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
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
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
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
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
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
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
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
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
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
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
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 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.