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king_n	edward_n	england_n	year_n	23,637	5	4.8786	4	false

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

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

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

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.

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

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

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