                   Woodshaw
                
                 conveys
                 the
                 same
                 to
                 
                   Richard
                   Glover
                
                 .
                 
                 Livery
                 and
                 Seisin
                 Endorsed
                 .
              
               
                 
                   Richard
                   Glover
                
                 Devises
                 ,
                 by
                 general
                 Words
                 ,
                 
                 Wapping-Land
                 to
                 
                   Richard
                   Glover
                
                 his
                 Son.
                 Book
                 of
                 Wills.
                 
              
               
                 The
                 said
                 
                   Richard
                   Glover
                
                 conveys
                 the
                 same
                 to
                 Warren
                 and
                 his
                 Heirs
                 .
                 Enroll'd
                 .
                 
              
               
                 The
                 said
                 Richard
                 confirms
                 the
                 same
                 to
                 Warren
                 .
                 Enroll'd
                 .
                 
              
               
                 
                   Richard
                   Glover
                
                 ,
                 the
                 Grandson
                 ,
                 confirms
                 the
                 same
                 .
                 
              
               
                 
                   George
                   Warren
                
                 sells
                 the
                 same
                 to
                 
                   Richard
                   Lloyd
                
                 and
                 
                   Iohn
                   Wicken
                
                 .
                 Enroll'd
                 .
                 
              
               
                 
                   Richard
                   Lloyd
                
                 and
                 
                   Iohn
                   Wicken
                
                 ,
                 by
                 Lease
                 and
                 Release
                 ,
                 sell
                 to
                 
                   William
                   Crowder
                
                 ,
                 
                 
                   Thomas
                   Iordan
                   ,
                   Thomas
                   Horton
                
                 ,
                 and
                 
                   Iohn
                   Iolliff
                
                 ,
                 Trustees
                 for
                 
                   Rebecca
                   Whichcot
                
                 ,
                 late
                 
                 Glover's
                 Wife
                 .
                 
              
               
                 
                   Crowder
                   ,
                   Iorden
                
                 ,
                 and
                 Horton
                 ,
                 Dye
                 before
                 1680.
                 
                 
                   Iohn
                   Iolliff
                
                 in
                 1680.
                 being
                 the
                 surviving
                 Trustee
                 ,
                 and
                 in
                 
                   William
                   Iolliff
                
                 his
                 Son
                 and
                 Heir
                 ,
                 the
                 Inheritance
                 of
                 these
                 Lands
                 remains
                 ,
                 in
                 Trust
                 for
                 the
                 Heirs
                 of
                 the
                 said
                 
                   Rebecca
                   Whichcot
                
                 ,
                 to
                 this
                 Day
                 :
                 And
                 ,
              
               
                 Note
                 ,
                 The
                 Land
                 now
                 called
                 
                 Pruson's
                 Island
                 ,
                 (
                 which
                 Name
                 is
                 assuredly
                 took
                 from
                 having
                 been
                 long
                 in
                 possession
                 of
                 one
                 Pruson
                 ,
                 under
                 
                 Glover's
                 Title
                 )
                 is
                 above
                 Three
                 ,
                 and
                 not
                 Four
                 Acres
                 ;
                 butted
                 East
                 on
                 (
                 a
                 place
                 where
                 there
                 was
                 )
                 a
                 Sluce
                 ,
                 South
                 on
                 the
                 
                   Thames
                   ,
                   North
                
                 on
                 
                 Wapping-Marsh
                 ,
                 and
                 West
                 on
                 
                 Bridewel-Hospital-Land
                 ,
                 heretofore
                 a
                 piece
                 of
                 Ground
                 which
                 butted
                 and
                 adjoyned
                 upon
                 Gravel-Lane
                 ;
                 and
                 was
                 held
                 under
                 
                 Glover's
                 Title
                 by
                 Mrs.
                 
                   Rebecca
                   Whichcot
                
                 ,
                 till
                 outed
                 by
                 Lady
                 Ivy
                 ,
                 1679.
                 
              
               
                 And
                 if
                 Lady
                 Ivy
                 can
                 shew
                 what
                 Land
                 't
                 is
                 possible
                 the
                 Ten
                 Acres
                 in
                 
                 Wapping-Marsh
                 should
                 be
                 ,
                 but
                 the
                 Lands
                 in
                 question
                 ,
                 butting
                 West
                 on
                 Gravel-Lane
                 ,
                 and
                 where
                 the
                 Twelve
                 Acres
                 of
                 Copyhold
                 in
                 
                 Wapping-Marsh
                 should
                 be
                 ,
                 (
                 that
                 was
                 late
                 
                 Hill's
                 in
                 the
                 10th
                 ,
                 and
                 
                 Glascock's
                 the
                 23d
                 of
                 Eliz.
                 )
                 and
                 lying
                 East
                 of
                 the
                 last
                 Ten
                 Acres
                 ,
                 but
                 the
                 Lands
                 in
                 question
                 ,
                 and
                 which
                 have
                 been
                 always
                 enjoyed
                 by
                 those
                 the
                 Creditors
                 claim
                 under
                 ,
                 by
                 Copy
                 of
                 Court-Roll
                 ,
                 since
                 Edward
                 the
                 Sixth's
                 time
                 ,
                 and
                 where
                 there
                 should
                 be
                 Three
                 ,
                 and
                 not
                 exceeding
                 Four
                 Acres
                 ,
                 that
                 butted
                 East
                 on
                 a
                 Sluce
                 ,
                 South
                 on
                 the
                 
                   Thames
                   ,
                   North
                
                 on
                 
                 Wapping-Marsh
                 ,
                 and
                 West
                 on
                 a
                 piece
                 of
                 Ground
                 that
                 butted
                 on
                 Gravel-Lane
                 ,
                 unless
                 the
                 Ground
                 now
                 called
                 
                 Pruson's
                 Island
                 ,
                 which
                 really
                 does
                 so
                 abutt
                 ,
                 they
                 will
                 then
                 quit
                 their
                 Claim
                 to
                 these
                 Lands
                 ,
                 which
                 they
                 otherwise
                 hope
                 will
                 at
                 some
                 time
                 or
                 other
                 be
                 allowed
                 to
                 be
                 theirs
                 .
              
               
                 As
                 to
                 what
                 Lady
                 Ivy
                 is
                 pleased
                 to
                 say
                 concerning
                 the
                 several
                 Verdicts
                 she
                 has
                 had
                 for
                 her
                 Title
                 ,
                 the
                 Reader
                 is
                 hereby
                 informed
                 ,
                 That
                 those
                 Verdicts
                 were
                 got
                 on
                 producing
                 of
                 Deeds
                 ,
                 which
                 are
                 not
                 mentioned
                 in
                 her
                 printed
                 Paper
                 ,
                 nor
                 yet
                 to
                 be
                 found
                 on
                 Record
                 .
              
               
                 And
                 as
                 to
                 what
                 she
                 is
                 pleased
                 to
                 suggest
                 concerning
                 the
                 Conviction
                 of
                 her
                 Adversaries
                 Attorney
                 ,
                 one
                 Iohnson
                 ,
              
               
                 Note
                 ,
                 There
                 was
                 one
                 Duffet
                 ,
                 a
                 notorious
                 common
                 Forger
                 of
                 Deeds
                 ,
                 and
                 an
                 intimate
                 Acquaintance
                 of
                 my
                 Lady's
                 :
                 He
                 first
                 applied
                 himself
                 to
                 Mr.
                 Iohnson
                 as
                 a
                 Witness
                 ,
                 without
                 
                 Iohnson's
                 seeking
                 to
                 him
                 ,
                 and
                 discovering
                 his
                 Treaty
                 with
                 Iohnson
                 ,
                 drew
                 him
                 into
                 a
                 snare
                 ,
                 being
                 ,
                 as
                 supposed
                 ,
                 employed
                 by
                 somebody
                 else
                 .
              
               
                 As
                 for
                 the
                 Records
                 and
                 Deeds
                 ,
                 which
                 made
                 up
                 three
                 parts
                 of
                 her
                 Paper
                 ,
                 they
                 are
                 most
                 of
                 them
                 such
                 as
                 were
                 never
                 made
                 use
                 of
                 at
                 any
                 Trial
                 ,
                 and
                 serve
                 only
                 for
                 a
                 shew
                 ,
                 and
                 an
                 amusement
                 ,
                 and
                 when
                 rightly
                 considered
                 ,
                 are
                 nothing
                 to
                 the
                 purpose
                 at
                 all
                 .
              
               
                 And
                 that
                 the
                 World
                 may
                 also
                 see
                 what
                 Title
                 ,
                 both
                 on
                 Record
                 and
                 otherwise
                 ,
                 the
                 Lady
                 Ivy
                 has
                 yet
                 been
                 pleased
                 to
                 produce
                 for
                 the
                 Lands
                 in
                 question
                 ,
                 with
                 what
                 may
                 reasonably
                 be
                 objected
                 against
                 it
                 by
                 Arguments
                 ,
                 only
                 deduced
                 from
                 other
                 Deeds
                 on
                 Records
                 ,
                 the
                 same
                 is
                 incerted
                 here
                 ,
                 and
                 if
                 any
                 Mistake
                 be
                 made
                 in
                 't
                 ,
                 it
                 is
                 not
                 wilfully
                 done
                 ,
                 and
                 will
                 be
                 undoubtedly
                 Answered
                 by
                 Lady
                 
                 Ivy's
                 Direction
                 ,
                 if
                 there
                 be
                 any
                 thing
                 in
                 it
                 untrue
                 ,
                 her
                 Ladyship
                 having
                 already
                 appeared
                 twice
                 in
                 Print
                 in
                 these
                 Matters
                 ,
                 and
                 thereby
                 given
                 occasion
                 for
                 the
                 Printing
                 of
                 this
                 .
              
            
             
               
               
                 The
                 Lady
                 
                 Ivy's
                 Title
                 .
              
               
                 THat
                 
                 Wapping-Marsh
                 being
                 one
                 Hundred
                 and
                 Thirty
                 Acres
                 drowned
                 Land
                 ,
                 was
                 ,
                 for
                 a
                 Moiety
                 thereof
                 ,
                 undertaken
                 before
                 the
                 27
                 Hen.
                 8
                 ,
                 to
                 be
                 Inned
                 and
                 Drained
                 by
                 one
                 Vanderdelfe
                 ,
                 who
                 sold
                 his
                 Moiety
                 to
                 one
                 
                   Richard
                   Hill
                
                 ,
                 on
                 whom
                 that
                 Moiety
                 was
                 by
                 Act
                 of
                 Parliament
                 ,
                 27
                 Hen.
                 8.
                 setled
                 .
              
               
                 
                 A
                 Lease
                 produced
                 by
                 which
                 
                   Richard
                   Hill
                
                 lets
                 Sixteen
                 Acres
                 to
                 one
                 Clayton
                 ,
                 a
                 Butcher
                 ,
                 for
                 five
                 years
                 ,
                 lying
                 along
                 Gravel-Lane
                 .
              
               
                 
                 A
                 Deed
                 whereby
                 
                   Richard
                   Hill
                
                 sells
                 to
                 
                   Thomas
                   Stepkins
                
                 and
                 his
                 Heirs
                 ,
                 for
                 ever
                 ,
                 Sixteen
                 Acres
                 in
                 
                 Wapping-Marsh
                 ,
                 in
                 the
                 Tenure
                 of
                 one
                 Clayton
                 ,
                 and
                 Fifteen
                 Acres
                 and
                 Three
                 Roods
                 of
                 Land
                 in
                 
                 Wapping-Marsh
                 ,
                 then
                 in
                 the
                 possession
                 of
                 
                   Richard
                   Hill
                
                 ,
                 lying
                 by
                 the
                 Pond
                 in
                 the
                 said
                 Marsh
                 ,
                 and
                 all
                 those
                 his
                 Messuages
                 ,
                 Pond
                 ,
                 Lands
                 ,
                 and
                 Soil
                 ,
                 in
                 the
                 Parishes
                 of
                 Stepney
                 and
                 St.
                 
                   Mary
                   Matfellon
                
                 ,
                 or
                 elsewhere
                 in
                 the
                 County
                 of
                 Middlesex
                 ;
                 and
                 were
                 parcel
                 of
                 Hundred
                 and
                 thirty
                 Acres
                 ,
                 formerly
                 drowned
                 ,
                 but
                 not
                 of
                 the
                 Fifty
                 three
                 Acres
                 that
                 were
                 
                 Stepkins's
                 before
                 the
                 drowning
                 .
              
               
                 Note
                 ,
                 The
                 word
                 is
                 Drowning
                 ,
                 and
                 not
                 Draining
                 ,
                 in
                 the
                 Deed.
                 
              
               
                 See
                 Lady
                 
                 Ivy's
                 Answer
                 to
                 Dr.
                 
                 Whichcot's
                 Bill
                 ,
                 1677.
                 
              
               
                 
                 A
                 Deed
                 whereby
                 
                   Jasper
                   Hill
                
                 ,
                 Son
                 of
                 
                   Richard
                   Hill
                
                 ,
                 sells
                 all
                 his
                 Lands
                 about
                 Ninty
                 two
                 Acres
                 ,
                 in
                 the
                 Marsh
                 ,
                 and
                 County
                 of
                 Middlesex
                 ,
                 to
                 Machelin
                 and
                 
                   John
                   Stepkins
                
                 ,
                 and
                 their
                 Heirs
                 ;
                 and
                 is
                 the
                 Deed
                 whereby
                 Lady
                 Ivy
                 ,
                 in
                 
                 Easter-Term
                 1686.
                 
                 Claimed
                 these
                 Lands
                 ,
                 without
                 producing
                 the
                 foregoing
                 Deed
                 of
                 the
                 23
                 d
                 Mar.
                 5
                 Edw.
                 6.
                 but
                 in
                 Easter
                 and
                 
                   Trinity
                   Term
                
                 1687.
                 
                 Lady
                 Ivy
                 to
                 make
                 Title
                 to
                 these
                 Lands
                 ,
                 produced
                 that
                 of
                 the
                 5
                 th
                 
                 Edw.
                 6
                 th
                 ,
                 without
                 bringing
                 out
                 this
                 at
                 all
                 .
              
               
                 
                 And
                 that
                 
                   Jasper
                   Hill
                
                 by
                 Fine
                 and
                 Recovery
                 3
                 Eliz.
                 and
                 by
                 Deed
                 12
                 
                   th
                   May
                
                 4
                 Eliz.
                 conveyed
                 Twenty
                 Acres
                 of
                 Land
                 ,
                 and
                 a
                 Hundred
                 Acres
                 of
                 Marsh
                 in
                 
                   White-Chappel
                   ,
                   Stepney
                
                 ,
                 and
                 Wapping
                 ,
                 to
                 Macheline
                 and
                 
                   John
                   Stepkins
                
                 and
                 their
                 Heirs
                 .
              
               
                 
                 
                   Richard
                   Hill
                
                 ,
                 having
                 the
                 3
                 Dec.
                 32
                 Henry
                 the
                 8
                 th
                 ,
                 entred
                 into
                 a
                 Statute
                 to
                 one
                 Vivald
                 ,
                 and
                 Salvago
                 ,
                 all
                 the
                 Lands
                 which
                 he
                 was
                 possest
                 of
                 after
                 that
                 time
                 ,
                 being
                 One
                 hundred
                 and
                 thirteen
                 Acres
                 were
                 extended
                 ,
                 and
                 among
                 them
                 the
                 Lands
                 in
                 question
                 ,
                 and
                 that
                 that
                 Extent
                 was
                 purchased
                 in
                 by
                 Stepkins
                 .
              
               
                 
                 A
                 Presentment
                 of
                 
                 Sewer's
                 finding
                 Twelve
                 Acres
                 in
                 possession
                 of
                 Walthall
                 and
                 Woodcock
                 ,
                 as
                 the
                 Freehold
                 of
                 Stepkins
                 ,
                 and
                 part
                 of
                 the
                 Lands
                 in
                 question
                 .
              
               
                 
                 
                   John
                   Stepkins
                
                 ,
                 as
                 Surety
                 for
                 
                   William
                   Patent
                
                 ,
                 Covenanted
                 to
                 pay
                 to
                 the
                 Queen
                 7928
                 l.
                 7
                 s.
                 11
                 d.
                 ½
                 .
                 and
                 to
                 secure
                 it
                 ,
                 levied
                 a
                 Fine
                 ,
                 and
                 conveyed
                 an
                 Estate
                 to
                 Trustees
                 for
                 the
                 Queen
                 :
                 in
                 which
                 Conveyance
                 ,
                 
                   inter
                   alia
                
                 ,
                 is
                 mentioned
                 Four
                 Acres
                 of
                 Meadow
                 ,
                 with
                 a
                 Pond
                 and
                 Island
                 ,
                 in
                 the
                 possession
                 of
                 
                   Alice
                   Woodcock
                
                 ;
                 which
                 Lady
                 
                 Ivy's
                 Counsel
                 do
                 say
                 ,
                 is
                 the
                 Ground
                 now
                 called
                 
                 Pruson's
                 Island
                 .
                 And
                 the
                 said
                 
                   John
                   Stepkins
                
                 at
                 that
                 time
                 did
                 give
                 Bond
                 to
                 perform
                 Covenants
                 ,
                 which
                 Bond
                 being
                 forfeited
                 ,
                 in
                 the
                 19
                 Eliz.
                 the
                 rest
                 of
                 his
                 Estate
                 was
                 extended
                 ,
                 and
                 not
                 released
                 till
                 7
                 Jacobi
                 ,
                 1609.
                 and
                 then
                 restored
                 to
                 the
                 Stepkinses
                 again
                 .
                 And
                 Lady
                 Ivy
                 in
                 her
                 printed
                 Paper
                 affirms
                 ,
                 that
                 most
                 of
                 the
                 Lands
                 in
                 the
                 Extent
                 4
                 Eliz.
                 are
                 mentioned
                 in
                 this
                 ,
                 and
                 particularly
                 all
                 the
                 Lands
                 in
                 dispute
                 ;
                 and
                 thence
                 would
                 infer
                 ,
                 that
                 these
                 were
                 
                 Stepkins's
                 Lands
                 at
                 that
                 time
                 ,
                 and
                 ,
                 if
                 so
                 ,
                 ought
                 to
                 be
                 hers
                 now
                 .
              
            
             
               
               
                 The
                 Answer
                 to
                 it
                 .
              
               
                 THE
                 Act
                 of
                 Parliament
                 was
                 undoubtedly
                 so
                 ●
                 and
                 only
                 shews
                 there
                 was
                 a
                 Hundred
                 and
                 thirty
                 Acres
                 to
                 be
                 Drained
                 ,
                 and
                 that
                 
                   Richard
                   Hill
                
                 having
                 purchased
                 
                 Vanderdelfe's
                 interest
                 ,
                 was
                 to
                 have
                 one
                 Moiety
                 of
                 it
                 .
              
               
                 This
                 Lease
                 (
                 if
                 really
                 true
                 )
                 only
                 shews
                 that
                 
                   Richard
                   Hill
                
                 had
                 Land
                 there
                 ;
                 which
                 it
                 may
                 be
                 he
                 had
                 and
                 probably
                 he
                 or
                 his
                 Son
                 Iasper
                 might
                 after
                 sell
                 it
                 to
                 
                   Iohn
                   Starkey
                
                 (
                 under
                 whom
                 it
                 is
                 claimed
                 now
                 )
                 before
                 they
                 sold
                 any
                 to
                 Stepkins
                 at
                 all
                 .
              
               
                 This
                 (
                 if
                 true
                 )
                 purports
                 a
                 most
                 absolute
                 sale
                 of
                 all
                 the
                 Lands
                 
                   Richard
                   Hill
                
                 had
                 in
                 the
                 County
                 of
                 Middlesex
                 ;
                 and
                 yet
                 the
                 said
                 
                   Richard
                   Hill
                
                 ,
                 the
                 20●
                 Oct.
                 6
                 Edw.
                 6.
                 by
                 his
                 last
                 Will
                 and
                 Testament
                 ,
                 settles
                 the
                 Lands
                 he
                 bought
                 of
                 Vanderdelfe
                 (
                 of
                 which
                 ,
                 by
                 the
                 Deed
                 ,
                 this
                 appears
                 to
                 be
                 part
                 )
                 on
                 his
                 Son
                 
                   Iasper
                   Hill
                
                 ,
                 with
                 several
                 Remainders
                 over
                 in
                 Tail
                 ,
                 which
                 't
                 is
                 not
                 likely
                 he
                 would
                 have
                 done
                 ,
                 had
                 he
                 sold
                 it
                 away
                 before
                 ;
                 and
                 as
                 a
                 very
                 good
                 Argument
                 that
                 it
                 was
                 so
                 Entailed
                 by
                 Richard
                 Hill's
                 Will
                 ,
                 there
                 appears
                 on
                 Record
                 ,
                 a
                 Fine
                 and
                 Recovery
                 suffered
                 by
                 
                   Iasper
                   Hill
                
                 (
                 Richard
                 Hill's
                 Son
                 )
                 to
                 Machelin
                 and
                 
                   Iohn
                   Stepkins
                
                 ,
                 of
                 Twenty
                 Acres
                 of
                 Land
                 ,
                 and
                 a
                 Hundred
                 Acres
                 of
                 fresh
                 Marsh
                 in
                 
                   White-Chappel
                   ,
                   Stepney
                
                 ,
                 and
                 Wapping
                 ,
                 the
                 3d
                 of
                 Eliz.
                 which
                 had
                 been
                 needless
                 had
                 it
                 not
                 been
                 so
                 Entailed
                 ,
                 and
                 is
                 an
                 Argument
                 that
                 Stepkins
                 bought
                 nothing
                 of
                 Hill
                 till
                 that
                 time
                 :
                 And
                 yet
                 in
                 
                 Trinity-Term
                 1684.
                 in
                 a
                 Cause
                 'twixt
                 the
                 Dean
                 of
                 Saint
                 
                 Paul's
                 ,
                 London
                 ,
                 and
                 Lady
                 Ivy
                 ,
                 about
                 Shadwell
                 Lands
                 ,
                 a
                 Deed
                 was
                 then
                 given
                 in
                 Evidence
                 ,
                 Dated
                 16
                 Apr.
                 6
                 Edw.
                 6.
                 whereby
                 
                   Richard
                   Hill
                
                 sold
                 Twenty
                 four
                 Acres
                 ,
                 and
                 all
                 the
                 Lands
                 he
                 had
                 in
                 Stepney
                 and
                 Middlesex
                 ,
                 to
                 
                   Thomas
                   Stepkins
                
                 :
                 But
                 this
                 Deed
                 having
                 had
                 the
                 misfortune
                 to
                 be
                 markt
                 as
                 found
                 ,
                 and
                 Sworn
                 to
                 be
                 so
                 ,
                 with
                 a
                 long
                 Lease
                 of
                 a
                 Hundred
                 twenty
                 eight
                 years
                 ,
                 and
                 other
                 Deeds
                 ,
                 among
                 the
                 Writings
                 of
                 the
                 Churches
                 Lessee
                 ,
                 it
                 was
                 not
                 believed
                 then
                 ,
                 and
                 one
                 of
                 the
                 Witnesses
                 that
                 swore
                 to
                 the
                 so
                 finding
                 those
                 Deeds
                 ,
                 was
                 Perjur'd
                 upon
                 't
                 ,
                 and
                 stood
                 in
                 the
                 Pillory
                 for
                 it
                 ;
                 and
                 some
                 of
                 the
                 said
                 Deeds
                 were
                 then
                 left
                 in
                 Court
                 ;
                 by
                 Rule
                 of
                 which
                 ,
                 Dated
                 Iune
                 1687.
                 upon
                 an
                 Information
                 against
                 Lady
                 Ivy
                 for
                 it
                 ,
                 a
                 Trial
                 is
                 ordered
                 next
                 Term.
                 
              
               
                 Note
                 ,
                 Lady
                 
                 Ivy's
                 
                 Wapping-Estate
                 ,
                 came
                 intirely
                 into
                 her
                 power
                 to
                 sell
                 and
                 dispose
                 of
                 it
                 in
                 1655.
                 and
                 when
                 her
                 Ladiship
                 ,
                 in
                 1656.
                 sold
                 Land
                 in
                 Wapping
                 to
                 Mr.
                 Arlibear
                 ,
                 and
                 in
                 1658.
                 to
                 
                   Brian
                   Harrison
                
                 ,
                 Trustee
                 for
                 Mr.
                 Wood
                 ,
                 Copies
                 of
                 this
                 Deed
                 were
                 given
                 them
                 ;
                 by
                 which
                 it
                 appears
                 (
                 if
                 they
                 were
                 rightly
                 taken
                 )
                 that
                 Livery
                 and
                 Seisin
                 was
                 Endorsed
                 on
                 the
                 back
                 of
                 that
                 Deed
                 the
                 20th
                 of
                 Nov.
                 in
                 the
                 5th
                 and
                 6th
                 year
                 of
                 Philip
                 and
                 Mary
                 ,
                 and
                 't
                 is
                 notoriously
                 known
                 that
                 Queen
                 Mary
                 died
                 the
                 Seventeenth
                 of
                 that
                 Month
                 ,
                 and
                 
                 that
                 Queen
                 Elizabeth
                 was
                 proclaimed
                 the
                 same
                 day
                 .
              
               
                 This
                 is
                 not
                 denied
                 to
                 be
                 true
                 ,
                 and
                 is
                 a
                 great
                 Argument
                 against
                 the
                 Truth
                 of
                 the
                 foregoing
                 Deeds
                 ,
                 it
                 being
                 not
                 credible
                 that
                 this
                 Fine
                 was
                 levied
                 in
                 pursuance
                 of
                 either
                 of
                 those
                 Deeds
                 ,
                 it
                 being
                 done
                 so
                 long
                 after
                 ,
                 and
                 there
                 being
                 also
                 a
                 Deed
                 by
                 Lady
                 
                 Ivy's
                 own
                 shewing
                 ,
                 dated
                 the
                 12th
                 of
                 May
                 following
                 ,
                 4
                 Eliz.
                 to
                 convey
                 the
                 Lands
                 in
                 that
                 Fine
                 comprized
                 ;
                 but
                 that
                 Deed
                 not
                 naming
                 the
                 Lands
                 in
                 question
                 ,
                 was
                 neither
                 produced
                 in
                 
                 Easter-Term
                 1686.
                 nor
                 in
                 Easter
                 nor
                 
                 Trinity-Term
                 1687.
                 but
                 was
                 in
                 a
                 Trial
                 in
                 
                 Trinity-Term
                 1684.
                 but
                 't
                 was
                 in
                 another
                 cause
                 ,
                 and
                 the
                 contents
                 of
                 it
                 took
                 at
                 that
                 time
                 .
              
               
                 This
                 Extent
                 was
                 undoubtedly
                 made
                 ,
                 but
                 affects
                 not
                 at
                 all
                 the
                 Creditors
                 nor
                 
                 Iolliff's
                 Title
                 ,
                 for
                 the
                 Ten
                 Acres
                 of
                 Freehold
                 Land
                 that
                 was
                 
                 Nelthorp's
                 in
                 right
                 of
                 his
                 Wife
                 ,
                 sole
                 Heir
                 of
                 
                   Iohn
                   Starkey
                
                 ,
                 in
                 the
                 10
                 Eliz.
                 and
                 
                 Pruson's
                 Island
                 might
                 have
                 been
                 (
                 we
                 do
                 not
                 say
                 't
                 was
                 )
                 Richard
                 Hill's
                 since
                 the
                 32
                 Hen.
                 8.
                 and
                 yet
                 no
                 part
                 of
                 what
                 was
                 sold
                 to
                 Stepkins
                 the
                 3
                 Eliz.
                 and
                 for
                 the
                 Twelve
                 Acres
                 of
                 Copyhold
                 ,
                 't
                 is
                 plain
                 it
                 was
                 Richard
                 Hill's
                 ,
                 and
                 by
                 his
                 Son
                 Iasper
                 sold
                 to
                 
                   Iohn
                   Stepkins
                
                 ,
                 under
                 whom
                 the
                 Creditors
                 ,
                 by
                 uninterrupted
                 Surrenders
                 ,
                 all
                 along
                 down
                 on
                 Record
                 ,
                 do
                 make
                 out
                 their
                 Title
                 to
                 it
                 .
              
               
                 It
                 seems
                 to
                 be
                 very
                 much
                 ,
                 and
                 in
                 many
                 places
                 razed
                 ,
                 and
                 not
                 legible
                 ;
                 and
                 is
                 not
                 produced
                 by
                 the
                 hands
                 of
                 the
                 proper
                 Officer
                 .
              
               
                 That
                 
                   Iohn
                   Stepkins
                
                 ,
                 as
                 Surety
                 for
                 Patent
                 ,
                 being
                 in
                 Debt
                 to
                 the
                 Queen
                 ,
                 made
                 over
                 his
                 Estate
                 to
                 Trustees
                 for
                 her
                 use
                 ,
                 and
                 that
                 't
                 was
                 after
                 Extended
                 ,
                 and
                 not
                 released
                 till
                 7
                 Iac.
                 is
                 true
                 .
                 But
                 ,
                 Note
                 ,
                 in
                 the
                 Conveyance
                 to
                 the
                 Trustees
                 for
                 the
                 use
                 of
                 the
                 Queen
                 ,
                 there
                 is
                 but
                 a
                 very
                 few
                 Acres
                 mentioned
                 as
                 lying
                 in
                 
                 Wapping-Marsh
                 ;
                 and
                 in
                 the
                 Extent
                 and
                 Lease
                 to
                 
                   Alice
                   Stepkins
                
                 ,
                 by
                 the
                 Queen
                 ,
                 19
                 Eliz.
                 Fifty
                 Acres
                 in
                 
                 Wapping-Marsh
                 only
                 are
                 mentioned
                 ,
                 which
                 seems
                 to
                 make
                 out
                 that
                 Stepkins
                 had
                 no
                 more
                 there
                 at
                 that
                 time
                 ;
                 and
                 among
                 those
                 ,
                 none
                 of
                 the
                 Lands
                 now
                 in
                 question
                 are
                 any
                 way
                 named
                 or
                 described
                 :
                 For
                 ,
                 as
                 for
                 the
                 Four
                 Acres
                 of
                 Meadow
                 ,
                 with
                 a
                 Pond
                 and
                 Island
                 ,
                 in
                 the
                 possession
                 ,
                 at
                 that
                 time
                 ,
                 of
                 
                   Alice
                   Woodcock
                
                 ,
                 it
                 may
                 ,
                 with
                 much
                 more
                 of
                 reason
                 ,
                 be
                 taken
                 to
                 be
                 the
                 Four
                 Acres
                 of
                 Land
                 ,
                 with
                 the
                 place
                 where
                 there
                 was
                 then
                 both
                 a
                 Pond
                 and
                 Island
                 ,
                 lying
                 East
                 of
                 
                 Pruson's
                 Island
                 ;
                 whereof
                 Three
                 Acres
                 was
                 sold
                 to
                 
                   Brian
                   Harrison
                
                 ,
                 Trustee
                 for
                 
                   William
                   Wood
                
                 ,
                 1658.
                 and
                 the
                 rest
                 to
                 Mr.
                 Arlibear
                 in
                 1656.
                 both
                 by
                 Deeds
                 enrolled
                 by
                 Lady
                 Ivy
                 her self
                 .
                 Besides
                 ,
                 had
                 these
                 Lands
                 now
                 in
                 question
                 ,
                 been
                 then
                 so
                 convey'd
                 to
                 the
                 use
                 of
                 the
                 Queen
                 ,
                 and
                 extended
                 ,
                 and
                 so
                 remained
                 till
                 1609.
                 't
                 is
                 not
                 to
                 be
                 imagined
                 that
                 they
                 could
                 during
                 that
                 time
                 have
                 been
                 sold
                 ,
                 as
                 plain
                 't
                 is
                 they
                 were
                 on
                 Record
                 ,
                 by
                 Sleford
                 to
                 Tailford
                 ,
                 the
                 24
                 Eliz.
                 and
                 by
                 Cross
                 to
                 Bennet
                 ,
                 the
                 43
                 Eliz.
                 of
                 whom
                 
                   Richard
                   Glover
                
                 bought
                 ;
                 and
                 several
                 Surrenders
                 were
                 made
                 of
                 the
                 Copyhold
                 Land
                 in
                 that
                 time
                 ,
                 and
                 particularly
                 that
                 to
                 
                   Richard
                   Glover
                
                 (
                 under
                 whom
                 the
                 Creditors
                 claim
                 )
                 in
                 1603.
                 
                 As
                 were
                 also
                 the
                 Sales
                 by
                 
                   Peter
                   Osborne
                
                 to
                 Woodshaw
                 ,
                 25
                 Eliz.
                 1583.
                 and
                 by
                 
                   Iames
                   Woodshaw
                
                 to
                 
                   Richard
                   Glover
                
                 ,
                 3
                 Iac.
                 1604.
                 under
                 which
                 
                 Pruson's
                 Island
                 was
                 quietly
                 enjoyed
                 till
                 1679.
                 and
                 under
                 which
                 the
                 Heirs
                 of
                 Rebecca
                 now
                 Claim
                 .
              
            
             
               
               
                 To
                 Answer
                 the
                 Possession
                 ,
                 Lady
                 Ivy
                 says
                 ,
                 That
              
               
                 
                 14
                 Eliz.
                 1572.
                 
                 
                   John
                   Stepkins
                
                 Demised
                 Twelve
                 Acres
                 and
                 other
                 Lands
                 ,
                 of
                 which
                 these
                 were
                 part
                 ,
                 with
                 an
                 Island
                 and
                 Pond
                 ,
                 to
                 
                   Anthony
                   Walthall
                
                 and
                 
                   John
                   Woodcock
                
                 ,
                 for
                 62
                 years
                 :
                 And
                 that
              
               
                 
                 44
                 Eliz.
                 1602.
                 
                 Walthall
                 and
                 Woodcock
                 mortgaged
                 the
                 same
                 to
                 
                   Richard
                   Glover
                
                 .
              
               
                 
                 That
                 
                   Anthony
                   Walthall
                
                 and
                 
                   Thomas
                   Woodcock
                
                 ,
                 Son
                 of
                 John
                 ,
                 surrendred
                 and
                 released
                 to
                 
                   John
                   Stepkins
                
                 .
              
               
                 
                 That
                 
                   Richard
                   Glover
                
                 being
                 in
                 possession
                 ,
                 under
                 the
                 Lease
                 to
                 Walthall
                 and
                 Woodcock
                 ,
                 and
                 one
                 Pruson
                 claiming
                 some
                 Interest
                 under
                 Glover
                 ,
                 they
                 both
                 released
                 to
                 
                   John
                   Stepkins
                
                 .
              
               
                 
                 
                   John
                   Stepkins
                
                 demises
                 the
                 Premisses
                 in
                 question
                 ,
                 
                   inter
                   alia
                
                 ,
                 to
                 
                   Richard
                   Glover
                
                 for
                 Fifty
                 six
                 years
                 ,
                 at
                 a
                 red
                 Rose
                 for
                 the
                 first
                 Ten
                 years
                 ,
                 and
                 after
                 that
                 ,
                 at
                 20
                 l.
                 yearly
                 payable
                 to
                 Mr.
                 Stepkins
                 ,
                 his
                 Executors
                 ,
                 and
                 Assigns
                 ;
                 and
                 the
                 Rent
                 being
                 so
                 reserved
                 ,
                 and
                 not
                 to
                 his
                 Heirs
                 ,
                 the
                 Counsel
                 for
                 Lady
                 Ivy
                 ,
                 says
                 ,
                 It
                 was
                 not
                 payable
                 to
                 his
                 Heirs
                 ,
                 and
                 so
                 ceased
                 ,
                 but
                 that
                 120
                 l.
                 was
                 paid
                 for
                 the
                 first
                 six
                 years
                 ,
                 to
                 Lady
                 
                 Ivy's
                 Father
                 ,
                 as
                 did
                 appear
                 by
                 Whitfield
                 her
                 Fathers
                 Steward's
                 Book
                 of
                 Accounts
                 ,
                 which
                 had
                 been
                 produced
                 at
                 a
                 former
                 Trial
                 ,
                 and
                 allowed
                 as
                 Evidence
                 ,
                 but
                 was
                 since
                 burnt
                 in
                 the
                 Fire
                 at
                 Wapping
                 .
              
               
                 Sir
                 
                   John
                   Brampston
                
                 swore
                 he
                 believed
                 't
                 was
                 his
                 Fathers
                 Hand
                 that
                 was
                 set
                 as
                 a
                 Witness
                 to
                 it
                 ;
                 and
                 Serjeant
                 Brampston
                 in
                 his
                 Deposition
                 taken
                 1675.
                 to
                 perpetuate
                 his
                 Testimony
                 ,
                 swears
                 so
                 too
                 ;
                 and
                 that
                 about
                 six
                 or
                 seven
                 years
                 before
                 his
                 Examination
                 in
                 1675.
                 looking
                 among
                 Lady
                 
                 Ivy's
                 Writings
                 ,
                 left
                 with
                 him
                 by
                 his
                 brother
                 Sir
                 John
                 ,
                 who
                 was
                 Executor
                 to
                 his
                 Father
                 ,
                 he
                 did
                 find
                 a
                 Deed
                 with
                 the
                 Name
                 
                   Richard
                   Glover
                
                 set
                 thereto
                 as
                 a
                 Party
                 ,
                 but
                 did
                 not
                 then
                 read
                 the
                 same
                 ,
                 but
                 believes
                 the
                 Deed
                 on
                 which
                 he
                 
                 was
                 examined
                 (
                 being
                 the
                 said
                 Fifty
                 six
                 years
                 Lease
                 )
                 was
                 the
                 same
                 Deed
                 he
                 so
                 found
                 ,
                 and
                 on
                 the
                 Suit
                 with
                 Bateman
                 ,
                 did
                 deliver
                 many
                 Writings
                 and
                 Evidences
                 to
                 Lady
                 Ivy
                 ,
                 and
                 advised
                 her
                 to
                 read
                 them
                 over
                 ,
                 and
                 that
                 among
                 them
                 she
                 told
                 him
                 she
                 found
                 this
                 Fifty
                 six
                 years
                 Lease
                 ;
                 and
                 in
                 her
                 Answer
                 to
                 Sir
                 
                   Robert
                   Cotton's
                
                 Bill
                 ,
                 put
                 in
                 against
                 her
                 ,
                 1675.
                 she
                 also
                 swears
                 she
                 so
                 found
                 the
                 said
                 Lease
                 in
                 May
                 1675.
                 and
                 does
                 acknowledge
                 in
                 that
                 her
                 said
                 Answer
                 ,
                 that
                 she
                 did
                 not
                 know
                 of
                 the
                 said
                 Lease
                 ,
                 nor
                 of
                 the
                 Rent
                 thereon
                 received
                 .
              
               
                 And
                 yet
                 as
              
               
                 A
                 farther
                 proof
                 of
                 this
                 Lease
                 (
                 it
                 having
                 been
                 sometime
                 sworn
                 that
                 one
                 Duffett
                 said
                 ,
                 he
                 was
                 making
                 a
                 Writing
                 he
                 called
                 
                 Glover's
                 Lease
                 about
                 1671.
                 )
              
               
                 Lady
                 Ivy
                 ,
                 to
                 shew
                 't
                 was
                 known
                 in
                 1664.
                 and
                 if
                 so
                 ,
                 could
                 not
                 be
                 made
                 in
                 or
                 about
                 1671.
                 does
                 produce
                 .
              
               
                 A
                 Deed
                 wherein
                 the
                 said
                 Lease
                 is
                 recited
                 ,
                 being
                 a
                 Conveyance
                 (
                 executed
                 by
                 Sir
                 
                   Thomas
                   Ivy
                
                 and
                 his
                 Lady
                 ,
                 of
                 the
                 Inheritance
                 of
                 five
                 Acres
                 of
                 Land
                 on
                 which
                 Kingstreet
                 in
                 Wapping
                 is
                 built
                 ,
                 to
                 
                   Edward
                   Burtbee
                
                 and
                 
                   Edward
                   Temple
                
                 ,
                 in
                 Trust
                 to
                 secure
                 800
                 l.
                 to
                 Sir
                 
                   Thomas
                   Ivy
                
                 ,
                 by
                 100
                 l.
                 yearly
                 ,
                 till
                 Principal
                 and
                 Interest
                 paid
                 ,
                 with
                 a
                 Covenant
                 to
                 levy
                 a
                 Fine
                 .
                 And
                 to
                 prove
                 this
                 Deed
                 ,
                 she
                 produced
                 
                   Edward
                   Burtbee
                
                 himself
                 ,
                 who
                 swears
                 very
                 home
                 to
                 the
                 matter
                 ,
                 and
                 says
                 ,
                 he
                 was
                 Party
                 to
                 it
                 ,
                 but
                 the
                 Witnesses
                 are
                 all
                 dead
                 .
              
               
                 A
                 Fine
                 was
                 levied
                 to
                 Burtbee
                 and
                 Temple
                 ,
                 of
                 Five
                 Acres
                 of
                 Land
                 in
                 Stepney
                 and
                 Middlesex
                 .
              
               
                 And
                 that
                 under
                 the
                 Lease
                 to
                 Walthall
                 and
                 Woodcock
                 for
                 Sixty
                 two
                 years
                 ,
                 and
                 this
                 Lease
                 thus
                 taken
                 of
                 
                   John
                   Stepkins
                
                 by
                 
                   Richard
                   Glover
                
                 for
                 Fifty
                 six
                 years
                 .
              
               
                 All
                 the
                 Possession
                 of
                 such
                 as
                 have
                 claimed
                 all
                 along
                 under
                 him
                 ,
                 has
                 been
                 .
              
               
                 Several
                 Verdicts
                 ,
                 and
                 in
                 favour
                 of
                 the
                 foregoing
                 Title
                 ,
                 are
                 by
                 Lady
                 Ivy
                 produced
                 ;
                 and
                 as
                 a
                 very
                 great
                 Argument
                 of
                 the
                 truth
                 of
                 her
                 Deeds
                 ,
                 is
                 alledged
                 the
                 very
                 great
                 difficulty
                 of
                 making
                 so
                 many
                 ,
                 as
                 there
                 must
                 have
                 been
                 made
                 ,
                 if
                 any
                 there
                 be
                 in
                 her
                 Case
                 .
              
               
               
                 If
                 there
                 was
                 such
                 a
                 Lease
                 as
                 
                   per
                   contra
                
                 made
                 by
                 
                   Iohn
                   Stepkins
                
                 to
                 Walthall
                 and
                 Woodcock
                 for
                 sixty
                 two
                 years
                 ,
                 from
                 1572.
                 and
                 that
                 the
                 same
                 was
                 made
                 over
                 to
                 
                   Richard
                   Glover
                
                 in
                 1602.
                 
              
               
                 'T
                 is
                 very
                 strange
                 ,
                 that
                 the
                 said
                 
                   Richard
                   Glover
                
                 ,
                 if
                 he
                 had
                 no
                 other
                 Title
                 but
                 that
                 Lease
                 at
                 that
                 time
                 ,
                 should
                 presume
                 to
                 let
                 Leases
                 of
                 Lands
                 therein
                 comprized
                 ,
                 as
                 he
                 really
                 did
                 to
                 Pruson
                 and
                 Watts
                 ,
                 for
                 Terms
                 that
                 would
                 not
                 expire
                 till
                 long
                 after
                 that
                 Lease
                 ,
                 (
                 an
                 Enjoyment
                 went
                 with
                 them
                 )
                 and
                 much
                 stranger
                 it
                 is
                 that
                 they
                 should
                 accept
                 of
                 such
                 Leases
                 ,
                 and
                 consider
                 his
                 Title
                 no
                 better
                 ,
                 it
                 being
                 Building-ground
                 on
                 which
                 they
                 laid
                 out
                 their
                 Estates
                 .
                 Besides
                 ,
                 if
                 Walthall
                 and
                 Woodcock
                 mortgaged
                 the
                 same
                 to
                 
                   Richard
                   Glover
                
                 in
                 1602.
                 and
                 that
                 he
                 was
                 in
                 possession
                 of
                 it
                 under
                 that
                 Lease
                 in
                 1619.
                 as
                 the
                 Surrender
                 made
                 by
                 Pruson
                 and
                 him
                 of
                 it
                 ,
                 shews
                 he
                 was
                 till
                 that
                 time
                 ,
                 how
                 came
                 
                   Anthony
                   Walthall
                
                 and
                 
                   Thomas
                   Woodcock
                
                 to
                 have
                 it
                 to
                 surrender
                 or
                 release
                 to
                 
                   Iohn
                   Stepkins
                
                 ,
                 1
                 Nov.
                 1613.
                 which
                 Serjeant
                 
                   Francis
                   Brampston
                
                 swears
                 was
                 the
                 date
                 of
                 that
                 Release
                 ?
                 And
                 if
                 Walthall
                 and
                 Woodcock
                 had
                 it
                 to
                 surrender
                 ,
                 and
                 did
                 surrender
                 it
                 in
                 1613.
                 to
                 
                   Iohn
                   Stepkins
                
                 ,
                 how
                 came
                 Glover
                 and
                 Pruson
                 to
                 have
                 it
                 again
                 to
                 surrender
                 in
                 1619
                 ?
                 This
                 is
                 very
                 strange
                 ,
                 if
                 true
                 .
                 Note
                 ,
                 The
                 Release
                 dated
                 in
                 1613.
                 was
                 produced
                 when
                 the
                 following
                 Fifty
                 six
                 years
                 Lease
                 first
                 was
                 in
                 1675.
                 and
                 the
                 other
                 Release
                 not
                 till
                 some
                 years
                 after
                 ,
                 when
                 discovered
                 ,
                 it
                 was
                 that
                 
                   Richard
                   Glover
                
                 was
                 possest
                 of
                 that
                 Land
                 all
                 the
                 time
                 between
                 1613.
                 and
                 1620.
                 so
                 that
                 the
                 first
                 Release
                 was
                 not
                 late
                 enough
                 to
                 justifie
                 the
                 making
                 of
                 the
                 next
                 Lease
                 for
                 fifty
                 six
                 years
                 .
              
               
                 Against
                 the
                 probability
                 of
                 the
                 truth
                 of
                 this
                 Lease
                 ,
              
               
                 Note
                 ,
                 Likeness
                 of
                 Hands
                 ,
                 and
                 payment
                 of
                 Rent
                 ,
                 no
                 better
                 proved
                 than
                 
                   per
                   contra
                
                 ,
                 without
                 any
                 thing
                 else
                 ,
                 is
                 but
                 a
                 slender
                 Testimony
                 to
                 support
                 a
                 suspected
                 Deed
                 ,
                 which
                 this
                 may
                 deserve
                 to
                 be
                 ;
                 for
                 the
                 following
                 Reasons
                 .
              
               
                 'T
                 is
                 not
                 pretended
                 't
                 was
                 known
                 to
                 Lady
                 Ivy
                 ,
                 till
                 found
                 by
                 her
                 ,
                 when
                 wanted
                 in
                 1675.
                 and
                 if
                 it
                 had
                 been
                 known
                 ,
              
               
                 What
                 is
                 said
                 as
                 an
                 excuse
                 why
                 the
                 Rent
                 was
                 not
                 paid
                 ,
                 (
                 being
                 reserved
                 to
                 the
                 Lessor
                 ,
                 his
                 Executors
                 ,
                 and
                 not
                 Heirs
                 )
                 is
                 of
                 no
                 weight
                 ;
                 for
                 it
                 might
                 have
                 been
                 helpt
                 in
                 Chancery
                 .
                 Besides
                 ,
                 had
                 that
                 been
                 the
                 reason
                 why
                 the
                 Rent
                 was
                 not
                 asked
                 nor
                 paid
                 :
                 Note
                 ,
              
               
                 
                   Richard
                   Glover
                
                 (
                 who
                 Lady
                 Ivy
                 goes
                 about
                 to
                 prove
                 paid
                 the
                 first
                 six
                 years
                 Rent
                 )
                 would
                 never
                 have
                 paid
                 any
                 to
                 her
                 Father
                 
                   Iohn
                   Stepkins
                
                 ,
                 he
                 being
                 the
                 Son
                 of
                 that
                 
                   Iohn
                   Stepkins
                
                 ,
                 who
                 is
                 supposed
                 to
                 have
                 let
                 this
                 Lease
                 in
                 1620.
                 and
                 died
                 in
                 1624.
                 so
                 that
                 way
                 no
                 Rent
                 had
                 been
                 due
                 at
                 all
                 .
              
               
                 
                   Richard
                   Glover
                
                 in
                 1616.
                 died
                 ,
                 and
                 by
                 his
                 Will
                 gave
                 several
                 of
                 his
                 Children
                 500
                 l.
                 apiece
                 ,
                 and
                 particularly
                 Mary
                 ;
                 and
                 if
                 the
                 Money
                 was
                 not
                 paid
                 accordingly
                 by
                 
                   Richard
                   Glover
                
                 his
                 Son
                 ,
                 who
                 is
                 supposed
                 to
                 have
                 taken
                 this
                 Lease
                 ,
                 he
                 devises
                 his
                 Wapping
                 
                 Lands
                 over
                 to
                 his
                 said
                 Children
                 ,
                 and
                 
                 Mary's
                 Portion
                 being
                 not
                 paid
                 ,
                 
                   George
                   Almony
                
                 ,
                 her
                 Husband
                 ,
                 enters
                 ;
                 and
                 on
                 payment
                 of
                 the
                 said
                 500
                 l.
                 in
                 1624.
                 resettles
                 (
                 by
                 Fine
                 and
                 Deed
                 particularly
                 naming
                 these
                 Lands
                 )
                 the
                 same
                 on
                 
                   Richard
                   Glover
                
                 again
                 ;
                 whose
                 thus
                 accepting
                 a
                 Fine
                 ,
                 had
                 been
                 a
                 forfeiting
                 the
                 Lease
                 ,
                 had
                 he
                 held
                 it
                 by
                 one
                 at
                 that
                 time
                 .
              
               
                 Lady
                 
                 Ivy's
                 Father's
                 and
                 Grandfather's
                 Wills
                 ,
                 enumerating
                 all
                 their
                 Lands
                 to
                 very
                 small
                 parcels
                 ,
                 take
                 no
                 notice
                 at
                 all
                 of
                 this
                 Lease
                 ,
                 nor
                 of
                 any
                 Land
                 in
                 it
                 comprized
                 ,
                 but
                 only
                 as
                 a
                 Boundary
                 to
                 their
                 own
                 .
              
               
                 Note
                 ,
                 There
                 was
                 a
                 Lease
                 lett
                 by
                 
                   Richard
                   Glover
                
                 to
                 
                   Aaron
                   Williams
                
                 of
                 the
                 Five
                 Acres
                 ,
                 being
                 part
                 of
                 the
                 Twelve
                 Acres
                 of
                 Copyhold
                 Land
                 ,
                 on
                 which
                 Kingstreet
                 in
                 Wapping
                 is
                 built
                 ,
                 for
                 Fifty
                 years
                 (
                 with
                 License
                 from
                 the
                 Lord
                 of
                 the
                 Mannor
                 to
                 lett
                 for
                 so
                 long
                 )
                 from
                 1630.
                 at
                 20
                 l.
                 yearly
                 Rent
                 ;
                 't
                 was
                 a
                 building
                 Lease
                 ,
                 and
                 such
                 part
                 of
                 it
                 as
                 
                   Aaron
                   Williams
                
                 built
                 not
                 himself
                 ,
                 he
                 disposed
                 of
                 to
                 others
                 .
                 And
                 as
                 't
                 is
                 something
                 hard
                 to
                 imagine
                 that
                 
                   Richard
                   Glover
                
                 (
                 who
                 was
                 a
                 man
                 of
                 repute
                 )
                 if
                 he
                 had
                 but
                 forty
                 six
                 years
                 in
                 it
                 in
                 1630.
                 should
                 lett
                 it
                 for
                 Fifty
                 years
                 ,
                 so
                 't
                 is
                 very
                 much
                 harder
                 to
                 believe
                 that
                 
                   Aaron
                   Williams
                
                 ,
                 (
                 who
                 was
                 a
                 great
                 Builder
                 in
                 several
                 places
                 )
                 and
                 those
                 under
                 him
                 ,
                 should
                 accept
                 of
                 a
                 Lease
                 (
                 and
                 build
                 on
                 it
                 )
                 for
                 a
                 longer
                 term
                 than
                 
                   Richard
                   Glover
                
                 could
                 have
                 lett
                 ,
                 had
                 he
                 held
                 it
                 by
                 this
                 now
                 produced
                 Lease
                 for
                 Fifty
                 six
                 years
                 from
                 1620.
                 which
                 if
                 true
                 ,
                 could
                 not
                 have
                 been
                 but
                 publickly
                 known
                 at
                 that
                 time
                 ;
                 which
                 very
                 Lease
                 so
                 lett
                 to
                 
                   Aaron
                   Williams
                
                 ,
                 as
                 aforesaid
                 ,
                 Lady
                 Ivy
                 purchased
                 in
                 1659.
                 and
                 gave
                 about
                 2000
                 l.
                 for
                 it
                 ,
                 and
                 so
                 got
                 the
                 possession
                 of
                 it
                 ,
                 as
                 she
                 in
                 her
                 own
                 Answer
                 to
                 Sir
                 Robert
                 Cotton's
                 Bill
                 in
                 1676.
                 does
                 confess
                 ,
                 and
                 is
                 a
                 great
                 Argument
                 she
                 believed
                 it
                 a
                 good
                 Lease
                 ;
                 and
                 that
                 20
                 l.
                 yearly
                 Rent
                 was
                 paid
                 to
                 Bateman
                 for
                 it
                 ,
                 is
                 plain
                 ,
                 if
                 the
                 Answer
                 of
                 one
                 
                   Michael
                   Oldsworth
                
                 (
                 of
                 whom
                 Lady
                 Ivy
                 purchased
                 the
                 said
                 Lease
                 )
                 to
                 a
                 Bill
                 put
                 in
                 against
                 him
                 by
                 the
                 Relations
                 of
                 one
                 
                   William
                   Thomas
                
                 (
                 to
                 whom
                 Oldsworth
                 was
                 Executor
                 ,
                 and
                 so
                 came
                 possest
                 of
                 this
                 Lease
                 )
                 for
                 an
                 Account
                 of
                 the
                 Estate
                 of
                 the
                 said
                 
                   William
                   Thomas
                
                 ,
                 may
                 be
                 believed
                 ,
                 as
                 it
                 must
                 in
                 other
                 cases
                 ,
                 (
                 though
                 no
                 Evidence
                 in
                 this
                 ,
                 because
                 it
                 being
                 in
                 another
                 Cause
                 ,
                 may
                 not
                 in
                 this
                 be
                 read
                 )
                 That
                 in
                 the
                 Account
                 says
                 thus
                 ;
                 Paid
                 Sir
                 
                   Anthony
                   Bateman
                
                 Arrears
                 of
                 Rent
                 at
                 Wapping
                 ,
                 20
                 
                   l.
                   per
                   ann
                
                 .
                 150
                 l.
                 
              
               
                 And
                 the
                 said
                 Lady
                 Ivy
                 being
                 so
                 in
                 possession
                 of
                 the
                 Five
                 Acres
                 ,
                 on
                 which
                 Kingstreet
                 is
                 built
                 ,
                 by
                 having
                 got
                 
                   Aaron
                   Williams
                
                 his
                 Lease
                 into
                 her
                 own
                 hands
                 ,
                 brought
                 an
                 Ejectment
                 about
                 1675.
                 against
                 the
                 Creditors
                 of
                 Sir
                 
                   Anthony
                   Bateman
                
                 ,
                 who
                 then
                 were
                 possest
                 of
                 the
                 other
                 Seventeen
                 Acres
                 ,
                 and
                 they
                 claiming
                 under
                 a
                 Bankrupt
                 ,
                 who
                 refused
                 to
                 assist
                 them
                 ,
                 and
                 knowing
                 not
                 how
                 to
                 defend
                 their
                 Title
                 ,
                 and
                 Lady
                 Ivy
                 having
                 the
                 good
                 Fortune
                 to
                 make
                 those
                 Deeds
                 against
                 which
                 so
                 much
                 is
                 said
                 in
                 this
                 Paper
                 ,
                 and
                 especially
                 the
                 Fifty
                 six
                 years
                 Lease
                 from
                 1620.
                 to
                 be
                 believed
                 as
                 true
                 Deeds
                 ,
                 she
                 got
                 a
                 Verdict
                 and
                 Judgment
                 then
                 for
                 the
                 said
                 Seventeen
                 Acres
                 about
                 1676.
                 and
                 held
                 the
                 same
                 till
                 a
                 Verdict
                 was
                 given
                 against
                 her
                 in
                 
                 Easter-Term
                 1686.
                 for
                 the
                 whole
                 Twenty
                 two
                 Acres
                 ,
                 upon
                 the
                 now
                 Creditors
                 Title
                 ,
                 such
                 Evidence
                 being
                 then
                 given
                 ,
                 as
                 made
                 this
                 Fifty
                 six
                 years
                 Lease
                 ,
                 and
                 other
                 Deeds
                 ,
                 not
                 believed
                 .
              
               
                 The
                 Deed
                 dated
                 February
                 1664.
                 setling
                 the
                 Inheritance
                 of
                 the
                 Five
                 Acres
                 of
                 Land
                 ,
                 on
                 which
                 Kingstreet
                 in
                 Wapping
                 is
                 built
                 ,
                 on
                 one
                 
                   Edward
                   Burtbee
                
                 and
                 
                   Edward
                   Temple
                
                 ,
                 for
                 the
                 securing
                 800
                 l.
                 by
                 100
                 l.
                 yearly
                 to
                 Sir
                 
                   Thomas
                   Ivy
                
                 ,
                 in
                 which
                 the
                 56
                 years
                 Lease
                 is
                 recited
                 ,
                 
                 seems
                 to
                 have
                 been
                 made
                 for
                 the
                 sake
                 of
                 that
                 very
                 Recital
                 ,
                 and
                 cannot
                 in
                 reason
                 be
                 true
                 ;
                 for
                 ,
                 Note
                 ,
                 Lady
                 Ivy
                 having
                 purchased
                 
                   Aaron
                   Williams
                
                 his
                 Lease
                 ,
                 as
                 aforesaid
                 ,
                 and
                 that
                 being
                 in
                 December
                 1664.
                 mortgaged
                 to
                 
                   Ioseph
                   Sabberton
                
                 and
                 
                   Edward
                   Simonds
                
                 for
                 800
                 l.
                 and
                 Sir
                 
                   Thomas
                   Ivy
                
                 then
                 offering
                 to
                 lay
                 down
                 that
                 Money
                 ,
                 so
                 he
                 might
                 have
                 it
                 secured
                 him
                 out
                 of
                 the
                 said
                 Lease
                 ,
                 the
                 same
                 Lease
                 was
                 made
                 over
                 26
                 Decemb.
                 1664.
                 to
                 Richard
                 and
                 
                   Iohn
                   Estcourt
                
                 ,
                 and
                 
                   Thomas
                   Nevil
                
                 ,
                 who
                 the
                 25th
                 of
                 February
                 following
                 ,
                 assigned
                 the
                 same
                 to
                 Sir
                 
                   Rob.
                   Killigrew
                
                 ,
                 Sir
                 
                   William
                   Salkeild
                
                 ,
                 and
                 
                   Benjamin
                   Thornburgh
                
                 ,
                 now
                 Trustees
                 for
                 that
                 purpose
                 :
                 But
                 Sir
                 Thomas
                 not
                 receiving
                 the
                 Rents
                 ,
                 and
                 his
                 800
                 l.
                 remaining
                 unpaid
                 ,
                 and
                 he
                 differing
                 with
                 his
                 Lady
                 in
                 1671.
                 put
                 in
                 a
                 Bill
                 against
                 her
                 and
                 Serjeant
                 Brampston
                 ,
                 about
                 this
                 very
                 business
                 ,
                 charging
                 the
                 Serjeant
                 with
                 Confederacy
                 with
                 his
                 Wife
                 ;
                 and
                 setting
                 out
                 the
                 whole
                 matter
                 of
                 the
                 Security
                 made
                 him
                 of
                 that
                 Lease
                 ,
                 complaining
                 of
                 the
                 ill
                 usage
                 he
                 had
                 had
                 ,
                 and
                 desires
                 relief
                 ,
                 and
                 yet
                 says
                 not
                 one
                 word
                 of
                 the
                 Inheritance
                 now
                 pretended
                 to
                 be
                 made
                 over
                 to
                 Burtbee
                 and
                 Temple
                 for
                 him
                 ,
                 and
                 to
                 which
                 Deed
                 he
                 himself
                 ,
                 't
                 is
                 pretended
                 ,
                 was
                 Party
                 .
                 And
                 Lady
                 Ivy
                 in
                 her
                 Answer
                 to
                 the
                 said
                 Bill
                 ,
                 takes
                 only
                 notice
                 of
                 the
                 Lease
                 by
                 her
                 purchased
                 ,
                 and
                 so
                 mortgaged
                 to
                 Sabberton
                 and
                 Simonds
                 ,
                 as
                 aforesaid
                 ,
                 and
                 not
                 one
                 word
                 of
                 this
                 Inheritance-Deed
                 :
                 Nor
                 does
                 a
                 Bill
                 exhibited
                 against
                 Sir
                 
                   Thomas
                   Ivy
                
                 in
                 Feb.
                 1669.
                 by
                 Sir
                 
                   Robert
                   Killigrew
                
                 ,
                 Sir
                 
                   William
                   Salkield
                
                 ,
                 and
                 
                   Benjamin
                   Thornburgh
                
                 ,
                 the
                 Trustees
                 by
                 Lady
                 
                 Ivy's
                 direction
                 ,
                 setting
                 out
                 also
                 this
                 Security
                 thus
                 made
                 of
                 the
                 Lease
                 (
                 therein
                 named
                 to
                 be
                 made
                 by
                 
                   Richard
                   Glover
                
                 to
                 
                   Aaron
                   Williams
                
                 for
                 Fifty
                 years
                 from
                 1630.
                 )
                 for
                 800
                 l.
                 by
                 100
                 l.
                 yearly
                 to
                 Sir
                 
                   Thomas
                   Ivy
                
                 ,
                 nor
                 Sir
                 Thomas
                 Ivy's
                 Answer
                 to
                 it
                 ,
                 (
                 confessing
                 the
                 Security
                 was
                 so
                 made
                 to
                 him
                 of
                 the
                 Lease
                 )
                 say
                 any
                 thing
                 at
                 all
                 of
                 this
                 Inheritance-Deed
                 ,
                 nor
                 take
                 any
                 notice
                 of
                 
                   Edward
                   Burtbee
                
                 ,
                 but
                 as
                 one
                 only
                 who
                 being
                 authorized
                 by
                 the
                 last
                 named
                 Trustees
                 ,
                 and
                 Lady
                 Ivy
                 ,
                 to
                 receive
                 the
                 Rents
                 ,
                 did
                 employ
                 one
                 
                   Edward
                   Temple
                
                 ,
                 for
                 some
                 time
                 ,
                 for
                 that
                 purpose
                 ,
                 and
                 that
                 afterwards
                 one
                 Perrot
                 was
                 by
                 Lady
                 Ivy
                 authorized
                 and
                 employed
                 to
                 receive
                 those
                 Rents
                 .
                 So
                 that
                 't
                 is
                 sence
                 to
                 believe
                 that
                 
                   Edward
                   Burtbee
                
                 and
                 
                   Edward
                   Temple
                
                 were
                 no
                 otherwise
                 (
                 with
                 the
                 knowledge
                 of
                 Sir
                 
                   Thomas
                   Ivy
                
                 )
                 concern'd
                 in
                 this
                 matter
                 ,
                 but
                 as
                 Rent-gatherers
                 only
                 in
                 manner
                 aforesaid
                 :
                 and
                 nonsence
                 it
                 is
                 to
                 imagine
                 there
                 could
                 be
                 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
                 sort
                 of
                 Pretence
                 :
                 And
                 that
              
               
                 The
                 Title
                 whereby
                 Lady
                 Ivy
                 Claims
                 in
                 particular
                 any
                 of
                 the
                 aforesaid
                 Lands
                 ,
                 and
                 whereby
                 she
                 both
                 Got
                 and
                 does
                 Hold
                 the
                 same
                 ,
                 is
                 by
                 Deeds
                 ,
                 not
                 only
                 not
                 on
                 Record
                 ,
                 but
                 most
                 of
                 them
                 such
                 ,
                 as
                 first
                 have
                 been
                 Lost
                 ,
                 and
                 then
                 Found
                 ,
                 and
                 that
                 are
                 liable
                 to
                 more
                 Exceptions
                 by
                 many
                 ,
                 then
                 are
                 herein
                 before
                 exprest
                 ,
                 which
                 will
                 be
                 made
                 use
                 of
                 against
                 them
                 when
                 occasion
                 shall
                 serve
                 .
              
               
                 FINIS
                 .
              
               
            
          
        
      
       
         
           
             
             
               Alimony
               Arraignd
               ,
               OR
               THE
               REMONSTRANCE
               AND
               HUMBLE
               APPEAL
               OF
               Thomas
               Ivie
               ,
               
                 Esq
              
               From
               the
               High
               Court
               of
               CHANCERY
               ,
               TO
               His
               Highness
               the
               LORD
               PROTECTOR
               of
               the
               Commonwealth
               of
               
                 England
                 ,
                 Scotland
              
               ,
               and
               Ireland
               ,
               &c.
               
               WHEREIN
               Are
               set
               forth
               the
               unheard-of
               Practices
               and
               Villanies
               of
               Lewd
               and
               Defamed
               Women
               ,
               in
               Order
               to
               separate
               Man
               and
               Wife
               .
            
             
               LONDON
               ,
               Reprinted
               in
               the
               Year
               ,
               1696.
               
            
          
        
         
           
             
             
             
               The
               Humble
               Appeal
               and
               Remonstrance
               of
               
                 THOMAS
                 IVIE
              
               ,
               
                 Esq
              
               To
               His
               Highness
               the
               
                 Lord
                 Protector
              
               ,
               &c.
               
            
             
               HAD
               it
               not
               pleased
               the
               Lord
               to
               bear
               up
               my
               Fainting
               Spirit
               ,
               with
               more
               than
               an
               ordinary
               Confidence
               that
               the
               Deliverance
               of
               his
               People
               was
               nigh
               at
               hand
               ,
               and
               that
               he
               would
               put
               a
               stop
               to
               the
               Violent
               Passions
               of
               Oppressing
               Men
               ,
               I
               had
               undoubtedly
               sunk
               under
               those
               abominable
               Scandals
               and
               Aspersions
               ,
               which
               have
               been
               cast
               ,
               like
               Dirt
               about
               the
               Streets
               ,
               upon
               me
               ,
               by
               my
               Wife
               and
               her
               Abettors
               .
            
             
               But
               certainly
               the
               Day
               of
               our
               Deliverance
               is
               already
               dawn'd
               ;
               and
               we
               are
               in
               some
               measure
               assur'd
               ,
               that
               Iustice
               and
               Righteousness
               is
               already
               broke
               forth
               ,
               and
               that
               the
               Abominations
               of
               the
               Wicked
               shall
               be
               no
               more
               clothed
               with
               Authority
               ;
               but
               whatsoever
               is
               a
               Lie
               shall
               be
               made
               manifest
               ,
               and
               confounded
               .
            
             
               As
               our
               Eyes
               are
               therefore
               on
               the
               Lord
               ,
               as
               the
               supreme
               Fountain
               of
               all
               Goodness
               ,
               so
               we
               trust
               that
               the
               Declaration
               of
               his
               Will
               shall
               be
               made
               out
               by
               Your
               Highness
               ,
               being
               chosen
               by
               Himself
               in
               an
               extraordinary
               manner
               ,
               and
               by
               a
               wonderful
               Series
               of
               Providences
               ,
               to
               this
               very
               end
               ,
               to
               execute
               Righteousness
               and
               Judgment
               for
               his
               People
               that
               are
               oppressed
               amongst
               us
               :
               And
               that
               your
               Highness
               will
               put
               on
               Bowels
               of
               Compassion
               for
               the
               Afflictions
               of
               Men
               in
               Misery
               ,
               who
               pour
               out
               their
               Complaints
               and
               Grievances
               before
               you
               .
            
             
               With
               this
               Confidence
               I
               appeal
               from
               the
               Chancery
               unto
               your
               Highness
               (
               being
               unable
               to
               endure
               any
               longer
               ,
               either
               the
               Expences
               or
               Delays
               of
               that
               Court
               ;
               or
               indeed
               the
               Justice
               which
               is
               there
               distributed
               .
               )
               For
               besides
               the
               hazarding
               of
               that
               which
               is
               better
               than
               a
               precious
               Ointment
               ,
               much
               of
               my
               Estate
               hath
               been
               consumed
               ,
               and
               great
               Debts
               contracted
               ,
               by
               reason
               of
               my
               attendance
               upon
               these
               unnatural
               Differences
               ,
               (
               which
               have
               been
               fomented
               between
               my self
               and
               my
               seduced
               Wife
               )
               much
               of
               it
               torn
               away
               by
               Violence
               under
               a
               Pretence
               of
               Alimony
               for
               her
               ,
               to
               whom
               I
               never
               denied
               or
               refused
               any
               thing
               whatsoever
               .
            
             
               And
               that
               which
               remaineth
               is
               daily
               so
               molested
               with
               Creditors
               ,
               that
               I
               now
               may
               most
               truly
               take
               upon
               me
               the
               Expression
               of
               
                 Iob
                 ,
                 I
                 once
                 had
                 Riches
                 ,
                 but
                 now
                 have
                 none
                 :
              
               And
               unless
               it
               will
               please
               your
               Highness
               to
               afford
               a
               speedy
               Redress
               ,
               I
               shall
               hardly
               enjoy
               long
               my
               Liberty
               also
               .
            
             
               I
               will
               not
               say
               any
               thing
               of
               those
               sad
               and
               dismal
               Thoughts
               which
               have
               been
               continually
               in
               my
               Mind
               ,
               those
               hideous
               Temptations
               ,
               which
               have
               been
               hourly
               grating
               and
               gnawing
               my
               very
               Soul.
               
            
             
               During
               this
               sad
               Condition
               ,
               't
               is
               the
               Voice
               of
               the
               Lord
               only
               can
               speak
               Peace
               unto
               my
               Spirit
               ,
               (
               whose
               Name
               be
               blessed
               for
               those
               sweet
               and
               refreshing
               Experiences
               ,
               with
               which
               he
               hath
               supported
               me
               in
               this
               fiery
               Trial
               )
               but
               I
               shall
               open
               unto
               your
               Highness
               ,
               as
               unto
               a
               good
               Samaritan
               ,
               the
               Wounds
               of
               my
               Body
               and
               Fortune
               ;
               (
               and
               briefly
               present
               a
               Narrative
               of
               the
               whole
               Matter
               concerning
               my self
               ,
               and
               Wife
               ,
               and
               how
               it
               hath
               been
               transacted
               in
               the
               Chancery
               )
               That
               so
               I
               may
               with
               the
               more
               Confidence
               expect
               a
               Cure
               proportionable
               to
               my
               Disease
               ;
               and
               that
               your
               Highness's
               Judgment
               may
               be
               as
               well
               grounded
               upon
               Knowledge
               ,
               as
               my
               Suffering
               upon
               Experience
               .
            
             
               Having
               faithfully
               discharged
               the
               Trust
               that
               was
               reposed
               in
               me
               by
               the
               honourable
               
                 East-India
                 Company
              
               (
               as
               their
               chief
               Agent
               at
               Madrassopotan
               ,
               where
               I
               had
               not
               only
               the
               Command
               of
               the
               Persons
               of
               Thousands
               of
               People
               ,
               but
               also
               the
               Fort
               of
               St.
               George
               ,
               and
               Town
               of
               Madrassopotan
               ;
               )
               And
               having
               made
               a
               thorough
               Reformation
               of
               the
               grand
               Abuses
               which
               had
               crept
               into
               those
               parts
               ,
               to
               the
               great
               Injury
               of
               the
               Trade
               ;
               and
               erected
               them
               a
               Town
               by
               my
               own
               Pains
               and
               Industry
               ,
               even
               out
               of
               the
               Sea
               it self
               ,
               for
               the
               better
               Advantage
               and
               Security
               of
               it
               ,
               I
               resolved
               with
               my self
               ,
               (
               though
               I
               was
               often
               perswaded
               by
               the
               said
               Company
               to
               continue
               longer
               my
               Charge
               )
               to
               return
               into
               my
               Country
               ,
               where
               I
               had
               left
               the
               near
               Relation
               of
               a
               Wife
               behind
               me
               :
               And
               by
               how
               much
               the
               more
               that
               Reciprocal
               Happiness
               (
               which
               we
               enjoyed
               together
               )
               did
               revive
               ,
               the
               more
               enflam'd
               were
               my
               Desires
               for
               a
               Return
               .
            
             
               But
               I
               had
               no
               sooner
               arrived
               in
               England
               ,
               but
               the
               first
               News
               almost
               that
               was
               brought
               me
               ,
               was
               the
               Death
               of
               my
               Wife
               ,
               in
               her
               very
               Journey
               to
               meet
               me
               .
            
             
               This
               was
               the
               first
               Tryal
               which
               the
               Lord
               laid
               upon
               me
               :
               But
               as
               he
               corrected
               ,
               so
               he
               gave
               me
               Patience
               and
               Submission
               to
               his
               Will
               in
               it
               ;
               neither
               were
               Friends
               wanting
               to
               endeavour
               a
               Belief
               in
               me
               ,
               that
               as
               the
               Lord
               had
               taken
               one
               Wife
               from
               my
               Bosom
               ,
               so
               he
               could
               bestow
               another
               .
            
             
               After
               many
               several
               Days
               and
               Months
               thus
               spent
               in
               Melancholy
               ,
               and
               willing
               to
               inure
               my self
               to
               the
               Condition
               I
               enjoyed
               when
               I
               left
               England
               ,
               I
               was
               perswaded
               to
               address
               my self
               to
               one
               Mrs.
               Garret
               ,
               a
               Widow
               ,
               and
               Daughter
               of
               Mr.
               Stepkins
               ,
               who
               was
               represented
               unto
               me
               to
               be
               as
               beautiful
               in
               Mind
               as
               in
               Person
               ;
               And
               though
               her
               Husband
               had
               left
               her
               nothing
               ,
               yet
               was
               I
               not
               deterr'd
               by
               this
               to
               forbear
               my
               Sute
               ,
               supposing
               what
               was
               wanting
               in
               Fortune
               ,
               would
               be
               made
               up
               in
               Affection
               and
               Sweetness
               towards
               me
               .
            
             
             
               Hereupon
               ,
               in
               short
               ,
               about
               October
               1649.
               a
               Marriage
               was
               had
               and
               concluded
               between
               us
               ;
               and
               ,
               that
               I
               might
               give
               the
               best
               demonstration
               what
               a
               high
               value
               I
               put
               upon
               her
               ,
               I
               setled
               for
               her
               Joynture
               1000
               
                 l.
                 per
                 ann
              
               .
               and
               Covenanted
               with
               her
               Trustees
               to
               leave
               her
               at
               the
               time
               of
               my
               Death
               1000
               l.
               also
               in
               ready
               money
               .
            
             
               Her
               Father
               (
               now
               taking
               notice
               of
               this
               cordial
               and
               affectionate
               dealing
               of
               mine
               with
               his
               Daughter
               )
               made
               in
               short
               this
               Proposition
               unto
               me
               ,
               That
               if
               I
               would
               give
               him
               the
               said
               Stepkins
               1000
               l.
               more
               ,
               and
               deliver
               forthwith
               unto
               his
               said
               Daughter
               ,
               as
               many
               Jewels
               as
               might
               be
               worth
               at
               least
               1200
               l.
               that
               then
               he
               would
               settle
               his
               Estate
               at
               Wapping
               (
               being
               240
               
                 l.
                 per
                 Ann.
              
               )
               upon
               me
               for
               my
               life
               ,
               and
               after
               my
               decease
               to
               my
               Wife
               ;
               And
               in
               case
               we
               had
               Issue
               ,
               then
               to
               them
               ;
               and
               in
               case
               we
               had
               no
               issue
               ,
               then
               to
               the
               Heirs
               general
               of
               the
               said
               Stepkins
               ,
               or
               such
               as
               he
               the
               said
               Stepkins
               should
               limit
               and
               appoint
               .
            
             
               To
               which
               I
               returned
               as
               short
               an
               answer
               ,
               and
               told
               him
               ,
               I
               would
               immediately
               perform
               his
               demand
               .
               Whereupon
               I
               did
               deposite
               1000
               l.
               in
               money
               ,
               and
               1200
               l.
               in
               Jewels
               ,
               and
               all
               the
               aforesaid
               agreements
               and
               settlements
               were
               Indented
               in
               Parchment
               ,
               and
               legally
               executed
               accordingly
               (
               as
               may
               appear
               from
               the
               Deeds
               themselves
               ,
               proved
               by
               two
               Testimonies
               in
               Chancery
               ,
               to
               which
               I
               refer
               my self
               .
               )
            
             
               I
               make
               no
               mention
               what
               Presents
               ,
               nor
               of
               what
               value
               they
               were
               ,
               (
               though
               considerable
               )
               I
               sent
               her
               before
               Marriage
               ,
               (
               because
               they
               were
               purely
               Gifts
               )
               but
               the
               other
               upon
               the
               most
               real
               and
               highest
               consideration
               of
               Marriage
               .
            
             
               I
               suppose
               it
               's
               already
               evident
               ,
               that
               had
               I
               now
               found
               the
               affection
               which
               I
               promised
               my self
               ,
               it
               might
               be
               very
               well
               said
               to
               be
               rather
               purchased
               than
               gained
               ;
               for
               although
               there
               was
               240
               
                 l.
                 per
                 Ann.
              
               setled
               upon
               the
               Considerations
               aforesaid
               ,
               yet
               was
               it
               a
               dear
               bargain
               unto
               me
               ,
               only
               for
               my
               Life
               ,
               to
               lay
               down
               for
               it
               2200
               l.
               Neither
               was
               I
               to
               enjoy
               this
               until
               the
               said
               Stepkins
               should
               decease
               ;
               which
               (
               if
               the
               contingency
               of
               his
               Death
               ,
               and
               the
               Interest
               of
               the
               Money
               had
               been
               considered
               )
               't
               was
               more
               than
               ten
               years
               purchase
               for
               one
               life
               .
            
             
               Nevertheless
               ,
               had
               there
               been
               a
               Return
               but
               of
               common
               Gratitude
               ,
               (
               much
               less
               of
               a
               conjugal
               Affection
               )
               I
               should
               scarcely
               have
               entertained
               a
               Thought
               of
               Penitency
               for
               so
               large
               a
               Joynture
               ,
               which
               I
               had
               setled
               .
            
             
               But
               certainly
               the
               Anger
               of
               the
               Lord
               began
               now
               to
               be
               kindled
               against
               us
               ,
               and
               whether
               't
               was
               for
               her
               sins
               as
               well
               as
               mine
               own
               ,
               and
               particularly
               for
               being
               instrumental
               to
               the
               Disheriting
               of
               the
               eldest
               Son
               and
               Heir
               of
               the
               said
               Stepkins
               (
               who
               never
               had
               demerited
               it
               in
               the
               least
               measure
               from
               the
               Father
               )
               I
               know
               not
               ,
               the
               Lord
               discover
               it
               unto
               us
               both
               in
               his
               due
               time
               :
               But
               certain
               it
               is
               ,
               that
               she
               could
               not
               long
               continue
               her self
               from
               discovering
               ,
               that
               't
               was
               rather
               my
               Fortune
               than
               my
               Person
               ,
               which
               she
               had
               wedded
               ;
               rather
               embracing
               Advantages
               of
               expressing
               Kindness
               to
               others
               ,
               than
               her
               Husband
               .
            
             
               Notwithstanding
               many
               of
               these
               inconveniences
               did
               I
               pass
               over
               (
               though
               't
               was
               very
               grievous
               to
               be
               thus
               used
               so
               soon
               after
               our
               Marriage
               ,
               within
               less
               than
               six
               months
               ,
               and
               still
               persevere
               (
               if
               with
               Prudence
               I
               may
               speak
               it
               )
               with
               more
               than
               usual
               fondness
               )
               she
               could
               no
               sooner
               propose
               any
               thing
               ,
               which
               my
               Purse
               or
               Industry
               could
               procure
               ,
               but
               't
               was
               immediately
               provided
               ;
               nothing
               which
               might
               be
               either
               for
               Necessity
               or
               Ornament
               (
               though
               never
               so
               costly
               )
               but
               she
               had
               it
               ,
               though
               I
               borrowed
               money
               to
               provide
               it
               .
            
             
               I
               could
               here
               tell
               her
               Highness
               in
               what
               Plenty
               I
               maintained
               her
               ,
               with
               what
               sums
               of
               Money
               in
               her
               Purse
               ,
               with
               her
               Coach
               and
               Horses
               ,
               Saddle-Horses
               ,
               and
               rich
               Furniture
               ,
               rich
               Cloaths
               ,
               Beds
               ,
               Linnen
               ,
               &c.
               but
               that
               I
               should
               discover
               too
               much
               of
               my
               Folly
               in
               it
               ,
               as
               well
               as
               her
               Unworthiness
               .
            
             
               But
               I
               am
               confident
               ,
               (
               and
               't
               is
               proved
               by
               sufficient
               Witnesses
               in
               Chancery
               )
               that
               in
               eighteen
               months
               after
               our
               Marriage
               ,
               she
               had
               spent
               for
               her
               Accommodations
               above
               3000
               l.
               whereof
               600
               l.
               was
               in
               Apparel
               only
               500
               l.
               in
               ready
               money
               .
            
             
               But
               all
               this
               could
               not
               prevail
               ,
               the
               Multiplicity
               of
               Curtesies
               and
               Endearments
               towards
               her
               on
               my
               part
               ,
               was
               but
               the
               encreasing
               of
               her
               Frowns
               and
               Slightings
               towards
               me
               ;
               and
               being
               unsatisfied
               with
               what
               I
               voluntarily
               bestowed
               upon
               her
               ,
               she
               took
               all
               opportunity
               (
               in
               my
               absence
               from
               home
               )
               to
               imbezel
               what
               goods
               soever
               she
               could
               come
               at
               ;
               and
               at
               one
               time
               (
               when
               I
               was
               at
               the
               Court
               of
               Aldermen
               )
               she
               took
               from
               my
               House
               300
               pounds
               at
               least
               of
               rich
               East-India
               Stuffs
               ,
               and
               Plate
               .
            
             
               The
               Company
               she
               resorted
               unto
               (
               were
               no
               less
               offensive
               unto
               me
               than
               her
               actions
               )
               being
               either
               Persons
               of
               very
               low
               Condition
               ,
               or
               Desperate
               Fortune
               ,
               whose
               Necessities
               and
               Debaucheries
               still
               prompted
               her
               to
               further
               Incoveniences
               .
            
             
               It
               being
               now
               evident
               unto
               me
               ,
               and
               all
               our
               Acquaintance
               besides
               ,
               That
               a
               sudden
               Ruine
               could
               not
               but
               be
               near
               to
               our
               Estates
               ,
               and
               unhappiness
               to
               our
               Persons
               ,
               I
               entered
               upon
               a
               serious
               Resolution
               to
               withdraw
               for
               a
               while
               to
               my
               Country-house
               at
               Malmsbury
               in
               Wiltstire
               ,
               and
               persuaded
               my
               Wife
               to
               a
               complyance
               herein
               ;
               This
               I
               did
               ,
               that
               I
               might
               pay
               those
               Debts
               ,
               which
               I
               had
               contracted
               by
               her
               means
               ,
               and
               take
               her
               from
               the
               Occasions
               and
               the
               Persons
               which
               had
               enticed
               her
               to
               such
               pernicious
               courses
               .
            
             
               But
               they
               (
               finding
               it
               their
               Diana
               should
               leave
               London
               ,
               the
               silver
               Shrine
               would
               be
               also
               removed
               )
               were
               too
               too
               prevalent
               with
               her
               to
               retard
               her
               Journey
               ;
               Nay
               ,
               in
               conclusion
               the
               absolutely
               refused
               to
               go
               with
               me
               .
            
             
               Notwithstanding
               I
               did
               not
               forbear
               all
               the
               Arguments
               ,
               which
               either
               Prudence
               or
               Necessity
               could
               dictate
               :
               And
               that
               I
               might
               not
               neglect
               any
               Motive
               ,
               which
               I
               thought
               might
               conduce
               to
               this
               end
               ,
               I
               gave
               100
               l.
               to
               two
               of
               her
               Familiar
               Acquaintance
               (
               whom
               I
               thought
               most
               prevalent
               with
               her
               )
               to
               persuade
               her
               to
               accompany
               me
               into
               the
               Country
               .
            
             
               But
               no
               Charms
               of
               Persuations
               had
               any
               Influence
               ,
               nor
               Reason
               (
               though
               very
               urgent
               and
               manifest
               )
               but
               was
               slighted
               .
            
             
               Nevertheless
               before
               I
               went
               out
               of
               Town
               ,
               I
               writ
               this
               Paper
               ,
               and
               left
               it
               with
               her
               ;
            
             
               
                 
                 
                   
                     Sweet-heart
                     ,
                  
                
                 
                   THE
                   Reasons
                   wherefore
                   I
                   am
                   at
                   present
                   forced
                   to
                   leave
                   London
                   ,
                   is
                   in
                   regard
                   of
                   the
                   following
                   particulars
                   .
                
                 
                   1.
                   
                   Because
                   my
                   House
                   ,
                   Family
                   ,
                   Goods
                   and
                   Estate
                   in
                   the
                   Country
                   goeth
                   much
                   to
                   Ruine
                   ,
                   for
                   want
                   of
                   my
                   Presence
                   .
                
                 
                   2.
                   
                   Because
                   my
                   Engagements
                   in
                   London
                   are
                   great
                   ,
                   viz.
                   1246
                   l.
                   
                
                 
                   3.
                   
                   Because
                   of
                   these
                   great
                   Engagements
                   ,
                   my
                   Credit
                   ,
                   which
                   hath
                   been
                   of
                   value
                   ,
                   (
                   but
                   now
                   through
                   some
                   Disparagements
                   and
                   Evil
                   Practices
                   ,
                   )
                   is
                   lost
                   in
                   London
                   ,
                   that
                   I
                   cannot
                   borrow
                   any
                   more
                   money
                   to
                   supply
                   yours
                   and
                   my
                   present
                   wants
                   :
                   And
                   now
                   when
                   I
                   thought
                   all
                   things
                   had
                   been
                   forgotten
                   ,
                   I
                   heard
                   abroad
                   by
                   my
                   Friends
                   ,
                   that
                   by
                   certain
                   Warrants
                   issued
                   out
                   by
                   the
                   States
                   for
                   your self
                   ,
                   and
                   others
                   to
                   appear
                   before
                   them
                   ,
                   that
                   I
                   am
                   ashamed
                   to
                   walk
                   London
                   streets
                   ;
                   and
                   I
                   much
                   fear
                   ,
                   that
                   if
                   I
                   continue
                   in
                   London
                   ,
                   you
                   will
                   in
                   short
                   time
                   both
                   ruine
                   your self
                   and
                   me
                   .
                
                 
                   4.
                   
                   You
                   are
                   so
                   transported
                   by
                   the
                   Perswasions
                   ,
                   and
                   Practices
                   of
                   your
                   Aunt
                   and
                   others
                   ,
                   that
                   I
                   ,
                   nor
                   no
                   Friend
                   of
                   yours
                   ,
                   can
                   intreat
                   you
                   to
                   leave
                   their
                   Company
                   and
                   Evil
                   Counsel
                   ,
                   which
                   daily
                   breeds
                   Debates
                   and
                   Strifes
                   between
                   us
                   ,
                   Notwithstanding
                   ,
                   they
                   have
                   been
                   by
                   their
                   ill
                   Counsel
                   and
                   evil
                   Actions
                   ,
                   the
                   chief
                   Occasion
                   of
                   all
                   ,
                   which
                   hath
                   brought
                   us
                   to
                   this
                   sad
                   Condition
                   and
                   Shame
                   that
                   we
                   are
                   now
                   in
                   :
                   So
                   that
                   I
                   may
                   now
                   say
                   with
                   
                     Job
                     ,
                     I
                     had
                     once
                     Riches
                     ,
                     but
                     they
                     are
                     now
                     wasted
                     ,
                  
                   and
                   
                     once
                     I
                     had
                     a
                     Wife
                     ,
                     but
                     now
                     she
                     will
                     be
                     no
                     longer
                     mine
                     .
                  
                
                 
                   5.
                   
                   I
                   have
                   no
                   Employment
                   or
                   Calling
                   in
                   London
                   ;
                   which
                   disgraceful
                   and
                   unquiet
                   Life
                   is
                   hateful
                   unto
                   me
                   ,
                   and
                   most
                   disadvantagious
                   ;
                   for
                   I
                   find
                   not
                   this
                   Town
                   good
                   for
                   my
                   health
                   ,
                   (
                   by
                   reason
                   of
                   my
                   continual
                   trouble
                   )
                   my
                   expences
                   are
                   insupportable
                   :
                   And
                   I
                   protest
                   before
                   the
                   great
                   God
                   of
                   Heaven
                   ,
                   my
                   only
                   Ioy
                   and
                   Comfort
                   should
                   have
                   been
                   ,
                   and
                   shall
                   be
                   (
                   if
                   I
                   can
                   any
                   way
                   find
                   your
                   Affections
                   reciprocal
                   ,
                   and
                   your
                   Compliance
                   equal
                   )
                   to
                   support
                   your
                   Honour
                   and
                   Fortune
                   beyond
                   my
                   Own
                   :
                   But
                   if
                   we
                   continue
                   in
                   London
                   ,
                   I
                   find
                   all
                   will
                   be
                   quickly
                   confounded
                   and
                   destroyed
                   .
                
                 
                   Therefore
                   ,
                   Dear
                   Heart
                   ,
                   take
                   the
                   premisses
                   into
                   good
                   ,
                   religious
                   ,
                   and
                   serious
                   consideration
                   ,
                   and
                   go
                   with
                   me
                   unto
                   our
                   Habitation
                   in
                   the
                   Country
                   ,
                   by
                   which
                   means
                   ,
                   all
                   things
                   that
                   are
                   past
                   will
                   be
                   forgotten
                   ,
                   whereby
                   we
                   shall
                   be
                   both
                   happy
                   ;
                   for
                   my
                   intents
                   are
                   only
                   and
                   really
                   to
                   make
                   you
                   a
                   happy
                   Woman
                   :
                   For
                   I
                   protest
                   before
                   God
                   ,
                   when
                   you
                   come
                   into
                   the
                   Country
                   ,
                   I
                   shall
                   render
                   my self
                   and
                   Estate
                   to
                   your
                   Disposure
                   ,
                   to
                   come
                   and
                   go
                   when
                   and
                   where
                   you
                   please
                   ,
                   which
                   shall
                   be
                   faithfully
                   and
                   lovingly
                   performed
                   by
                   me
                   ,
                   but
                   if
                   not
                   ;
                   be
                   pleased
                   to
                   take
                   this
                   as
                   a
                   sad
                   Farewel
                   ,
                   from
                   thy
                   .
                
                 
                   
                     London
                     
                       17
                       March
                       1650.
                       
                    
                  
                   
                     Most
                     Affectionate
                     Husband
                     ,
                     
                       Thomas
                       Ivie
                    
                     .
                  
                
              
            
             
               And
               immediately
               after
               my
               Arrival
               at
               Malmsbury
               ,
               as
               soon
               as
               I
               had
               accommodated
               my
               House
               ;
               I
               sent
               her
               this
               Letter
               .
            
             
               
                 
                   
                     Most
                     dear
                     Heart
                     ,
                  
                
                 
                   YOV
                   cannot
                   but
                   be
                   sensible
                   of
                   my
                   sad
                   condition
                   and
                   necessity
                   at
                   London
                   ,
                   by
                   reason
                   of
                   my
                   Discontents
                   and
                   great
                   sums
                   of
                   Mony
                   which
                   I
                   do
                   owe
                   ,
                   and
                   have
                   not
                   wherewithal
                   to
                   satisfie
                   my
                   Creditors
                   ,
                   for
                   had
                   I
                   stayed
                   longer
                   ,
                   I
                   must
                   of
                   necessity
                   have
                   been
                   carryed
                   to
                   Prison
                   ,
                   or
                   at
                   least
                   to
                   my
                   Grave
                   ;
                   For
                   I
                   was
                   so
                   much
                   troubled
                   and
                   grieved
                   in
                   mind
                   as
                   your
                   unkindness
                   ,
                   and
                   want
                   of
                   Money
                   ,
                   that
                   I
                   thought
                   my
                   heart
                   would
                   have
                   broken
                   ;
                   which
                   so
                   transported
                   me
                   ,
                   that
                   I
                   knew
                   not
                   what
                   I
                   did
                   when
                   I
                   left
                   you
                   :
                   Yet
                   notwithstanding
                   your
                   unkindness
                   to
                   me
                   (
                   if
                   you
                   can
                   borrow
                   30
                   l.
                   of
                   any
                   Friend
                   of
                   ours
                   to
                   supply
                   your
                   present
                   occasions
                   )
                   I
                   will
                   see
                   it
                   satisfied
                   ;
                   if
                   not
                   ,
                   I
                   shall
                   willingly
                   consent
                   ,
                   that
                   you
                   pawn
                   some
                   of
                   your
                   Iewels
                   for
                   so
                   much
                   money
                   ;
                   and
                   when
                   the
                   India
                   ships
                   come
                   home
                   (
                   God
                   willing
                   )
                   I
                   shall
                   redeem
                   them
                   for
                   you
                   again
                   ;
                   and
                   when
                   I
                   have
                   paid
                   my
                   Debts
                   ,
                   you
                   shall
                   command
                   me
                   and
                   my
                   Estate
                   ,
                   which
                   shall
                   be
                   at
                   your
                   disposure
                   .
                   I
                   should
                   rejoyce
                   to
                   see
                   you
                   and
                   my
                   Father
                   Stepkins
                   here
                   ;
                   Therefore
                   ,
                   Dear
                   Heart
                   ,
                   when
                   you
                   have
                   a
                   mind
                   to
                   come
                   unto
                   me
                   ,
                   advise
                   me
                   ,
                   and
                   I
                   shall
                   wait
                   upon
                   you
                   ,
                   to
                   bring
                   you
                   down
                   ;
                   And
                   when
                   you
                   are
                   weary
                   of
                   my
                   Company
                   and
                   Entertainment
                   in
                   the
                   Country
                   ,
                   (
                   where
                   my self
                   ,
                   and
                   all
                   that
                   I
                   have
                   ,
                   shall
                   be
                   at
                   your
                   Disposure
                   )
                   I
                   shall
                   (
                   when
                   you
                   please
                   )
                   return
                   again
                   with
                   you
                   to
                   London
                   ,
                   and
                   ever
                   remain
                
                 
                   
                     Malmsbury
                     
                       24
                       March
                       ,
                       1650.
                       
                    
                  
                   
                     Your
                     most
                     affectionate
                     Husband
                     
                       Thomas
                       Ivie
                    
                     .
                  
                
              
            
             
               Instead
               of
               a
               Complying
               Answer
               ,
               which
               I
               expected
               (
               for
               We
               cannot
               easily
               despair
               of
               Things
               We
               passionately
               desire
               )
               I
               received
               this
               Summons
               from
               the
               Lords
               Commissioners
               of
               the
               Great
               Seal
               ,
               to
               appear
               before
               them
               .
            
             
               
                 
                   WHereas
                   Theodosia
                   your
                   Wife
                   hath
                   on
                   this
                   present
                   day
                   preferred
                   her
                   humble
                   Petition
                   unto
                   us
                   the
                   Lords
                   Commissioners
                   of
                   the
                   Great
                   Seal
                   of
                   England
                   ,
                   thereby
                   praying
                   Allowance
                   of
                   Alimony
                   ,
                   as
                   by
                   her
                   said
                   Petition
                   remaining
                   with
                   us
                   doth
                   appear
                   ,
                   we
                   do
                   at
                   her
                   instance
                   give
                   you
                   Notice
                   thereof
                   ,
                   Requiring
                   you
                   hereby
                   to
                   make
                   your
                   personal
                   appearance
                   before
                   Vs
                   ,
                   on
                   the
                   thirteenth
                   day
                   of
                   this
                   Instant
                   ,
                   to
                   speak
                   with
                   Vs
                   about
                   the
                   same
                   .
                
                 
                   
                     
                       Middle
                       Temple
                    
                     
                       the
                       11
                       
                         day
                         of
                         April
                      
                       ,
                       1651.
                       
                    
                  
                   
                     
                       
                         Richard
                         Keeble
                         ,
                      
                       
                         John
                         Lisle
                         .
                      
                    
                  
                
              
            
             
               Immediately
               ,
               (
               laying
               aside
               all
               my
               Business
               )
               as
               fast
               as
               Passions
               and
               Spurs
               could
               quicken
               ,
               I
               repaired
               to
               the
               Chancery
               ,
               where
               I
               found
               to
               my
               great
               astonishment
               )
               this
               false
               and
               scandalous
               Libel
               ,
               under
               the
               Title
               of
               a
               Petition
               for
               Alimony
               preferred
               against
               me
               .
            
             
               
                 
                 
                   The
                   humble
                   Petition
                   of
                   
                     Theodosia
                     Ivie
                  
                   ,
                   Plaintiff
                   ,
                   Wife
                   of
                   
                     Thomas
                     Ivie
                  
                   ,
                   Defendant
                   .
                
                 
                   THat
                   She
                   being
                   the
                   Daughter
                   of
                   
                     John
                     Stepkins
                  
                   ,
                   
                     Esq
                  
                   and
                   married
                   to
                   the
                   Defendant
                   ,
                   who
                   hath
                   (
                   without
                   any
                   cause
                   given
                   (
                   him
                   )
                   not
                   only
                   diserted
                   her
                   Company
                   ,
                   but
                   left
                   her
                   destitute
                   of
                   all
                   manner
                   of
                   Means
                   for
                   her
                   Livelihood
                   and
                   Subsistence
                   ;
                   And
                   that
                   during
                   the
                   time
                   she
                   cohabited
                   with
                   him
                   ,
                   she
                   hath
                   not
                   only
                   been
                   in
                   great
                   Danger
                   of
                   her
                   Life
                   ,
                   by
                   his
                   Cruel
                   Vsages
                   ,
                   and
                   unjust
                   contrivances
                   ,
                   but
                   by
                   some
                   means
                   occasioned
                   by
                   the
                   Defendant
                   ,
                   she
                   hath
                   been
                   very
                   Weak
                   and
                   Infirm
                   ;
                   And
                   hath
                   received
                   from
                   him
                   such
                   Infirmities
                   ,
                   (
                   not
                   becoming
                   a
                   Husband
                   to
                   confer
                   on
                   his
                   Wife
                   ;
                   )
                   And
                   that
                   by
                   reason
                   of
                   his
                   said
                   cruelties
                   ,
                   and
                   the
                   peril
                   of
                   receiving
                   from
                   him
                   Diseases
                   of
                   Dangerous
                   Consequence
                   ,
                   she
                   could
                   not
                   cohabit
                   with
                   him
                   as
                   his
                   Wife
                   ,
                   without
                   eminent
                   peril
                   of
                   her
                   Life
                   ;
                   And
                   the
                   Defendant
                   was
                   not
                   only
                   departed
                   from
                   her
                   ,
                   but
                   utterly
                   denied
                   to
                   allow
                   her
                   any
                   convenient
                   Support
                   ;
                   And
                   that
                   for
                   meer
                   necessity
                   she
                   had
                   contracted
                   some
                   small
                   debts
                   ;
                   And
                   therefore
                   she
                   prayed
                   the
                   speedy
                   Aid
                   of
                   the
                   Court
                   ;
                   And
                   that
                   They
                   would
                   summon
                   the
                   Defendant
                   before
                   Them
                   ,
                   that
                   upon
                   hearing
                   her
                   just
                   Complaints
                   ,
                   she
                   might
                   be
                   relieved
                   ,
                   and
                   have
                   such
                   fitting
                   Allowance
                   by
                   way
                   of
                   Alimony
                   granted
                   to
                   her
                   ,
                   as
                   to
                   the
                   Court
                   should
                   seem
                   meet
                   ;
                   And
                   that
                   for
                   the
                   present
                   ,
                   she
                   may
                   have
                   some
                   convenient
                   Allowance
                   for
                   Expences
                   in
                   this
                   Suit
                   ,
                   she
                   being
                   otherwise
                   unable
                   to
                   proceed
                   therein
                   .
                
              
            
             
               To
               which
               (
               having
               sought
               Patience
               from
               above
               )
               I
               returned
               this
               Answer
               .
            
             
               That
               't
               is
               true
               ,
               he
               Married
               the
               Plaintiff
               ,
               and
               hath
               ever
               since
               used
               her
               with
               the
               Respects
               of
               an
               affectionate
               Husband
               to
               a
               loving
               Wife
               ,
               and
               neither
               hath
               ,
               nor
               did
               intend
               to
               desert
               her
               Company
               ,
               but
               much
               desires
               it
               ,
               if
               he
               may
               find
               respectful
               carriage
               from
               her
               ;
               and
               is
               so
               far
               from
               leaving
               her
               destitute
               of
               all
               means
               ,
               that
               since
               his
               Marriage
               ,
               which
               was
               not
               then
               above
               eighteen
               Months
               ,
               he
               had
               furnished
               her
               with
               Jewels
               and
               Pearl
               ,
               to
               the
               value
               of
               1200
               l.
               besides
               Apparel
               ,
               which
               cost
               him
               above
               200
               l.
               All
               which
               Pearl
               and
               Jewels
               she
               had
               in
               her
               Possession
               in
               March
               then
               last
               past
               ,
               when
               the
               Defendant
               went
               to
               his
               dwelling-house
               in
               Wiltshire
               ,
               at
               which
               time
               ,
               he
               not
               only
               sollicited
               her
               to
               go
               and
               dwell
               with
               him
               ,
               but
               promised
               her
               (
               upon
               the
               Enjoyment
               of
               her
               in
               the
               Country
               )
               to
               resign
               both
               himself
               and
               his
               Estate
               to
               her
               Commands
               and
               Disposal
               .
            
             
               That
               he
               hath
               likewise
               paid
               her
               Father
               1000
               l.
               for
               which
               he
               should
               have
               setled
               upon
               the
               Defendant
               some
               Estate
               of
               Inheritance
               for
               her
               Portion
               ,
               which
               is
               all
               the
               Fortune
               he
               ever
               expected
               with
               her
               ,
               whereof
               he
               hath
               not
               received
               the
               value
               of
               one
               penny
               .
            
             
               That
               he
               allowed
               her
               for
               Clothes
               ,
               Mony
               ,
               and
               otherwise
               for
               her
               use
               ,
               above
               800
               l.
               And
               during
               the
               time
               he
               hath
               lived
               with
               her
               ,
               he
               hath
               spent
               in
               Housholdstuff
               ,
               House-rent
               ,
               and
               House-keeping
               ,
               2870
               l.
               so
               that
               in
               eighteen
               Months
               ,
               he
               hath
               spent
               with
               her
               6000
               l.
               And
               this
               he
               mentions
               not
               ,
               as
               if
               he
               repented
               of
               his
               Kindness
               to
               her
               ,
               but
               to
               evidence
               to
               their
               Lordships
               that
               there
               is
               no
               just
               cause
               of
               Complaint
               against
               him
               ,
               for
               not
               allowing
               her
               maintenance
               .
            
             
               That
               he
               never
               acted
               any
               thing
               of
               Danger
               or
               Cruelty
               ,
               or
               that
               might
               occasion
               any
               infirmity
               to
               her
               ;
               nor
               was
               there
               ever
               any
               Disagreement
               ,
               or
               any
               Cause
               why
               she
               should
               separate
               from
               him
               ;
               But
               her
               desire
               was
               to
               live
               in
               London
               ,
               a
               place
               neither
               agreeable
               to
               the
               Defendants
               health
               ,
               or
               Estate
               ;
               He
               having
               already
               (
               by
               reason
               thereof
               )
               contracted
               many
               Debts
               :
               And
               confesseth
               ,
               that
               having
               (
               by
               consent
               of
               her
               Father
               and
               her self
               )
               bought
               an
               Estate
               in
               Wiltshire
               ,
               situate
               in
               a
               healthful
               air
               ,
               and
               a
               place
               of
               much
               conveniency
               ,
               delight
               and
               profit
               ;
               He
               hath
               many
               times
               by
               Letters
               ,
               in
               Person
               ,
               and
               by
               Friends
               ,
               earnestly
               desired
               her
               to
               live
               with
               him
               at
               his
               said
               House
               in
               the
               Country
               ,
               where
               she
               shall
               want
               for
               nothing
               in
               his
               power
               ,
               for
               her
               use
               and
               conveniency
               ,
               and
               care
               shall
               be
               taken
               for
               her
               accomodation
               for
               her
               Journey
               ,
               wherein
               he
               hopes
               yet
               to
               prevail
               ,
               that
               they
               may
               mutually
               enjoy
               the
               Comfort
               of
               each
               other
               ,
               which
               he
               much
               thirsteth
               after
               ,
               and
               is
               not
               little
               grieved
               there
               should
               be
               any
               Question
               of
               it
               .
            
             
               That
               he
               took
               such
               Order
               (
               presently
               after
               his
               going
               into
               the
               Country
               )
               whereby
               the
               Plaintiff
               was
               supplyed
               with
               monies
               for
               her
               present
               occasions
               ,
               and
               presumes
               the
               foul
               scandals
               suggested
               in
               the
               Petition
               ;
               are
               well
               known
               to
               the
               Plaintiff
               to
               have
               so
               little
               colour
               of
               Truth
               in
               them
               ,
               as
               he
               hopes
               the
               same
               were
               put
               into
               the
               Petition
               ,
               as
               words
               of
               Course
               ,
               rathen
               than
               by
               her
               Direction
               :
               And
               he
               utterly
               denies
               the
               same
               ;
               and
               therefore
               he
               hopes
               ,
               he
               shall
               not
               be
               ordered
               to
               make
               Allowance
               to
               the
               Petitioner
               ,
               (
               as
               in
               the
               Petition
               )
               she
               demands
               .
            
             
               Could
               ever
               any
               Man
               suspect
               to
               be
               thus
               dealt
               withal
               by
               a
               Woman
               ,
               that
               had
               plighted
               her
               faith
               in
               Marriage
               to
               one
               ,
               who
               had
               setled
               so
               great
               a
               Joynture
               ,
               given
               her
               so
               many
               Gifts
               ,
               so
               much
               Mony
               ,
               Jewels
               ,
               and
               all
               other
               accommodations
               whatsoever
               in
               the
               greatest
               Plenty
               ,
               for
               the
               Consideration
               of
               nothing
               ?
               Certainly
               amongst
               the
               Indians
               themselves
               have
               I
               not
               seen
               so
               great
               persidiousness
               .
            
             
               Now
               had
               I
               just
               Reason
               to
               suspect
               ,
               't
               was
               not
               only
               the
               malicious
               Counsels
               of
               her
               wicked
               Abettors
               ,
               was
               the
               cause
               of
               her
               inhumanity
               towards
               me
               ;
               but
               that
               she
               had
               in
               her
               own
               Breast
               a
               Principle
               of
               Enmity
               and
               Dissatisfaction
               ,
               even
               to
               the
               Relation
               of
               being
               my
               Wife
               .
            
             
               Nay
               seeing
               the
               Scene
               appears
               ,
               't
               is
               too
               easie
               to
               understand
               what
               Plot
               is
               laid
               and
               concluded
               ;
               If
               she
               can
               survive
               me
               (
               which
               she
               thinks
               very
               probable
               )
               and
               hath
               no
               issue
               of
               our
               two
               Bodies
               (
               which
               she
               is
               resolved
               never
               to
               have
               )
               by
               keeping
               her self
               from
               me
               ,
               Then
               will
               she
               be
               a
               Fortune
               indeed
               ,
               and
               her
               Widdowhood
               be
               worth
               its
               weight
               in
               Gold.
               And
               if
               in
               the
               mean
               time
               (
               during
               my
               life
               )
               she
               can
               have
               from
               the
               Lords
               Commissioners
               (
               by
               way
               of
               Alimony
               )
               300
               
                 l.
                 per
                 Annum
              
               ,
               she
               will
               think
               her self
               in
               a
               better
               condition
               ,
               than
               her
               Father
               ,
               who
               had
               but
               240
               
                 l.
                 per
                 Annum
              
               ,
               both
               for
               himself
               and
               his
               whole
               Family
               :
               And
               to
               prosecute
               the
               Suit
               ,
               she
               hath
               1200
               l.
               worth
               of
               Jewels
               already
               ,
               and
               500
               l.
               in
               ready
               Cash
               advanced
               ,
               and
               her
               Husband
               much
               in
               debt
               ,
               so
               that
               peradventure
               she
               may
               outspend
               him
               also
               even
               at
               Law.
               
            
             
               But
               to
               obtain
               this
               glorious
               design
               ,
               many
               difficulties
               are
               to
               be
               passed
               through
               ;
               And
               though
               she
               her self
               hath
               resolved
               to
               calumniate
               vehemently
               (
               presuming
               that
               somewhat
               will
               gain
               belief
               amongst
               many
               )
               yet
               will
               not
               this
               be
               enough
               ;
               and
               therefore
               Witnesses
               must
               be
               prepared
               of
               as
               large
               Consciences
               as
               Foreheads
               :
               And
               for
               their
               better
               encouragement
               ,
               They
               shall
               participate
               in
               the
               Gain
               and
               Advantage
               :
               Welcome
               
               Expressions
               and
               Opportunities
               to
               such
               Persons
               ,
               whose
               defamed
               Lives
               ,
               and
               necessitous
               Fortunes
               ,
               rendred
               them
               neither
               in
               a
               Capacity
               to
               live
               ,
               or
               converse
               with
               People
               of
               any
               Honesty
               or
               Reputation
               .
            
             
               As
               for
               her
               part
               ,
               her
               Suggestions
               and
               Insinuations
               were
               high
               indeed
               ;
               much
               fear
               she
               pretended
               (
               for
               had
               it
               been
               more
               than
               a
               Pretence
               ,
               all
               had
               been
               accomplished
               ,
               and
               my
               Life
               lost
               )
               left
               she
               should
               participate
               of
               the
               Sins
               and
               Punishments
               of
               Sodom
               and
               Gomorrah
               :
               And
               as
               for
               her
               Body
               ,
               she
               durst
               not
               trust
               that
               with
               me
               ,
               left
               (
               at
               any
               time
               being
               Morose
               and
               Cholerick
               )
               I
               should
               injure
               her
               by
               Blows
               ;
               or
               if
               kind
               ,
               I
               should
               infect
               her
               with
               unclean
               Diseases
               .
            
             
               To
               enforce
               these
               Motives
               upon
               the
               Minds
               of
               all
               People
               ,
               who
               now
               took
               notice
               of
               these
               Distractions
               ,
               Never
               was
               there
               a
               more
               exquisite
               Vizard
               of
               Modesty
               put
               on
               by
               a
               Woman
               :
               Never
               were
               Expressions
               of
               Religion
               more
               distorted
               to
               an
               ill
               end
               ;
               no
               Projects
               and
               Practices
               of
               Obscenity
               and
               Murder
               it self
               ,
               were
               wanting
               to
               colour
               these
               malicious
               Devices
               against
               me
               :
               Nay
               ,
               so
               grosly
               infatuated
               was
               she
               in
               her
               Scandal
               ,
               that
               she
               represented
               my
               Person
               to
               be
               more
               like
               to
               a
               Monsters
               than
               a
               Mans.
               
            
             
               Her
               Abettors
               are
               not
               wanting
               in
               acting
               their
               parts
               also
               ;
               What
               she
               insinuated
               ,
               they
               converted
               into
               Clamours
               ;
               neither
               stuck
               to
               depose
               any
               thing
               ,
               what
               possible
               could
               be
               believed
               to
               be
               sworn
               by
               them
               ,
               without
               any
               apparent
               contradiction
               .
            
             
               Having
               thus
               prepossessed
               the
               Ears
               of
               as
               many
               Persons
               of
               Quality
               as
               she
               could
               ,
               and
               framed
               a
               Harmony
               of
               Testimonies
               (
               as
               well
               as
               of
               Witnesses
               )
               with
               as
               much
               Art
               and
               Cunning
               ,
               as
               her
               own
               Wit
               ,
               or
               her
               Abettors
               ,
               (
               or
               the
               matter
               it self
               could
               supply
               )
               she
               took
               out
               with
               much
               eagerness
               a
               Commission
               out
               of
               the
               Court
               ,
               to
               make
               what
               proof
               she
               could
               of
               her
               Petition
               .
            
             
               Notwithstanding
               this
               further
               Provocation
               also
               ,
               my
               Lips
               were
               lock'd
               up
               with
               Silence
               ,
               as
               well
               as
               my
               Heart
               with
               Sorrow
               ,
               not
               retaliating
               Evil
               for
               Evil
               in
               the
               least
               measure
               ;
               or
               so
               much
               as
               intimating
               unto
               her
               ,
               of
               her
               first
               Follies
               (
               which
               if
               they
               were
               published
               by
               me
               )
               might
               have
               raised
               a
               great
               Cloud
               upon
               her
               Reputation
               :
               Neither
               was
               I
               content
               to
               be
               totally
               Passive
               of
               what
               Injuries
               had
               passed
               ,
               but
               was
               resolved
               not
               to
               leave
               any
               means
               unattempted
               to
               reclaim
               her
               from
               these
               Extravagancies
               .
            
             
               And
               thereupon
               went
               unto
               her
               in
               Person
               ,
               with
               Mr.
               Escot
               ,
               Serjeant
               Middleton
               ,
               and
               Mr.
               Booth
               ,
               at
               Mr.
               
               Zanchey's
               House
               (
               he
               himself
               being
               present
               )
               and
               with
               as
               much
               Rhetorick
               as
               my
               real
               Affection
               to
               her
               could
               dictate
               ,
               did
               passionately
               move
               her
               to
               a
               Reconciliation
               ,
               shewing
               what
               Scandal
               and
               Dishonour
               would
               follow
               such
               Differences
               ,
               and
               promising
               withal
               ,
               a
               perfect
               Oblivion
               of
               whatsoever
               had
               been
               acted
               against
               me
               ;
               And
               to
               fortifie
               my
               Arguments
               the
               better
               ,
               I
               desired
               all
               those
               Gentlemen
               there
               present
               ,
               to
               do
               the
               Office
               of
               Christian
               Moderators
               ,
               and
               to
               endeavour
               to
               stop
               the
               Breaches
               between
               us
               ,
               which
               were
               too
               wide
               already
               .
            
             
               Nevertheless
               ,
               by
               how
               much
               the
               more
               weight
               she
               perceived
               in
               our
               Reasons
               ,
               the
               more
               Obstinacy
               she
               discovered
               in
               her
               returns
               ,
               utterly
               rejecting
               any
               Agreement
               ,
               upon
               what
               Terms
               soever
               .
            
             
               Hereupon
               suspecting
               in
               her
               the
               apparent
               Symptoms
               of
               a
               sear'd
               Conscience
               ;
               and
               how
               that
               by
               my
               silence
               ,
               the
               World
               began
               to
               infer
               a
               main
               Guilt
               of
               those
               Aspersions
               which
               had
               been
               divulged
               against
               me
               ,
               Upon
               the
               serious
               Advice
               of
               my
               Counsel
               (
               though
               I
               cannot
               but
               acknowledge
               a
               very
               great
               Reluctancy
               thereunto
               )
               I
               was
               perswaded
               to
               examine
               Witnesses
               also
               ,
               both
               to
               vindicate
               my
               own
               Integrity
               ,
               and
               to
               discover
               unto
               the
               World
               the
               Grand
               Cheat
               that
               was
               contrived
               to
               gain
               my
               Estate
               (
               which
               could
               no
               otherwise
               be
               accomplished
               )
               without
               defaming
               my
               Person
               (
               and
               if
               it
               were
               possible
               )
               to
               take
               away
               my
               Life
               also
               ;
               which
               shall
               evidently
               appear
               anon
               .
            
             
               But
               before
               I
               shall
               give
               an
               Account
               of
               the
               Proofs
               which
               were
               made
               on
               my
               behalf
               ,
               I
               shall
               according
               to
               her
               own
               Forwardness
               and
               Method
               ,
               give
               your
               Highness
               a
               short
               view
               ,
               what
               was
               attested
               for
               her
               .
            
             
               One
               swore
               ,
               That
               he
               saw
               me
               squeeze
               her
               (
               at
               eleven
               a
               Clock
               )
               one
               night
               ,
               as
               she
               was
               going
               down
               stairs
               .
            
             
               Another
               that
               she
               heard
               my
               Wife
               complain
               of
               ill
               usage
               (
               but
               though
               she
               lived
               in
               the
               House
               with
               us
               )
               never
               heard
               me
               give
               an
               ill
               word
               to
               her
               .
            
             
               Another
               heard
               her
               cry
               out
               ,
               Help
               ,
               Help
               ,
               Murder
               ,
               Murder
               ;
               and
               saw
               me
               take
               her
               by
               the
               Throat
               :
               Though
               I
               refer
               my self
               to
               my
               Affidavit
               on
               Oath
               ,
               yet
               when
               I
               shall
               manifest
               it
               ,
               (
               That
               this
               Woman
               who
               swore
               this
               ,
               was
               brought
               in
               that
               very
               night
               ,
               and
               next
               morning
               conveyed
               away
               )
               I
               suppose
               't
               will
               be
               no
               difficult
               thing
               to
               perswade
               any
               one
               to
               believe
               ,
               that
               this
               Creature
               was
               brought
               in
               on
               purpose
               to
               be
               a
               Witness
               against
               me
               .
            
             
               The
               Woman
               that
               swore
               this
               ,
               was
               brought
               in
               that
               very
               night
               ,
               on
               purpose
               to
               be
               a
               Witness
               ,
               and
               the
               next
               morning
               went
               away
               again
               .
            
             
               One
               Measler
               (
               a
               pretended
               
                 French
                 Physician
              
               )
               swore
               that
               she
               was
               ill
               ;
               and
               that
               there
               was
               a
               Suspicion
               of
               Poyson
               ;
               but
               this
               was
               five
               months
               after
               she
               left
               me
               ;
               and
               was
               commonly
               reported
               to
               have
               the
               Pox
               ,
               (
               which
               being
               a
               Venomous
               Disease
               )
               the
               French-man
               might
               safely
               Swear
               (
               with
               a
               mental
               Reservation
               ,
               the
               frequent
               Practice
               of
               his
               Country-men
               )
               there
               was
               a
               Suspicion
               of
               Poyson
               .
            
             
               This
               is
               the
               Substance
               of
               what
               was
               sworn
               against
               me
               ,
               (
               and
               should
               I
               name
               the
               Persons
               of
               the
               Witnesses
               ,
               )
               they
               were
               more
               mean
               than
               their
               Testimonies
               ;
               The
               Chief
               of
               them
               was
               her
               Aunt
               Mrs.
               Williamson
               ,
               of
               whom
               I
               shall
               say
               no
               other
               ,
               but
               that
               her
               Way
               and
               Living
               is
               after
               the
               rate
               of
               300
               or
               400
               
                 l.
                 per
                 annum
              
               ,
               though
               it
               be
               well
               known
               ,
               That
               neither
               her
               Husband
               ,
               nor
               her self
               ,
               have
               any
               Profession
               to
               live
               by
               ,
               or
               any
               visible
               Estate
               ,
               nor
               worth
               a
               Penny
               ;
               but
               are
               so
               nearly
               Poor
               ,
               That
               he
               or
               she
               dares
               not
               appear
               in
               publick
               lest
               they
               be
               carried
               away
               by
               Bayliffs
               for
               the
               multitude
               of
               Debts
               he
               owes
               .
            
             
               This
               is
               that
               ungodly
               Wretch
               ,
               who
               too
               visibly
               hath
               been
               the
               Ruin
               ,
               both
               of
               my self
               and
               Wife
               ,
               as
               will
               appear
               from
               the
               Depositions
               themselves
               .
            
             
               One
               Person
               there
               was
               produced
               on
               her
               behalf
               (
               whose
               Name
               hath
               a
               Reputation
               in
               the
               World
               ,
               viz.
               Sir
               
                 Iohn
                 Brampston
              
               ,
               )
               yet
               all
               that
               he
               can
               depose
               for
               Her
               ,
               is
               nothing
               which
               is
               material
               ,
               but
               that
               he
               never
               knew
               her
               defam'd
               ,
               but
               in
               this
               Business
               ,
               and
               that
               she
               was
               bred
               up
               amongst
               his
               Children
               ;
               and
               that
               he
               often
               endeavour'd
               a
               Reconciliation
               between
               us
               :
               Whether
               he
               did
               it
               ,
               or
               no
               ,
               I
               cannot
               affirm
               ,
               but
               when
               I
               was
               told
               by
               him
               lately
               ,
               and
               never
               heretofore
               ,
               That
               he
               had
               a
               Pre-Mortgage
               of
               the
               Estate
               of
               240
               
                 l.
                 per
                 annum
              
               (
               made
               unto
               him
               by
               Stepkins
               )
               which
               was
               settled
               on
               me
               for
               the
               Consideration
               aforesaid
               ,
               I
               hope
               ,
               that
               I
               shall
               not
               be
               condemn'd
               ,
               as
               too
               jealous
               without
               a
               ground
               ,
               That
               he
               is
               fishing
               for
               his
               own
               Interest
               in
               our
               troubled
               waters
               .
            
             
             
               Were
               there
               ought
               else
               considerable
               deposed
               against
               me
               ,
               I
               should
               deal
               so
               ingenuously
               as
               to
               relate
               it
               ,
               being
               very
               confident
               ,
               that
               at
               the
               hearing
               of
               my
               Cause
               before
               any
               in
               Authority
               ,
               there
               will
               not
               be
               wanting
               Agents
               enough
               for
               her
               ,
               to
               lay
               open
               the
               worst
               against
               me
               .
            
             
               One
               thing
               therefore
               more
               (
               and
               that
               which
               they
               think
               most
               considerable
               against
               me
               ,
               not
               in
               order
               to
               justifie
               her
               Complaint
               ,
               but
               to
               take
               off
               a
               Belief
               ,
               from
               what
               she
               knew
               I
               could
               prove
               against
               her
               and
               her
               said
               Aunt
               Williamson
               )
               was
               briefly
               this
               ,
               That
               I
               endeavoured
               to
               suborn
               one
               Holdsworth
               (
               a
               poor
               Fellow
               about
               the
               Town
               )
               to
               swear
               point
               blank
               ,
               That
               my
               Wife
               was
               a
               Whore
               ,
               and
               her
               Aunt
               Williamson
               a
               Bawd.
               
            
             
               That
               I
               may
               be
               impartial
               in
               this
               Narration
               ,
               I
               shall
               cite
               the
               very
               words
               themselves
               of
               this
               Deposition
               which
               are
               these
               .
            
             
               That
               in
               April
               and
               May
               was
               twelve-month
               ,
               He
               (
               viz.
               this
               Deponent
               )
               came
               to
               the
               Defendant
               ,
               (
               viz.
               to
               my self
               )
               for
               Money
               for
               one
               Nicholas
               ;
               and
               the
               Defendant
               said
               ,
               He
               could
               prove
               Mrs.
               Williamson
               a
               Bawd
               ,
               and
               would
               have
               had
               him
               sworn
               it
               ;
               and
               offered
               the
               Deponent
               Money
               to
               Swear
               the
               Plaintiff
               (
               meaning
               Mrs.
               Ivie
               )
               was
               a
               Whore.
               
            
             
               That
               he
               had
               made
               the
               Commissioners
               for
               him
               ;
               and
               said
               ,
               That
               Stepkins
               and
               all
               his
               Family
               were
               
                 Base
                 People
              
               ,
               and
               often
               offered
               him
               Money
               to
               Swear
               ;
               and
               said
               ,
               he
               had
               two
               Witnesses
               more
               ,
               if
               he
               would
               make
               up
               the
               third
               .
            
             
               How
               much
               Indiscretion
               ,
               as
               well
               as
               Falshood
               ,
               was
               in
               this
               Deponent
               ,
               and
               both
               in
               them
               ,
               who
               imployed
               this
               inferior
               Person
               ,
               and
               who
               too
               probably
               practiced
               that
               infamous
               Act
               of
               Creating
               Knights
               of
               the
               Post
               (
               which
               seems
               to
               appear
               ,
               even
               from
               the
               Oath
               it self
               )
               For
               certainly
               ,
               had
               I
               been
               provided
               with
               two
               Witnesses
               (
               as
               he
               said
               I
               told
               him
               )
               which
               number
               the
               Law
               admits
               even
               in
               the
               highest
               Cases
               )
               it
               had
               not
               only
               been
               an
               impertinent
               losing
               of
               my
               Money
               ,
               but
               my
               Honesty
               also
               ,
               to
               no
               purpose
               :
               Besides
               there
               are
               scarce
               any
               so
               Ignorant
               ,
               but
               understand
               how
               difficult
               a
               thing
               it
               is
               to
               prove
               even
               a
               Whore
               ,
               a
               Whore.
               
            
             
               'T
               was
               against
               the
               Advice
               of
               my
               Council
               ,
               and
               my
               own
               Inclination
               also
               ,
               to
               examine
               any
               Witness
               of
               so
               mean
               a
               Quality
               in
               such
               Differences
               ,
               (
               as
               these
               are
               between
               my self
               and
               my
               Wife
               )
               left
               the
               contemptibleness
               of
               the
               Evidence
               ,
               might
               derogate
               from
               the
               Truth
               of
               the
               thing
               :
               Most
               of
               those
               (
               whom
               I
               produced
               to
               give
               Testimony
               on
               my
               behalf
               )
               were
               Persons
               of
               fair
               Estates
               ,
               many
               hundreds
               
                 per
                 Annum
              
               ,
               and
               such
               ,
               who
               for
               many
               years
               past
               ,
               have
               been
               Justices
               of
               the
               Peace
               in
               their
               Country
               ,
               &c.
               
               But
               more
               (
               of
               this
               Nature
               )
               I
               omit
               :
               For
               (
               without
               Doubt
               )
               Poverty
               and
               Honesty
               are
               not
               inconsistent
               :
               The
               most
               precious
               Saints
               of
               God
               ,
               are
               more
               frequently
               found
               cloath'd
               with
               Rags
               ,
               than
               in
               a
               King's
               House
               :
               Iob
               himself
               was
               more
               acceptable
               to
               the
               Lord
               on
               the
               Dunghill
               ,
               than
               in
               his
               costly
               Palaces
               :
               But
               withall
               there
               must
               be
               a
               Poverty
               in
               Spirit
               ,
               as
               well
               as
               in
               Estate
               ;
               otherwise
               ,
               they
               will
               forfeit
               both
               their
               Religion
               to
               God
               ,
               and
               their
               Credit
               amongst
               Men
               :
               For
               certainly
               a
               poor
               Man
               (
               being
               notoriously
               Vicious
               and
               Scandalous
               )
               is
               to
               be
               reputed
               rather
               a
               Vermin
               in
               Nature
               ,
               than
               a
               Member
               of
               
                 Christian
                 Society
              
               ,
               whose
               Testimonies
               stink
               in
               their
               own
               Nostrils
               ,
               and
               their
               Memory
               shall
               perish
               with
               them
               .
            
             
               That
               your
               Highness
               may
               the
               more
               knowingly
               judge
               and
               determine
               ,
               both
               of
               this
               and
               other
               Proofs
               against
               me
               ,
               I
               humbly
               beg
               leave
               to
               lay
               before
               your
               Highness
               the
               Manifestation
               of
               my
               Answer
               which
               I
               returned
               to
               my
               Wifes
               Petition
               ,
               and
               what
               Evidences
               I
               produced
               to
               the
               clearing
               of
               it
               .
            
             
               1.
               
               To
               the
               first
               Charge
               in
               the
               Petition
               ,
               That
               I
               left
               her
               destitute
               of
               all
               manner
               of
               Livelihood
               and
               Subsistence
               .
            
             
               
                 'T
                 was
                 Deposed
              
               ,
            
             
               (
               Besides
               her
               having
               of
               1200
               l.
               worth
               of
               Jewels
               in
               her
               Custody
               )
               That
               I
               maintained
               her
               with
               Meat
               ,
               Drink
               and
               Cloaths
               ,
               and
               all
               Conveniencies
               in
               a
               very
               plentiful
               high
               way
               ,
               
                 l.
                 A.
                 fol.
              
               19.
               f.
               40
               ,
               47.
               l.
               3.
               f.
               3
               ,
               4
               ,
               49
            
             
               That
               she
               had
               the
               Disposal
               of
               all
               things
               in
               his
               House
               ,
               f.
               7.
               
            
             
               That
               he
               spent
               twenty
               Shillings
               a
               day
               in
               Meat
               ,
               besides
               Spice
               ,
               Sugar
               ,
               Wine
               ,
               Beer
               ,
               
                 &c.
                 fol.
              
               8.
               f.
               55,56,57
               .
            
             
               That
               he
               importun'd
               her
               to
               go
               live
               with
               him
               in
               
                 Wiltshire
                 ,
                 l.
                 A.
                 f.
              
               4.
               l.
               13.
               f.
               9
               ,
               10
               ,
               11.
               
            
             
               That
               she
               was
               richly
               cloathed
               ,
               fol.
               60.
               
               Had
               a
               Coach
               and
               Horse
               for
               her
               use
               .
               f.
               67.
               
               Besides
               a
               Coach
               ,
               he
               provided
               for
               her
               Journey
               a
               single
               Horse
               ,
               worth
               45
               
                 l.
                 f.
              
               68.
               and
               a
               Riding
               Suit
               worth
               40
               l.
               and
               a
               Horse-furniture
               worth
               40
               l.
               more
               .
               
                 l.
                 B.
                 f.
              
               68.
               
            
             
               That
               she
               absolutely
               refused
               to
               keep
               me
               Company
               into
               the
               Country
               ,
               but
               would
               rather
               stay
               with
               her
               Aunt
               
                 Williamson
                 ,
                 l.
                 C.
                 fol.
              
               13.
               
            
             
               That
               I
               gave
               100
               l.
               to
               Serjeant
               Middleton
               ,
               the
               Serjeant
               to
               the
               Lords
               Commissioners
               ,
               and
               Mr.
               Pauncefoot
               ,
               a
               Clerk
               to
               several
               Committees
               ,
               to
               perswade
               her
               to
               go
               with
               me
               ,
               
                 l.
                 A.
                 f.
              
               8.
               
            
             
               That
               she
               refused
               notwithstanding
               ,
               
                 l.
                 A.
                 f.
                 C.
              
               
            
             
               And
               for
               her
               Reception
               ,
               I
               immediately
               declared
               in
               my
               answer
               ,
               my
               Willingness
               to
               receive
               her
               ,
               and
               cohabite
               with
               her
               ,
               and
               provide
               her
               all
               Necessaries
               and
               Conveniences
               whatsoever
               .
            
             
               To
               the
               Objection
               which
               follows
               in
               the
               Petition
               ,
               That
               my
               Usage
               was
               Cruel
               .
            
             
               
                 'T
                 was
                 Deposed
              
               ,
            
             
               That
               I
               ever
               expressed
               much
               Love
               towards
               her
               ,
               and
               was
               an
               Indulgent
               Husband
               ,
               
                 l.
                 A.
                 f.
              
               18.39
               .
               fol.
               2.
               
                 l.
                 B.
                 f.
              
               3.
               f.
               48.
               
                 l.
                 C.
                 f.
              
               10
               ,
               12
               ,
               19.
               
            
             
               That
               I
               ever
               shewed
               a
               Willingness
               to
               pleasure
               her
               in
               any
               thing
               ,
               
                 l.
                 B.
                 f.
              
               63.
               
            
             
               That
               the
               squeezing
               her
               by
               the
               arms
               ,
               was
               but
               the
               holding
               of
               her
               ,
               when
               she
               attempted
               to
               run
               from
               me
               ,
               intreating
               her
               with
               all
               fair
               words
               to
               stay
               ,
               
                 l.
                 B.
                 f.
              
               82.
               
            
             
               To
               the
               third
               Charge
               ,
               That
               I
               had
               given
               her
               foul
               Diseases
               ,
               (
               meaning
               the
               Pox
               )
               't
               was
               not
               only
               Deposed
               ,
               that
               I
               was
               then
               free
               ,
               but
               upon
               the
               Search
               of
               my
               Body
               ,
               (
               which
               I
               voluntarily
               did
               desire
               might
               be
               done
               by
               able
               and
               honest
               Physicians
               )
               but
               there
               was
               not
               the
               least
               Sign
               or
               Symptom
               that
               I
               ever
               had
               that
               foul
               Disease
               .
               
                 l.
                 B.
                 f.
              
               35
               ,
               36.
               
                 l.
                 C.
                 f.
              
               4.
               
               And
               at
               that
               time
               that
               this
               was
               reported
               ,
               she
               her self
               was
               free
               from
               it
               ,
               
                 l.
                 B.
                 f.
              
               37.
               
            
             
               And
               for
               my
               further
               Vindication
               herein
               ,
               I
               beseech
               your
               Highness
               to
               read
               but
               these
               two
               Certificates
               under
               Oath
               of
               three
               eminent
               Doctors
               ,
               and
               one
               Chyrurgion
               ;
               the
               President
               of
               the
               College
               of
               London
               ,
               Dr.
               Pruican
               ,
               Dr.
               Wedderburn
               ,
               Dr.
               Nurse
               ,
               and
               Mr.
               Boon
               .
            
             
               
                 
                 
                   WE
                   whose
                   Names
                   are
                   hereunto
                   subscribed
                   ,
                   do
                   certifie
                   ,
                   That
                   
                     Thomas
                     Ivie
                  
                   
                     Esq
                  
                   (
                   upon
                   a
                   scandalous
                   Petition
                   exhibited
                   against
                   him
                   by
                   Theodosia
                   his
                   Wife
                   )
                   that
                   he
                   had
                   infected
                   her
                   with
                   that
                   soul
                   Disease
                   the
                   Pox
                   (
                   as
                   the
                   said
                   Mr.
                   Ivie
                   informed
                   us
                   )
                   did
                   desire
                   us
                   ,
                   and
                   voluntary
                   offer
                   himself
                   to
                   be
                   searched
                   by
                   us
                   concerning
                   the
                   same
                   .
                   Whereupon
                   ,
                   upon
                   search
                   ,
                   and
                   view
                   ,
                   had
                   of
                   his
                   naked
                   Body
                   ,
                   we
                   find
                   ,
                   That
                   Mr.
                   Ivie
                   is
                   not
                   only
                   free
                   from
                   the
                   said
                   Disease
                   ,
                   but
                   so
                   free
                   from
                   it
                   ,
                   that
                   we
                   cannot
                   perceive
                   that
                   he
                   was
                   ever
                   tainted
                   therewith
                   .
                   Witness
                   our
                   hands
                   ,
                
                 
                   
                     London
                     
                       30
                       May
                       ,
                       1651
                    
                  
                   
                     
                       
                         
                           Francis
                           Pruiean
                        
                         ,
                         President
                         of
                         the
                         College
                         of
                         Physicians
                         in
                         London
                         .
                      
                       
                         
                           Thomas
                           Nurse
                        
                         ,
                         M.D.
                         
                      
                       
                         
                           Hen.
                           Boon
                        
                         ,
                         Chyrurgion
                         .
                      
                    
                  
                
              
            
             
               
                 
                   WE
                   whose
                   Names
                   are
                   hereunto
                   subscribed
                   ,
                   do
                   certifie
                   ,
                   That
                   about
                   the
                   Month
                   of
                   June
                   last
                   1650.
                   upon
                   the
                   scandalous
                   report
                   published
                   of
                   
                     Thomas
                     Ivie
                  
                   
                     Esq
                  
                   who
                   lately
                   before
                   had
                   married
                   Theodosia
                   Daughter
                   of
                   
                     John
                     Stepkins
                  
                   
                     Esq
                  
                   that
                   he
                   had
                   the
                   soul
                   Disease
                   of
                   the
                   Pox
                   ,
                   and
                   had
                   given
                   it
                   unto
                   his
                   Wife
                   ,
                   That
                   at
                   the
                   request
                   of
                   the
                   said
                   Mr.
                   Ivie
                   ,
                   by
                   Examinations
                   and
                   Answers
                   given
                   by
                   him
                   ,
                   and
                   others
                   having
                   Interest
                   ,
                   we
                   did
                   find
                   that
                   the
                   said
                   Mr.
                   Ivie
                   was
                   clear
                   of
                   the
                   same
                   Disease
                   ,
                   and
                   had
                   no
                   Symptoms
                   or
                   Token
                   thereof
                   .
                   Also
                   we
                   (
                   upon
                   Examination
                   of
                   the
                   said
                   Mr.
                   Ivie
                   )
                   did
                   find
                   him
                   to
                   be
                   clear
                   of
                   the
                   said
                   Disease
                   at
                   that
                   time
                   ,
                   Witness
                   our
                   hands
                   ,
                
                 
                   
                     London
                     
                       30
                       May
                       ,
                       1651.
                       
                    
                  
                   
                     
                       
                         
                           Thomas
                           Nurse
                        
                         ,
                         M.
                         D.
                         
                      
                       
                         
                           Jo.
                           Wedderburne
                        
                         ,
                         M.
                         D.
                         
                      
                       
                         
                           Hen.
                           Boon
                        
                         ,
                         Chyrurgion
                         .
                      
                    
                  
                
              
            
             
               Besides
               all
               this
               (
               that
               there
               might
               be
               nothing
               wanting
               to
               make
               out
               the
               Integrity
               of
               my
               Soul
               ,
               and
               the
               Clearness
               of
               my
               Conscience
               ,
               before
               all
               the
               World
               )
               I
               did
               voluntarily
               (
               for
               the
               Court
               compels
               none
               in
               these
               Cases
               to
               return
               an
               answer
               upon
               Oath
               )
               make
               this
               Affidavit
               before
               a
               Master
               in
               Chancery
               ,
               and
               at
               the
               next
               opportunity
               of
               participating
               of
               the
               Sacrament
               ,
               immediately
               before
               I
               touched
               those
               Sacred
               Elements
               ,
               did
               declare
               and
               avouch
               the
               Oath
               ,
               which
               I
               had
               taken
               ,
               to
               be
               unfeignedly
               true
               ,
               without
               any
               Equivocation
               ,
               or
               mental
               Reservation
               whatsoever
               ;
               and
               did
               thereupon
               print
               and
               publish
               it
               to
               the
               World
               ,
               as
               followeth
               .
            
             
               
                 
                   Thomas
                   Ivie
                   of
                   Malmsbury
                   
                     in
                     the
                     County
                     of
                  
                   Wilts
                   ,
                   
                     Esquire
                     ,
                     and
                     Husband
                     to
                  
                   Theodosia
                   Ivie
                   ,
                   
                     late
                     Widdow
                     of
                  
                   George
                   Garret
                   
                     deceased
                     ,
                     and
                     Daughter
                     of
                  
                   John
                   Stepkins
                   
                     Esquire
                     ,
                     deceased
                     ,
                     maketh
                     Oath
                     ,
                  
                   &c.
                   
                
                 
                   HAving
                   often
                   with
                   Grief
                   and
                   Anguish
                   of
                   Mind
                   ,
                   considered
                   those
                   many
                   Scandals
                   and
                   Aspersions
                   which
                   have
                   been
                   laid
                   upon
                   me
                   by
                   my
                   own
                   Wife
                   ,
                   from
                   whom
                   my
                   Soul
                   once
                   expected
                   as
                   much
                   Happiness
                   ,
                   as
                   could
                   be
                   hoped
                   for
                   in
                   a
                   Conjugal
                   Estate
                   ;
                   and
                   finding
                   how
                   easie
                   the
                   Minds
                   of
                   many
                   Persons
                   ,
                   and
                   those
                   of
                   Quality
                   too
                   ,
                   have
                   been
                   ,
                   not
                   only
                   to
                   give
                   an
                   Ear
                   ,
                   but
                   a
                   Faith
                   also
                   ,
                   to
                   those
                   abominable
                   Reports
                   ,
                   which
                   she
                   and
                   her
                   Abertors
                   have
                   raised
                   and
                   fomented
                   ,
                   utterly
                   to
                   abolish
                   (
                   if
                   in
                   their
                   power
                   )
                   my
                   Reputation
                   ,
                   either
                   as
                   a
                   Gentleman
                   ,
                   or
                   a
                   Christian
                   ;
                   both
                   which
                   (
                   I
                   trust
                   )
                   have
                   been
                   honourably
                   preserved
                   with
                   much
                   Constancy
                   and
                   Fidelity
                   amongst
                   thousands
                   of
                   Persons
                   in
                   those
                   places
                   where
                   I
                   have
                   had
                   long
                   abode
                   ;
                   lest
                   I
                   might
                   be
                   adjudged
                   guilty
                   in
                   those
                   things
                   ,
                   which
                   are
                   only
                   private
                   to
                   our selves
                   ,
                   and
                   which
                   cannot
                   admit
                   of
                   any
                   Proof
                   or
                   Witness
                   on
                   either
                   side
                   ,
                   her
                   personal
                   and
                   single
                   Affirmation
                   ,
                   being
                   the
                   only
                   Argument
                   to
                   induce
                   the
                   World
                   to
                   the
                   belief
                   of
                   so
                   vile
                   and
                   inhumane
                   Actions
                   ;
                   I
                   have
                   thought
                   it
                   most
                   necessary
                   ,
                   besides
                   these
                   Proofs
                   which
                   are
                   taken
                   in
                   Chancery
                   ,
                   to
                   vindicate
                   my
                   Innocency
                   ,
                   not
                   only
                   with
                   a
                   bare
                   Negation
                   ,
                   but
                   with
                   such
                   a
                   one
                   as
                   is
                   ratified
                   with
                   the
                   Solemnity
                   of
                   an
                   Oath
                   :
                   This
                   I
                   do
                   the
                   rather
                   ,
                   because
                   in
                   these
                   unhappy
                   Cases
                   between
                   the
                   Husband
                   and
                   the
                   Wife
                   ,
                   the
                   Answers
                   which
                   are
                   returned
                   to
                   the
                   Petition
                   ,
                   are
                   not
                   deposed
                   to
                   ,
                   as
                   in
                   other
                   Proceedings
                   in
                   Chancery
                   ,
                   neither
                   can
                   I
                   content
                   my self
                   to
                   stop
                   here
                   ,
                   but
                   am
                   willing
                   to
                   give
                   the
                   highest
                   Satisfaction
                   that
                   a
                   Christian
                   can
                   expect
                   on
                   Earth
                   ,
                   and
                   shall
                   therefore
                   choose
                   such
                   a
                   time
                   as
                   the
                   receiving
                   of
                   the
                   most
                   precious
                   Body
                   and
                   Blood
                   of
                   my
                   Saviour
                   Jesus
                   Christ
                   (
                   of
                   which
                   with
                   all
                   Humility
                   this
                   day
                   ,
                   having
                   strictly
                   examined
                   my
                   own
                   Heart
                   ,
                   I
                   intend
                   to
                   participate
                   )
                   as
                   to
                   declare
                   my
                   Innocency
                   thereupon
                   to
                   those
                   principal
                   points
                   which
                   are
                   objected
                   unto
                   me
                   by
                   my
                   Wife
                   :
                   Were
                   there
                   any
                   other
                   Waters
                   of
                   Tryal
                   under
                   the
                   Gospel
                   ,
                   as
                   there
                   was
                   under
                   the
                   Law
                   ,
                   I
                   could
                   most
                   safely
                   adventure
                   the
                   drinking
                   of
                   them
                   to
                   clear
                   my self
                   before
                   the
                   World
                   :
                   But
                   this
                   ,
                   I
                   hope
                   ,
                   will
                   give
                   a
                   plenary
                   Satisfaction
                   to
                   all
                   Godly
                   and
                   Consciencious
                   Persons
                   ,
                   who
                   (
                   if
                   ever
                   )
                   will
                   give
                   Credit
                   to
                   the
                   words
                   of
                   an
                   afflicted
                   Spirit
                   ,
                   will
                   now
                   do
                   it
                   ,
                   after
                   such
                   a
                   solemn
                   sort
                   .
                
                 
                   And
                   I
                   do
                   first
                   upon
                   my
                   Oath
                   say
                   and
                   affirm
                   ,
                   that
                   I
                   have
                   been
                   so
                   far
                   from
                   Acting
                   and
                   Committing
                   that
                   foul
                   Sin
                   of
                   Sodomy
                   upon
                   her
                   Body
                   ,
                   that
                   I
                   never
                   had
                   within
                   my
                   Breast
                   the
                   least
                   inclination
                   or
                   desire
                   to
                   so
                   vile
                   and
                   abominable
                   a
                   thing
                   ;
                   neither
                   did
                   I
                   ever
                   attempt
                   to
                   perswade
                   her
                   by
                   fair
                   Words
                   and
                   Inticements
                   ,
                   or
                   to
                   move
                   her
                   by
                   Threats
                   ,
                   or
                   ever
                   used
                   the
                   least
                   force
                   or
                   struggling
                   with
                   her
                   to
                   compass
                   any
                   such
                   Base
                   or
                   Heathenish
                   Design
                   ,
                   as
                   the
                   most
                   falsly
                   and
                   opprobriously
                   charged
                   me
                   with
                   .
                
                 
                   And
                   moreover
                   ,
                   whereas
                   on
                   a
                   certain
                   night
                   she
                   was
                   necessitated
                   ,
                   in
                   Preservation
                   of
                   her
                   Life
                   ,
                   as
                   she
                   had
                   suggested
                   to
                   the
                   Lords
                   Commissioners
                   ,
                   and
                   several
                   others
                   ,
                   to
                   leap
                   out
                   of
                   the
                   Bed
                   from
                   me
                   ,
                   to
                   cry
                   out
                   ,
                   
                     Murther
                     ,
                     Murther
                  
                   ;
                   alleging
                   ,
                   that
                   I
                   offered
                   Violence
                   unto
                   her
                   by
                   pinching
                   ,
                   beating
                   ,
                   and
                   striking
                   :
                   Now
                   I
                   do
                   protest
                   and
                   depose
                   before
                   Almighty
                   God
                   ,
                   that
                   this
                   was
                   done
                   without
                   any
                   such
                   Provocation
                   ,
                   even
                   in
                   the
                   least
                   measure
                   ;
                   Nay
                   at
                   the
                   same
                   time
                   ,
                   while
                   she
                   was
                   attempting
                   to
                   leave
                   my
                   House
                   ,
                   and
                   running
                   to
                   her
                   Fathers
                   ,
                   I
                   used
                   all
                   the
                   friendly
                   and
                   kind
                   Perswasions
                   which
                   I
                   could
                   express
                   to
                   detain
                   her
                   ,
                   and
                   only
                   holding
                   her
                   by
                   the
                   Arm
                   ,
                   without
                   the
                   least
                   hurt
                   as
                   I
                   believe
                   ,
                   I
                   often
                   repeated
                   my
                   hearty
                   Solicitations
                   unto
                   her
                   to
                   remain
                   with
                   me
                   :
                   But
                   I
                   do
                   really
                   believe
                   ,
                   upon
                   the
                   consideration
                   of
                   several
                   Circumstances
                   and
                   Passages
                   since
                   that
                   time
                   ,
                   that
                   both
                   her
                   Out-cry
                   ,
                   and
                   her
                   Subsequent
                   Behaviour
                   was
                   design'd
                   before
                   that
                   
                   night
                   .
                   If
                   any
                   thing
                   at
                   that
                   time
                   might
                   be
                   look'd
                   on
                   as
                   a
                   shadow
                   to
                   justifie
                   her
                   Proceedings
                   ,
                   it
                   was
                   this
                   ,
                   That
                   a
                   little
                   before
                   she
                   leap'd
                   out
                   of
                   the
                   Bed
                   (
                   amongst
                   other
                   Discourses
                   )
                   I
                   intimated
                   a
                   Dislike
                   of
                   her
                   Carriage
                   ,
                   which
                   was
                   observed
                   by
                   others
                   ,
                   towards
                   one
                   who
                   pretended
                   to
                   be
                   her
                   Physician
                   ;
                   This
                   ,
                   and
                   this
                   only
                   ,
                   was
                   all
                   the
                   Cause
                   and
                   Occasion
                   (
                   if
                   this
                   be
                   any
                   )
                   of
                   her
                   forsaking
                   me
                   at
                   that
                   time
                   .
                   And
                   for
                   all
                   other
                   times
                   whatsoever
                   ,
                   I
                   do
                   affirm
                   upon
                   Oath
                   ,
                   that
                   I
                   never
                   gave
                   her
                   the
                   least
                   stroak
                   in
                   my
                   Life
                   ,
                   or
                   ever
                   did
                   so
                   much
                   as
                   pinch
                   her
                   in
                   Jest
                   ,
                   to
                   the
                   best
                   of
                   my
                   remembrance
                   ,
                   or
                   did
                   ever
                   directly
                   or
                   indirectly
                   ,
                   let
                   fall
                   from
                   my
                   mouth
                   any
                   kinds
                   of
                   Threats
                   whatsoever
                   .
                
                 
                   And
                   I
                   do
                   further
                   Swear
                   ,
                   That
                   until
                   such
                   time
                   as
                   she
                   exhibited
                   that
                   foul
                   and
                   scandalous
                   Petition
                   to
                   the
                   Lords
                   Commissioners
                   ,
                   that
                   I
                   lov'd
                   her
                   unfeignedly
                   ,
                   respected
                   and
                   esteemed
                   her
                   above
                   all
                   Creatures
                   in
                   the
                   World
                   ;
                   and
                   as
                   I
                   laid
                   down
                   my
                   Fortune
                   at
                   her
                   feet
                   when
                   I
                   first
                   married
                   her
                   ,
                   so
                   would
                   I
                   have
                   laid
                   down
                   my
                   Life
                   too
                   ,
                   for
                   her
                   Good
                   and
                   Preservation
                   .
                   Nay
                   ,
                   I
                   do
                   allege
                   further
                   upon
                   my
                   Oath
                   ,
                   that
                   notwithstanding
                   that
                   scandalous
                   and
                   false
                   Petition
                   exhibited
                   against
                   me
                   in
                   pursuance
                   of
                   her
                   malicious
                   Designs
                   ,
                   she
                   had
                   examined
                   Witnesses
                   to
                   defame
                   me
                   ;
                   yet
                   out
                   of
                   Christian
                   and
                   tender
                   Consideration
                   of
                   the
                   Relation
                   wherein
                   I
                   stood
                   towards
                   her
                   ,
                   as
                   a
                   Husband
                   ,
                   I
                   was
                   willing
                   from
                   my
                   Heart
                   ,
                   and
                   did
                   endeavour
                   (
                   by
                   the
                   several
                   means
                   of
                   Persons
                   of
                   Quality
                   ,
                   allied
                   both
                   to
                   my self
                   and
                   her
                   )
                   to
                   compose
                   all
                   Differences
                   ,
                   that
                   we
                   might
                   for
                   the
                   future
                   Cohabit
                   together
                   in
                   Peace
                   and
                   Content
                   ;
                   and
                   not
                   to
                   regard
                   any
                   Aspersions
                   which
                   she
                   and
                   all
                   her
                   Witnesses
                   ,
                   being
                   there
                   examined
                   ,
                   had
                   cast
                   upon
                   me
                   ,
                   not
                   to
                   retaliate
                   in
                   the
                   least
                   measure
                   ,
                   still
                   deferring
                   the
                   Examination
                   of
                   my
                   Witnesses
                   against
                   her
                   ,
                   and
                   attending
                   whether
                   it
                   would
                   please
                   the
                   Lord
                   to
                   give
                   her
                   a
                   sight
                   of
                   the
                   Error
                   of
                   her
                   way
                   ,
                   and
                   to
                   return
                   her
                   home
                   to
                   her
                   Husband
                   ,
                   who
                   was
                   most
                   willing
                   to
                   receive
                   her
                   .
                
                 
                   As
                   to
                   that
                   Aspersion
                   cast
                   upon
                   me
                   ,
                   That
                   I
                   committed
                   Folly
                   with
                   her
                   Servant
                   
                     Iane
                     Gilbert
                  
                   ,
                   though
                   I
                   need
                   not
                   say
                   much
                   to
                   it
                   ,
                   the
                   Maid
                   her self
                   ,
                   and
                   other
                   credible
                   Witnesses
                   ,
                   having
                   clear'd
                   me
                   in
                   that
                   point
                   ,
                   both
                   in
                   Court
                   ,
                   and
                   on
                   her
                   Death-bed
                   ;
                   and
                   convinced
                   the
                   World
                   of
                   the
                   horrid
                   and
                   unheard-of
                   Practices
                   of
                   her
                   and
                   her
                   Abertors
                   ,
                   in
                   abusing
                   and
                   exposing
                   the
                   Body
                   of
                   the
                   said
                   Iane
                   to
                   the
                   View
                   and
                   Search
                   of
                   several
                   Men
                   ,
                   and
                   suborning
                   her
                   to
                   give
                   in
                   Testimony
                   against
                   me
                   ;
                   yet
                   that
                   the
                   World
                   may
                   know
                   the
                   Integrity
                   of
                   my
                   Soul
                   in
                   this
                   also
                   ,
                   I
                   do
                   further
                   Swear
                   ,
                   That
                   I
                   never
                   entertain'd
                   within
                   me
                   the
                   least
                   thought
                   of
                   corrupting
                   her
                   Chastity
                   ,
                   or
                   did
                   ever
                   commit
                   any
                   unlawful
                   or
                   dishonourable
                   Action
                   with
                   her
                   ,
                   from
                   the
                   time
                   I
                   knew
                   her
                   to
                   this
                   day
                   .
                
                 
                   And
                   lastly
                   ,
                   Whereas
                   I
                   am
                   charged
                   by
                   my
                   Wife
                   to
                   have
                   suborned
                   several
                   Witnesses
                   against
                   her
                   ,
                   and
                   particularly
                   one
                   Holdsworth
                   ;
                   I
                   call
                   the
                   Lord
                   to
                   bear
                   me
                   Record
                   in
                   this
                   also
                   ,
                   and
                   do
                   upon
                   my
                   Oath
                   affirm
                   ,
                   That
                   I
                   did
                   never
                   directly
                   or
                   indirectly
                   ,
                   procure
                   any
                   Witnesses
                   against
                   her
                   to
                   testifie
                   farther
                   than
                   the
                   truth
                   of
                   the
                   thing
                   ,
                   what
                   he
                   or
                   she
                   would
                   knowingly
                   and
                   safely
                   ,
                   without
                   breach
                   of
                   Faith
                   or
                   good
                   Conscience
                   ,
                   Depose
                   .
                
                 
                   True
                   it
                   is
                   ,
                   that
                   Holdsworth
                   being
                   imployed
                   as
                   a
                   Bayliff
                   to
                   arrest
                   me
                   at
                   the
                   Suit
                   of
                   my
                   Wifes
                   Taylor
                   ,
                   for
                   a
                   considerable
                   Sum
                   of
                   Money
                   ,
                   which
                   she
                   her self
                   was
                   indebted
                   for
                   ,
                   and
                   behaving
                   himself
                   civilly
                   towards
                   me
                   ,
                   I
                   gave
                   him
                   five
                   Shillings
                   ,
                   and
                   for
                   no
                   other
                   end
                   or
                   purpose
                   ;
                   And
                   upon
                   my
                   Oath
                   ,
                   I
                   protest
                   ,
                   that
                   I
                   never
                   had
                   any
                   such
                   Communication
                   or
                   Discourse
                   with
                   the
                   said
                   Holdsworth
                   ,
                   to
                   any
                   such
                   intent
                   or
                   purpose
                   ,
                   as
                   he
                   hath
                   most
                   maliciously
                   deposed
                   against
                   me
                   .
                
                 
                   
                     Thomas
                     Ivie
                     .
                  
                   
                     Sworn
                     
                       
                         August
                         the
                      
                       4
                       th
                       1652.
                       
                    
                  
                   
                     Thomas
                     Benet
                     .
                  
                
                 
                   
                     WE
                     whose
                     Names
                     are
                     hereunto
                     subscribed
                     ,
                     do
                     Certifie
                     that
                     this
                     is
                     a
                     true
                     Copy
                     of
                     the
                     Oath
                     ,
                     which
                     Mr.
                     
                       Thomas
                       Ivie
                    
                     did
                     take
                     before
                     Dr.
                     Bener
                     ,
                     a
                     Master
                     in
                     Chancery
                     ,
                     which
                     also
                     he
                     avouched
                     to
                     be
                     truth
                     before
                     and
                     after
                     his
                     receiving
                     of
                     the
                     Sacrament
                     ,
                     which
                     he
                     received
                     since
                     his
                     last
                     dangerous
                     Sickness
                     :
                     As
                     witness
                     our
                     hands
                     the
                     5th
                     of
                     
                       August
                       1652.
                    
                     
                  
                   
                     
                       
                         
                           
                             Nic.
                             Bernard
                          
                           ,
                           Doctor
                           of
                           Divinity
                           .
                        
                         
                           
                             John
                             Baber
                          
                           ,
                           Doctor
                           of
                           Physick
                           .
                        
                      
                    
                  
                
              
            
             
               Thus
               much
               (
               and
               I
               think
               more
               cannot
               be
               expected
               or
               done
               by
               a
               Man
               )
               was
               offered
               for
               my
               personal
               Vindication
               ;
               and
               that
               it
               may
               be
               visible
               unto
               your
               Highness
               ,
               with
               what
               Persons
               I
               have
               dealt
               withal
               :
               I
               shall
               summarily
               recite
               the
               heads
               of
               those
               Proofs
               ,
               which
               were
               made
               concerning
               this
               Wife
               who
               begged
               Alimony
               ;
               and
               shew
               your
               Highness
               the
               blazing
               Star
               ,
               which
               enlightned
               her
               in
               these
               destructive
               ways
               to
               both
               our
               Ruins
               (
               I
               mean
               her
               Aunt
               Williamson
               )
               concerning
               whom
               't
               was
               Sworn
               ,
            
             
               That
               Mrs.
               Williamson
               did
               ever
               abuse
               Mr.
               Ivie
               ,
               and
               was
               an
               Incendiary
               between
               him
               and
               his
               Wife
               ,
               and
               the
               chief
               Causer
               and
               Promoter
               of
               the
               Differences
               and
               Breaches
               between
               them
               ,
               
                 l.
                 A.f.
                 C.l.f.
              
               79.
               
                 l.
                 C.f.
              
               18.
               f.
               19.27,38
               .
            
             
               That
               Mrs.
               Williamson
               perswaded
               Mrs.
               Ivie
               not
               to
               go
               into
               the
               Country
               with
               her
               Husband
               ,
               
                 l.
                 A.
                 f.
              
               60
               ,
            
             
               That
               Mrs.
               Williamson
               several
               times
               spoke
               scandalous
               ,
               opprobrious
               ,
               and
               disdainful
               Speeches
               (
               against
               Mr.
               Ivie
               )
               ▪
               to
               his
               Wife
               ,
               
                 l.
                 A.f.
              
               51.
               
                 l.
                 B.f.
              
               12.
               
            
             
               That
               Mrs.
               Williamson
               said
               Mr.
               Ivie
               had
               the
               Pox
               ,
               and
               had
               given
               his
               Wife
               the
               Pox
               ,
               
                 l.
                 A.
              
               f.52
               .
               l.
               3.
               f.
               13
               ,
               14.
               
            
             
               That
               Mrs.
               Williamson
               reported
               that
               Mr.
               Ivie
               had
               bugger'd
               his
               Wife
               ,
               
                 l.
                 A.
                 f.
              
               52.
               
            
             
               That
               Mrs.
               Williamson
               reported
               ,
               that
               he
               had
               got
               
                 Iane
                 Gilbert
              
               (
               his
               Wifes
               Servant
               )
               with
               Child
               ,
               ib.
               
            
             
               That
               Mrs.
               Williamson
               told
               Mr.
               Ivie
               (
               who
               by
               reason
               of
               her
               ill
               name
               had
               forbid
               his
               Wife
               to
               keep
               her
               company
               )
               that
               she
               would
               keep
               his
               Wife
               company
               in
               spight
               of
               his
               Teeth
               ,
               
                 l.
                 A.f.
              
               60.
               59.
               
            
             
               That
               Mrs.
               Williamson
               told
               Mrs.
               Ivie
               ,
               that
               when
               she
               was
               separated
               from
               her
               Husband
               ,
               she
               would
               enforce
               Alimony
               from
               her
               Husband
               for
               her
               ,
               
                 l.
                 A.
                 f.
              
               61.
               
            
             
               That
               Mrs.
               Williamson
               told
               Mrs.
               Ivie
               ,
               that
               when
               she
               was
               separated
               from
               her
               Husband
               ,
               they
               would
               live
               together
               ,
               
                 l.
                 A.f.
              
               62.
               
            
             
               That
               Mrs.
               Williamson
               brought
               to
               Mrs.
               Ivie
               a
               lock
               of
               Snelling's
               Hair
               ,
               
                 l.
                 B.
                 fol.
              
               27.
               of
               which
               she
               made
               a
               Bracelet
               ,
               set
               it
               with
               Ribbans
               ,
               and
               wore
               it
               on
               her
               wrist
               ,
               
                 l.
                 C.f.
              
               29.
               
            
             
             
               That
               Mrs.
               Williamson
               bid
               her
               wear
               it
               next
               her
               heart
               ,
               
                 l.
                 B.
                 f
              
               30.
               
            
             
               That
               Mrs.
               Williamson
               encouraged
               Mrs.
               Ivie
               to
               give
               her
               Husband
               base
               language
               ,
               
                 l.
                 C.
                 f.
              
               31.
               and
               told
               her
               ,
               she
               did
               well
               therein
               ,
               
                 l.
                 C.
                 f.
              
               32.
               
            
             
               That
               Mrs
               Ivy
               relating
               ,
               how
               She
               had
               given
               her
               Husband
               ill
               words
               ,
            
             
               Mrs.
               Williamson
               run
               unto
               her
               ,
               and
               told
               her
               't
               was
               well
               done
               ,
               
                 l.
                 C.
                 f.
              
               33.
               
            
             
               That
               Mrs.
               Williamson
               received
               the
               Goods
               ,
               which
               were
               embezlled
               from
               Mr.
               Ivy
               by
               his
               Wife
               ,
               
                 l.
                 B.
                 f.
              
               40.
               
            
             
               That
               Mrs.
               Williamson
               sollicitated
               Mrs.
               Ivy
               ,
               to
               let
               Snelling
               lie
               down
               with
               her
               on
               a
               Bed
               ;
               (
               and
               when
               she
               had
               effected
               it
               )
               went
               out
               of
               the
               Chamber
               ;
               and
               left
               M.
               Wheatly
               to
               keep
               the
               door
               ,
               
                 l.
                 C.
                 f.
              
               43
               ,
               44
               ,
               45.
               
            
             
               That
               Mrs.
               Williamson
               encouraged
               Mrs.
               Ivy
               ,
               not
               to
               give
               any
               Accounts
               of
               moneys
               which
               She
               had
               received
               from
               her
               Husband
               ;
               Telling
               her
               ,
               what
               was
               her
               Husbands
               ,
               was
               her
               own
               ,
               and
               why
               should
               she
               account
               for
               her
               own
               ,
               
                 l.
                 cf.
              
               
               58.
               
                 l.
                 A.
                 f.
              
               61.
               
            
             
               That
               Mrs.
               Williamson
               lived
               in
               a
               house
               of
               ill
               same
               in
               a
               little
               blind
               Alley
               ,
               
                 l.
                 C.f.
              
               72.
               
            
             
               That
               Mrs.
               Williamson
               seldom
               lives
               with
               her
               own
               Husband
               ,
               
                 l.
                 C.
                 f.
              
               79.
               
            
             
               That
               Mrs.
               Williamson
               made
               Snelling
               a
               Favourite
               of
               Mrs.
               Ivies
               ;
               and
               that
               she
               not
               only
               perswaded
               Mrs.
               Ivy
               ,
               but
               cry'd
               out
               unto
               her
               to
               lie
               down
               on
               the
               bed
               with
               the
               said
               
                 Snelling
                 ,
                 I.
                 C.
                 f.
              
               83.
               
            
             
               That
               Mrs.
               Williamson
               called
               Mr.
               Ivy
               Clown
               ,
               and
               Fool
               ;
               and
               advised
               Mrs.
               Ivy
               not
               to
               go
               with
               him
               into
               the
               Country
               ,
               
                 l.
                 C.
                 f.
              
               13.
               
               And
               that
               he
               was
               an
               ugly
               fellow
               ,
               
                 l.
                 C.
                 f.
              
               20.
               
            
             
               That
               Mrs.
               Williamson
               carried
               Letters
               for
               Mrs.
               Ivy
               to
               her
               Gallants
               ,
               
                 l.
                 C.
                 f.
              
               16.
               
            
             
               That
               Mrs.
               Williamson
               said
               ,
               She
               hated
               Mr.
               Ivies
               child
               ,
               because
               't
               was
               his
               ,
               
                 l.
                 C.
                 f.
              
               21.
               
            
             
               That
               Mrs.
               Williamson
               brought
               Mr.
               Snelling
               to
               Mr.
               Ivies
               house
               ,
               after
               he
               had
               forbid
               him
               ,
               
                 l.
                 C.
                 f.
              
               21.
               
            
             
               That
               Mrs.
               Williamson
               (
               the
               very
               next
               day
               after
               Mr.
               Ivie
               married
               his
               said
               Wife
               )
               made
               horns
               and
               mouths
               at
               him
               behind
               his
               back
               ,
               
                 l.
                 C.
                 f.
              
               21.
               
            
             
               That
               Mrs.
               Williamson
               reported
               that
               Mr.
               Ivie
               had
               a
               Whore
               ,
               and
               it
               being
               replyed
               ,
               that
               't
               was
               hard
               to
               prove
               any
               such
               thing
               ;
               she
               answered
               ,
               that
               she
               would
               hire
               a
               Whore
               to
               lie
               with
               him
               ,
               and
               take
               him
               in
               the
               fact
               ,
               and
               so
               obtain
               Alimony
               for
               Mrs.
               
                 Ivie
                 ,
                 l.
                 C.
                 f.
              
               26
               ,
               38.
               
            
             
               That
               when
               Mrs.
               Ivie
               said
               ,
               she
               should
               love
               her
               Husband
               very
               well
               ;
               Mrs.
               Williamson
               replyed
               ,
               that
               if
               she
               should
               love
               her
               Husband
               so
               well
               ,
               they
               should
               be
               all
               undone
               ,
               
                 l.
                 C.
                 f.
              
               26.
               
            
             
               That
               a
               Fortune-woman
               looking
               in
               Mrs.
               Ivies
               hand
               ,
               and
               telling
               her
               ,
               that
               she
               and
               her
               Husband
               should
               live
               long
               together
               ,
               immediately
               thereupon
               Mrs.
               Williamson
               wish'd
               her
               hang'd
               for
               her
               news
               ,
               
                 l.
                 C.
                 f.
              
               25.
               
            
             
               That
               Mrs
               Ivie
               telling
               Mrs.
               Williamson
               ,
               that
               her
               Husband
               gave
               her
               so
               good
               words
               ,
               that
               she
               knew
               not
               what
               to
               do
               ,
               (
               meaning
               ,
               whether
               she
               should
               proceed
               in
               the
               plot
               against
               him
               )
               at
               which
               Mrs.
               Williamson
               answered
               ,
               
                 Hang
                 him
                 Rogue
                 ,
                 Damn
                 him
                 Rogue
                 ,
                 l.
                 A.f.
              
               52.
               
            
             
               How
               horrid
               the
               actions
               of
               this
               Person
               have
               been
               ,
               in
               some
               measure
               is
               laid
               open
               ;
               but
               how
               contagious
               the
               conversation
               (
               of
               this
               monstrous
               and
               unchristian
               wretch
               )
               is
               ,
               will
               be
               too
               sadly
               and
               experimentally
               demonstrated
               by
               these
               following
               Depositions
               concerning
               my
               Wife
               and
               her self
               ;
               about
               whom
               't
               was
               sworn
               .
            
             
               That
               notwithstanding
               the
               great
               Estate
               I
               had
               setled
               upon
               her
               ,
               and
               the
               vast
               summs
               of
               money
               I
               had
               expended
               for
               her
               use
               and
               ornament
               ,
               which
               any
               one
               would
               think
               ,
               (
               had
               been
               enough
               to
               have
               purchased
               a
               common
               Gratitude
               and
               Civility
               to
               a
               Husband
               )
               she
               immediately
               after
               our
               marriage
               slighted
               me
               to
               my
               face
               ,
               never
               returned
               ,
               in
               the
               least
               measure
               ,
               any
               reciprocal
               affection
               ,
               
                 l.
                 A.
                 f.
              
               39.
               
            
             
               
                 1.
                 
                 That
                 immediately
                 after
                 our
                 marriage
                 ,
                 she
                 held
                 correspondency
                 with
                 Sir
                 
                   William
                   Kilegrews
                
                 Son
                 ,
                 under
                 the
                 name
                 of
                 Ornaldo
                 ,
                 called
                 her self
                 
                   Callis
                   ,
                   l.
                   C.f.
                
                 15.
                 
              
               
                 2.
                 
                 That
                 the
                 said
                 Killigrew
                 confessed
                 upon
                 his
                 own
                 Oath
                 four
                 Letters
                 that
                 he
                 had
                 sent
                 her
                 ,
                 and
                 always
                 writ
                 himself
                 Ornaldo
                 ,
                 and
                 her
                 
                   Callis
                   ,
                   Kill
                
                 .
                 own
                 Deposit
                 .
              
               
                 3.
                 
                 That
                 she
                 admitted
                 both
                 Sir
                 
                   William
                   Killigrew
                
                 and
                 his
                 Son
                 her
                 Corrivals
                 ;
                 and
                 that
                 young
                 Killigrew
                 threatned
                 to
                 kill
                 his
                 Father
                 ,
                 and
                 her
                 Husband
                 also
                 ,
                 
                   l.
                   c.f.
                
                 15.
                 
              
               
                 4.
                 
                 That
                 Sir
                 
                   William
                   Killigrew
                
                 chid
                 Mrs.
                 Williamson
                 for
                 suffering
                 his
                 Son
                 to
                 be
                 so
                 familiar
                 with
                 Mrs.
                 
                   Ivie
                   ,
                   l.
                   C.f.
                
                 15.
                 
              
               
                 5.
                 
                 That
                 Mrs.
                 Ivie
                 (
                 under
                 the
                 name
                 of
                 Callis
                 )
                 promised
                 to
                 Ornaldo
                 a
                 Courtesie
                 ,
                 
                   l.
                   C.f.
                
                 15.
                 
              
               
                 6.
                 
                 That
                 Mrs.
                 Williamson
                 was
                 used
                 to
                 carry
                 Letters
                 between
                 them
                 ,
                 
                   l.
                   C.f.
                
                 16.
                 
              
               
                 7.
                 
                 That
                 if
                 Mr.
                 Ivie
                 did
                 carry
                 her
                 into
                 the
                 Country
                 without
                 her
                 consent
                 ,
                 Ornaldo
                 would
                 pistol
                 him
                 ,
                 
                   l.
                   C.
                   f.
                
                 16.
                 
              
               
                 8.
                 
                 That
                 she
                 received
                 Letters
                 ,
                 and
                 held
                 Correspondency
                 with
                 one
                 Mr.
                 Snelling
                 ,
                 whom
                 Mr.
                 Ivie
                 had
                 forbid
                 his
                 Wives
                 Company
                 and
                 house
                 ,
                 and
                 forbad
                 her
                 likewise
                 to
                 receive
                 him
                 ,
                 
                   l.
                   C.
                   f.
                
                 15.
                 
              
               
                 9.
                 
                 That
                 Mrs.
                 Williamson
                 brought
                 in
                 Mr.
                 Snelling
                 to
                 Mr.
                 Ivies
                 house
                 ,
                 (
                 after
                 that
                 he
                 had
                 forbad
                 them
                 both
                 )
                 and
                 Mrs.
                 Ivie
                 received
                 them
                 ,
                 
                   l.
                   C.
                   f.
                
                 2.
                 f.
                 18.
                 
                   l.
                   B.
                
                 79.
                 
              
               
                 10.
                 
                 That
                 Mrs.
                 Ivie
                 went
                 abroad
                 after
                 her
                 Husband
                 was
                 in
                 bed
                 ,
                 to
                 meet
                 Mr.
                 Snelling
                 at
                 Mrs.
                 Williamsons
                 house
                 ;
                 and
                 both
                 Mr.
                 Snelling
                 ,
                 and
                 Mrs.
                 Williamson
                 brought
                 her
                 home
                 to
                 her
                 Husbands
                 door
                 ,
                 which
                 was
                 about
                 12
                 a
                 clock
                 at
                 night
                 ,
                 
                   l.
                   C.f.
                
                 27.
                 
              
               
                 11.
                 
                 That
                 Mrs.
                 Ivie
                 going
                 out
                 of
                 her
                 Bed-chamber
                 after
                 Mr.
                 Ivie
                 was
                 in
                 bed
                 ,
                 and
                 being
                 asked
                 by
                 him
                 whither
                 she
                 was
                 going
                 ?
                 replyed
                 ,
                 that
                 she
                 was
                 retiring
                 to
                 her
                 devotion
                 ,
                 but
                 went
                 to
                 Mrs.
                 
                   Williamson
                   ,
                   l.
                   C.
                   f.
                
                 25.
                 
              
               
                 12.
                 
                 That
                 she
                 was
                 with
                 Mrs.
                 Williamson
                 and
                 Snelling
                 ,
                 (
                 who
                 lay
                 there
                 by
                 the
                 name
                 of
                 Clerk
                 )
                 a
                 whole
                 day
                 ,
                 at
                 the
                 Sugar-Loaf
                 in
                 Long-Acre
                 (
                 a
                 inspected
                 house
                 ,
                 )
                 
                   l.
                   C.f.
                
                 11.
                 
                   l.
                   C.f.
                
                 25.
                 
              
               
                 13.
                 
                 That
                 she
                 was
                 frequently
                 conversant
                 with
                 
                   Snelling
                   ,
                   l.
                   C.f.
                
                 74.
                 f.
                 22.
                 
              
               
                 14.
                 
                 That
                 Mrs.
                 Ivie
                 met
                 with
                 Snelling
                 at
                 a
                 Cooks
                 house
                 of
                 ill
                 Report
                 in
                 a
                 blind
                 Alley
                 in
                 St.
                 Martins
                 Lane
                 ,
                 
                   l.
                   C.
                   f
                
                 76.
                 
              
               
                 15.
                 
                 That
                 Mrs.
                 Ivie
                 lodged
                 and
                 abode
                 there
                 ,
                 out
                 of
                 her
                 husbands
                 house
                 ,
                 many
                 days
                 and
                 nights
                 together
                 ,
                 
                   l.
                   C.
                   f.
                
                 72.
                 
              
               
                 16.
                 
                 That
                 she
                 refused
                 to
                 return
                 to
                 her
                 Husband
                 ,
                 when
                 he
                 sent
                 for
                 her
                 ,
                 
                   l.
                   C.
                   f.
                
                 73.
                 
              
               
                 
                 17.
                 
                 That
                 she
                 being
                 asked
                 by
                 her
                 Husband
                 at
                 any
                 time
                 (
                 when
                 she
                 returned
                 home
                 )
                 where
                 she
                 had
                 been
                 ,
                 refused
                 to
                 answer
                 ,
                 
                   l.
                   C.f.
                
                 77.
                 
              
               
                 18.
                 
                 That
                 Snelling
                 had
                 spent
                 a
                 1000
                 l.
                 on
                 Mrs
                 Ivie
                 ,
                 and
                 Mrs
                 
                   Williamson
                   ,
                   B.f.
                
                 26.
                 
              
               
                 19.
                 
                 That
                 Snelling
                 came
                 up
                 into
                 Mr.
                 Ivies
                 Bed
                 Chamber
                 with
                 a
                 Pistol
                 in
                 his
                 Pocket
                 ,
                 and
                 questioned
                 him
                 (
                 before
                 his
                 Wife
                 )
                 for
                 forbidding
                 him
                 his
                 House
                 ,
                 
                   l.
                   C.
                   f.
                
                 23.
                 
                 
                   That
                   Snelling
                   would
                   defend
                   her
                   with
                   Pen
                   and
                   Sword
                   ,
                   
                     l
                     C.
                     f.
                  
                   23.
                   
                
              
               
                 20.
                 
                 That
                 Snelling
                 came
                 often
                 to
                 Mrs.
                 Ivie
                 ,
                 when
                 her
                 Husband
                 was
                 out
                 of
                 town
                 ,
                 
                   l.
                   C.
                   f.
                
                 22.
                 
              
               
                 21.
                 
                 That
                 Snelling
                 was
                 frequently
                 private
                 with
                 her
                 in
                 her
                 Bed-Chamber
                 ,
                 
                   l.
                   C.
                   f.
                
                 23.
                 
              
               
                 22.
                 
                 That
                 she
                 lay
                 out
                 of
                 her
                 House
                 ,
                 when
                 her
                 Husband
                 was
                 out
                 of
                 town
                 ,
                 
                   l.
                   A.
                   f.
                
                 40.
                 
              
               
                 23.
                 
                 That
                 when
                 her
                 Husband
                 was
                 out
                 of
                 Town
                 ,
                 she
                 made
                 a
                 great
                 Feast
                 for
                 Mr.
                 Snelling
                 ,
                 Mrs
                 Williamson
                 ,
                 Mrs
                 Wheatly
                 ,
                 Mrs.
                 Nowell
                 ;
                 All
                 three
                 notoriously
                 known
                 to
                 be
                 —
                 
                   l.
                   A.
                   f.
                
                 42.
                 
                 At
                 this
                 time
                 the
                 Plot
                 for
                 Alimony
                 ,
                 and
                 the
                 practices
                 upon
                 
                   Iane
                   Gilbert
                
                 (
                 which
                 cost
                 her
                 ,
                 her
                 life
                 )
                 were
                 in
                 probability
                 contrived
                 .
              
               
                 24.
                 
                 That
                 Mrs.
                 Ivie
                 sent
                 to
                 Lilly
                 ,
                 who
                 (
                 amongst
                 other
                 things
                 )
                 returned
                 this
                 Caution
                 to
                 beware
                 of
                 two
                 Women
                 ,
                 describing
                 Mrs.
                 Williamson
                 ,
                 and
                 her
                 Companion
                 Mrs.
                 
                   Wheatly
                   ,
                   l.
                   A.f.
                
                 57.
                 
              
               
                 25.
                 
                 That
                 she
                 often
                 sent
                 to
                 Fortune-Tellers
                 ,
                 and
                 particularly
                 to
                 one
                 Mrs.
                 Nowell
                 aforesaid
                 (
                 lately
                 Cook
                 maid
                 to
                 my
                 Lady
                 Cunny
                 )
                 
                   l.
                   A.
                   f.
                
                 58.
                 
                   l.
                   C.
                   f.
                
                 33
                 ,
                 34
                 ,
                 35.
                 
                 
                   All
                   that
                   she
                   enquired
                   of
                   these
                   Wizards
                   ,
                   was
                   to
                   know
                   how
                   long
                   I
                   should
                   live
                   .
                
              
               
                 26.
                 
                 That
                 when
                 Mrs.
                 Ivie
                 was
                 separated
                 from
                 her
                 Husband
                 ,
                 then
                 she
                 and
                 Mrs.
                 Williamson
                 would
                 live
                 together
                 ,
                 
                   l.
                   A.f.
                
                 62.
                 
              
               
                 27.
                 
                 That
                 Mrs.
                 Ivie
                 her self
                 laid
                 Copperis
                 in
                 the
                 Window
                 ,
                 and
                 gave
                 out
                 in
                 speeches
                 that
                 her
                 Husband
                 had
                 laid
                 Poyson
                 there
                 ,
                 
                   l.
                   A.f.
                
                 53.
                 
              
               
                 28.
                 
                 That
                 her
                 Chirurgion
                 ,
                 (
                 being
                 asked
                 how
                 she
                 did
                 ,
                 after
                 he
                 had
                 visited
                 her
                 ,
                 )
                 said
                 that
                 her
                 hair
                 came
                 off
                 ,
                 and
                 shook
                 his
                 head
                 ;
                 And
                 that
                 he
                 had
                 made
                 her
                 an
                 Issue
                 ,
                 
                   l.
                   A.f.
                
                 62
                 ,
                 63.
                 
                 
                   This
                   was
                   above
                   six
                   months
                   after
                   she
                   had
                   left
                   me
                   .
                
              
               
                 29.
                 
                 That
                 she
                 immodestly
                 said
                 before
                 two
                 ,
                 
                   viz.
                   Snelling
                
                 and
                 Killigrew
                 ,
                 that
                 her
                 first
                 Husband
                 had
                 done
                 the
                 part
                 of
                 a
                 man
                 ,
                 twelve
                 times
                 the
                 marriage
                 night
                 ,
                 But
                 that
                 this
                 Husband
                 had
                 done
                 but
                 eight
                 .
              
               
                 30.
                 
                 That
                 she
                 was
                 two
                 familiar
                 with
                 her
                 own
                 Father
                 ,
                 his
                 hands
                 were
                 seen
                 under
                 her
                 Coats
                 ,
                 
                   l.
                   C.
                   f.
                
                 18.
                 
              
               
                 31.
                 
                 That
                 Mrs.
                 Ivies
                 Father
                 was
                 often
                 in
                 bed
                 with
                 her
                 ,
                 
                   l.
                   C.
                   f.
                
                 20.
                 
              
               
                 32.
                 
                 That
                 she
                 gave
                 100
                 l.
                 to
                 her
                 Brother
                 ,
                 and
                 promised
                 to
                 keep
                 his
                 Wife
                 ,
                 in
                 case
                 he
                 would
                 murder
                 her
                 Husband
                 ;
                 and
                 procured
                 from
                 the
                 
                   Council
                   of
                   State
                
                 a
                 Pass
                 to
                 carry
                 him
                 beyond
                 Seas
                 ,
                 after
                 the
                 murder
                 was
                 executed
                 .
              
            
             
               This
               was
               proved
               in
               the
               upper
               Bench
               the
               Term
               ,
               before
               my
               Lord
               Chief
               Justice
               Roles
               ;
               and
               she
               was
               Bound
               over
               to
               the
               good
               Behaviour
               :
               The
               Pass
               was
               there
               produced
               ,
               and
               is
               now
               in
               my
               Custody
               .
            
             
               Besides
               these
               short
               intimations
               ,
               many
               foul
               and
               horrid
               stories
               (
               could
               I
               have
               produced
               )
               of
               Designs
               for
               my
               Destruction
               :
               but
               because
               I
               was
               not
               able
               to
               make
               out
               clear
               and
               evident
               proofs
               of
               them
               ,
               I
               was
               unwilling
               either
               to
               trouble
               the
               Court
               ,
               or
               disturb
               my
               own
               thoughts
               ,
               with
               any
               thing
               less
               than
               Realities
               and
               Demonstrations
               .
            
             
               
                 One
                 History
              
               ,
               or
               rather
               a
               Dismal
               Tragedy
               ,
               acted
               by
               my
               Wife
               ,
               Mrs.
               Williamson
               ,
               and
               their
               conspiracy
               ,
               was
               with
               all
               its
               Circumstances
               ,
               so
               clearly
               delineated
               in
               the
               Depositions
               ,
               that
               I
               should
               wrong
               my
               Cause
               ,
               should
               I
               not
               relate
               this
               also
               :
               and
               perhaps
               few
               
               Romance's
               or
               Gusman
               himself
               can
               parallel
               it
               .
            
             
               It
               being
               resolved
               at
               the
               Feast
               ,
               (
               which
               was
               held
               at
               my
               house
               ,
               when
               I
               was
               in
               the
               Country
               )
               by
               my
               Wife
               ,
               Mrs.
               Williamson
               ,
               Mrs.
               VVheatly
               ,
               and
               Mrs.
               Nowells
               (
               being
               the
               Persons
               )
               for
               whom
               that
               Treatment
               provided
               ;
               That
               though
               the
               Scandals
               of
               Sodome
               were
               sufficiently
               high
               ,
               which
               had
               been
               divulged
               against
               me
               ;
               and
               would
               render
               me
               odious
               to
               the
               World
               :
               Yet
               seeing
               't
               was
               but
               a
               matter
               of
               Fact
               between
               us
               two
               in
               private
               ,
               which
               could
               not
               be
               proved
               more
               ,
               than
               by
               her
               single
               affirmation
               ;
               and
               that
               her
               own
               Midwife
               (
               having
               search'd
               her
               for
               that
               very
               purpose
               )
               had
               so
               streight
               a
               Conscience
               ,
               that
               she
               would
               not
               swear
               that
               my
               Wife
               had
               been
               injured
               in
               those
               parts
               ;
               Did
               thereupon
               conclude
               ,
               that
               some
               other
               way
               must
               be
               found
               out
               ,
               which
               might
               admit
               of
               Testimonies
               ;
               otherwise
               ,
               they
               suspected
               ,
               my
               Wife
               could
               hardly
               obtain
               Alimony
               ,
               or
               procure
               a
               separation
               from
               me
               .
            
             
               Hereupon
               it
               seems
               ,
               This
               Plot
               was
               afterwards
               put
               in
               execution
               upon
               
                 Iane
                 Gilbert
              
               :
               It
               s
               proved
               ,
               
                 l.
                 C.
                 f.
              
               115.
               
            
             
               This
               Wench
               they
               picht
               upon
               to
               be
               the
               Instrument
               of
               their
               Design
               ,
               because
               she
               being
               actually
               a
               Servant
               in
               my
               House
               ,
               it
               might
               be
               thought
               very
               easie
               for
               me
               to
               find
               an
               opportunity
               to
               lie
               with
               her
               ;
               and
               being
               also
               of
               a
               sickly
               disposition
               ,
               it
               would
               be
               no
               difficult
               thing
               to
               raise
               a
               suspition
               ,
               that
               she
               might
               possibly
               be
               with
               Child
               ,
               especially
               ,
               being
               not
               well
               recovered
               of
               the
               Dreggs
               of
               the
               Small
               Pox
               ,
               which
               she
               had
               had
               a
               little
               before
               .
            
             
               Hereupon
               Mrs.
               Williamson
               (
               that
               she
               might
               the
               better
               colour
               her
               Intention
               privately
               )
               carried
               this
               Maids
               water
               unto
               one
               ,
               whom
               they
               call
               Trigg
               ,
               a
               Shoo-maker
               (
               as
               I
               have
               heard
               )
               by
               Trade
               ,
               and
               enquired
               of
               him
               ,
               whether
               the
               Party
               that
               made
               this
               Water
               ,
               were
               not
               with
               Child
               ?
            
             
               Trigg
               (
               having
               good
               Instructions
               ,
               and
               doubtless
               a
               large
               Fee
               )
               Ordered
               Mrs.
               VVilliamson
               to
               bring
               the
               said
               
                 Iane
                 Gilbert
              
               unto
               him
               ,
               and
               he
               would
               search
               her
               .
            
             
               At
               her
               return
               home
               to
               my
               Wife
               ,
               there
               was
               a
               new
               consult
               ,
               how
               they
               might
               carry
               the
               Maid
               to
               Trigg
               ,
               and
               make
               her
               willing
               to
               be
               searched
               ?
               leave
               that
               to
               me
               (
               said
               my
               Wife
               )
               and
               immediately
               went
               unto
               
                 Iane
                 Gilbert
              
               ,
               and
               said
               ,
               Ienny
               ,
               my
               Father
               hath
               sent
               for
               my
               Aunt
               VVilliamson
               and
               me
               to
               Breakfast
               to
               morrow
               morning
               ,
               and
               hath
               commanded
               me
               to
               bring
               thee
               with
               us
               ,
               because
               he
               hath
               provided
               a
               Dish
               of
               
                 Milk
                 and
                 Eggs
              
               ,
               that
               which
               he
               knows
               thou
               dost
               dearly
               love
               :
               and
               the
               maid
               little
               suspecting
               any
               mischief
               ,
               couch'd
               under
               this
               pretended
               Kindness
               )
               thank'd
               her
               Mistress
               ;
               but
               by
               reason
               of
               the
               many
               cloaths
               she
               had
               to
               steel
               and
               starch
               against
               the
               Morrow
               ,
               (
               being
               Sabbath-day
               )
               was
               willing
               to
               be
               excused
               :
               Nay
               ,
               Ienny
               ,
               replyed
               my
               Wife
               ,
               you
               must
               and
               shall
               go
               ;
               for
               I
               know
               my
               Father
               will
               be
               angry
               ,
               if
               we
               bring
               you
               not
               .
            
             
             
               So
               a
               Coach
               being
               call'd
               ,
               my
               Wife
               ,
               Mrs.
               VVilliamson
               ,
               and
               the
               Maid
               went
               to
               Mr.
               Stepkins
               house
               ,
               but
               neither
               found
               him
               ,
               nor
               the
               
                 Milk
                 and
                 Eggs
              
               :
               Ah
               ,
               quoth
               Mrs.
               VVilliamson
               ,
               are
               we
               serv'd
               ●o
               ?
               we
               'll
               make
               a
               mornings
               work
               of
               it
               ,
               now
               we
               are
               out
               ;
               methinks
               I
               have
               a
               rumbling
               in
               my
               Guts
               ,
               pray
               let
               us
               go
               to
               Doctor
               Trigg
               ;
               Agreed
               ,
               said
               my
               Wife
               ;
               and
               as
               they
               were
               passing
               from
               Mr.
               Stepkins
               to
               Triggs
               house
               ,
               my
               Wife
               and
               Mr.
               VVilliamson
               (
               being
               very
               frolick
               )
               began
               to
               jest
               with
               the
               said
               
                 Iane
                 Gilbert
              
               ,
               and
               persuaded
               her
               to
               make
               Trigg
               believe
               ,
               she
               was
               a
               new
               married
               Woman
               ,
               and
               so
               that
               would
               put
               a
               Trick
               upon
               the
               Doctor
               his
               skill
               .
            
             
               After
               they
               were
               all
               arrived
               in
               the
               Doctors
               presence
               ,
               Mrs.
               Williamson
               made
               a
               private
               address
               unto
               him
               ,
               and
               pretended
               to
               have
               acquainted
               him
               with
               the
               pain
               in
               her
               Guts
               .
               But
               having
               ended
               her
               Tale
               in
               private
               ,
               What
               think
               you
               ,
               said
               she
               ,
               of
               yonder
               new
               married
               Wife
               ?
               Trigg
               (
               having
               felt
               her
               Pulse
               ,
               and
               bid
               her
               spit
               once
               or
               twice
               )
               told
               her
               ,
               she
               was
               Splenetick
               ,
               Like
               enough
               that
               ,
               quoth
               Mrs.
               Williamson
               ;
               But
               is
               she
               not
               breeding
               Doctor
               ?
               Yes
               ,
               I
               warrant
               you
               ,
               said
               he
               ;
               so
               the
               wench
               turning
               about
               ,
               and
               smiling
               ,
               was
               bid
               go
               out
               by
               Mrs.
               Williamson
               ,
               (
               that
               she
               and
               her
               Mistress
               might
               have
               some
               private
               Discourse
               with
               Trigg
               ,
               about
               the
               Drink
               which
               they
               had
               given
               her
               )
               which
               she
               did
               accordingly
               ,
               whilst
               her
               Mistress
               ,
               Mrs.
               Williamson
               and
               Trigg
               held
               a
               long
               Conference
               together
               ;
               when
               this
               Scene
               was
               over
               ,
               All
               returned
               home
               .
            
             
               About
               three
               or
               four
               days
               after
               the
               said
               
                 Iane
                 Gilbert
              
               ,
               having
               been
               promised
               leave
               by
               my
               Wife
               to
               go
               visit
               her
               Friends
               in
               the
               Country
               ,
               for
               the
               Recovery
               of
               her
               health
               ,
               my
               Wife
               took
               her
               into
               her
               Chamber
               ,
               and
               said
               ,
               Ah
               Ienny
               ,
               But
               I
               have
               somewhat
               more
               to
               tell
               you
               ,
               and
               thereupon
               shut
               the
               Chamber
               door
               ,
               none
               being
               present
               but
               them
               two
               ,
               and
               Mrs.
               Williamson
               ,
               )
               'T
               is
               commonly
               reported
               ,
               Ienny
               ,
               quoth
               my
               Wife
               ,
               that
               you
               are
               with
               Child
               ,
               and
               't
               is
               my
               desire
               to
               have
               it
               clear'd
               :
               Tush
               ,
               said
               Mrs.
               Williamson
               ,
               if
               it
               be
               so
               ,
               I
               warrant
               you
               't
               is
               by
               the
               Best
               in
               the
               house
               ;
               (
               meaning
               my self
               )
               Let
               us
               know
               it
               ,
               for
               we
               can
               ,
               and
               will
               conceal
               it
               ,
               and
               so
               dispose
               things
               ,
               that
               it
               shall
               never
               be
               a
               discredit
               ,
               or
               disgrace
               unto
               her
               ;
               Nay
               ,
               if
               she
               will
               confess
               that
               she
               was
               with
               Child
               ,
               they
               would
               provide
               for
               her
               ;
               But
               said
               they
               ,
               if
               you
               will
               refuse
               to
               let
               us
               know
               it
               ,
               and
               go
               into
               the
               Country
               ,
               we
               will
               Report
               ,
               that
               you
               are
               gone
               to
               take
               some
               Physick
               to
               destroy
               the
               Child
               .
            
             
               The
               Maid
               now
               considering
               what
               snare
               they
               had
               brought
               her
               into
               ,
               by
               going
               to
               Trigg
               ,
               (
               as
               aforesaid
               )
               being
               persuaded
               to
               act
               the
               part
               of
               a
               new
               married
               Woman
               ,
               was
               astonished
               at
               this
               Surprizal
               ,
               and
               cryed
               out
               ,
               the
               Lord
               protect
               me
               ,
               for
               I
               am
               very
               innocent
               from
               any
               such
               thing
               ;
               and
               withal
               my
               heart
               ,
               said
               she
               ,
               will
               I
               do
               any
               thing
               ,
               that
               may
               give
               you
               satisfaction
               ,
               or
               clear
               my self
               from
               this
               Scandal
               .
            
             
               Look
               here
               ,
               saith
               my
               Wife
               to
               her
               ,
               my
               Father
               hath
               sent
               me
               a
               Letter
               ,
               where
               he
               says
               ,
               That
               Doctor
               Trigg
               says
               that
               you
               are
               certainly
               with
               Child
               ;
               and
               if
               you
               will
               not
               confess
               ,
               you
               must
               be
               whipped
               in
               Bridewell
               .
            
             
               As
               they
               were
               thus
               Discoursing
               ,
               (
               often
               intimating
               that
               't
               was
               their
               Design
               to
               make
               this
               Maid
               confess
               her self
               with
               Child
               by
               me
               )
               in
               came
               Mrs.
               Sessions
               ,
               my
               Wives
               Midwife
               ,
               whom
               she
               persuaded
               to
               search
               
                 Iane
                 Gilbert
              
               ,
               which
               she
               willingly
               submitted
               unto
               ;
               and
               the
               Midwife
               (
               in
               her
               presence
               )
               acquitted
               her
               from
               being
               with
               Child
               .
            
             
               Hereupon
               my
               Wife
               commanding
               some
               tears
               from
               her
               Eyes
               ,
               wept
               passionately
               (
               as
               she
               seemed
               )
               and
               breaking
               into
               great
               Passion
               ,
               said
               ,
               Ah
               Ienny
               ,
               have
               I
               loved
               and
               entertained
               thee
               thus
               long
               ,
               been
               as
               kind
               to
               thee
               ,
               and
               as
               tender
               of
               thy
               good
               ,
               as
               if
               thou
               went
               my
               own
               Child
               ,
               and
               canst
               thou
               conceal
               any
               thing
               from
               me
               ?
               Doubtless
               thou
               art
               with
               Child
               ;
               and
               therefore
               come
               ,
               put
               on
               your
               mask
               ,
               for
               you
               shall
               once
               more
               to
               Doctor
               Trigg
               ,
               who
               understands
               these
               things
               better
               than
               any
               Midwife
               ;
               and
               he
               will
               prove
               you
               to
               be
               with
               Child
               :
               And
               that
               you
               may
               not
               think
               I
               have
               any
               Plot
               upon
               you
               ,
               (
               that
               Objection
               was
               very
               strong
               within
               her
               )
               put
               on
               your
               mask
               ,
               (
               that
               the
               Doctor
               may
               not
               know
               your
               face
               again
               )
               and
               fetch
               your
               Water
               ;
               and
               Mrs.
               Sessions
               shall
               go
               with
               you
               .
            
             
               The
               Maid
               being
               perplexed
               in
               mind
               ,
               and
               far
               from
               any
               of
               her
               Friends
               ,
               knew
               not
               what
               to
               do
               in
               this
               condition
               :
               But
               being
               urged
               by
               her
               Mistress
               went
               again
               with
               the
               Midwife
               .
            
             
               After
               the
               Midwife
               had
               given
               Trigg
               her
               Water
               ,
               and
               discourst
               with
               him
               privately
               ;
               he
               called
               to
               
                 Iane
                 Gilbert
              
               ,
               and
               bid
               her
               go
               up
               stairs
               with
               him
               :
               But
               the
               poor
               Wench
               (
               not
               knowing
               which
               to
               prefer
               ,
               her
               Modesty
               or
               Innocency
               )
               refused
               to
               go
               with
               him
               ;
               until
               at
               length
               (
               being
               clamour'd
               at
               ,
               and
               absolutely
               forced
               up
               to
               his
               Chamber
               )
               she
               was
               necessitated
               to
               follow
               him
               :
               Where
               Trigg
               began
               to
               acquaint
               her
               ,
               that
               her
               Mistress
               Mrs.
               Ivie
               ,
               had
               told
               him
               ,
               that
               she
               had
               been
               too
               familiar
               with
               her
               Master
               ,
               and
               therefore
               he
               must
               search
               her
               :
               And
               did
               thereupon
               (
               in
               a
               most
               rude
               and
               violent
               manner
               )
               force
               his
               hands
               under
               her
               Coats
               ,
               to
               her
               naked
               Body
               ;
               and
               did
               use
               her
               in
               a
               most
               abominable
               way
               ,
               &c.
               
            
             
               And
               when
               he
               had
               effected
               his
               business
               ,
               he
               told
               the
               Midwife
               that
               she
               was
               with
               Child
               ;
               though
               the
               Maid
               absolutely
               and
               earnestly
               denyed
               the
               same
               .
            
             
               Hereupon
               they
               left
               Trigg
               ,
               and
               returned
               to
               my
               Wife
               ,
               who
               having
               heard
               the
               Relation
               from
               Mrs.
               Sessions
               ,
               what
               had
               been
               done
               (
               being
               totally
               unsatisfied
               )
               caused
               her
               to
               be
               carryed
               to
               another
               Physician
               ,
               Dr.
               Hinchley
               ,
               and
               shewed
               him
               the
               Water
               ;
               and
               desired
               him
               also
               to
               search
               her
               in
               like
               manner
               :
               But
               his
               Verdict
               was
               unlike
               that
               of
               the
               
                 (
                 Mountebank
                 )
                 Trigg
              
               ;
               for
               he
               peremptorily
               avouch'd
               she
               was
               not
               with
               Child
               .
            
             
               Notwithstanding
               all
               this
               could
               not
               satisfie
               the
               aim
               of
               my
               Wife
               ,
               and
               Mrs.
               Williamson
               :
               But
               once
               more
               she
               must
               expose
               her
               Nakedness
               to
               the
               search
               of
               another
               Doctor
               ,
               a
               Man-midwife
               ,
               Dr.
               Hinton
               ,
               who
               in
               like
               manner
               ,
               as
               Dr.
               Hinchley
               (
               notwithstanding
               Mrs.
               Williamson
               and
               my
               Wife
               did
               earnestly
               sollicite
               him
               to
               attest
               that
               she
               was
               with
               Child
               )
               acquitted
               her
               from
               being
               with
               Child
               ;
               and
               would
               justifie
               her
               to
               be
               a
               Virgin.
               
            
             
               These
               two
               Testimonies
               did
               no
               way
               forward
               their
               Design
               ,
               for
               by
               this
               means
               ,
               all
               the
               pains
               in
               Threatnings
               and
               Persuasions
               ,
               (
               to
               acknowledge
               her self
               with
               Child
               by
               me
               )
               began
               to
               undervalued
               ,
               by
               how
               much
               the
               more
               the
               said
               
                 Iane
                 Gilbert
              
               had
               been
               acquitted
               by
               the
               two
               Doctors
               and
               Midwife
               ,
               and
               accused
               only
               by
               that
               
                 Ignorant
                 Quack
                 Trigg
              
               .
            
             
             
               And
               therefore
               seeing
               the
               Wench
               was
               so
               obstinate
               that
               she
               would
               not
               comply
               with
               them
               ,
               (
               and
               least
               at
               my
               return
               she
               might
               discover
               this
               unto
               me
               )
               a
               new
               Project
               was
               set
               on
               foot
               ,
               so
               to
               terrifie
               the
               Wench
               ,
               that
               she
               might
               leave
               London
               immediately
               .
            
             
               And
               thereupon
               they
               came
               unto
               her
               ,
               and
               told
               her
               ,
               that
               Mr.
               Stepkins
               ,
               my
               Wifes
               Father
               ,
               would
               do
               her
               a
               notorious
               Mischief
               if
               she
               would
               not
               acknowledge
               her self
               with
               Child
               :
               Mrs.
               Williamson
               advised
               the
               Maid
               to
               go
               for
               a
               while
               into
               the
               Country
               ,
               until
               Mr.
               
               Stepkins's
               anger
               was
               over
               .
            
             
               Upon
               this
               account
               she
               was
               sent
               away
               to
               her
               Father's
               House
               in
               Hertfordshire
               ,
               where
               immediately
               after
               her
               arrival
               ,
               she
               received
               a
               Letter
               from
               my
               Wife
               ,
               that
               her
               Father
               Stepkins
               was
               so
               incensed
               against
               her
               ,
               that
               he
               would
               not
               suffer
               her
               any
               longer
               to
               live
               with
               my
               Wife
               .
            
             
               Notwithstanding
               the
               great
               love
               she
               bore
               ,
               she
               would
               not
               leave
               her
               destitute
               of
               a
               Service
               ,
               but
               would
               provide
               a
               convenient
               Place
               for
               her
               .
            
             
               Scarce
               eight
               days
               had
               passed
               ,
               but
               down
               comes
               Mrs.
               Williamson
               to
               her
               (
               pretending
               she
               had
               been
               at
               Cambridge
               )
               and
               came
               out
               of
               her
               way
               on
               purpose
               to
               see
               her
               ;
               Though
               't
               was
               evident
               she
               came
               directly
               from
               London
               to
               the
               said
               
                 Iane
                 Gilbert
              
               .
            
             
               Insomuch
               that
               the
               Maid
               suspected
               some
               farther
               ill
               towards
               her
               (
               having
               been
               formerly
               so
               abused
               )
               but
               parling
               together
               about
               former
               Passages
               ,
               The
               Maid
               asked
               Mrs.
               Williamson
               ,
               what
               Ill
               she
               had
               deserved
               from
               her
               Mistress
               ,
               that
               she
               should
               be
               so
               disgraced
               as
               she
               had
               been
               ;
               and
               though
               she
               found
               her
               guiltless
               ,
               she
               should
               now
               be
               put
               away
               ?
               Well
               ,
               quoth
               the
               Maid
               ,
               by
               God's
               help
               I
               will
               be
               to
               morrow
               in
               London
               ,
               and
               will
               endeavour
               to
               right
               my self
               from
               these
               Aspersions
               .
            
             
               Whereupon
               she
               found
               the
               end
               of
               Mrs.
               
               Williamson's
               Journey
               (
               was
               to
               hinder
               the
               Maid
               from
               coming
               to
               London
               )
               (
               because
               I
               was
               the
               day
               before
               arrived
               out
               of
               the
               Country
               )
               lest
               she
               should
               see
               me
               ,
               and
               discover
               what
               had
               been
               done
               unto
               her
               ,
               in
               order
               to
               make
               her
               confess
               that
               I
               lay
               with
               her
               ,
               and
               that
               she
               was
               with
               Child
               by
               me
               .
            
             
               Mrs.
               Williamson
               now
               perceiving
               that
               the
               said
               
                 Iane
                 Gilbert
              
               was
               resolved
               to
               make
               a
               stir
               in
               this
               foul
               Business
               ,
               returned
               with
               all
               speed
               to
               my
               Wife
               ,
               and
               wished
               her
               to
               think
               of
               a
               way
               how
               to
               hinder
               her
               from
               speaking
               with
               me
               .
            
             
               The
               next
               day
               ,
               as
               soon
               as
               the
               said
               
                 Iane
                 Gilbert
              
               came
               to
               my
               House
               ,
               my
               Wife
               met
               her
               at
               the
               Door
               ,
               and
               giving
               her
               many
               good
               words
               ,
               perswaded
               her
               to
               take
               a
               Lodging
               near
               that
               place
               ,
               (
               and
               change
               her
               name
               )
               and
               that
               she
               would
               pay
               for
               it
               .
            
             
               The
               Maid
               (
               very
               much
               troubled
               at
               this
               usage
               )
               was
               very
               pressing
               to
               know
               what
               Offence
               she
               had
               ever
               given
               her
               :
               Truly
               ,
               quoth
               my
               Wife
               ,
               Sweet
               Ienny
               ,
               I
               love
               thee
               most
               dearly
               ;
               But
               the
               Truth
               of
               all
               is
               ,
               my
               Husband
               and
               his
               Friends
               give
               out
               ,
               that
               't
               is
               unfit
               for
               me
               to
               keep
               a
               Gentlewoman
               to
               wait
               upon
               me
               ,
               besides
               common
               Servants
               ;
               and
               that
               't
               was
               their
               Envy
               towards
               her
               ,
               and
               therefore
               she
               must
               be
               gone
               :
               But
               withal
               assur'd
               her
               ,
               that
               she
               would
               provide
               a
               convenient
               place
               for
               her
               .
            
             
               My
               Wife
               now
               thought
               ,
               that
               she
               had
               (
               by
               this
               Trick
               )
               made
               the
               Maid
               believe
               me
               to
               be
               the
               sole
               cause
               of
               her
               turning
               away
               ,
               and
               sufficiently
               exasperated
               her
               against
               me
               ;
               yet
               did
               not
               despair
               of
               a
               Compliance
               from
               her
               ,
               and
               therefore
               said
               ,
               For
               my
               part
               ,
               I
               am
               content
               you
               stay
               this
               night
               ,
               (
               that
               she
               might
               farther
               try
               her
               )
               and
               to
               morrow
               thou
               shalt
               have
               another
               Lodging
               look'd
               out
               for
               thee
               .
            
             
               But
               my
               Wife
               understanding
               the
               next
               Morning
               ,
               that
               I
               began
               to
               parle
               with
               the
               Maid
               about
               the
               passages
               aforesaid
               ,
               (
               which
               indeed
               were
               communicated
               to
               me
               in
               the
               Country
               )
               knockt
               very
               furiously
               for
               her
               to
               come
               up
               into
               her
               Chamber
               ;
               and
               commanded
               her
               immediately
               to
               leave
               the
               House
               ,
               and
               would
               not
               suffer
               her
               to
               speak
               any
               more
               to
               me
               .
            
             
               Whereupon
               she
               went
               to
               one
               Mr.
               
               Price's
               House
               ,
               a
               Brother
               of
               one
               of
               her
               Fellow-servants
               ,
               and
               lay
               there
               privately
               ,
               (
               as
               she
               thought
               )
               but
               't
               was
               made
               known
               to
               my
               Wife
               ,
               who
               immediately
               sent
               a
               Maid
               to
               sound
               of
               what
               Temper
               she
               was
               ,
               and
               how
               she
               stood
               affected
               towards
               her
               :
               And
               it
               being
               return'd
               ,
               that
               she
               was
               full
               of
               Disdain
               and
               Passion
               ,
               by
               reason
               of
               the
               aforesaid
               Practices
               against
               her
               ;
               and
               that
               she
               would
               forthwith
               send
               for
               her
               Trunks
               ,
               they
               were
               immediately
               seized
               upon
               by
               my
               Wife
               ,
               and
               locked
               up
               in
               her
               Closet
               .
            
             
               Notwithstanding
               ,
               upon
               this
               Report
               ,
               the
               Maid
               did
               not
               send
               ,
               but
               came
               her self
               to
               demand
               her
               Trunks
               ;
               and
               I
               seeing
               of
               her
               in
               the
               House
               ,
               began
               to
               ask
               again
               ,
               why
               she
               went
               away
               ,
               and
               upon
               what
               occasion
               that
               Searching
               of
               her
               (
               by
               Men
               and
               Women
               )
               were
               ?
               But
               her
               Mistress
               calling
               her
               Queane
               for
               acquainting
               me
               with
               it
               ,
               and
               threatning
               to
               strike
               her
               for
               it
               ,
               denied
               her
               the
               Trunks
               ,
               and
               caused
               her
               forthwith
               to
               be
               sent
               away
               :
               And
               the
               very
               next
               day
               Mrs.
               Williamson
               and
               my
               Wife
               gave
               out
               in
               Speeches
               ,
               (
               amongst
               my
               Family
               and
               Neighbours
               )
               that
               they
               had
               broke
               open
               the
               Trunks
               ,
               and
               had
               found
               that
               she
               had
               been
               a
               Baggage
               ,
               and
               a
               notorious
               Thief
               ,
               and
               stollen
               her
               Goods
               .
            
             
               And
               thereupon
               (
               the
               better
               to
               secure
               the
               Wench
               ,
               either
               for
               complaining
               of
               these
               Abuses
               ,
               or
               telling
               me
               the
               Truth
               of
               her
               Usage
               )
               they
               procured
               a
               Warrant
               from
               my
               Lord
               Chief
               Justice
               Roles
               to
               apprehend
               the
               Maid
               for
               her
               Life
               ,
               (
               having
               charged
               her
               with
               Felony
               .
               )
               But
               finding
               that
               the
               Maid
               kept
               in
               ,
               and
               that
               by
               vertue
               of
               the
               said
               Warrant
               ,
               they
               could
               not
               enter
               any
               House
               to
               take
               her
               forth
               ,
               they
               entered
               into
               a
               new
               Project
               ,
               how
               the
               Wench
               might
               be
               secured
               (
               both
               Tongue
               and
               Person
               )
               and
               also
               ,
               that
               they
               might
               seize
               on
               her
               wheresoever
               she
               was
               .
            
             
               To
               this
               end
               Mr.
               Pauncefoot
               was
               look'd
               on
               as
               a
               fit
               Instrument
               (
               having
               Relation
               to
               the
               Lord
               President
               Bradshaw
               )
               and
               was
               desired
               to
               procure
               them
               a
               Warrant
               from
               the
               Council
               of
               State
               ,
               upon
               Pretence
               that
               this
               poor
               Wench
               held
               Correspondency
               (
               with
               the
               Enemies
               of
               the
               Commonwealth
               )
               beyond
               Seas
               ,
               and
               so
               apprehended
               her
               :
               By
               vertue
               of
               which
               Warrant
               she
               was
               seized
               on
               accordingly
               ,
               and
               kept
               close
               Prisoner
               eighteen
               days
               together
               with
               great
               Hardships
               .
            
             
               During
               this
               Imprisonment
               ,
               a
               Gentleman
               came
               to
               this
               Wench
               from
               my
               Wife
               ,
               advising
               her
               to
               humble
               her self
               to
               her
               Mistress
               ,
               and
               to
               confess
               her self
               Guilty
               ,
               and
               much
               to
               that
               purpose
               ,
               but
               she
               (
               being
               Innocent
               )
               utterly
               refused
               any
               such
               Acknowledgment
               .
            
             
             
               During
               this
               Imprisonment
               ,
               many
               Petitions
               (
               for
               to
               be
               heard
               at
               the
               Council
               )
               did
               she
               attempt
               to
               present
               ,
               but
               were
               still
               kept
               off
               by
               the
               means
               of
               the
               said
               Pauncefoot
               ,
               neither
               could
               she
               ever
               be
               heard
               .
            
             
               At
               length
               my
               Wife
               and
               Mrs.
               Williamson
               finding
               nothing
               could
               prevail
               (
               after
               Sorrow
               and
               Grief
               (
               in
               this
               lamentable
               Condition
               )
               had
               almost
               killed
               her
               ,
               they
               had
               contrived
               a
               meeting
               for
               the
               Wench
               (
               by
               the
               permission
               of
               her
               Keeper
               )
               in
               Moor-fields
               ;
               where
               ,
               as
               soon
               as
               my
               Wife
               saw
               her
               ,
               she
               fell
               into
               a
               deep
               fit
               of
               Weeping
               to
               the
               Wench
               ,
               and
               told
               her
               how
               dearly
               she
               loved
               her
               ,
               and
               that
               she
               was
               in
               perfect
               Friendship
               with
               her
               ,
               and
               earnestly
               desired
               that
               all
               things
               (
               which
               had
               passed
               )
               might
               be
               forgotten
               ;
               promising
               withal
               ,
               (
               that
               in
               a
               very
               short
               time
               )
               she
               would
               abundantly
               express
               ,
               how
               sensible
               she
               had
               been
               of
               her
               late
               Sufferings
               .
            
             
               Hereupon
               my
               Wife
               ,
               without
               ever
               acquainting
               or
               procuring
               their
               Order
               for
               her
               Freedom
               ,
               (
               only
               giving
               the
               Messenger
               of
               the
               Council
               of
               State
               20
               l.
               )
               caused
               the
               Maid
               by
               her
               own
               Power
               (
               by
               which
               it
               seems
               she
               stood
               committed
               )
               to
               be
               set
               at
               liberty
               .
            
             
               But
               very
               suddenly
               after
               Enlargement
               (
               her
               Body
               being
               quite
               spent
               ,
               and
               her
               Mind
               almost
               distracted
               with
               Grief
               and
               Melancholy
               )
               she
               died
               ;
               and
               in
               her
               Death-bed
               professed
               solemnly
               (
               that
               by
               reason
               of
               those
               Cruelties
               ,
               which
               had
               been
               practised
               upon
               her
               by
               Mrs.
               Williamson
               and
               Mrs.
               Ivie
               ;
               and
               especially
               by
               the
               Operation
               of
               a
               Potion
               given
               her
               by
               them
               ,
               (
               which
               upon
               the
               words
               of
               a
               Dying
               Woman
               )
               she
               believed
               to
               be
               Poyson
               )
               That
               they
               had
               been
               the
               cause
               of
               her
               Death
               ;
               and
               that
               she
               doubted
               not
               but
               that
               the
               Almighty
               God
               would
               require
               her
               Blood
               at
               their
               hands
               .
            
             
               After
               these
               things
               were
               laid
               open
               to
               the
               Lords
               Commissioners
               for
               the
               Great
               Seal
               ;
               I
               little
               expected
               that
               Vices
               should
               be
               received
               for
               Reasons
               ;
               that
               such
               Abominations
               should
               have
               been
               thought
               worthy
               the
               Protection
               ,
               not
               to
               say
               the
               Encouragement
               of
               such
               eminent
               Judges
               ;
               but
               with
               Grief
               of
               Heart
               ,
               and
               empty
               Purse
               ,
               may
               I
               say
               ,
               that
               I
               found
               experimentally
               their
               Chancery
               rather
               a
               Court
               of
               Oppression
               than
               good
               Conscience
               ;
               nay
               ,
               I
               have
               this
               peculiar
               in
               my
               Case
               (
               that
               after
               all
               Witnesses
               on
               both
               sides
               were
               examined
               )
               they
               never
               afforded
               me
               that
               Favour
               (
               which
               they
               omitted
               to
               none
               )
               as
               to
               command
               me
               and
               my
               Wife
               in
               Person
               to
               attend
               them
               ,
               and
               to
               endeavour
               a
               Reconciliation
               between
               us
               .
            
             
               This
               I
               thought
               hard
               measure
               ,
               because
               I
               was
               informed
               all
               others
               had
               participated
               of
               that
               Civility
               from
               them
               ;
               and
               the
               more
               hard
               ,
               in
               regard
               my
               Wife
               had
               frequent
               and
               private
               Addresses
               unto
               them
               ,
               and
               I
               was
               never
               admitted
               any
               .
            
             
               The
               Consideration
               of
               this
               not
               only
               astonished
               me
               ,
               but
               gave
               me
               a
               strong
               Alarm
               also
               to
               be
               very
               Circumspect
               ,
               lest
               I
               might
               have
               as
               little
               Justice
               in
               their
               Sentence
               ,
               as
               I
               had
               savour
               in
               their
               Proceedings
               .
            
             
               And
               that
               on
               the
               other
               side
               ,
               when
               I
               remembred
               they
               openly
               declared
               before
               my
               Council
               ,
               that
               nothing
               should
               be
               concluded
               without
               sending
               for
               both
               Parties
               ,
               and
               also
               their
               Parties
               ;
               and
               also
               their
               Order
               of
               the
               27
               of
               October
               1651.
               that
               they
               had
               denied
               her
               any
               Expences
               of
               the
               Suit
               ,
               in
               regard
               the
               Merits
               of
               the
               Cause
               should
               be
               speedily
               heard
               ;
               I
               could
               not
               conclude
               within
               my self
               ,
               but
               that
               I
               should
               be
               dealt
               withal
               according
               to
               their
               own
               Rules
               ,
               and
               Practice
               of
               all
               the
               of
               England
               ;
               and
               that
               a
               Summons
               (
               upon
               a
               day
               of
               hearing
               should
               be
               first
               sent
               )
               e'er
               any
               Sentence
               pronounced
               ,
               or
               Decree
               made
               in
               the
               Cause
               .
            
             
               But
               what
               I
               often
               suspected
               ,
               and
               was
               intimated
               unto
               me
               by
               others
               ,
               I
               had
               now
               too
               much
               reason
               to
               believe
               .
            
             
               For
               after
               eight
               Months
               (
               having
               all
               that
               while
               never
               received
               any
               command
               to
               wait
               upon
               their
               Lordships
               )
               when
               all
               my
               Counsel
               was
               out
               of
               Town
               ,
               Iuly
               24.
               1652.
               
               (
               Her
               Counsel
               Mr.
               Vincent
               ,
               and
               Lieut.
               Col.
               Zanchey
               ,
               her
               Sollicitor
               ,
               with
               a
               Sword
               by
               his
               side
               )
               presented
               unto
               the
               Lords
               Commissioners
               ,
               a
               final
               Decree
               ready
               drawn
               ;
               (
               it
               not
               being
               first
               perused
               by
               Counsel
               of
               my
               side
               ,
               as
               by
               the
               Rules
               of
               the
               Court
               it
               ought
               to
               have
               been
               )
               for
               no
               less
               than
               300
               
                 l.
                 per
                 Annum
              
               ,
               (
               a
               fair
               Sum
               ,
               and
               enough
               to
               tempt
               a
               good
               Woman
               to
               be
               bad
               :
               )
               The
               Draught
               of
               the
               Order
               is
               thus
               .
            
             
               
                 
                   
                     Lords
                     Commissioners
                  
                   .
                   Saturday
                   24
                   of
                   July
                   1652.
                   
                   Between
                   
                     Theodosia
                     Ivie
                  
                   Plaintiff
                   ,
                   and
                   
                     Thomas
                     Ivie
                  
                   her
                   Husband
                   ,
                   Defendant
                   .
                
                 
                   WHereas
                   the
                   Plaintiff
                   having
                   exhibited
                   her
                   Petition
                   (
                   against
                   the
                   Defendant
                   her
                   Husband
                   )
                   to
                   be
                   relieved
                   for
                   Alimony
                   ,
                   unto
                   which
                   the
                   Defendant
                   having
                   put
                   in
                   his
                   Answer
                   ,
                   divers
                   Witnesses
                   were
                   examined
                   by
                   Commission
                   ,
                   and
                   others
                   were
                   (
                   by
                   their
                   Lordships
                   Directions
                   )
                   also
                   examined
                   by
                   the
                   Register
                   ,
                   in
                   the
                   presence
                   of
                   Council
                   on
                   both
                   sides
                   ;
                   And
                   for
                   the
                   better
                   clearing
                   of
                   the
                   Matters
                   ,
                   and
                   Satisfaction
                   of
                   their
                   Lordships
                   therein
                   ,
                   their
                   Lordships
                   were
                   also
                   pleased
                   themselves
                   to
                   examine
                   several
                   Witnesses
                   ,
                   
                     viva
                     voce
                  
                   ;
                   And
                   the
                   Cause
                   having
                   taken
                   up
                   many
                   days
                   in
                   hearing
                   ,
                   (
                   after
                   much
                   Debate
                   and
                   Pains
                   spent
                   herein
                   ;
                   And
                   upon
                   full
                   and
                   deliberate
                   hearing
                   of
                   what
                   could
                   be
                   offered
                   on
                   both
                   sides
                   :
                   And
                   upon
                   reading
                   of
                   the
                   said
                   Depositions
                   ,
                   and
                   of
                   the
                   Indenture
                   made
                   upon
                   the
                   Marriage
                   ;
                   whereby
                   the
                   Estate
                   of
                   the
                   Plaintiffs
                   Father
                   is
                   settled
                   upon
                   Sir
                   
                     John
                     Brampston
                  
                   Kt.
                   and
                   
                     William
                     Booth
                  
                   
                     Esq
                  
                   to
                   the
                   uses
                   in
                   the
                   said
                   Indenture
                   declared
                   :
                   )
                   Their
                   Lordships
                   were
                   fully
                   satisfied
                   ,
                   that
                   there
                   is
                   good
                   cause
                   to
                   give
                   Allowance
                   for
                   Alimony
                   to
                   the
                   Plaintiff
                   ;
                   And
                   do
                   Order
                   ,
                   and
                   Decree
                   ,
                   that
                   the
                   Plaintiff
                   have
                   paid
                   unto
                   her
                   the
                   Sum
                   of
                   
                     300
                     l.
                  
                   by
                   the
                   year
                   ,
                   which
                   their
                   Lordships
                   intend
                   to
                   be
                   had
                   and
                   raised
                   out
                   of
                   the
                   Plaintiffs
                   Father's
                   Estate
                   ,
                   so
                   setled
                   in
                   the
                   said
                   Trustrees
                   ,
                   as
                   aforesaid
                   ,
                   until
                   farther
                   Order
                   :
                   And
                   do
                   therefore
                   Order
                   ,
                   that
                   the
                   said
                   Defendant
                   ,
                   and
                   the
                   said
                   Trustees
                   ,
                   shall
                   authorize
                   ,
                   or
                   permit
                   and
                   suffer
                   the
                   Plaintiff
                   ,
                   or
                   whom
                   she
                   shall
                   nominate
                   and
                   appoint
                   ,
                   from
                   time
                   to
                   time
                   ,
                   quietly
                   ,
                   and
                   without
                   Interruption
                   ,
                   to
                   receive
                   the
                   Rents
                   and
                   Profits
                   of
                   the
                   said
                   Lands
                   :
                   And
                   the
                   several
                   Tenants
                   of
                   the
                   Premisses
                   are
                   hereby
                   ordered
                   to
                   pay
                   the
                   same
                   accordingly
                   ,
                   from
                   our
                   Lady-day
                   last
                   ;
                   And
                   the
                   said
                   Trustees
                   ,
                   and
                   the
                   said
                   Tenants
                   ,
                   in
                   so
                   doing
                   ,
                   are
                   to
                   be
                   saved
                   harmless
                   by
                   the
                   Decree
                   of
                   the
                   Court.
                   But
                   in
                   case
                   the
                   said
                   Lands
                   are
                   in
                   a
                   greater
                   yearly
                   value
                   than
                   the
                   said
                   
                     300
                     l.
                     per
                     Annum
                  
                   ,
                   And
                   that
                   the
                   said
                   Defendant
                   shall
                   at
                   any
                   time
                   signifie
                   so
                   much
                   unto
                   their
                   Lordships
                   ,
                   And
                   undertake
                   and
                   sufficiently
                   secure
                   the
                   Payment
                   of
                   
                     300
                     l.
                     per
                     Annum
                  
                   ,
                   (
                   quarterly
                   unto
                   the
                   said
                   Plaintiff
                   )
                   by
                   equal
                   Portions
                   ,
                   to
                   begin
                   from
                   our
                   Lady-day
                   last
                   ,
                   then
                   the
                   said
                   Defendant
                   is
                   hereby
                   decreed
                   to
                   pay
                   unto
                   the
                   said
                   Plaintiff
                   ,
                   the
                   said
                   yearly
                   Sum
                   of
                   
                     300
                     l.
                  
                   accordingly
                   ,
                   until
                   further
                   Order
                   ,
                   at
                   aforesaid
                   :
                   And
                   that
                   the
                   said
                   Trustees
                   are
                   in
                   such
                   Case
                   
                   to
                   permit
                   and
                   suffer
                   the
                   said
                   Defendant
                   ,
                   and
                   his
                   Assigns
                   ,
                   to
                   receive
                   and
                   enjoy
                   the
                   Rents
                   and
                   Profits
                   of
                   the
                   said
                   Fathers
                   Estate
                   ,
                   (
                   any
                   thing
                   herein
                   contained
                   to
                   the
                   contrary
                   in
                   any
                   wise
                   notwithstanding
                   .
                   )
                
                 
                   
                     
                       Rob.
                       Dod
                    
                     ,
                     Deput
                     .
                     Regist.
                     
                  
                
              
            
             
               Being
               advertized
               by
               a
               Friend
               of
               these
               irregular
               Proceedings
               ,
               and
               perceiving
               what
               a
               Considerable
               part
               of
               my
               Estate
               was
               aimed
               at
               ,
               I
               addressed
               my self
               immediately
               with
               this
               Petition
               to
               the
               Lords
               Commissioners
               ,
               August
               19.
               
            
             
               
                 
                   To
                   the
                   Right
                   Honourable
                   ,
                   &c.
                   
                   The
                   Humble
                   Petition
                   of
                   
                     Thomas
                     Ivie
                  
                   Defendant
                   ,
                   Husband
                   to
                   
                     Theodosia
                     Ivie
                  
                   ,
                   Plaintiff
                   .
                
                 
                   Sheweth
                   ,
                
                 
                   THat
                   several
                   Papers
                   have
                   been
                   brought
                   to
                   your
                   Petitioner
                   ,
                   intituled
                   ●●
                   Orders
                   from
                   your
                   Lordships
                   ,
                   but
                   without
                   any
                   Subscription
                   of
                   the
                   Register
                   ,
                   or
                   his
                   Deputy
                   .
                
                 
                   That
                   at
                   the
                   end
                   of
                   one
                   of
                   the
                   said
                   Papers
                   't
                   is
                   mentioned
                   ,
                   that
                   unless
                   cause
                   (
                   at
                   the
                   next
                   Privy
                   Seal
                   )
                   be
                   shewn
                   to
                   this
                   Court
                   to
                   the
                   contrary
                   by
                   the
                   Defendant
                   ,
                   That
                   300
                   l.
                   
                     per
                     Annum
                  
                   ,
                   therein
                   mentioned
                   ,
                   shall
                   be
                   decreed
                   :
                   But
                   on
                   what
                   day
                   the
                   next
                   Privy
                   Seal
                   will
                   be
                   ,
                   or
                   in
                   what
                   place
                   ,
                   is
                   not
                   expressed
                   in
                   the
                   said
                   Paper
                   ;
                   Neither
                   can
                   your
                   Petitioner
                   (
                   by
                   all
                   possible
                   means
                   and
                   industry
                   )
                   find
                   when
                   and
                   where
                   he
                   may
                   attend
                   your
                   Lordships
                   .
                
                 
                   Insomuch
                   ,
                   that
                   your
                   Petitioner
                   hath
                   just
                   Ground
                   to
                   fear
                   (
                   if
                   any
                   such
                   Order
                   be
                   )
                   either
                   he
                   may
                   be
                   surprized
                   ,
                   or
                   a
                   Decree
                   might
                   pass
                   against
                   him
                   ,
                   without
                   his
                   Knowledge
                   of
                   the
                   time
                   ,
                   wherein
                   he
                   might
                   make
                   his
                   just
                   Defence
                   ,
                   especially
                   all
                   his
                   Papers
                   being
                   at
                   present
                   in
                   the
                   Custody
                   of
                   his
                   Sollicitor
                   ,
                   Mr.
                   Cox
                   ,
                   who
                   is
                   not
                   in
                   Town
                   .
                
                 
                   In
                   tender
                   Consideration
                   whereof
                   ,
                   may
                   it
                   please
                   your
                   Honours
                   to
                   declare
                   ,
                   whether
                   any
                   such
                   Order
                   was
                   made
                   by
                   the
                   Court
                   ;
                   and
                   at
                   what
                   time
                   and
                   place
                   your
                   Lordships
                   have
                   or
                   will
                   be
                   pleased
                   ,
                   peremptorily
                   to
                   appoint
                   ,
                   to
                   hear
                   the
                   Defence
                   of
                   your
                   Petitioner
                   ,
                   who
                   with
                   all
                   humility
                   and
                   willingness
                   ,
                   will
                   attend
                   your
                   Lordships
                   ;
                   Hoping
                   by
                   God's
                   assistance
                   ,
                   to
                   give
                   a
                   full
                   Demonstration
                   of
                   his
                   Innocency
                   and
                   Integrity
                   ;
                   and
                   to
                   wipe
                   off
                   all
                   the
                   foul
                   Aspersions
                   whatsoever
                   ,
                   which
                   have
                   been
                   cast
                   upon
                   him
                   ,
                   to
                   ruine
                   both
                   his
                   Person
                   and
                   Estate
                   .
                
                 
                   
                     And
                     your
                     Petitioner
                     shall
                     ever
                     pray
                     ,
                  
                   &c.
                   
                
              
            
             
               All
               the
               Return
               (
               that
               I
               could
               obtain
               from
               the
               Lords
               Commissioners
               )
               unto
               the
               said
               Petition
               ,
               was
               this
               ;
            
             
               
                 
                   
                     Let
                     Mr.
                  
                   Ivie
                   
                     attend
                     us
                     ,
                     to
                     shew
                     us
                     Cause
                     ,
                     according
                     to
                     the
                     last
                     Order
                     ,
                     on
                  
                   Tuesday
                   next
                   .
                   19th
                   of
                   August
                   1652.
                   
                
                 
                   
                     
                       
                         B.
                         Whitlock
                         ,
                      
                       
                         R.
                         Keeble
                         ,
                      
                       
                         J.
                         Lisle
                         .
                      
                    
                  
                
              
            
             
               On
               the
               Tuesday
               following
               I
               did
               attend
               in
               Person
               ,
               but
               without
               any
               Counsel
               ;
               all
               being
               in
               the
               Circuits
               with
               the
               Judges
               :
               And
               if
               could
               have
               found
               any
               ,
               it
               had
               been
               almost
               impossible
               to
               have
               fully
               instructed
               them
               in
               the
               Cause
               ,
               there
               being
               so
               many
               Depositions
               ,
               and
               those
               of
               so
               great
               Length
               .
            
             
               Whereupon
               I
               renewed
               my
               humble
               and
               earnest
               Request
               unto
               them
               ,
               with
               all
               the
               Vehemency
               I
               could
               express
               ,
               That
               they
               would
               make
               no
               Decree
               ,
               before
               they
               heard
               the
               merits
               of
               the
               Cause
               on
               both
               sides
               .
            
             
               Notwithstanding
               ,
               I
               found
               't
               was
               their
               Resolution
               to
               sign
               that
               Irregular
               Paper
               ,
               and
               to
               declare
               before-hand
               ,
               that
               they
               had
               found
               just
               Cause
               for
               Alimony
               ;
               The
               Preamble
               of
               the
               Decree
               being
               full
               of
               Reflections
               ,
               and
               containing
               several
               Insinuations
               against
               me
               :
               All
               that
               they
               thought
               fit
               to
               add
               ,
               was
               this
               Clause
               ,
               [
               
                 Vntil
                 further
                 Order
              
               .
               ]
               A
               dear
               Expression
               in
               Chancery
               ,
               and
               as
               costly
               as
               the
               other
               ,
               [
               
                 Vnless
                 he
                 shew
                 Cause
              
               .
               ]
            
             
               Now
               ,
               and
               not
               before
               ,
               was
               the
               Order
               (
               which
               they
               commonly
               call
               the
               Decree
               ,
               having
               put
               the
               Great
               Seal
               unto
               it
               )
               delivered
               unto
               the
               Register
               to
               enter
               ,
               which
               first
               ought
               to
               have
               been
               drawn
               by
               him
               ,
               and
               then
               perused
               by
               Counsel
               on
               both
               sides
               .
            
             
               Had
               any
               one
               but
               heard
               ,
               what
               smooth
               words
               the
               Lords
               Commissioners
               gave
               me
               at
               this
               time
               ,
               telling
               me
               ,
               That
               it
               should
               not
               be
               prejudicial
               unto
               me
               ,
               and
               that
               they
               would
               hear
               my
               Counsel
               at
               any
               time
               ,
               come
               when
               I
               would
               ,
               and
               that
               't
               was
               but
               a
               Temporary
               thing
               ,
               and
               that
               they
               would
               deal
               tenderly
               with
               me
               ,
               in
               so
               tender
               a
               Case
               ,
               as
               between
               Man
               and
               Wife
               ,
               one
               would
               have
               almost
               been
               persuaded
               ,
               that
               it
               had
               been
               my
               duty
               to
               have
               given
               my
               consent
               also
               :
               But
               though
               there
               was
               Honey
               in
               their
               Mouths
               ,
               yet
               was
               there
               too
               too
               much
               Gall
               in
               their
               Ink
               ,
               and
               Wormwood
               in
               their
               Decree
               .
            
             
               Had
               they
               but
               considered
               the
               Deed
               of
               Covenant
               which
               (
               they
               professed
               )
               they
               had
               perused
               ,
               't
               would
               have
               appeared
               very
               evident
               ,
               that
               there
               was
               no
               shadow
               for
               so
               great
               allowance
               ,
               as
               300
               
                 l.
                 per
                 Annum
              
               :
               When
               her
               Father
               himself
               ,
               and
               my
               Wife
               also
               made
               to
               me
               a
               Proposition
               ,
               of
               giving
               her
               the
               liberty
               of
               living
               where
               she
               would
               ,
               and
               setting
               out
               for
               her
               fit
               allowance
               ,
               they
               themselves
               did
               desire
               ,
               no
               more
               but
               120
               
                 l.
                 per
                 Annum
                 Depos
                 .
                 l.
                 
              
            
             
               Besides
               of
               the
               Articles
               (
               in
               my
               custody
               )
               which
               they
               caused
               to
               be
               drawn
               to
               the
               same
               Purpose
               .
            
             
               But
               I
               suppose
               the
               Lords
               Commissioners
               were
               so
               far
               from
               considering
               what
               they
               signed
               ,
               that
               they
               never
               read
               the
               Deed
               ,
               which
               they
               mention
               ;
               nay
               ,
               I
               think
               ,
               I
               may
               safely
               say
               ;
               They
               did
               not
               ,
               or
               would
               not
               consider
               the
               Act
               it self
               ,
               for
               Alimony
               .
            
             
             
               For
               that
               Act
               impowers
               them
               ,
               to
               give
               only
               such
               Alimony
               ,
               as
               is
               proportionable
               to
               the
               Fortune
               which
               the
               Woman
               brought
               ;
               and
               that
               also
               to
               be
               raised
               out
               of
               the
               Husbands
               Estate
               .
               Whereas
               the
               truth
               is
               ,
               she
               hath
               not
               (
               in
               all
               her
               Proofs
               )
               proved
               ,
               that
               she
               had
               been
               ,
               or
               in
               probability
               could
               ever
               be
               worth
               a
               Penny
               to
               me
               .
            
             
               And
               as
               for
               that
               Estate
               ,
               which
               the
               Lords
               Commissioners
               did
               decree
               unto
               her
               ,
               't
               is
               true
               ,
               I
               had
               an
               equitable
               Title
               unto
               it
               ;
               but
               it
               really
               did
               belong
               to
               the
               Heir
               ,
               at
               Law
               ,
               until
               such
               time
               as
               I
               had
               performed
               some
               small
               Covenant
               .
            
             
               Insomuch
               that
               Mr.
               Stepkins
               ,
               his
               Son
               and
               Heir
               ,
               also
               was
               injured
               by
               these
               proceedings
               of
               the
               Lords
               Commissioners
               ;
               for
               which
               he
               hath
               often
               made
               his
               Complaint
               ,
               as
               well
               as
               his
               just
               Title
               in
               Law
               ,
               though
               to
               little
               purpose
               .
            
             
               I
               know
               full
               well
               ,
               what
               shadow
               the
               Commissioners
               put
               on
               this
               dealing
               ;
               but
               whether
               it
               be
               just
               and
               righteous
               ,
               I
               submit
               to
               your
               Breast
               ,
               and
               that
               is
               thus
               .
            
             
               That
               although
               it
               was
               Convenanted
               ,
               between
               Mr.
               Stepkins
               and
               my
               Trustees
               ,
               that
               in
               case
               I
               did
               not
               perform
               all
               the
               Covenants
               (
               to
               which
               I
               had
               obliged
               my self
               )
               then
               was
               the
               said
               Estate
               of
               240
               l.
               to
               go
               to
               the
               use
               of
               the
               right
               Heirs
               of
               the
               said
               Stepkins
               ,
               until
               such
               time
               as
               I
               should
               perform
               .
               By
               virtue
               of
               this
               Clause
               ,
               did
               young
               Stepkins
               ,
               lay
               claim
               to
               the
               said
               Estate
               .
            
             
               Yet
               say
               the
               Commissioners
               ,
               that
               Mr.
               Stepkins
               the
               Father
               (
               Who
               had
               reserved
               unto
               himself
               the
               Remainder
               of
               the
               said
               Limitation
               ,
               to
               me
               and
               my
               Wife
               )
               made
               a
               Will
               ;
               and
               by
               that
               Will
               had
               acquitted
               me
               from
               any
               further
               Performance
               ;
               insomuch
               that
               the
               Estate
               was
               now
               totally
               belonging
               unto
               me
               .
            
             
               This
               I
               believe
               my
               Wife
               told
               them
               ;
               and
               peradventure
               shewed
               them
               such
               a
               Will
               ;
               and
               this
               is
               their
               Ground
               :
               But
               by
               their
               leave
               ,
               I
               cannot
               think
               ,
               till
               such
               a
               Will
               be
               legally
               proved
               ,
               That
               it
               can
               be
               any
               Ground
               for
               them
               ,
               to
               give
               away
               the
               Estate
               in
               such
               manner
               ,
               as
               they
               have
               ;
               upon
               a
               bare
               suggestion
               of
               one
               Party
               ,
               for
               whose
               interest
               and
               profit
               it
               was
               .
            
             
               Certainly
               had
               they
               been
               as
               conscientions
               Judges
               (
               as
               they
               are
               Judges
               of
               Conscience
               )
               they
               would
               have
               first
               caused
               her
               to
               prove
               the
               said
               Will
               ,
               (
               which
               then
               had
               clear'd
               the
               Estate
               from
               the
               claim
               of
               my
               Brother
               Stepkins
               ,
               and
               saved
               me
               the
               expences
               of
               some
               Suits
               in
               Chancery
               ,
               for
               no
               other
               end
               than
               to
               get
               the
               Will
               produced
               ,
               which
               to
               this
               day
               ,
               I
               am
               not
               able
               to
               do
               ;
               Notwithstanding
               I
               have
               a
               Bill
               of
               Complaint
               depending
               before
               them
               for
               that
               purpose
               .
               )
            
             
               Nevertheless
               all
               these
               discouragements
               ,
               it
               pleased
               the
               Lord
               to
               give
               me
               a
               proportionable
               measure
               of
               Patience
               ,
               to
               submit
               unto
               his
               correcting
               hand
               ;
               and
               in
               the
               most
               sore
               Afflictions
               (
               which
               I
               have
               undergone
               )
               he
               hath
               not
               with-held
               his
               loving
               kindnesses
               from
               me
               ,
               nor
               the
               sweetness
               of
               his
               refreshing
               Spirit
               ;
               though
               many
               Oppressions
               and
               Grievances
               were
               daily
               multipled
               ,
               and
               many
               new
               Suits
               at
               Law
               were
               let
               on
               foot
               against
               me
               by
               my
               Wives
               means
               ,
               who
               now
               seemed
               justified
               by
               them
               ;
               and
               my self
               vilified
               and
               undervalued
               .
            
             
               Yet
               was
               I
               not
               clamorous
               at
               their
               Bar
               ,
               neither
               was
               I
               ever
               admitted
               to
               any
               private
               Speeches
               with
               them
               :
               or
               indeed
               did
               ever
               seek
               it
               (
               being
               confident
               )
               that
               my
               cause
               wanted
               the
               Protection
               of
               Justice
               only
               ,
               and
               not
               favour
               ;
               but
               waited
               ,
               still
               expecting
               when
               they
               would
               put
               their
               good
               Promise
               in
               Execution
               ,
               and
               send
               for
               us
               ,
               and
               endeavour
               a
               cordial
               Reconciliation
               between
               us
               .
            
             
               But
               after
               two
               months
               were
               expired
               ,
               and
               hearing
               nothing
               from
               them
               to
               that
               purpose
               (
               though
               many
               several
               Friends
               of
               Quality
               had
               moved
               them
               thereunto
               )
               I
               addressed
               my self
               with
               an
               humble
               Petition
               for
               a
               hearing
               .
            
             
               After
               it
               was
               read
               ,
               they
               appointed
               a
               day
               (
               though
               it
               was
               somewhat
               far
               off
               )
               yet
               it
               did
               abundantly
               revive
               me
               ,
               hoping
               that
               that
               day
               would
               be
               the
               end
               of
               my
               trouble
               ;
               and
               that
               then
               ,
               my
               Reputation
               and
               Estate
               ,
               might
               be
               repaired
               ;
               my
               Person
               freed
               from
               the
               continual
               molestation
               of
               Catchpoles
               ;
               And
               my
               Wife
               her self
               (
               whom
               I
               had
               perfectly
               forgiven
               )
               restored
               unto
               my
               Bosom
               .
            
             
               The
               Order
               which
               the
               Lords
               made
               in
               Answer
               to
               my
               Petition
               ,
               was
               this
               .
            
             
               
                 
                   
                     
                       Saturday
                       29th
                       of
                       April
                       ,
                       1653.
                       
                    
                  
                   Between
                   
                     Theodosia
                     Ivie
                  
                   ,
                   Plaintiff
                   ,
                   Wife
                   of
                   
                     Thomas
                     Ivie
                  
                   ,
                   Defendant
                   .
                
                 
                   UPon
                   the
                   Defendants
                   Humble
                   Petition
                   ,
                   (
                   this
                   day
                   preferred
                   to
                   the
                   Right
                   Honourable
                   the
                   Lords
                   Commissioners
                   for
                   the
                   Great
                   Seal
                   of
                   England
                   )
                   shewing
                   ,
                   That
                   in
                   the
                   unhappy
                   difference
                   fomented
                   by
                   evil
                   persons
                   between
                   the
                   said
                   Parties
                   ;
                   and
                   the
                   said
                   Plaintiff
                   hath
                   petitioned
                   their
                   Lordships
                   for
                   Alimony
                   ,
                   (
                   being
                   separted
                   from
                   her
                   Husband
                   )
                   without
                   his
                   Consent
                   ;
                   Thereby
                   intending
                   to
                   live
                   a-part
                   by
                   her self
                   (
                   contrary
                   to
                   the
                   Marriage
                   Stipulation
                   )
                   to
                   the
                   destruction
                   of
                   the
                   mutual
                   happy
                   Comfort
                   ,
                   (
                   that
                   might
                   ,
                   and
                   ought
                   to
                   be
                   between
                   parties
                   so
                   nearly
                   joyned
                   )
                   pending
                   with
                   Suit
                   ;
                   Their
                   Lordships
                   (
                   as
                   Iudges
                   of
                   good
                   Conscience
                   )
                   did
                   often
                   move
                   her
                   to
                   Conformity
                   and
                   Reconcilement
                   ,
                   chiefly
                   desired
                   by
                   the
                   said
                   Defendant
                   ,
                   but
                   the
                   Plaintiff
                   refused
                   ;
                   And
                   by
                   an
                   Order
                   of
                   the
                   
                   24th
                   of
                   Iuly
                   last
                   ,
                   their
                   Lordships
                   were
                   pleased
                   to
                   appoint
                   her
                   
                     300
                     l.
                     per
                     Annum
                  
                   out
                   of
                   her
                   Fathers
                   Estate
                   ,
                   until
                   further
                   Order
                   ;
                   And
                   the
                   said
                   Defendant
                   (
                   being
                   daily
                   arrested
                   and
                   troubled
                   for
                   the
                   said
                   Plaintiffs
                   Debts
                   )
                   cannot
                   walk
                   the
                   streets
                   ,
                   without
                   molestation
                   ,
                   by
                   the
                   Officers
                   and
                   Bailiffs
                   ;
                   It
                   was
                   prayed
                   ,
                   That
                   some
                   day
                   (
                   as
                   soon
                   as
                   to
                   their
                   Honours
                   shall
                   seem
                   meet
                   )
                   may
                   be
                   appointed
                   to
                   hear
                   the
                   Defendants
                   Reasons
                   ,
                   and
                   the
                   merits
                   of
                   the
                   Cause
                   ,
                   why
                   the
                   said
                   Order
                   should
                   be
                   nulled
                   ;
                   To
                   command
                   the
                   Defendant
                   and
                   his
                   Wife
                   to
                   be
                   personally
                   before
                   their
                   Lordships
                   at
                   the
                   same
                   time
                   ;
                   so
                   that
                   there
                   might
                   be
                   a
                   final
                   Conclusion
                   of
                   these
                   unhappy
                   and
                   unnatural
                   Differences
                   ,
                   under
                   which
                   the
                   Defendant
                   hath
                   long
                   groaned
                   ,
                   to
                   his
                   utter
                   Ruine
                   :
                   Their
                   Lordships
                   do
                   thereupon
                   Order
                   ,
                   that
                   Counsel
                   on
                   both
                   sides
                   be
                   heard
                   in
                   the
                   Business
                   the
                   first
                   Day
                   of
                   Causes
                   in
                   Trinity
                   Term
                   next
                   .
                
                 
                   
                     Iohn
                     Sandford
                     ,
                     
                       Deput
                       .
                       Regist.
                    
                     
                  
                
              
            
             
               My
               Hopes
               and
               Expectations
               being
               now
               raised
               from
               the
               Dust
               ,
               I
               considered
               with
               my self
               ,
               how
               I
               might
               represent
               the
               Case
               between
               me
               and
               my
               Wife
               ,
               with
               the
               least
               prejudice
               to
               her
               :
               For
               upon
               some
               Debatings
               
               about
               the
               Witnesses
               I
               had
               examined
               against
               her
               ,
               I
               found
               the
               Breach
               still
               made
               wider
               ,
               by
               her
               Lawyers
               aggravations
               ,
               than
               it
               was
               really
               in
               it self
               ;
               what
               was
               but
               a
               scar
               ,
               they
               would
               tear
               open
               into
               a
               wound
               ;
               nay
               ,
               they
               preferr'd
               a
               seeming
               Rhetorick
               so
               far
               before
               a
               Christianity
               ,
               that
               rather
               than
               they
               would
               exasperate
               ,
               they
               would
               speak
               
                 Point
                 Blank
              
               ,
               to
               the
               very
               Papers
               they
               held
               in
               their
               hands
               .
            
             
               And
               therefore
               ,
               to
               prevent
               the
               like
               Inconveniences
               ,
               and
               aiming
               at
               a
               perfect
               Reconciliation
               ,
               I
               drew
               up
               all
               (
               that
               Counsel
               could
               be
               instructed
               in
               ,
               or
               could
               offer
               at
               the
               Bar
               )
               into
               writing
               ,
               and
               for
               each
               Commissioner
               had
               a
               Paper
               ready
               to
               be
               presented
               )
               as
               follows
               .
            
             
               
                 
                   To
                   the
                   Right
                   Honourable
                   the
                   Lords
                   Commissioners
                   for
                   the
                   Custody
                   of
                   the
                   Great
                   Seal
                   of
                   England
                   .
                
                 
                   WHereas
                   the
                   Daught
                   of
                   an
                   Order
                   was
                   on
                   
                     Friday
                     August
                  
                   the
                   13th
                   made
                   ,
                   and
                   presented
                   unto
                   your
                   Honours
                   by
                   the
                   Counsel
                   of
                   the
                   Plaintiff
                   ,
                   and
                   Mr.
                   Zanchie
                   her
                   Sollicitor
                   ,
                   not
                   entred
                   into
                   the
                   Registers
                   Book
                   or
                   drawn
                   up
                   by
                   him
                   from
                   any
                   Notes
                   taken
                   in
                   Court
                   ,
                   or
                   was
                   ever
                   perused
                   by
                   the
                   Defendants
                   Counsel
                   before
                   it
                   was
                   signed
                   ,
                   according
                   to
                   the
                   Rules
                   of
                   the
                   Court
                   ;
                   in
                   which
                   Order
                   it
                   was
                   mentioned
                   ,
                   that
                   
                     300
                     l.
                     per
                     Annum
                  
                   should
                   be
                   raised
                   out
                   of
                   the
                   Fathers
                   Estate
                   ,
                   which
                   was
                   setled
                   at
                   the
                   Marriage
                   upon
                   Sir
                   
                     John
                     Brampston
                  
                   Knight
                   ,
                   
                     Orlanlando
                     Bridgman
                  
                   ,
                   
                     Esq
                  
                   and
                   
                     William
                     Booth
                  
                   ,
                   to
                   uses
                   ,
                   &c.
                   and
                   upon
                   the
                   reading
                   of
                   it
                   ,
                   it
                   was
                   ordered
                   by
                   your
                   Lordships
                   at
                   the
                   same
                   time
                   ,
                   that
                   unless
                   the
                   Defendant
                   should
                   shew
                   cause
                   at
                   the
                   next
                   Privy
                   Seal
                   ,
                   a
                   Decree
                   should
                   pass
                   accordingly
                   ;
                   And
                   whereas
                   it
                   was
                   ordered
                   by
                   another
                   of
                   August
                   the
                   19th
                   ,
                   That
                   on
                   
                     Tuesday
                     following
                  
                   the
                   Defendant
                   should
                   attend
                   ,
                   and
                   shew
                   Cause
                   why
                   the
                   said
                   
                     300
                     l.
                     per
                     Annum
                  
                   should
                   not
                   be
                   decreed
                   ;
                   May
                   it
                   therefore
                   please
                   your
                   Honours
                   to
                   consider
                   these
                   following
                   Considerations
                   ,
                   which
                   are
                   all
                   proved
                   upon
                   Oath
                   ,
                   and
                   good
                   Evidence
                   ;
                   wherein
                   he
                   hopeth
                   it
                   is
                   sufficiently
                   cleared
                   ,
                   that
                   the
                   Plaintiff
                   neither
                   ought
                   to
                   have
                   any
                   Alimony
                   out
                   of
                   that
                   which
                   was
                   her
                   Fathers
                   Estate
                   ,
                   or
                   out
                   of
                   her
                   Husbands
                   .
                
              
            
             
               Mrs.
               Ivie
               ,
               the
               Wife
               of
               
                 Thomas
                 Ivie
              
               ,
               suggesteth
               by
               her
               Petition
               to
               the
               Lords
               Commissioners
               ,
               That
               her
               Husband
               hath
               deserted
               her
               ,
               and
               left
               her
               no
               means
               to
               live
               ;
               That
               during
               her
               Cohabitation
               with
               him
               ,
               she
               was
               in
               danger
               of
               her
               life
               ,
               and
               became
               very
               weak
               ,
               and
               for
               peril
               of
               receiving
               from
               him
               diseases
               of
               dangerous
               consequence
               ,
               she
               cannot
               Cohabite
               with
               him
               ,
               and
               prays
               Relief
               .
            
             
               The
               Question
               is
               ,
               Whether
               in
               this
               Case
               she
               ought
               to
               have
               Alimony
               .
            
             
               In
               which
               it
               will
               be
               pertinent
               ,
               to
               consider
               the
               near
               conjunction
               that
               is
               between
               Man
               and
               Wife
               ,
               and
               whether
               they
               be
               of
               equal
               Authority
               ,
               or
               there
               be
               a
               Superior
               ,
               and
               in
               whom
               that
               Superiority
               resteth
               .
            
             
               1.
               
               The
               Original
               female
               Ancestor
               was
               taken
               out
               of
               Man
               ,
               and
               by
               the
               Marriage-bond
               were
               made
               one
               flesh
               ,
               though
               several
               Individuals
               ,
               like
               the
               Celestial
               Gemini
               ,
               that
               makes
               but
               one
               Constellation
               ;
               but
               the
               Government
               was
               placed
               upon
               the
               Man
               by
               God
               himself
               ,
               who
               gave
               the
               Law
               in
               Paradise
               ,
               saying
               ,
               Thy
               desire
               shall
               be
               to
               thy
               Husband
               ,
               and
               he
               shall
               rule
               over
               thee
               ,
               Gen.
               3.
               v.
               16.
               1
               
               Cor.
               14.
               v.
               5.
               34.
               and
               by
               the
               Apostle
               remembred
               ,
               That
               Women
               are
               commanded
               to
               be
               under
               obedience
               ;
               so
               saith
               the
               Law
               ;
               and
               that
               they
               submit
               themselves
               unto
               their
               own
               Husbands
               ,
               as
               to
               the
               Lord
               that
               is
               supreme
               ,
               Eph.
               5.
               v.
               22.
               
               Thus
               far
               for
               the
               
                 Divine
                 Law.
              
               
            
             
               2.
               
               The
               Common
               Law
               says
               ,
               That
               a
               Woman
               that
               is
               married
               ,
               is
               not
               
                 sui
                 Iuris
              
               ,
               but
               
                 sub
                 potestate
                 Viri
              
               ,
               hath
               no
               will
               but
               her
               Husbands
               ,
               though
               she
               may
               have
               a
               Stomach
               ;
               therefore
               the
               Civil
               Acts
               she
               does
               are
               void
               in
               Common
               Law
               ;
               she
               can
               neither
               take
               nor
               give
               any
               thing
               without
               her
               Husbands
               consent
               ;
               She
               can
               have
               no
               reparation
               for
               any
               wrong
               done
               unto
               her
               Person
               by
               her self
               ,
               without
               her
               Husband
               ,
               and
               the
               damages
               that
               shall
               be
               recovered
               ,
               shall
               go
               to
               the
               Husband
               and
               not
               to
               the
               Wife
               ;
               And
               it
               is
               further
               to
               be
               considered
               the
               extention
               of
               that
               word
               Potestas
               ;
               It
               is
               of
               a
               great
               latitude
               ,
               for
               Soveraign
               Princes
               and
               Governours
               ,
               though
               they
               have
               rule
               and
               power
               of
               the
               People
               ;
               Yet
               they
               cannot
               beat
               ,
               wound
               ,
               or
               kill
               the
               People
               under
               them
               ,
               nor
               do
               any
               thing
               to
               their
               Persons
               corporally
               ;
               but
               according
               to
               their
               Laws
               ,
               by
               Sentence
               or
               Judgment
               :
               But
               the
               Husband
               hath
               power
               of
               Correction
               upon
               the
               Body
               of
               his
               Wife
               ,
               and
               Servant
               ,
               according
               to
               his
               own
               Judgment
               ,
               so
               as
               he
               doth
               not
               wound
               nor
               kill
               ,
               and
               is
               not
               prohibited
               by
               any
               Law.
               
            
             
               3.
               
               The
               Civil
               Law
               (
               as
               I
               take
               it
               )
               agrees
               with
               the
               Common
               Law
               ;
               then
               it
               must
               follow
               by
               necessary
               consequence
               ,
               that
               a
               married
               Woman
               without
               leave
               cannot
               depart
               from
               her
               Husband
               ,
               which
               she
               must
               evidence
               by
               proof
               ,
               no
               more
               than
               a
               Servant
               from
               his
               Master
               ,
               a
               Subject
               from
               his
               Soveraign
               into
               forreign
               parts
               ,
               who
               by
               his
               Missives
               is
               to
               return
               upon
               forfeit
               of
               his
               Estate
               ;
               which
               makes
               good
               what
               was
               said
               before
               ,
               that
               she
               is
               not
               
                 sui
                 Iuris
              
               ,
               and
               in
               some
               sort
               expounds
               and
               explicates
               the
               
                 potestatem
                 Viri
                 in
                 Vxorem
              
               ;
               for
               the
               Master
               may
               seize
               and
               carry
               away
               his
               Servant
               ,
               if
               he
               find
               him
               ,
               or
               implead
               him
               that
               shall
               keep
               him
               ,
               and
               recover
               damages
               for
               the
               time
               he
               keeps
               him
               ;
               so
               may
               the
               Husband
               by
               his
               Wife
               ;
               which
               shews
               the
               propropriety
               and
               interest
               which
               the
               Husband
               hath
               in
               his
               Wife
               ,
               and
               for
               loss
               of
               her
               society
               and
               company
               (
               though
               no
               other
               harm
               be
               done
               )
               he
               shall
               recover
               damages
               against
               the
               detainer
               .
            
             
               Nay
               the
               Husband
               could
               not
               repudiate
               his
               Wife
               ,
               but
               in
               case
               of
               Adultery
               ,
               for
               that
               the
               Bill
               of
               divorce
               spoken
               of
               in
               the
               Old
               Law
               ,
               was
               not
               given
               by
               God
               ,
               but
               permitted
               by
               Moses
               ,
               to
               prevent
               a
               greater
               mischief
               ;
               for
               the
               Iews
               are
               cruel
               Men
               to
               their
               Wives
               ,
               and
               to
               prevent
               Vxoricidium
               ,
               he
               gave
               way
               to
               it
               ,
               
                 Sed
                 non
                 fuit
                 sic
                 ab
                 initio
                 .
              
            
             
               The
               Case
               thus
               stated
               upon
               the
               impotencies
               and
               non-ability
               of
               the
               will
               of
               the
               Wife
               ,
               and
               the
               just
               Rule
               and
               Power
               of
               the
               Husband
               over
               her
               Will
               and
               Person
               ;
               t
               is
               considerable
               ,
               whether
               by
               Law
               or
               Reason
               ,
               a
               Wife
               departing
               without
               leave
               ,
               shall
               have
               allowance
               to
               live
               separate
               ,
               which
               is
               called
               Alimony
               .
            
             
               Alimony
               is
               a
               Thing
               not
               known
               at
               the
               Common
               or
               Civil
               Law
               ,
               but
               indulged
               ,
               and
               brought
               in
               by
               the
               Pope
               and
               his
               Canons
               ,
               and
               very
               much
               put
               in
               Use
               by
               the
               late
               High
               Commission
               and
               Prerogativive
               Court
               of
               Canterbury
               ,
               wherein
               ,
               upon
               Sentence
               of
               Separation
               from
               Bed
               and
               Board
               given
               by
               that
               Court
               ,
               the
               Husband
               was
               enjoyned
               to
               make
               allowance
               to
               the
               Wife
               ,
               and
               the
               Husband
               enforced
               to
               give
               security
               for
               the
               payment
               ,
               and
               many
               times
               imprisoned
               upon
               failure
               of
               performance
               ;
               yet
               in
               those
               cases
               ,
               both
               of
               Bonds
               and
               Imprisonments
               ,
               the
               Husband
               upon
               
                 Habeas
                 Corpus
              
               returnable
               in
               the
               upper
               Bench
               ,
               where
               by
               Judgment
               of
               that
               Court
               ,
               discharged
               of
               both
               ,
               if
               the
               Husband
               cohabit
               ,
               because
               the
               Law
               says
               ,
               
                 Quos
                 Deus
                 conjunxit
                 ,
                 nemo
                 
                 separet
                 .
              
               So
               as
               without
               the
               Husbands
               consent
               no
               separation
               could
               be
               made
               ,
               and
               if
               no
               separation
               ,
               no
               Alimony
               .
            
             
               Nor
               were
               personal
               Infirmities
               or
               Diseases
               contracted
               after
               Marriage
               sufficient
               cause
               for
               such
               separation
               ,
               because
               she
               may
               Board
               though
               not
               Bed
               with
               such
               a
               Husband
               ;
               but
               where
               the
               temper
               of
               her
               Husband
               was
               more
               severe
               and
               violent
               than
               discreet
               ,
               That
               Court
               by
               the
               wisdom
               of
               prevention
               ,
               which
               is
               better
               than
               the
               wisdom
               of
               remedies
               ,
               did
               use
               ,
               by
               way
               of
               caution
               ,
               to
               take
               bond
               for
               the
               Husbands
               orderly
               usage
               of
               his
               Wife
               ,
               to
               prevent
               the
               cruelty
               ,
               whereof
               they
               had
               no
               Jurisdiction
               ,
               but
               only
               in
               causes
               and
               
                 salute
                 Animae
              
               ,
               and
               not
               
                 pro
                 reformatione
                 Morum
              
               ,
               which
               belongs
               to
               the
               Common
               Law
               ,
               and
               where
               upon
               complaint
               by
               the
               Wife
               in
               that
               kind
               ,
               the
               Common
               Law
               will
               enforce
               the
               Husband
               to
               give
               bond
               to
               secure
               both
               life
               and
               member
               of
               his
               Wife
               from
               maim
               and
               death
               .
            
             
               And
               certainly
               Reason
               is
               against
               it
               .
            
             
               1.
               
               Reason
               commands
               obedience
               to
               Superiors
               ,
               generally
               the
               Apostle
               puts
               it
               further
               ,
               for
               Conscience
               sake
               ,
               and
               disobedience
               is
               not
               cherished
               by
               any
               Reason
               .
            
             
               2.
               
               One
               end
               of
               Marriage
               is
               Mutual
               Society
               and
               Comfort
               ,
               would
               be
               avoided
               by
               the
               Act
               of
               the
               Wife
               ,
               which
               is
               not
               to
               be
               admitted
               upon
               the
               petulant
               Allegation
               of
               difference
               betwixt
               her
               and
               her
               Husband
               upon
               personal
               Infirmities
               .
            
             
               3.
               
               Marriage
               it self
               ,
               and
               all
               the
               Laws
               of
               the
               Wifes
               subjection
               and
               capacity
               by
               so
               long
               time
               pronounced
               and
               received
               ,
               by
               this
               means
               would
               be
               avoided
               .
            
             
               4.
               
               If
               God
               himself
               was
               pleased
               to
               say
               ,
               it
               was
               not
               good
               for
               a
               Man
               to
               be
               alone
               ,
               then
               surely
               we
               may
               safely
               say
               ,
               it
               is
               not
               good
               for
               a
               Woman
               to
               be
               alone
               ;
               for
               though
               they
               are
               the
               weaker
               Vessel
               ,
               and
               have
               the
               lesser
               Reason
               ,
               yet
               they
               have
               the
               stronger
               Passions
               ,
               and
               more
               violent
               Desires
               ,
               and
               so
               more
               subject
               to
               Temptation
               and
               Sin.
               
            
             
               5.
               
               For
               the
               inevitable
               Danger
               of
               illegitimate
               Bastards
               ,
               and
               Clandestine
               Issues
               (
               where
               the
               Wife
               is
               separate
               )
               who
               concealed
               it
               till
               the
               Husbands
               death
               ,
               are
               yet
               inheritable
               to
               his
               Land
               (
               though
               never
               begotten
               by
               him
               ;
               )
               This
               Inconvenience
               sadly
               weighed
               ,
               and
               how
               Epidemically
               it
               may
               run
               to
               all
               Families
               of
               this
               Nation
               ,
               is
               of
               it self
               a
               sufficient
               convincing
               Reason
               ,
               to
               bridle
               the
               rash
               hot
               appetite
               of
               inconsiderable
               women
               ,
               and
               avoid
               all
               Alimony
               .
               But
               on
               the
               other
               side
               ,
               if
               any
               Husband
               shall
               be
               so
               unjust
               to
               his
               Wife
               ,
               and
               unkind
               to
               his
               own
               Flesh
               ,
               whom
               he
               is
               bound
               by
               Law
               to
               maintain
               ,
               as
               to
               separate
               from
               her
               ,
               and
               will
               not
               cohabite
               with
               her
               ,
               
                 Nisi
                 propter
                 Adulterium
              
               ,
               or
               will
               consent
               to
               separate
               ,
               it
               is
               most
               reasonable
               he
               should
               allow
               her
               convenient
               maintenance
               ;
               else
               he
               should
               take
               advantage
               of
               his
               own
               wrong
               and
               humour
               ,
               and
               Women
               should
               be
               in
               a
               worse
               case
               and
               condition
               than
               Servants
               ,
               who
               ,
               during
               their
               contract
               ,
               must
               have
               their
               Wages
               ,
               which
               between
               Husband
               and
               Wife
               ends
               not
               till
               death
               .
               And
               it
               is
               conceived
               the
               Act
               of
               Parliament
               ,
               which
               impowreth
               the
               Lords
               Commissioners
               of
               the
               Great
               Seal
               to
               allow
               Alimony
               ,
               chiefly
               and
               naturally
               intends
               Relief
               ,
               where
               the
               Husband
               doth
               repudiate
               ,
               and
               not
               the
               Wife
               ;
               the
               words
               being
               upon
               consideration
               as
               well
               of
               the
               Portion
               or
               Estate
               that
               hath
               been
               paid
               ,
               or
               come
               to
               the
               Husband
               by
               such
               Wife
               as
               shall
               pray
               Relief
               .
            
             
               And
               therefore
               in
               this
               particular
               Case
               ,
               it
               may
               be
               very
               justly
               insisted
               ,
               even
               from
               the
               Sence
               and
               Letter
               of
               the
               Act
               ;
               as
               also
               that
               't
               was
               Mrs.
               Ivie
               separated
               her self
               from
               her
               Husband
               ,
               't
               was
               not
               her
               Husband
               left
               her
               ;
               Nay
               ,
               after
               she
               was
               gone
               ,
               he
               used
               all
               affectionated
               and
               prudential
               means
               to
               bring
               her
               home
               to
               Cohabit
               with
               him
               ,
               neither
               doth
               he
               desist
               in
               the
               prosecution
               of
               it
               ,
               but
               hath
               several
               ways
               attempted
               it
               ,
               even
               until
               this
               day
               ,
               and
               doth
               still
               declare
               and
               protest
               his
               willingness
               to
               receive
               her
               ,
               whensoever
               she
               will
               Return
               ,
               and
               give
               security
               for
               his
               well
               Usage
               of
               her
               .
            
             
               That
               she
               wanted
               nothing
               before
               her
               departure
               ,
               but
               was
               indeed
               maintained
               far
               above
               her
               quality
               ,
               is
               most
               clear
               from
               the
               Depositions
               ,
               and
               it
               is
               clear
               also
               from
               the
               Depositions
               ,
               that
               there
               was
               no
               deserting
               of
               her
               by
               her
               Husband
               ,
               but
               that
               her
               departure
               was
               absolutely
               upon
               Advice
               and
               Consideration
               design'd
               by
               her self
               and
               her
               Abettors
               ,
               especially
               if
               your
               Lordships
               please
               to
               remember
               those
               unhandsome
               correspondencies
               held
               by
               her
               with
               Gentlemen
               under
               feigned
               names
               ;
               her
               frequenting
               and
               meeting
               them
               in
               scandalous
               houses
               in
               Long-Acre
               and
               other
               places
               ,
               at
               unseasonable
               times
               of
               the
               Night
               ,
               under
               the
               pretence
               of
               withdrawing
               from
               her
               Husband
               (
               being
               a
               Bed
               )
               to
               her
               Devotion
               ;
               Those
               horrid
               and
               detestable
               plots
               upon
               
                 Iane
                 Gilbert
              
               ,
               even
               to
               the
               losing
               of
               her
               life
               ;
               Her
               charging
               her
               Husband
               with
               foul
               diseases
               ,
               of
               which
               he
               was
               cleared
               upon
               Oath
               by
               the
               President
               of
               the
               College
               and
               other
               learned
               Physicians
               ;
               And
               also
               her
               Contrivances
               and
               Sollicitations
               to
               her
               Brother
               
                 Iohn
                 Stepkins
              
               to
               murder
               her
               Husband
               ,
               which
               appears
               by
               the
               Oath
               of
               the
               said
               Stepkins
               .
            
             
               Moreover
               seeing
               that
               there
               is
               a
               Caution
               in
               the
               Act
               ,
               that
               the
               allowance
               to
               the
               repudiated
               Wife
               ought
               to
               be
               proportionable
               to
               the
               Fortune
               she
               brought
               her
               Husband
               :
               May
               it
               therefore
               please
               your
               Honours
               to
               understand
               ,
            
             
               1.
               
               That
               he
               never
               received
               any
               penny
               Portion
               as
               yet
               ,
               and
               hath
               great
               reasen
               to
               doubt
               whether
               ever
               he
               shall
               .
            
             
               2.
               
               Because
               the
               Estate
               of
               her
               Father
               is
               at
               the
               present
               in
               the
               aforesaid
               Trustees
               ,
               and
               not
               in
               the
               Defendant
               ,
               nay
               it
               is
               so
               setled
               on
               them
               ,
               that
               unless
               I
               can
               raise
               and
               secure
               4000
               l.
               more
               besides
               7000
               l.
               already
               laid
               out
               ,
               they
               are
               not
               obliged
               ,
               neither
               will
               they
               ,
               nor
               can
               they
               convey
               it
               to
               the
               Defendant
               ,
               as
               appears
               by
               the
               Indenture
               of
               Settlement
               .
            
             
               3.
               
               In
               case
               they
               should
               convey
               and
               settle
               on
               the
               Defendant
               the
               said
               Estate
               ,
               't
               is
               only
               for
               his
               life
               ,
               and
               no
               longer
               ;
               for
               which
               Estate
               ,
               being
               only
               240
               
                 l.
                 per
                 Annum
              
               ,
               He
               has
               disbursed
               and
               laid
               out
               far
               more
               money
               than
               it
               is
               worth
               ;
               this
               appears
               from
               the
               Indenture
               (
               viz.
               )
               a
               1000
               l.
               to
               Mr.
               Stepkins
               in
               ready
               money
               ,
               to
               free
               the
               Estate
               from
               incumbrances
               three
               years
               since
               .
            
             
               The
               Interest
               whereof
               comes
               to
               200
               l.
               In
               Jewels
               ,
               Pearls
               ,
               Ambergreeze
               ,
               Bezoar
               ,
               &c.
               to
               the
               value
               of
               1200
               l.
               There
               was
               also
               spent
               in
               Law
               to
               enforce
               the
               Trustees
               ,
               who
               were
               kept
               back
               and
               hindred
               by
               Mr.
               Stepkins
               her
               Father
               ,
               to
               settle
               the
               Estate
               according
               to
               the
               Covenants
               ,
               and
               for
               the
               Fine
               and
               Recovery
               200
               l.
               more
               at
               least
               ,
               which
               makes
               2600
               l.
               
            
             
             
               That
               notwithstanding
               all
               the
               aforesaid
               Sums
               of
               Money
               have
               been
               laid
               out
               by
               the
               Defendant
               ,
               the
               Trustees
               do
               still
               refuse
               to
               convey
               the
               Estate
               to
               the
               Defendant
               ,
               and
               the
               Plaintiffs
               Brother
               (
               as
               Heir
               at
               Law
               )
               hath
               since
               the
               Death
               of
               his
               Father
               ,
               got
               the
               Possession
               of
               the
               Estate
               ,
               and
               receives
               the
               Rents
               ,
               Issues
               and
               Profits
               thereof
               :
               Insomuch
               that
               the
               Defendant
               hath
               been
               necessitated
               to
               expend
               great
               Sums
               of
               Money
               to
               maintain
               several
               Sutes
               at
               Law
               ,
               both
               against
               the
               Trustees
               and
               Heir
               at
               Law
               ,
               in
               Preservation
               of
               his
               Estate
               for
               Life
               ,
               which
               he
               has
               so
               dearly
               bought
               as
               aforesaid
               .
            
             
               That
               by
               the
               Plaintiffs
               means
               there
               has
               been
               consumed
               and
               wasted
               of
               his
               Estate
               4000
               
                 l.
                 (
                 viz.
              
               )
               3000
               l.
               since
               Marriage
               spent
               on
               her
               ,
               500
               l.
               given
               in
               Money
               ,
               100
               l.
               given
               to
               Gentlemen
               of
               her
               Familiar
               Acquaintance
               ,
               to
               perswade
               her
               to
               go
               into
               the
               Country
               ,
               300
               l.
               taken
               in
               Silks
               and
               Plate
               from
               the
               Defendant
               ,
               whilst
               that
               he
               was
               at
               the
               Court
               of
               Aldermen
               :
               He
               has
               also
               contracted
               several
               great
               Debts
               to
               the
               value
               of
               3000
               l.
               besides
               1000
               l.
               spent
               in
               this
               unhappy
               Sute
               ,
               and
               must
               therefore
               necessarily
               (
               in
               case
               300
               
                 l.
                 per
                 Annum
              
               be
               taken
               from
               him
               )
               be
               cast
               into
               Prison
               the
               most
               part
               of
               his
               Life
               (
               he
               having
               but
               632
               
                 l.
                 per
                 Annum
              
               of
               his
               own
               Estate
               )
               and
               that
               for
               his
               Life
               only
               ,
               both
               to
               pay
               all
               his
               Debts
               aforesaid
               ,
               and
               to
               live
               on
               beside
               .
            
             
               Excepting
               the
               240
               
                 l.
                 per
                 Annum
              
               ,
               which
               if
               it
               be
               recovered
               from
               the
               Heir
               of
               Stepkins
               ,
               and
               recovered
               by
               the
               Trustees
               ,
               all
               which
               will
               yield
               but
               a
               scant
               and
               bare
               Maintenance
               for
               himself
               ,
               Wife
               and
               Family
               ,
               to
               raise
               out
               of
               it
               3000
               l.
               for
               the
               Creditors
               ,
               and
               4000
               l.
               more
               according
               to
               the
               Indenture
               of
               Settlement
               ,
               unless
               the
               Defendant
               be
               acquitted
               and
               discharged
               of
               the
               said
               4000
               l.
               by
               the
               last
               Will
               and
               Testament
               of
               the
               Plaintiffs
               Father
               ,
               in
               whom
               the
               remainder
               of
               the
               Estate
               was
               ,
               in
               case
               the
               Defendant
               should
               have
               no
               Issue
               ,
               or
               not
               perform
               the
               Covenants
               which
               he
               stands
               obliged
               to
               perform
               in
               the
               said
               Deed
               :
               And
               though
               the
               Defendant
               is
               credibly
               informed
               ,
               that
               the
               said
               remainder
               is
               disposed
               of
               to
               the
               said
               Plaintiff
               ,
               and
               the
               Defendant
               is
               also
               acquitted
               from
               all
               performance
               of
               any
               Covenants
               expressed
               in
               the
               said
               Deed
               of
               Settlement
               ;
               Yet
               so
               it
               is
               ,
               that
               the
               Plaintiff
               having
               got
               Possession
               of
               the
               said
               Will
               ,
               and
               by
               Combination
               with
               Sir
               
                 Iohn
                 Brampston
              
               Kr.
               &c.
               his
               Son
               ,
               the
               sole
               Executor
               of
               it
               ,
               still
               keeps
               and
               detains
               the
               said
               Will
               from
               being
               legally
               proved
               :
               Insomuch
               that
               the
               Defendant
               cannot
               make
               any
               Benefit
               of
               the
               said
               Estate
               ,
               nor
               by
               Law
               enforce
               the
               Plaintiff
               to
               produce
               the
               Will
               (
               she
               being
               his
               Wife
               .
               )
               That
               this
               is
               not
               a
               bare
               Suggestion
               ,
               I
               doubt
               not
               but
               is
               very
               evident
               to
               your
               Lordships
               ,
               she
               and
               her
               Sollicitor
               Zanchey
               having
               often
               avouch'd
               in
               your
               Lordships
               presence
               ,
               that
               both
               there
               is
               such
               a
               Will
               ,
               and
               that
               your
               Lordships
               have
               seen
               it
               :
               This
               is
               also
               very
               well
               known
               unto
               her
               Council
               Mr.
               Maynard
               ,
               who
               caused
               to
               be
               delivered
               unto
               Sir
               
                 W.
                 Row
              
               a
               true
               Copy
               of
               the
               said
               Will
               taken
               from
               the
               Original
               ,
               which
               was
               long
               in
               his
               Custody
               .
               But
               such
               is
               the
               Plaintiffs
               Malice
               to
               the
               Defendants
               Person
               and
               Estate
               ,
               that
               she
               still
               suppresses
               and
               hinders
               the
               proving
               of
               it
               ,
               which
               is
               the
               sole
               cause
               of
               the
               Continuance
               of
               many
               great
               Sutes
               and
               vast
               Expences
               to
               the
               Defendant
               ,
               both
               with
               the
               Heirs
               at
               Law
               ,
               the
               Executors
               of
               the
               said
               Will
               ,
               and
               the
               Trustees
               of
               the
               said
               Estate
               ;
               That
               both
               the
               Defendant
               and
               Plaintiff
               must
               necessarily
               be
               defeated
               of
               all
               Hopes
               of
               ever
               enjoying
               the
               Father's
               Estate
               for
               the
               future
               ,
               unless
               the
               4000
               l.
               aforesaid
               be
               raised
               and
               disposed
               of
               ,
               according
               as
               is
               limited
               and
               appointed
               in
               the
               Deed
               of
               Settlement
               ,
               or
               the
               said
               Will
               proved
               ,
               for
               in
               Default
               thereof
               ,
               the
               Trusttes
               are
               obliged
               by
               the
               said
               Indenture
               to
               settle
               the
               said
               Estate
               on
               the
               Plaintiffs
               Father
               ,
               and
               his
               Heirs
               for
               ever
               .
            
             
               And
               the
               Estate
               is
               not
               as
               yet
               recovered
               by
               the
               Defendant
               ,
               but
               is
               still
               invested
               in
               the
               Trustees
               ,
               (
               who
               are
               no
               Parties
               to
               these
               Proceedings
               )
               and
               in
               the
               Possession
               of
               the
               Heir
               at
               Law
               ;
               Insomuch
               that
               no
               Alimony
               ,
               as
               the
               Defendant
               is
               advised
               by
               his
               Counsel
               ,
               can
               be
               ordered
               from
               hence
               ,
               because
               the
               Ordinance
               of
               Parliament
               impowereth
               the
               Lords
               Commissioners
               to
               allow
               the
               Maintenance
               out
               of
               the
               Husband's
               Estate
               ,
               not
               out
               of
               any
               others
               whatsoever
               .
               And
               the
               Plaintiff
               hath
               or
               ought
               to
               have
               in
               her
               Custody
               1200
               l.
               worth
               of
               Jewels
               ,
               which
               were
               delivered
               her
               according
               to
               the
               Indenture
               of
               Settlement
               at
               the
               Intermarriage
               :
               And
               in
               case
               the
               Defendant
               survive
               her
               ,
               ought
               to
               be
               restored
               to
               the
               Defendant
               ,
               who
               hath
               too
               great
               reason
               to
               suspect
               that
               they
               are
               wasted
               and
               embezelled
               ;
               and
               therefore
               the
               Defendant
               humbly
               beseecheth
               your
               Lordships
               ,
               that
               instead
               of
               giving
               her
               Alimony
               ,
               you
               will
               be
               pleased
               to
               force
               her
               to
               give
               good
               Security
               unto
               the
               Defendant
               ,
               or
               bring
               the
               Jewels
               into
               Court
               ,
               that
               so
               he
               may
               not
               be
               cheated
               of
               1200
               l.
               by
               the
               Plaintiff
               and
               her
               Abettors
               ;
               and
               unless
               your
               Honours
               yield
               to
               secure
               the
               said
               Jewels
               whilst
               this
               Cause
               depends
               before
               you
               ,
               he
               doth
               not
               conceive
               where
               or
               how
               he
               can
               be
               redressed
               from
               any
               Court
               of
               England
               .
            
             
               That
               about
               the
               beginning
               of
               these
               Unhappy
               Differences
               ,
               it
               was
               proposed
               both
               by
               the
               Plaintiff
               and
               her
               Father
               ,
               that
               in
               case
               she
               might
               have
               her
               liberty
               to
               live
               where
               she
               would
               ,
               that
               she
               would
               accept
               of
               120
               
                 l.
                 per
                 Annum
              
               ,
               for
               her
               Maintenance
               ,
               and
               look
               on
               it
               as
               a
               very
               good
               Provision
               ;
               which
               accordingly
               was
               agreed
               upon
               ,
               and
               drawn
               into
               Writing
               ,
               and
               Engrossed
               ,
               by
               and
               with
               the
               Consent
               of
               Sir
               
                 Iohn
                 Brampstone
              
               her
               Uncle
               ,
               and
               
                 Orlando
                 Bridgeman
              
               
                 Esq
              
               two
               of
               her
               Trustees
               ;
               her
               Father
               also
               promising
               that
               his
               Estate
               should
               be
               setled
               according
               to
               the
               Covenants
               on
               the
               Defendant
               ,
               without
               further
               Sute
               of
               Law
               ;
               but
               the
               said
               Defendant
               was
               unwilling
               to
               Seal
               it
               ,
               being
               very
               tender
               to
               Act
               any
               thing
               that
               might
               separate
               him
               from
               the
               continual
               Enjoyment
               and
               Society
               of
               his
               Wife
               ;
               so
               that
               300
               
                 l.
                 per
                 Annum
              
               is
               more
               than
               her self
               ,
               Father
               ,
               Trustees
               and
               Friends
               ,
               did
               think
               fitting
               by
               180
               
                 l.
                 per
                 Annum
              
               .
            
             
               That
               the
               Petition
               it self
               is
               both
               False
               and
               Scandalous
               ,
               and
               hath
               been
               disproved
               by
               several
               Witnesses
               ;
               nay
               the
               contrary
               also
               proved
               by
               Persons
               of
               Quality
               ,
               that
               she
               lived
               very
               Plentifully
               in
               great
               abundance
               ,
               rather
               beyond
               ,
               than
               under
               her
               Quality
               in
               every
               respect
               ,
               as
               the
               Defendant
               hopeth
               is
               most
               visible
               to
               your
               Honours
               .
            
             
               That
               notwithstanding
               such
               vast
               Sums
               have
               been
               expended
               on
               her
               by
               her
               means
               ,
               and
               that
               the
               said
               Defendant
               is
               to
               pay
               to
               Creditors
               3000
               l.
               and
               to
               raise
               4000
               l.
               more
               to
               be
               secured
               unto
               the
               Trustees
               as
               aforesaid
               ;
               And
               that
               in
               case
               he
               recover
               the
               Plaintiffs
               Father's
               Estate
               ,
               't
               will
               not
               ,
               with
               his
               own
               ,
               make
               above
               872
               
                 l.
                 per
                 Annum
              
               ,
               out
               of
               which
               all
               these
               Moneys
               must
               be
               raised
               ;
               and
               in
               case
               300
               
                 l.
                 per
                 Annum
              
               of
               this
               shall
               be
               taken
               away
               out
               of
               the
               Plaintiffs
               Father's
               Estate
               ,
               which
               he
               has
               dearly
               bought
               ,
               and
               purchased
               ;
               That
               't
               will
               be
               impossible
               for
               the
               Defendant
               to
               avoid
               perpetual
               Imprisonment
               ,
               but
               must
               be
               kept
               in
               Goal
               ,
               and
               the
               Creditors
               Defrauded
               ,
               and
               must
               there
               perish
               ,
               and
               himself
               be
               cheated
               also
               of
               1200
               l.
               worth
               of
               
               Jewels
               ;
               yet
               he
               is
               most
               willing
               to
               receive
               her
               ,
               and
               take
               her
               ,
               again
               ,
               and
               forget
               all
               former
               Passages
               whatsoever
               ,
               that
               so
               they
               may
               be
               for
               the
               future
               lead
               a
               peaceable
               and
               godly
               Life
               together
               .
            
             
               Counsel
               also
               I
               did
               retain
               ,
               very
               many
               ,
               and
               great
               ones
               ;
               That
               in
               Case
               the
               Lords
               should
               refuse
               the
               Papers
               ,
               and
               would
               not
               hear
               the
               Merits
               of
               the
               Cause
               in
               Publick
               ,
               (
               in
               regard
               I
               might
               not
               be
               wanting
               ,
               to
               lose
               the
               opportunity
               of
               that
               Time
               which
               they
               had
               ordered
               for
               me
               )
               I
               drew
               up
               also
               to
               be
               rendred
               at
               the
               same
               time
               (
               that
               (
               if
               it
               had
               been
               possible
               )
               I
               might
               have
               prevented
               both
               Reading
               and
               Arguing
               too
               )
               this
               short
               Petition
               following
               .
            
             
               
                 
                   
                     Theodosia
                     Ivie
                  
                   ,
                   Plaintiff
                   ,
                   
                     Thomas
                     Ivie
                  
                   ,
                   Defendant
                   .
                   To
                   the
                   Right
                   Honourable
                   the
                   Lords
                   Commissioners
                   for
                   the
                   Custody
                   of
                   the
                   Great
                   Seal
                   of
                   England
                   .
                   The
                   Humble
                   Petition
                   of
                   
                     Thomas
                     Ivie
                  
                   ,
                   Defendant
                   .
                
                 
                   Sheweth
                   ,
                
                 
                   THat
                   your
                   Petitioner
                   (
                   with
                   much
                   Horror
                   and
                   Amazement
                   )
                   doth
                   consider
                   the
                   great
                   unhappiness
                   of
                   his
                   future
                   life
                   ,
                   if
                   your
                   Lordships
                   shall
                   both
                   separate
                   him
                   from
                   the
                   Society
                   of
                   his
                   Wife
                   ,
                   and
                   take
                   from
                   him
                   so
                   great
                   a
                   part
                   of
                   his
                   Estate
                   ,
                   having
                   such
                   great
                   debts
                   to
                   pay
                   ,
                   as
                   have
                   been
                   made
                   appear
                   to
                   your
                   Lordships
                   .
                
                 
                   That
                   he
                   cannot
                   Despair
                   in
                   the
                   infinite
                   Mercy
                   of
                   God
                   ,
                   in
                   whose
                   hands
                   are
                   the
                   hearts
                   and
                   desires
                   of
                   all
                   Mankind
                   ,
                   But
                   that
                   his
                   Wife
                   (
                   notwithstanding
                   such
                   vast
                   sums
                   of
                   Money
                   have
                   been
                   wasted
                   ,
                   and
                   such
                   odious
                   aspersions
                   cast
                   on
                   him
                   )
                   may
                   yet
                   return
                   ,
                   and
                   take
                   Comfort
                   from
                   her
                   Husband
                   (
                   being
                   passionately
                   desirous
                   to
                   receive
                   her
                   )
                   if
                   all
                   Christian
                   and
                   prudent
                   means
                   ,
                   may
                   be
                   applied
                   .
                
                 
                   That
                   for
                   your
                   Petitioners
                   part
                   ,
                   he
                   doth
                   (
                   as
                   in
                   the
                   presence
                   of
                   God
                   )
                   forgive
                   her
                   from
                   the
                   bottom
                   of
                   his
                   Soul
                   ,
                   and
                   is
                   most
                   willing
                   to
                   cohabit
                   with
                   her
                   ,
                   so
                   long
                   as
                   he
                   liveth
                   on
                   Earth
                   .
                
                 
                   That
                   he
                   hath
                   often
                   desired
                   to
                   express
                   unto
                   her
                   ,
                   and
                   used
                   all
                   the
                   Industry
                   (
                   as
                   Man
                   can
                   imagine
                   )
                   but
                   once
                   to
                   speak
                   with
                   her
                   (
                   even
                   before
                   any
                   of
                   her
                   Friends
                   ,
                   to
                   let
                   her
                   know
                   so
                   much
                   )
                   but
                   could
                   never
                   obtain
                   any
                   such
                   meeting
                   from
                   her
                   .
                
                 
                   In
                   Order
                   hereunto
                   ,
                   he
                   very
                   willing
                   that
                   a
                   Godly
                   and
                   Conscientious
                   Divine
                   ,
                   (
                   may
                   be
                   received
                   to
                   live
                   in
                   house
                   with
                   your
                   Petitioner
                   and
                   his
                   Wife
                   ,
                   )
                   both
                   to
                   exhort
                   and
                   instruct
                   them
                   in
                   their
                   Duties
                   towards
                   God
                   ,
                   and
                   one
                   another
                   ;
                   and
                   to
                   perform
                   all
                   Gospel
                   ,
                   and
                   Family-Duties
                   amongst
                   them
                   :
                   for
                   certainly
                   the
                   Lord
                   will
                   not
                   deny
                   a
                   Blessing
                   on
                   those
                   means
                   which
                   he
                   hath
                   ordained
                   ;
                   and
                   which
                   is
                   unfeignedly
                   sought
                   after
                   by
                   a
                   broken
                   and
                   contrite
                   Spirit
                   .
                   And
                   your
                   Petitioner
                   will
                   oblige
                   himself
                   to
                   allow
                   any
                   such
                   Minister
                   
                     50
                     l.
                     per
                     Annum
                  
                   ,
                   besides
                   all
                   other
                   conveniences
                   whatsoever
                   .
                
                 
                   May
                   it
                   therefore
                   please
                   your
                   Lordships
                   ,
                   not
                   to
                   pronounce
                   any
                   such
                   hard
                   Sentence
                   (
                   as
                   Separaration
                   )
                   but
                   rather
                   enjoyn
                   your
                   Petitioner
                   and
                   his
                   Wife
                   to
                   live
                   together
                   ;
                   and
                   to
                   appoint
                   any
                   honest
                   and
                   religious
                   Divine
                   to
                   live
                   with
                   them
                   ,
                   who
                   may
                   ever
                   be
                   at
                   hand
                   pray
                   with
                   them
                   ,
                   and
                   for
                   them
                   ,
                   and
                   keep
                   up
                   their
                   Spirits
                   in
                   Peace
                   and
                   Unity
                   together
                   .
                
                 
                   
                     
                       August
                       
                       24th
                       .
                       1652.
                       
                    
                  
                   
                     And
                     your
                     Petitioner
                     shall
                     pray
                     ,
                     &c.
                     
                       Thomas
                       Ivie
                    
                     .
                  
                
              
            
             
               When
               the
               Day
               came
               ,
               and
               the
               Counsel
               began
               to
               speak
               ,
               my
               hopes
               were
               quickly
               commanded
               to
               vanish
               ,
               and
               the
               Counsel
               to
               hold
               their
               Peace
               ;
               for
               they
               suddenly
               declared
               ,
               That
               they
               would
               not
               hear
               the
               Merits
               of
               the
               Cause
               .
            
             
               With
               much
               pressing
               ,
               Mr.
               Lisle
               read
               the
               Petition
               ;
               And
               though
               they
               took
               evident
               notice
               of
               it
               ,
               yet
               would
               they
               not
               return
               any
               Answer
               to
               it
               ;
               or
               so
               much
               as
               demand
               of
               my
               Wife
               ,
               (
               who
               stood
               there
               laughing
               in
               their
               Presence
               )
               whether
               she
               would
               return
               to
               me
               ,
               or
               no
               ;
               Only
               they
               were
               pleased
               to
               find
               fault
               with
               that
               word
               [
               Separation
               ,
               ]
               And
               told
               my
               Counsel
               ,
               That
               they
               neither
               had
               ,
               or
               could
               separate
               our
               Persons
               .
            
             
               These
               words
               they
               had
               no
               sooner
               spoke
               ,
               but
               (
               I
               confess
               )
               I
               laid
               hold
               on
               ;
               though
               I
               had
               been
               most
               hardly
               and
               severely
               dealt
               withal
               ,
               in
               the
               judgment
               of
               those
               that
               were
               present
               .
            
             
               Insomuch
               ,
               That
               now
               I
               did
               despair
               ,
               ever
               to
               find
               amongst
               them
               ,
               and
               indeed
               ,
               did
               determine
               to
               commit
               my
               Cause
               unto
               God
               ,
               until
               (
               in
               his
               due
               time
               )
               he
               should
               raise
               up
               Judges
               in
               our
               Israel
               ,
               who
               should
               execute
               Righteous
               Judgment
               ,
               even
               upon
               those
               Judges
               themselves
               .
            
             
               But
               in
               the
               mean
               time
               ,
               I
               was
               advised
               (
               which
               was
               very
               agreeable
               unto
               my
               own
               Disposition
               ,
               not
               to
               leave
               any
               thing
               unattempted
               ,
               which
               might
               be
               thought
               advantagious
               to
               a
               union
               of
               Us
               ,
               )
               but
               to
               go
               personally
               to
               my
               Wife
               ,
               and
               persuade
               her
               my self
               ,
               to
               leave
               those
               Persons
               who
               aimed
               at
               both
               our
               Ruines
               ,
               And
               to
               return
               to
               me
               ,
               (
               passionately
               willing
               to
               receive
               her
               .
               )
            
             
               And
               if
               she
               should
               ,
               (
               notwithstanding
               )
               refuse
               to
               speak
               ,
               or
               go
               with
               me
               ,
               then
               to
               demand
               her
               of
               those
               Persons
               who
               received
               her
               into
               their
               houses
               .
            
             
               Accordingly
               ,
               (
               taking
               two
               civil
               Gentlemen
               )
               I
               went
               to
               her
               Lodging
               ,
               but
               received
               a
               Repulse
               from
               her
               ,
               instead
               of
               Compliance
               ;
               and
               then
               ,
               seeing
               Mr.
               Williamson
               (
               who
               kept
               the
               house
               )
               I
               required
               from
               him
               the
               person
               of
               my
               Wife
               ,
               who
               refusing
               her
               ,
               was
               sued
               by
               me
               .
            
             
               And
               upon
               the
               Tryal
               before
               my
               Lord
               Chief
               Justice
               Roles
               (
               a
               renowned
               Person
               )
               had
               a
               Verdict
               ,
               Judgment
               and
               Execution
               of
               100
               l.
               against
               the
               said
               Williamson
               ,
               for
               detaining
               my
               Wife
               from
               me
               .
            
             
             
               Many
               Counsels
               there
               were
               to
               argue
               the
               Case
               ;
               and
               the
               Decree
               in
               it self
               (
               under
               the
               Great
               Seal
               of
               England
               )
               was
               opened
               ,
               read
               and
               shewed
               the
               Jury
               :
               But
               my
               Lord
               Roles
               quickly
               stated
               the
               resolution
               of
               the
               Case
               in
               my
               behalf
               ,
               and
               the
               Jury
               gave
               me
               100
               l.
               damages
               .
            
             
               Williamson
               (
               now
               finding
               himself
               in
               a
               great
               Dilemma
               )
               either
               to
               deliver
               up
               my
               Wife
               ,
               or
               himself
               ,
               to
               ruine
               ;
               and
               my
               Wife
               in
               so
               bad
               a
               condition
               ,
               (
               notwithstanding
               her
               glorious
               Decree
               )
               that
               although
               she
               had
               300
               
                 l.
                 per
                 Annum
              
               ,
               yet
               if
               she
               could
               not
               take
               the
               liberty
               of
               her
               old
               Companions
               ,
               or
               any
               new
               one
               (
               wheresoever
               she
               should
               be
               entertained
               )
               for
               fear
               of
               Judgment
               and
               Executions
               ;
               began
               to
               take
               new
               Counsel
               ,
               how
               to
               free
               Mr.
               Williamson
               and
               her self
               from
               this
               bondage
               of
               living
               under
               the
               Roof
               of
               a
               Husbands
               House
               ;
               and
               the
               truth
               is
               ,
               sollicited
               it
               to
               the
               purpose
               (
               amongst
               her
               old
               Patrons
               )
               the
               Lords
               Commissioners
               .
            
             
               For
               with
               all
               speed
               ,
               Williamson
               prefers
               a
               Bill
               in
               Chancery
               to
               be
               relieved
               against
               my
               Execution
               .
               And
               after
               he
               had
               preferred
               his
               Bill
               (
               though
               my
               Answer
               was
               so
               clear
               ,
               as
               it
               could
               not
               admit
               of
               one
               exception
               )
               moved
               for
               an
               Injunction
               (
               after
               Judgment
               and
               Execution
               granted
               at
               Law
               )
               and
               to
               protect
               him
               for
               keeping
               away
               my
               Wife
               ;
               which
               was
               granted
               in
               these
               words
               ,
               (
               as
               fully
               as
               he
               could
               desire
               )
               being
               ingrossed
               in
               Parchment
               and
               sealed
               .
            
             
               
                 
                   THE
                   Keepers
                   of
                   the
                   Liberty
                   of
                   England
                   ,
                   by
                   Authority
                   of
                   Parliament
                   ;
                   To
                   
                     Thomas
                     Ivie
                  
                   ,
                   Esquire
                   ,
                   and
                   to
                   his
                   Counsellors
                   ,
                   Agents
                   ,
                   and
                   Sollicitors
                   ,
                   and
                   every
                   of
                   them
                   ,
                   Greeting
                   .
                   It
                   was
                   informed
                   in
                   our
                   Court
                   of
                   Chancery
                   
                     10
                     November
                  
                   instant
                   ,
                   in
                   the
                   behalf
                   of
                   
                     George
                     Williamson
                  
                   ,
                   Plaintiff
                   ,
                   against
                   you
                   the
                   said
                   Thomas
                   ,
                   that
                   the
                   Plaintiffs
                   Bill
                   is
                   to
                   be
                   relieved
                   against
                   an
                   Action
                   and
                   Iudgment
                   ,
                   thereupon
                   obtained
                   against
                   the
                   Plaintiff
                   ,
                   upon
                   pretence
                   of
                   the
                   said
                   Plaintiffs
                   detaining
                   of
                   your
                   (
                   the
                   said
                   Defendants
                   Wife
                   )
                   from
                   you
                   ;
                   and
                   it
                   appearing
                   in
                   a
                   Cause
                   of
                   Alimony
                   ,
                   between
                   you
                   ,
                   the
                   said
                   Defendant
                   ,
                   and
                   your
                   Wife
                   ,
                   that
                   their
                   Lordships
                   decreed
                   her
                   Alimony
                   ,
                   during
                   Separation
                   ;
                   In
                   which
                   time
                   ,
                   she
                   ought
                   to
                   have
                   a
                   Habitation
                   a
                   part
                   from
                   you
                   the
                   said
                   Defendant
                   ,
                   as
                   well
                   as
                   a
                   separate
                   maintenance
                   ,
                   or
                   else
                   ,
                   the
                   Decree
                   were
                   groundless
                   :
                   And
                   we
                   conceiving
                   the
                   doings
                   of
                   you
                   (
                   the
                   said
                   Defendant
                   )
                   to
                   be
                   altogether
                   unjust
                   ,
                   Do
                   command
                   and
                   by
                   these
                   Presents
                   strictly
                   enjoyn
                   you
                   the
                   above-named
                   
                     Thomas
                     Ivie
                  
                   ,
                   and
                   you
                   his
                   said
                   Counsellors
                   ,
                   Attorneys
                   ,
                   Agents
                   ,
                   Sollicitors
                   ,
                   and
                   every
                   of
                   you
                   ,
                   under
                   the
                   pain
                   of
                   
                     500
                     l.
                  
                   to
                   be
                   levyed
                   of
                   your
                   Lands
                   ,
                   Goods
                   and
                   Chattels
                   to
                   our
                   use
                   ,
                   That
                   you
                   ,
                   and
                   every
                   of
                   you
                   ,
                   (
                   do
                   from
                   henceforth
                   )
                   surcease
                   and
                   forbear
                   all
                   further
                   Proceedings
                   (
                   at
                   the
                   Common
                   Law
                   )
                   against
                   the
                   Plaintiff
                   upon
                   the
                   said
                   Action
                   and
                   Iudgment
                   thereupon
                   ,
                   until
                   the
                   said
                   Cause
                   shall
                   be
                   finally
                   heard
                   and
                   determined
                   before
                   us
                   in
                   our
                   said
                   Court
                   ;
                   And
                   this
                   you
                   ,
                   nor
                   any
                   of
                   you
                   ,
                   may
                   omit
                   in
                   any
                   wise
                   (
                   under
                   the
                   penalty
                   aforesaid
                   ,
                   )
                   Witness
                   ,
                   our
                   Hands
                   at
                   
                     Westminster
                     10
                     November
                     ,
                     1653.
                  
                   
                
                 
                   Vera
                   Copia
                   ex
                   
                     
                       May.
                       
                    
                  
                
              
            
             
               This
               Injunction
               (
               being
               now
               Granted
               ,
               Signed
               and
               Sealed
               ,
               with
               the
               Commissioners
               Hands
               under
               the
               Great
               Seal
               of
               England
               )
               is
               the
               Accomplishment
               of
               all
               their
               Designs
               ;
               and
               the
               compleating
               of
               my
               Misery
               ;
               though
               the
               Courts
               of
               Law
               ,
               both
               could
               and
               have
               (
               in
               some
               measure
               )
               relieved
               me
               ;
               yet
               is
               the
               power
               of
               it
               restrained
               by
               this
               Injunction
               ;
               which
               indeed
               I
               suppose
               can
               be
               called
               nothing
               else
               ,
               than
               a
               perfect
               Separation
               and
               Divorce
               :
               Whether
               the
               Chancery
               (
               being
               stiled
               the
               High
               Court
               )
               ever
               receives
               from
               any
               Parliaments
               ,
               such
               an
               unlimited
               power
               as
               this
               ;
               It
               behoves
               them
               to
               make
               our
               unto
               your
               Highness
               .
            
             
               'T
               is
               the
               Opinion
               ,
               both
               of
               the
               greatest
               and
               honestest
               Counsel
               of
               England
               ;
               That
               no
               parallel
               for
               this
               Case
               ,
               no
               President
               of
               the
               like
               Nature
               ,
               is
               to
               be
               found
               on
               Record
               ;
               Nay
               ,
               they
               are
               not
               backward
               to
               aver
               ,
               That
               it
               is
               as
               contrary
               to
               the
               Word
               of
               God
               ,
               the
               Law
               of
               the
               Nations
               ,
               the
               Civil
               Law
               ,
               the
               Law
               of
               our
               own
               Country
               ,
               as
               well
               as
               the
               Practice
               of
               the
               Chancery
               it self
               .
            
             
               Once
               did
               that
               Court
               (
               by
               its
               own
               Authority
               )
               issue
               out
               a
               Sequestration
               upon
               a
               Gentlemans
               Estate
               ,
               and
               it
               was
               by
               very
               many
               Persons
               admired
               ,
               and
               murmur'd
               at
               ;
               but
               never
               could
               I
               hear
               ,
               that
               they
               ever
               sequestred
               Women
               from
               their
               Husbands
               .
            
             
               Were
               there
               not
               a
               superiour
               Jurisdiction
               over
               this
               Court
               ,
               (
               whose
               Determinations
               seems
               too
               too
               Arbitrary
               ,
               )
               being
               gounded
               solely
               upon
               the
               Opinions
               (
               not
               to
               say
               the
               Passions
               or
               Affections
               )
               of
               two
               or
               three
               Erring
               men
               ,
               what
               a
               miserable
               Bondage
               and
               Slavery
               were
               this
               Nation
               in
               ?
               What
               Benefit
               could
               we
               expect
               from
               all
               the
               good
               Laws
               of
               former
               Ages
               ,
               if
               their
               power
               may
               be
               quell'd
               ,
               or
               supprest
               at
               the
               pleasure
               of
               the
               Chancery
               ?
               They
               might
               have
               (
               for
               ought
               I
               know
               )
               made
               an
               Injunction
               also
               ,
               that
               I
               should
               never
               complain
               ;
               and
               if
               I
               had
               attempted
               to
               have
               made
               known
               my
               Case
               ,
               to
               have
               laid
               me
               by
               the
               heels
               .
            
             
               But
               blessed
               be
               the
               Name
               of
               our
               God
               Iehovah
               ,
               whose
               extraordinary
               Providence
               hath
               been
               visible
               in
               this
               Land
               ,
               that
               he
               hath
               raised
               up
               and
               setled
               your
               Highness
               to
               be
               next
               under
               himself
               the
               Supreme
               Dispenser
               of
               Justice
               and
               Righteousness
               to
               these
               Nations
               ,
               which
               the
               Lord
               has
               happily
               placed
               under
               your
               Highness
               Government
               .
               By
               which
               means
               we
               have
               a
               just
               confidence
               to
               be
               assur'd
               ,
               having
               had
               many
               Experiences
               already
               of
               your
               Highnesses
               singular
               piety
               and
               justice
               in
               those
               several
               Stations
               where
               the
               Lord
               has
               formerly
               placed
               you
               .
               That
               there
               shall
               be
               no
               more
               complainings
               made
               ,
               either
               in
               our
               Streets
               ,
               or
               in
               the
               very
               Corners
               of
               our
               Country
               ,
               but
               shall
               be
               heard
               ,
               and
               relieved
               ,
               even
               against
               the
               Great
               Ones
               amongst
               us
               .
            
             
               'T
               is
               your
               Highness
               Power
               therefore
               which
               I
               implore
               ;
               't
               is
               only
               your
               Power
               can
               free
               me
               from
               those
               Fetters
               which
               are
               laid
               upon
               me
               by
               the
               Lords
               Commissioners
               ;
               only
               your
               Power
               that
               can
               repair
               me
               for
               the
               Injuries
               done
               ,
               (
               both
               to
               my
               Person
               and
               Estate
               ,
               which
               I
               have
               undergone
               )
               by
               Reason
               of
               my
               seduced
               Wife
               ;
               'T
               is
               you
               alone
               ,
               that
               can
               restore
               me
               the
               Benefit
               of
               the
               Law
               ,
               against
               those
               that
               have
               been
               Incendiaries
               and
               Abettors
               of
               these
               unnatural
               differences
               between
               us
               :
               That
               so
               my
               Reputation
               (
               which
               hath
               been
               a
               long
               time
               clouded
               )
               may
               be
               made
               clear
               ;
               my
               Person
               (
               which
               hath
               continually
               be
               molested
               with
               Carchpoles
               by
               my
               Wives
               means
               )
               may
               be
               at
               length
               free
               ;
               And
               that
               I
               may
               be
               in
               a
               condition
               to
               satisfie
               my
               Creditors
               (
               their
               just
               Debts
               )
               whose
               Purses
               have
               supported
               me
               ;
               and
               that
               a
               final
               end
               may
               be
               put
               to
               these
               unnatural
               differences
               ,
               concerning
               my
               Wife
               ,
               as
               in
               Justice
               and
               Conscience
               shall
               seem
               meet
               unto
               your
               Highness
               .
            
             
             
               In
               order
               to
               this
               ,
               I
               have
               delivr'd
               in
               my
               Petition
               ,
               and
               the
               state
               of
               my
               Case
               ,
               to
               Mr.
               Sadler
               ,
               and
               Mr.
               Long
               ,
               to
               be
               delivered
               unto
               your
               Highness
               ,
               
                 In
                 these
                 words
              
               .
            
             
               
                 
                   To
                   the
                   Parliament
                   for
                   the
                   Commonwealth
                   of
                   England
                   .
                   The
                   Humble
                   Petition
                   of
                   
                     Thomas
                     Ivie
                  
                   ,
                   Esquire
                   .
                
                 
                   Sheweth
                   ,
                
                 
                   THat
                   your
                   Petitioners
                   Wife
                   very
                   suddenly
                   after
                   her
                   Intermarriage
                   with
                   him
                   ,
                   having
                   got
                   from
                   him
                   a
                   Ioynture
                   of
                   
                     1000
                     l.
                     per
                     Annum
                  
                   ,
                   with
                   
                     1000
                     l.
                  
                   in
                   ready
                   money
                   to
                   be
                   left
                   her
                   at
                   the
                   time
                   of
                   his
                   death
                   ,
                   and
                   
                     1200
                     l.
                  
                   in
                   Iewels
                   ,
                   
                     600
                     l.
                  
                   worth
                   of
                   Cloaths
                   ,
                   
                     500
                     l.
                  
                   in
                   ready
                   money
                   ,
                   and
                   accommodation
                   to
                   the
                   value
                   of
                   
                     3000
                     l.
                  
                   in
                   less
                   than
                   in
                   18
                   months
                   time
                   ,
                   (
                   and
                   all
                   this
                   without
                   one
                   Penny
                   Portion
                   with
                   her
                   )
                   hath
                   not
                   only
                   deserted
                   his
                   Company
                   ,
                   but
                   hath
                   preferr'd
                   a
                   Scandalous
                   Petition
                   to
                   the
                   Lords
                   Commissioners
                   for
                   the
                   Great
                   Seal
                   against
                   him
                   ,
                   yet
                   nothing
                   material
                   proved
                   .
                
                 
                   That
                   by
                   these
                   unnatural
                   Courses
                   ,
                   she
                   hath
                   caused
                   him
                   to
                   spend
                   
                     3000
                     l.
                  
                   in
                   this
                   and
                   Twelve
                   other
                   Suits
                   at
                   Law
                   ;
                   by
                   which
                   means
                   aforesaid
                   ,
                   your
                   Petitioner
                   is
                   become
                   indebted
                   at
                   this
                   present
                   time
                   
                     3000
                     l.
                  
                   more
                   at
                   least
                   .
                
                 
                   That
                   he
                   hath
                   often
                   tendred
                   unto
                   the
                   said
                   Commissioners
                   his
                   Willingness
                   to
                   receive
                   her
                   ,
                   and
                   to
                   give
                   any
                   security
                   which
                   they
                   can
                   require
                   ,
                   to
                   use
                   her
                   with
                   all
                   loving
                   Respects
                   becoming
                   a
                   good
                   Husband
                   .
                
                 
                   Notwithstanding
                   the
                   said
                   Commissioners
                   have
                   allowed
                   her
                   
                     300
                     l.
                     per
                     Annum
                  
                   Alimony
                   ;
                   and
                   refused
                   to
                   hear
                   the
                   Merits
                   of
                   the
                   Cause
                   ,
                   though
                   they
                   had
                   ordered
                   it
                   under
                   their
                   hands
                   ;
                   and
                   have
                   also
                   granted
                   an
                   Injunction
                   to
                   protect
                   such
                   (
                   who
                   keep
                   the
                   Person
                   of
                   his
                   Wife
                   from
                   him
                   )
                   contrary
                   to
                   Law.
                   
                
                 
                   Insomuch
                   ,
                   that
                   your
                   Petitioner
                   hath
                   no
                   Remedy
                   left
                   in
                   Law
                   or
                   Equity
                   .
                   (
                   All
                   which
                   may
                   more
                   clearly
                   appear
                   by
                   the
                   State
                   of
                   his
                   Case
                   and
                   Narrative
                   hereunto
                   annexed
                   .
                   )
                
                 
                   May
                   it
                   therefore
                   please
                   your
                   Honours
                   to
                   commisserate
                   his
                   sad
                   Condition
                   ;
                   and
                   (
                   in
                   regard
                   she
                   obstinately
                   refuseth
                   to
                   Cohabit
                   with
                   him
                   in
                   the
                   Quality
                   of
                   a
                   Wife
                   )
                   to
                   vacate
                   the
                   said
                   Order
                   of
                   300
                   
                     l.
                     per
                     Annum
                  
                   ;
                   and
                   to
                   null
                   the
                   said
                   Joynture
                   of
                   1000
                   
                     l.
                     per
                     Annum
                  
                   ,
                   and
                   1000
                   l.
                   in
                   ready
                   money
                   ;
                   and
                   to
                   enforce
                   her
                   to
                   return
                   the
                   1200
                   l.
                   in
                   Jewels
                   ,
                   whereby
                   your
                   Petitioner
                   may
                   be
                   inabled
                   to
                   satisfie
                   his
                   Creditors
                   their
                   just
                   Debts
                   ;
                   and
                   that
                   Reparation
                   and
                   Satisfaction
                   may
                   be
                   made
                   ,
                   both
                   to
                   his
                   Reputation
                   and
                   Estate
                   ,
                   as
                   shall
                   seem
                   meet
                   to
                   your
                   Honours
                   Wisdoms
                   and
                   Justice
                   .
                
                 
                   
                     
                       And
                       your
                       Petitioner
                    
                     ,
                     &c.
                     
                  
                
              
            
             
               
                 
                   To
                   the
                   Parliament
                   for
                   the
                   Common-wealth
                   of
                   England
                   .
                   The
                   State
                   of
                   the
                   Case
                   of
                   
                     Thomas
                     Ivie
                  
                   ,
                   Esquire
                   .
                
                 
                   THat
                   Mr.
                   Ivie
                   ,
                   about
                   October
                   1649.
                   took
                   to
                   Wife
                   
                     Theodosia
                     Garret
                  
                   ,
                   Widow
                   ,
                   Daughter
                   of
                   
                     Iohn
                     Stepkins
                  
                   ,
                   
                     Esq
                  
                   on
                   whom
                   ,
                   by
                   reason
                   of
                   the
                   great
                   affection
                   ,
                   which
                   he
                   bore
                   unto
                   her
                   ,
                   he
                   setled
                   1000
                   
                     l.
                     per
                     Annum
                     ,
                     Ioynture
                  
                   ,
                   and
                   gave
                   also
                   security
                   to
                   leave
                   1000
                   l.
                   in
                   ready
                   money
                   at
                   the
                   time
                   of
                   his
                   death
                   ,
                   and
                   this
                   without
                   any
                   consideration
                   of
                   a
                   Portion
                   from
                   her
                   Father
                   ,
                   or
                   any
                   Estate
                   left
                   her
                   by
                   her
                   former
                   Husband
                   ,
                   who
                   not
                   only
                   left
                   her
                   without
                   a
                   Joynture
                   ,
                   but
                   in
                   debt
                   also
                   .
                
                 
                   That
                   the
                   said
                   Stepkins
                   perceiving
                   how
                   really
                   Mr.
                   Ivie
                   stood
                   affected
                   to
                   his
                   said
                   Daughter
                   ,
                   and
                   with
                   what
                   chearfulness
                   and
                   willingness
                   he
                   was
                   resolved
                   to
                   settle
                   all
                   his
                   Estate
                   for
                   the
                   good
                   and
                   preferment
                   of
                   his
                   said
                   Daughter
                   ;
                   was
                   content
                   ,
                   that
                   if
                   Mr.
                   Ivie
                   would
                   free
                   his
                   the
                   said
                   Stepkins
                   Estate
                   ,
                   which
                   was
                   240
                   
                     l.
                     per
                     Annum
                  
                   then
                   encumbred
                   with
                   several
                   Debts
                   ,
                   or
                   pay
                   a
                   1000
                   l.
                   towards
                   the
                   same
                   ,
                   and
                   deliver
                   into
                   the
                   hands
                   of
                   the
                   said
                   Daughter
                   1200
                   l.
                   in
                   Jewels
                   ,
                   that
                   then
                   it
                   should
                   be
                   setled
                   on
                   Mr.
                   Ivie
                   for
                   his
                   Life
                   ,
                   and
                   afterwards
                   to
                   the
                   use
                   of
                   his
                   Daughter
                   for
                   her
                   Life
                   ;
                   And
                   in
                   case
                   ,
                   he
                   had
                   no
                   Issue
                   by
                   her
                   ,
                   then
                   to
                   the
                   Heirs
                   general
                   of
                   the
                   said
                   Stepkins
                   ,
                   or
                   such
                   as
                   the
                   said
                   Stepkins
                   should
                   limit
                   and
                   appoint
                   .
                
                 
                   Whereupon
                   Mr.
                   Ivie
                   did
                   deliver
                   unto
                   the
                   said
                   Theodosia
                   ,
                   rich
                   Jewels
                   ,
                   to
                   the
                   value
                   of
                   1200
                   l.
                   in
                   ready
                   mony
                   to
                   the
                   said
                   Stepkins
                   ,
                   to
                   free
                   his
                   Estate
                   accordingly
                   .
                
                 
                   That
                   Mr.
                   Ivie
                   then
                   expected
                   a
                   reciprocal
                   return
                   of
                   his
                   affection
                   ,
                   which
                   he
                   had
                   so
                   cordially
                   demonstrated
                   :
                   But
                   when
                   the
                   said
                   1000
                   l.
                   was
                   paid
                   ,
                   and
                   a
                   firm
                   and
                   legal
                   settlement
                   of
                   the
                   Joynture
                   made
                   ,
                   and
                   the
                   Jewels
                   delivered
                   to
                   his
                   said
                   Wife
                   ,
                   He
                   found
                   great
                   reason
                   to
                   suspect
                   ,
                   that
                   't
                   was
                   rather
                   his
                   Fortune
                   than
                   himself
                   ,
                   which
                   she
                   had
                   wedded
                   :
                   For
                   she
                   not
                   only
                   sought
                   all
                   means
                   to
                   avoid
                   his
                   Company
                   ,
                   but
                   chose
                   out
                   those
                   as
                   she
                   thought
                   might
                   be
                   most
                   offensive
                   to
                   him
                   ,
                   and
                   such
                   (
                   whom
                   by
                   reason
                   of
                   the
                   scandal
                   they
                   lay
                   under
                   )
                   he
                   had
                   prohibited
                   her
                   to
                   converse
                   with
                   .
                
                 
                   Notwithstanding
                   ,
                   seeing
                   it
                   was
                   the
                   pleasure
                   of
                   the
                   Lord
                   to
                   unite
                   them
                   in
                   so
                   near
                   a
                   union
                   ;
                   Mr.
                   Ivie
                   was
                   resolved
                   not
                   to
                   leave
                   any
                   fair
                   and
                   honest
                   motives
                   (
                   either
                   of
                   Purse
                   or
                   Persuasion
                   )
                   unattempted
                   ,
                   which
                   might
                   encline
                   her
                   affection
                   towards
                   him
                   ;
                   and
                   in
                   order
                   hereunto
                   (
                   there
                   was
                   nothing
                   which
                   she
                   ever
                   proposed
                   ,
                   which
                   might
                   be
                   for
                   her
                   content
                   )
                   that
                   he
                   did
                   deny
                   unto
                   her
                   :
                   And
                   in
                   less
                   than
                   fourteen
                   Months
                   ,
                   she
                   expended
                   in
                   Apparel
                   ,
                   600
                   l.
                   in
                   ready
                   mony
                   500
                   l.
                   and
                   for
                   other
                   Accommodations
                   about
                   2800
                   l.
                   besides
                   the
                   1200
                   l.
                   in
                   Jewels
                   ,
                   and
                   1000
                   l.
                   in
                   mony
                   aforesaid
                   ;
                   which
                   amounts
                   to
                   6100
                   l.
                   Nay
                   ,
                   the
                   Gifts
                   were
                   so
                   great
                   he
                   bestowed
                   on
                   her
                   ,
                   That
                   he
                   supposeth
                   ,
                   she
                   was
                   even
                   ashamed
                   to
                   request
                   any
                   more
                   from
                   him
                   .
                
                 
                 
                   Nevertheless
                   she
                   ,
                   by
                   the
                   evil
                   Counsel
                   of
                   her
                   Confederates
                   (
                   while
                   he
                   was
                   at
                   the
                   Court
                   of
                   Aldermen
                   )
                   did
                   convey
                   out
                   of
                   his
                   House
                   ,
                   Plate
                   ,
                   and
                   rich
                   East-india
                   Stuffs
                   ,
                   to
                   the
                   value
                   of
                   300
                   l.
                   and
                   divers
                   other
                   goods
                   ,
                   which
                   were
                   by
                   her
                   and
                   her
                   Confederates
                   carried
                   away
                   and
                   imbezeled
                   .
                
                 
                   That
                   Mr.
                   Ivie
                   now
                   finding
                   his
                   own
                   Estate
                   ,
                   as
                   well
                   as
                   his
                   Wives
                   Affection
                   ,
                   too
                   too
                   visibly
                   declining
                   ;
                   and
                   that
                   nothing
                   could
                   attend
                   such
                   an
                   unhappy
                   condition
                   ,
                   but
                   Ruine
                   and
                   Dishonour
                   ;
                   to
                   prevent
                   both
                   ,
                   persuaded
                   his
                   said
                   Wife
                   to
                   retire
                   with
                   him
                   for
                   a
                   while
                   to
                   his
                   Estate
                   in
                   the
                   Country
                   ;
                   thinking
                   thereby
                   to
                   to
                   take
                   her
                   off
                   from
                   the
                   Temptations
                   of
                   those
                   seducing
                   Persons
                   ,
                   who
                   engaged
                   her
                   in
                   such
                   pernicious
                   courses
                   .
                
                 
                   But
                   instead
                   of
                   a
                   compliance
                   ,
                   he
                   found
                   a
                   greater
                   Obstinacy
                   than
                   ever
                   ;
                   neither
                   could
                   her
                   own
                   Friends
                   ,
                   (
                   who
                   then
                   persuaded
                   her
                   to
                   leave
                   the
                   City
                   for
                   a
                   while
                   )
                   prevail
                   with
                   her
                   .
                   And
                   that
                   there
                   might
                   be
                   no
                   industry
                   wanting
                   to
                   persuade
                   her
                   ,
                   he
                   gave
                   100
                   l.
                   to
                   two
                   persons
                   of
                   her
                   familiar
                   Acquaintance
                   ,
                   to
                   be
                   urgent
                   and
                   sollicitous
                   to
                   endeavour
                   the
                   Accomplishment
                   of
                   his
                   desire
                   .
                
                 
                   But
                   by
                   the
                   Practises
                   of
                   the
                   said
                   Confederates
                   ,
                   she
                   was
                   seduced
                   to
                   the
                   preferring
                   of
                   a
                   vile
                   ,
                   scandalous
                   ,
                   and
                   false
                   Petition
                   to
                   the
                   Lords
                   Commissioners
                   against
                   Mr.
                   Ivie
                   for
                   obtaining
                   Alimony
                   ;
                   but
                   not
                   one
                   syllable
                   of
                   her
                   suggestions
                   proved
                   against
                   him
                   :
                   Nay
                   ,
                   the
                   contrary
                   proved
                   by
                   Mr.
                   Ivie
                   ,
                   by
                   the
                   several
                   Testimonies
                   of
                   many
                   Persons
                   of
                   good
                   Quality
                   and
                   Reputation
                   ,
                   as
                   appears
                   by
                   the
                   Depositions
                   themselves
                   ,
                   besides
                   his
                   own
                   Oath
                   ,
                   which
                   he
                   made
                   in
                   answer
                   to
                   the
                   scandalous
                   aspersions
                   cast
                   upon
                   him
                   .
                
                 
                   Notwithstanding
                   this
                   Vindication
                   ,
                   after
                   two
                   years
                   dependance
                   in
                   the
                   Chancery
                   ,
                   and
                   the
                   Expences
                   of
                   almost
                   3000
                   l.
                   in
                   this
                   unnatural
                   ,
                   and
                   twelve
                   other
                   Suits
                   at
                   Law
                   ,
                   (
                   which
                   were
                   commenc'd
                   against
                   him
                   ,
                   by
                   the
                   means
                   of
                   this
                   Suit
                   )
                   she
                   obtained
                   from
                   the
                   Lords
                   Commissioners
                   an
                   Order
                   in
                   private
                   for
                   300
                   
                     l.
                     per
                     Ann.
                     Alimony
                  
                   .
                
                 
                   (
                   Notwithstanding
                   Mr.
                   Ivie
                   was
                   always
                   ready
                   to
                   receive
                   her
                   ,
                   and
                   use
                   her
                   in
                   all
                   Respects
                   according
                   to
                   her
                   Quality
                   neither
                   ,
                   Mr.
                   Ivie
                   )
                   nor
                   his
                   Counsel
                   being
                   present
                   .
                   Notwithstanding
                   they
                   declared
                   ,
                   That
                   they
                   would
                   send
                   for
                   Mr.
                   Ivie
                   ,
                   before
                   they
                   would
                   give
                   Judgment
                   in
                   the
                   Case
                   ;
                   But
                   never
                   as
                   yet
                   did
                   ,
                   nor
                   ever
                   yet
                   heard
                   the
                   Merits
                   of
                   the
                   Cause
                   ;
                   which
                   (
                   in
                   respect
                   of
                   the
                   proceedings
                   )
                   was
                   contrary
                   to
                   the
                   Rules
                   of
                   the
                   Court
                   ;
                   and
                   in
                   respect
                   of
                   the
                   Allowance
                   (
                   in
                   case
                   Mr.
                   Ivie
                   had
                   been
                   guilty
                   of
                   the
                   Complaint
                   )
                   contrary
                   to
                   the
                   Act
                   of
                   Parliament
                   .
                
                 
                   Having
                   thus
                   Affliction
                   added
                   to
                   Affliction
                   ,
                   and
                   being
                   in
                   Debt
                   by
                   the
                   means
                   of
                   his
                   said
                   Wife
                   above
                   3000
                   l.
                   And
                   having
                   not
                   wherewithal
                   to
                   sell
                   to
                   pay
                   his
                   Creditors
                   ,
                   (
                   And
                   in
                   regard
                   the
                   Reversion
                   of
                   his
                   Estate
                   is
                   setled
                   on
                   his
                   said
                   Wife
                   )
                   he
                   attended
                   almost
                   a
                   year
                   upon
                   the
                   Lords
                   Commissioners
                   for
                   his
                   Relief
                   ,
                   that
                   they
                   would
                   be
                   pleased
                   but
                   to
                   grant
                   him
                   a
                   fair
                   hearing
                   upon
                   the
                   Merits
                   of
                   the
                   Cause
                   ,
                   in
                   the
                   presence
                   of
                   both
                   parties
                   ,
                   with
                   their
                   Counsel
                   ;
                   which
                   was
                   by
                   their
                   Order
                   accordingly
                   granted
                   ,
                   and
                   a
                   Day
                   by
                   them
                   appointed
                   .
                
                 
                   But
                   when
                   the
                   Day
                   came
                   ,
                   and
                   Mr.
                   Ivie
                   had
                   retained
                   to
                   his
                   great
                   charge
                   ,
                   many
                   great
                   Counsel
                   ,
                   the
                   Lords
                   Commissioners
                   absolutely
                   refused
                   to
                   hear
                   the
                   said
                   Cause
                   ;
                   which
                   hath
                   exposed
                   the
                   said
                   Mr.
                   Ivie
                   and
                   his
                   Wife
                   to
                   all
                   manner
                   of
                   Temptations
                   ,
                   and
                   their
                   Persons
                   and
                   Estates
                   to
                   utter
                   Ruine
                   .
                
                 
                   And
                   although
                   at
                   the
                   same
                   time
                   Mr.
                   Ivie
                   did
                   Request
                   the
                   said
                   Lords
                   Commissioners
                   to
                   recommend
                   any
                   godly
                   Minister
                   ,
                   whom
                   they
                   themselves
                   should
                   choose
                   to
                   live
                   in
                   house
                   with
                   him
                   and
                   his
                   Wife
                   (
                   as
                   an
                   Expedient
                   to
                   a
                   Peace
                   and
                   Reconciliation
                   between
                   them
                   )
                   for
                   which
                   he
                   obliged
                   himself
                   to
                   allow
                   any
                   such
                   Minister
                   50
                   
                     l.
                     per
                     Annum
                  
                   ,
                   besides
                   all
                   other
                   fitting
                   Accommodations
                   whatsoever
                   ;
                   yet
                   was
                   this
                   Proposal
                   slighted
                   by
                   them
                   ,
                   and
                   laughed
                   at
                   by
                   his
                   said
                   Wife
                   ,
                   even
                   in
                   the
                   presence
                   of
                   their
                   Lordships
                   .
                
                 
                   And
                   since
                   that
                   time
                   Mr.
                   Ivie
                   having
                   sued
                   those
                   (
                   who
                   received
                   her
                   ,
                   and
                   denyed
                   her
                   unto
                   him
                   )
                   and
                   obtained
                   by
                   just
                   proceedings
                   in
                   Law
                   ,
                   a
                   Judgment
                   and
                   Execution
                   against
                   such
                   Persons
                   ,
                   the
                   Lords
                   Commissioners
                   have
                   notwithstanding
                   granted
                   their
                   Injunction
                   for
                   their
                   Protection
                   .
                
                 
                   Insomuch
                   ,
                   that
                   they
                   have
                   now
                   effected
                   an
                   absolute
                   Separation
                   ;
                   which
                   is
                   contrary
                   to
                   the
                   Law
                   of
                   the
                   Nation
                   ,
                   and
                   the
                   Act
                   of
                   Parliament
                   for
                   Alimony
                   it self
                   ;
                   which
                   was
                   declared
                   by
                   my
                   Lord
                   Chief
                   Justice
                   Roles
                   upon
                   Reading
                   the
                   Decree
                   for
                   Alimony
                   .
                
              
            
             
               FINIS
               .
            
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A40860-e72140
           
             27
             Iuly
             ,
             10
             Eliz
             .
             1568.
             
          
           
             Note
             .
          
           
             12
             Oct.
             24
             Eliz
             .
             1582.
             
          
           
             Note
             .
          
           
             Note
             .
          
           
             34
             &
             35
             Eliz.
             
          
           
             Trin.
             43
             Eliz.
             1601.
             
          
           
             Hill.
             9
             Iac.
             1611.
             
          
           
             5
             Aug.
             13
             Iac.
             1615.
             
          
           
             14
             Aug.
             1647.
             
          
           
             Trin.
             Term.
             1656.
             
          
           
             15
             Iuly
             1656.
             
          
           
             5
             Ed.
             6.
             1551.
             
          
           
             5
             Eliz.
             1563.
             
          
           
             Note
             .
          
           
             13
             Eliz.
             1571.
             
          
           
             18
             Eliz.
             1576.
             
          
           
             20
             Eliz.
             1578.
             
          
           
             23
             Eliz.
             1581.
             
          
           
             26
             Eliz.
             1584.
             
          
           
             1
             Iac.
             1603.
             
          
           
             1616.
             
          
           
             27
             Nov.
             25
             Car.
             2.
             
          
           
             13
             May
             ,
             26
             C.
             2.
             
          
           
             
             Easter-Term
             ,
             1686.
             
          
           
             25
             Eliz.
             1583.
             
          
           
             20
             M.
             3
             Iac.
             1604.
             1616.
             
          
           
             26
             Mar.
             1646.
             
          
           
             28
             Mar.
             1646.
             
          
           
             16
             May
             1646.
             
          
           
             19
             Mar.
             1646.
             
          
           
             24
             Apr.
             1649.
             
          
           
             25
             Apr.
             1649.
             
          
           
             2.
             
             Edw.
             6.
             
          
           
             23
             March
             5
             Edw.
             6.
             
          
           
             12
             Nov.
             5
             &
             6
             Phil.
             &
             Mar.
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             6
             Novemb.
             
          
           
             13
             Nov.
             
          
           
             1
             Novemb.
             1613.
             
          
           
             8
             Septemb.
             1619.
             
          
           
             5
             August
             .
             1620.