March, 1679, 31 Car: 2. between Thomas Att. Gen. (Sir Robert Sawyer.) We admit the assignment. Serj. Stringer. Then we shall prove the lands in question were always held of the dean of Paul's. Att. Gen. Ay do, shew that these lands in question were so, if you can. L. C. J. (Sir G. Jeffreys). I would not interrupt you, gentlemen, pray go your own way; but if I mistake not, you had as good begin with 5 Ed. 6. as you did last time, as I remember; 1 have not indeed my book I had then, here: I fear we have not overmuch time to waste: we shall want time at the latter end of the cause, therefore pray come close to the merits of the cause. Serj. Stringer. We will shew it, if they require, they know it well enough. Alt. Gen. Shew what you can. (Then Mr. Spencer came in and was sworn.) Mr. Williams. Pray, Sir, when first saw you that book? Spencer. Seven years ago. Att. Gen. Where, Sir? Spencer. Among the evidences of the dean and chapter of Paul's. L. C. J. What is it you would read in it? Serj. Stringer. "Tis a short note of a lease. any title. mill- Spencer. I have not observed that I have seen Serj. Stringer. In 5 H. 8. the dean of Paul's, any lease of Dean Collet. Collet, leases to one John Hall. L. C. J. But it is 5 of Ed. 6. I ask for. Serj. Stringer. 23 Feb. 5 Ed. 6. dean May doth make a lease to Joan Hall, and Marcellus Hall. Then dean Fecknam, 10 Dec. 2 and 3 Phil. and Mar. in consideration of a surrender of that lease, lets another lease to Marcellus Hall; and so it continued till May, 1630, and then dean Donne made a lease for three lives: and upon the surrender of that in 1636, dean Winneff made a lease to Moor; and in 1640, be made another lease to Winterburn, which was sold to Mr. Neale, and so came to the lessor of the plaintiff. First read this book. Att. Gen. What book is it, Mr. Serjeant? L. C. J. Ay, tell us what it is; open it before you read it. Clerk reads.] 'A tenement with a watermill, cum Pertinentiis'— L. C. J. What is it you read there? Serj. Stringer. It is a book that belongs to the dean and chapter of St. Paul's. L. C. J. What book is it? How do you prove it to belong to the dean and chapter of Paul's? (Then Mr. Spencer was called, but could not readily come in by reason of the crowd. Mr. Porter was sworn.) Serj. Stringer. Mr. Porter, what say you to this book? Porter. Since the beginning of this suit, this book was found among the writings of the dean and chapter of Paul's. Att. Gen. How long ago, Sir, upon your oath?-Porter. About a year ago. L. C. J. That is but a slovenly account of such a book as this. Mr. Williams. It is plain, my lord, it is not new book made on purpose. L. C. J. It is plain, that in this slippery age we live in, it is very easy to make a book look as old as you would have it. Serj. Stringer. We will go on to the lease made to Marcellus Hall. L. C. J. Have you seen any lease made by Dean Collet, in the time of Henry 8, about any of the church's lands? I ask tion, because I observe here in this paper, in the you questwo places here is the word Dean Collet," writ with another hand than that of the book;. but Nowell is writ with the same hand as the other. And so Nowell seems to have been put for the maker of this lease, as being put upon the top; when in truth he was not dean till long after. Upon your oath, in whose name was that lease let that is here spoken of? Spencer. I know not, my lord; that is the book I saw then. L. C. J. Is this lease in your book of leases ? Att. Gen. Pray, Gentlemen, you did produce before your original deed of purchase, where is it now? Mr. Williams. That book was produced and read at the first trial. L. C. J. What first trial? Not that last Term. Mr. Williams. It was in the court at that time. that; for I have brought the notes I took then, L. C. J. I believe not, you are mistaken in and I find no such thing here. Att. Gen. They produced then the first pur chase of the dean. L. C. J. Is there any lease of Henry 8th's time in that book? Spencer. I do not remember any lease of Henry 8th's time of this land; but I have seen that book ever since I belonged to the Dean's business. L. C. J. Have you not a book of the succession of your Deans? When was Collet Dean? Mr. Williams. In 1505. L. C. J. When was Nowell Dean? L. C. J. Then I assure you this book is grandly suspicious. Att. Gen. They threaten us with forgeries, and I know not what; I believe it will be found on Mr. Neale's side. Spencer. I have seen this among the rest of the evidences of the dean and chapter of Paul's. Att. Gen. How long ago? Spencer. I cannot directly tell. Mr. Pollerfen. How long do you think, upon Att. Gen. That is since this contest. L. C. J. If in case you come and produce a book, and you value yourselves upon the antiquity of it, as an evidence that this land did belong to the Dean and Chapter, and leased by them, 5 H. 8, and in that book Nowell is writ-your oath ?-Spencer. Two years ago. ten by the same hand as the rest of the book, as Dean then; but because you find Collet was then dean, and Nowell not till threescore years after, Nowell is turned by another hand to Collet; it draws a great suspicion certainly upon your book, as set up for a purpose. Mr. Williams. It is true, my lord, if we did that, it were something; but we find an old book among the evidences of the church, and we produce it as such; we have not altered it, therefore it cannot be done for our purpose. L. C. J. Who knows who did it? But done it is. Att. Gen. And your title is under the dean and chapter of Paul's. L. C.J. Who keeps the evidences that belong to the dean and chapter of Paul's? Spencer. They are kept in the chapterhouse. L. C. J. I am persuaded there may be an ancient book, and this may be such an one; but it looks a little untoward in this particular. You, Spencer, did you look upon those two particular passages? Spencer. No; I did not observe it. Serj. Stringer. My lord, our next lease in the book recites one made by Collet. Att. Gen. Come, upon your oath; did not Mr. Baron, or Mr. Neale, come to search in this book?-Spencer. Yes, they did. Serj. Lutwich. How long ago was that? Spencer. As to Mr. Baron or Mr. Neale themselves, I did never see them come to search; but some for them have. Mr. Williams. Do you believe the book was thus as it is now, before you came at first to it ? Serj. Lutwich. You say they did not come to search, what did they come for then, to drink? Spencer. They have come to the officer, Mr. Porter, but I never saw them search. Mr. Williams. But I ask you again, was it so when you found it first? Spencer. I believe it was, I know of no alteration. Serj. Stringer. But to put it out of doubt, we have this second lease, which does recite this lease of Collet's. L. C. J. Ay, that is a little too lately for an ancient writing. Serj. Lutwich. Did you see it before Mr Neale or Mr. Baron ordered a search there. Spencer. I cannot say particularly I did: `I have seen this paper Att. Gen. Paper, man? It is a parchment, prythee mind what thou sayst: How long is it since you first saw that parchment? Spencer. I believe I have seen it this seven years; but not that I can swear to have taken any particular notice of it. Att. Gen. Where did you see it first, upon your oath ? Spencer. Among the rest of the deeds and evidences that belong to the dean and chapter of Paul's. Att. Gen. Upon what occasion did you take take notice of it first? Spencer. Upon searching among the writings. Att. Gen. Who did search with you at that time, upon your oath ?-Spencer. Mr. Porter. L. C. J. Read it. Att. Gen. Was it delivered to Mr. Neale before it was brought hither? Spencer. It is brought here now among the dean's other writings, we never use to deliver any out. Clerk reads.] This is dated "2 Eliz. 1559. Books and other writings appertaining." Serj. Stringer. Now we will read the lease to Marcellus Hall; wherein this is recited to have been made. (The lease in the book was read, dated 23 Feb. 5 Ed. 6, for five-and-forty years at 10/. rent.) Serj. Stringer. Then the next lease is in 2 and 3 Phil. and Mar. [Which was read.] 10th Dec. 2 and 3 Phil. and Mar. from dean Fecknam to Marcellus Hall for ninety years from Michaelmas before. Att. Gen. There is a licence to alter the mill, which we shall prove he afterwards did. Serj. Stringer. Your lordship observes here were grounds and several houses at this time lett, with the mill and ponds, and ditches to receive the water. After this, Marcellus Hall assigned to Adrian Moor; he in the year 1618, deviseth it to his wife Mary Moor; and in 1630, she surrenders, and hath a new lease for lives. Mr. North. Nay, my lord, we have another piece of evidence that will fortify that book to be true, as to the foundation of it; that such a lease was then made as the book says: for we Att. Gen. Shew your assignments, Mr. Serhave a kind of particular, or Catalogue or evi-jeant, from Marcellus Hall. dences of the dean and chapter. It is an ancient writing. And in this there is mention particularly made of a lease made in 5 H. 8. Pray, Sir, look upon that, and give an account of it. Serj. Stringer. That we cannot do, nor need we; for we are not to derive our title that way, but the church title is ours. We will shew you dean Donne's lease to Mary Moor, upon her surrender. [Which Lease, dated 14 May, 1630. 6 Car. 1. for three lives, at 10%. &c. was read.] Serj. Stringer. Then Mary Moor, six years after, surrenders this lease, and takes a new lease for three lives in Dean Winned's time, at 10/. a year rent, and 40s. increase. [Which Lease dated 5 Aug. 1636. 6 Car. 1, was read.] Then another Lease dated 5 March, 1640, 16 Car. 1, by dean Winneff to Samuel Whitwick and John Winterburn, at 10. the ancient rent, 40s. before increased, and 47. more now increased. Serj. Stringer. Thus far it stood upon leases for lives: this lease continued till 1669, till Mr. Neale bought this land, and then he renewed it from the now archbishop, then deau Sancroft, who raised the rent to 80l. during the life of Freak, who was the surviving life, and to 100l. after. [Which Lease, dated 12 July, 21 Car. 2, 1669, was read.] 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 be made a 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. J. The last lease is at the rent of 2401. a year, I think. Serj. Stringer. Yes, my lord. Serj. Maynard. Have you done, gentlemen? Serj. Stringer. Yes, we have, till you give us farther occasion, brother. 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 Paul's, 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? Butonly 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 also, even the new ones do mostly follow the track and words that were used in queen Mary and Henry the eighth's 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 lie on the North side of Ratcliffe 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. VOL. X. Serj. Stringer. And we desire ours may be seen too. Just. Withens. Aye, deliver in your maps, this is the only fit place for them. (Which was done on both sides.) 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 do 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. 8th's time, it was, by one Vanderdelf, a Dutchman, drained. This by act of parliament, Richard Hill was made owner of, and he conveyed it to Stepkins, who was the defendant's 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 men's land. They have houses built upon it. I know not indeed how much, but I think it is near 1,000l. a year that it 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. 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 Foxe's-lane, and the East bound is the hilly ground that is called Cockhill. And we say as to all this land, it is none of the dean and chapter's, nor ever did pass, or was enjoyed 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) 20 and that these lands, containing so considerable a revenue, should not have a survey taken of them, 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 Collet's lease, and onward, there was nothing mentioned but a mill with the appurtenances, or a tenement with the appurtenances. 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 produced of Ed. 6th's fime, there was a covenant to pay the quit-rent, as for lands bolden of the manor of Stepney. And we did expect that they would have brought some of the rolls and records of that manor; and out of some survey, there remaining, would have given a particular testimony of what lands belong to the dean, and what do 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 seven acres, thus bounded on Foxe's 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 marshground? 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 theirs, but the undoubted inheritance of the Stepkins; 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 manor 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 33s. and 4d. 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 lieth 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 Lynches; 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 Derrickhills, which is a bake-house with a mill, and the leaden trough, the appurtenances of the mill, at the rent of 33s. and 4d. These are all the parcels named of the dean and chapter's lands. And at the last trial when they produced the deed of purchase, whereby this was conveyed to the dean, which I think was in H. 3rd's time, it yielded but 37. a year in the whole, and now in time it is come to 2000l. 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 latter 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 situate 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 E. 4, the book wherein their lease is, makes mention of the mill as standing; then in 10 Dec. 2. and 3 Ph. and M. there is a kind of mystery 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 lett to John Carter, oar-maker. There are in that place, at this day, lands and houses that yield the dean and chapter an hundred pounds North ground of Ratcliff high-way, and that is a-year, distinct from the Lynches and the 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 and 3 Phil, and Mar. to pull down the mill, it was pulled down and built upon, and it came to yield them 100l. 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 Cock-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 their deed of purchase; and all the evidence wrong pool; they have sufficient to answer 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 pre tended 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 marshground we have nothing to do with it. So that, gentlemen, your great question is, Whether this be marsh-ground, or not? And there upon 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. Catherine's, is no question, nor ever was in all the trials 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 Millbank, now Cock-Hill; and in the Records of Stepney manor, it is called Cornhill: and it is a rising billy 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. 8, 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 assignee of Vanderdelf the Dutchman, who had drained it, and for his pains was to have one half; and he agreed with the participators, among whom Stepkins was one, and had 53 acres, and particularly this land. So that the dean of Paul's 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, 11th Nov. 37 H. 8, he doth make a lease to the dean and chapter's miller, and that for 34 years, wherein you will exactly see the boundaries of the act are pursued. After he had leased it to the dean's miller, he passeth away the inheritance to Thomas Stepkins, in time, 16th April, 6 Ed. 6, Marcellus 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, 20th April, 6 Ed. 6. So the miller had now ground on both sides the way that is called Cock-Hill; on the east side by lease from Hill, on the west side by lease from Stepkins. Then in point of time we shall come to shew the lease made to Roper. For Marcellus Hall after he had taken this long lease from Stepkins, 30th Nov. 2 and 3 Phil. and Mary, doth demise the land in question to Richard Roper, for 24 years: and we shall shew that in all the queen's time Roper was tenant. Then Jasper Hill, who was the heir of Richard Hill, in 12 Nov. 5 and 6 Ph. and M. by deed, and afterwards, 3 Eliz. by fine and common recovery, conveys all these lands particularly by name, and re-leaseth them to John and Macheline Stepkins, and the heirs of John; and so lodged the inheritance in the Stepkins's, all but that which was thus out in a long lease to Marcellus Hall. We shall prove that before Richard Hill died, he entered into a statute to Vivold and Salvago for a great sum of money; and this statute comes to be extended, 3 Eliz. and there this land, notwithstanding these leases, is seized and extended as Hill's lands. We shall shew all this land upon a commission of sewers, had a survey taken of it. When we have shewn all these records, and proved that this is marsh-ground, and not a witness of theirs but must acknowledge it to be marsh-ground (for that part of Fox's-lane, was raised at least nine foot, and so proportionably was the rest of the ground; and it appears at this day, that upon a high tide all their cellars are overflown), I think then you will make no doubt, whether this be our land or no. And to proceed in this order that I have opened, we will first shew you the survey. There was one thing I forgot about the 11 acresSerj. Stringer. What is it you read first, Sir? L. C. J. What do you begin with, Mr. Attorney? Att. Gen. Your lordship observes they shew a lease from dean Fecknam, the 10th Dec. 2 and 3 of Ph. and M. Now on the 22nd Dec. in the same year, we shall shew Marcellus Hall, by lease to Carter, butts it upon the east side of the mill. 1. C. J. I took the notes the last time of your evidence, and it began in H. 8th's time. Att. Gen. My lord, when we come to our title, we shall go on in the same method we did then; but now we are only shewing where the lands are. L. C. J. Go your own way. Clerk reads. This indenture, made the 22nd day of December, in the second and third years of the reigns of our sovereign lord and lady Philip and Mary, by the grace of God, king and queen of England, Spain, France, both the Sicilies, Jerusalem, and Ireland, defenders of the faith, arch-dukes of Austria, dukes of Burgundy, Millain and Brabant; counts of Haspurg, Flanders, and Tyroll; between Marcellus Hall, of Ratcliff, miller, of the one part, and John Carter, of 'Ratcliffe, oar-maker of Stebunheath, of the other part; witnesseth, That the said Marcellus Hall hath demised, granted, and to farm lett unto the said John Carter, that his wharf lying in Ratcliff, where late the mill stood, called Ratcliff-mill, adjoining on the west upon the east side of the mill-ditch, alias the mill-dam, reaching from thence eastward 30 foot; and from the north-east corner of the said mill-dam, southward to the river of Thames, 20 foot; to have and to hold all and whole the said wharf, as is before specified, with all commodities and profits belonging to 'the same, to the said John Carter, to his heirs, executors, and assigns, from the feast of St. Mary the Virgin, immediately following the date of these presents, until the end and term of 30 years L. C. J. This lease was read the last time. Serj. Stringer. Yes, it was so, my lord. Clerk reads.] to be fully complete and ended, yielding and paying therefore for the same, unto the said Marcellus Hall, his heirs, executors, and assigns, ten shillings of |