The State of the Case depending between some of the Inhabitants of Thames Street and Josiah Child, touching Lion-Key, viz.  
THe said Persons in the Name of the City of London, (but for their own private advantage only) have Indicted the Defendant for stopping up the Stairs at Lion-Key aforesaid, and a passage formerly leading down to them; and for planking over eight foot into the River of Thames, and for erecting a Crane upon the said Key, which they say are public Nuisances.  
The Desendant pleads the general Issue; and for proof saith, That the City of London, nor any other person, hath any thing to do with the said Key, but the same is his proper Inheritance in Fee-simple, which he can make appear by Legal Conveyances ever since the Reign of King Henry the Eighth: An Abstract of the Title whereof, is hereunto annexed.  
This the Prosecutors deny not; but they say, That Lion-Key hath always been a noted and common place for landing and taking water.  
To this the Defendant Replies, and will prove by hundreds of Witnesses, That Wharfige was always paid for every thing shipped or landed at Lion-Key, though it were but a small Basket that a man carried in his hand, and as much Wharfige as was ever paid at any private Key or Stairs in London.  
2. That the Passage leading down to Lion-Key, was always locked up at nights, and upon Sundays and Holydays, and as often as any PRIVATE KEY, or Wharf, or Stairs, between the Tower of London, and London-Bridge, was locked; and that before the New Gates were erected, which was about fourteen years past, there were other Ancient Gates to the said Key and Passage, which by computation were above one hundred years standing.  
And if the locking up the Passage at such times, and the constant taking of Whatfige do not demonstrate the Reservation of the Propriety and the Incommunity of the said Passage and Stairs, than there is no private or proper Key, or Wharf, or Stairs between the Tower and London-Bridge: For that it was never known in the memory of any man living, that ever any Wharfinger hindered any Person from Landing or Taking water at his Key or Wharf, it being the common courtesy of every Wharfinger in London, to suffer all Persons that will, to Land or Take water at their Wharves gratis, and so they may yet do at Lion-Key when they please, though the Defendant hath his liberty whether to make Stairs or not upon his own ground, and where to make them: But all Wharfingers of private Keys receive from all persons Wharfige for what Goods they Ship or Land at their Keys. And if this shall be construed to prejudice the propriety of the Owners, the consequence is, that the City may with as much Justice challenge for common Passages all the Wharves in London; even those themselves have let Leases of, to the value of some thousand pounds' peranum, and Indict the Proprietors for altering or lessening their own Stairs or Crains for their own conveniencies: And also all the ways through Vintner's Houses, who for the benefit of their Trades do make Passages through their Taverns; such as is now Mr. Wadlows, at the Sun in Bishops-gate-street, and Mr. sawyer's at the Popes-Head in St. Eliens, and such as was formerly Mr. brown's at the White-Horse, in 〈◊〉 street, and many more before as well as since the Fire, which, notwithstanding were not, nor ever could be, pretended COMMON PASSAGES, because they were locked up at nights by the Owners, being private Persons: Which the King's Highways are not. Nor is the Custom about Ways in all respects the same in London as it is in the Country:  
3. All the COMMON-STAIRS are upon the Cities own ground; as Owners of the Soil, and not only so, but they are, and ever were, erected and repaired at the City's charge; whereas these were always erected and repaired at the charge of the Proprietor or Leffee; and for their own proper use and benefit.  
4. The Defendant hath a large Record to produce out of one of the Courts of Equity, at Westminster, in the eighth Year of King James, wherein a Suit was Comenced by Information of Sir John Brograve Knight, the King's Attorney General: Edward Jeffery being Relator to the said Sir John, wherein, the City was put upon it, to bring in their Claims and Proofs, what COMMON and OPEN PASSAGES, or Stairs, the Freemen of London had a Right to make use of between the Tower of London, and the Temple. And to this Interrogatory, divers witnesses then of great age, some above fourscore years, were sworn and examined on behalf of the Citizens. All or most of whom in their Depositions, do in the Enumeration of the said FREE PASSAGES and Stairs, begin with Tower Dock, and so proceed Westward as far as Little Sumers-Key, and then skip to the other side of London-Bridge to Church-yard Alley Stairs; and not any one of the witnesses do so much as mention Lion-Key or Stairs, (which never had any other name) though they omit not any other Stairs or Place between the Tower and the Temple-Stairs, that the City or Freemen of London ever did, or now do pretend to, except Lion-Key only, which the Prosecutors by crowding their private Interests under the Honourable name of the City, it seems would now screw from the Defendant by right or wrong.  
5. There are several other Records exemplified now in the possession of private Citizens of London, which do recite all the COMMON STAIRS, and Passages which the Citizens and Freemen of London have anciently claimed a right unto, and not one of them doth so much as mention Lion-Key, or Stairs.  
6. The City of London, who in all ages, hath been deservedly Famous for keeping exact Registers and Records of their Concerns in all respects, have no memory or account whatsoever to produce, to show that they ever had or did pretend to any right of Passage, or Stairs, at Lion-Key, although they have of all others which they pretend to, and certainly would have had of this, had they had any right at all thereunto.  
7. The Defendants Deeds of Purchase, and those by which it was formerly bought and sold, do all mention Wharfige to be sold and conveyed with Lion-Key.  
The second Indictment is; for planking over the River of Thames eight foot, and erecting a Crain thereupon.  
The Defendant pleads the general Issue, and for evidence is ready to prove by divers credible Witnesses,  
1. That in the manner it is done, it's no prejudice to the River being upon upright Posts, so that the water hath always a free course under the said planking.  
2. That he hath not gone beyond the ancient bounds▪ of his former Wharfe or Campshiot, but several posts of his ancient bounds of the former Campshiot, or under Wharf, are yet standing, and were never removed, which are now the outermost posts or stakes of the said work into the River.  
3. That moreover he had the consent of the late Lord Mayor for what he did, who was pro illud Vice, under his Majesty, Conservator of the River of Thames.  
4. That for further certainty the Defendant petitioned the Kings most Excellent Majesty for his permission, who was pleased to Refer the consideration of the Defendants Petition to three of his Majesties own Surveyors, and the two City Surveyors, or any three of them, who were the proper Officers by Act of Parliament, for Regulating and Staking out all Buildings within London: Which said Surveyors made the following Certificate to his Majesty, upon sight of which Certificate, the said late Lord Mayor consented to the Defendants going forward with his Work, though he had before forbidden him.  
To the KING'S most Excellent Majesty.  
May it please Your Majesty:  
IN Obedience to Your Majesty's Command, (intimated unto us by Sir William Morris, upon Josiah Child 's Petition) we have viewed the Petitioners Keys, and do humbly certify Your Majesty that we are of Opinion that the said Petioners Request for carrying out of Lion-Key with Plank, in the manner it is already done at Fresh-Wharf, is very reasonable, and will, as is alleged in the Petition, make the said Keys range even to the River of Thames, and the Houses behind them; which we humbly conceive will be most uniform and decent.  
Christopher Wren, Peter Mills, Rob. Hooke.  
By what hath been alleged on the Defendants part, and will be fully proved by very many Witnesses of great Age and Quality, as well eminent Citizens of London, as others, it appears the Defendant hath not only done what Lawfully he might have done upon his own Inheritance, but hath proceeded with Caution, and all due Respect and Humility towards the Honourable City of London.  
But that which is further manifest is, That what the Defendant hath done, he could not omit to do, without the apparent breach of an Act of Parliament, and the express Command of His Majesty Enrolled in the Exchequer.  
For by Act of Parliament made in the Fourteenth Year of His Majesty's Reign, among other things, it is Enacted, That the King's Majesty may by Commission under His Majesty's Seal of the Exchequer appoint such Persons as His Majesty shall think fit, for the Assigning and Appointing of all such and so many Open places to be Keys and Wharves, as shall be meet for the Shipping and Landing of Goods; and settling all those Places by sufficient Meets, Limits, and Bounds. Which Commission, grounded on the aforesaid Act of Parliament, His Majesty did issue forth unto several Noble Men, Officers of the Customs, Gentlemen, Citizens, and Merchants, bearing date the 29th of March last passed, and the said Commissioners did perfect the Return and Certificate of their proceedings on the 24th of May last, which said Certificate upon the 30 of August last, was commanded by his Majesty to be Enrolled in the Roll of Remembrances of the Nineteenth Year of His Majesty's Reign, to the intent that the same might remain as a Law binding upon all persons concerned. And in the said Return and Certificate, the said Commissioners do declare in the fifth page of the Printed Copy thereof, That Lion-Key containing from East to West thirty six foot nine inches, and from the River of Thames Northward forty foot, be a FREE KEY for the Landing of Merchant's Goods, but no Stairs as formerly to be erected thereupon or thereunto. And in the eighth page of the said printed Copy, That Lion-Key being in length as aforesaid, be enlarged into the Thames eight foot in breadth, to make it equal to the utmost 〈◊〉 of ●●●●olph-Wharf, and that from thenceforth the general Wharf of forty foot to be left next the Thames, be reduced accordingly.  
For further certainty wherein, the said Commissioners did with the approbation of the late Lord Mayor of the City of London, employ several Artificers and Surveyors to stake out the Lines for building at the aforesaid distance of forty Foot from the River, for direction of all persons in laying their Foundations, and carrying on their work of Building; and did likewise prescribe the Order and Form for Cranes. In exact conformity whereunto, the Defendant hath proceeded to the erection of one double Crain, and divers large Warehouses on Lion-Key aforesaid, which cost him upwards of Two thousand Pounds, and in the same manner likewise, and in obedience to the same Authority, have all other Owners of Wharves between London-Bridge, and Billingsgate already carried forth their Wharves, with Planks, viz. Fresh-Wharf, Gaunt●-Key, and Summers-Key, and are now building their Warehouses at the aforesaid distance, and according to the Lines staked 〈…〉 intment of his Majesty's Commissioners aforesaid.  
Another Argument which the Prosecutors make use of 〈…〉 own ends; is, ab incomodo, they say it is very inconvenient to the City, that the Stairs at Lion-Key should be taken away; though in truth the inconvenience be only to twelve or fourteen of themselves, whose Shops are near, or do adjoin to the entrance thereof.  
This Argument, if there were any thing in it of truth, avails nothing in Law or Equity, to divest the Defendant of his propriety. But it is so far from truth in respect to the City in general, that there is in reality, nothing in it but noise and clamour: For about fifteen Paces below the said Lion-Key, viz. at Little Summers-Key are a free pair of Stairs, which are the Cities own Stairs, and two pair more just below them at Billingsgate, besides which, the Lay-Stall at Billingsgate, being now removed, there is a most convenient place for erecting of a decent useful pair of Stairs above twice as large as those formerly at Lion-Key; But then indeed, part of the Retail Trade of the Watermens will by reason of the said new erected Stairs, remove eight or ten Shops more Eastward in Thames-street; the fear whereof, is in truth the only cause of all this bustle, whatever else is pretended.  
From all which, it evidently appears, that by this alteration the City of London will receive no Diminution of Trade or Conveniencies: For that little Retail Trade which may be lost in one part, will be fully regained in another part of the same Street; Besides the greater advantage which will and doth already accrue to Merchants, in the Loading and Landing of Goods, by reason of that rational, useful, uniform, and comely Order, in which all the Keys and Wharves of London, are now most prudently established, by his Majesty's Commissioners aforesaid.   

An Abstract of the Title of LION-KEY, and the Ground and Premises there.  
THe Premises were formerly in the time of King Henry the Eighth, King Edward the Sixth, and Queen Marry, belonging to Sir Thomas Miles, and after his Decease descended on six Daughters & Coheirs.  

1. Dame Katherine, first Wife of Sir Thomas Finch, and afterwards of Nicholas St. Leger.  

Husbands of the other five of the said Daughters. 
2. Thomas Kemp. 3. William Bury. 4. John Bury. 5. Johanna Lowen. 6. Thomas Reynolds.     
Jan. 28. 5 Eliz. William Bury, and John Bury, and Johanna Lowen, and their Wives, by Deed indented and enrolled in the Hustings in London, bargain and sell their parts of the Premises to Edmomd Wiseman and his Heirs. Feb. 15 ●6 Eliz. Nicholas St. Leger and Dame Katherine his Wife, and Thomas Kemp and his Wife, by Deed indented sell their parts of the said Premises to Edmond Wiseman and his Heirs, and a Fine there upon Levied, Edmond Wiseman Querent, and Nicholas St. Leger and Katherine his Wife Deforceants. Feb. 13. 36 Eliz. Thomas Reynolds and his Wife by Deed indented and enrolled in Chancery, bargain and sell his part of the said Premises to Edmond Wiseman and his Heirs, another Deed of Covenants of the same date. June 3. 1603. Edmond Wiseman by Will in writing, devices all the Premises unto his Son Sir Charles Wiseman, and his Heirs. April 13. 1647. Edmond Wiseman, Son and Heir of the said Sir Charles Wiseman, by Deed indented and enrolled in Chancery, bargains and sells the said Premises unto Ambrose Brumskel and his Heirs. Apr. 15. 23 Car. 1 Edmond Wiseman and Dulcibella his Wife, by Indenture do Covenant to levy a Fine of the Premises to the use of the said Ambrose Brumskell and his Heirs, and in Trinity Term following the said Fine was levied accordingly. Nou. 9 18 Car. 2. Ambrose Brumskell by Indenture of Bargain and Sale enrolled in Chancery, and other sufficient Assurances, conveys the Premises to Josiah Child, and his Heirs.