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March, 1679, 31 Car: 2. between Thomas

(Then Mr. Spencer came in and was sworn.) Neale, esq. the lady Gold, &c. read.

Att. Gen. (Sir Robert Sawyer.) We admit Mr. Williams.'Pray, Sir, when first saw you the assignment.

that book? Serj. Stringer. Then we sha

prove

the lands Spencer. Seven years ago. in question were always held of the dean of Att. Gen. Where, Sir ? Paul's.

Spencer. Among the evidences of the dean Att. Gen. Ay do, shew that these lands in and chapter of Paul's. question were so, if you can.

L. C. J. What is it you would read in it? L. C. J. (Sir G. Jeffreys). I would not in- | An entire lease, or what? terrupt you, gentlemen, pray go your own Serj. Stringer. "Tis a short pote of a lease. way; but if I mistake not, you had as good Clerk reads.] • A tenement with a waterbegin with 5 Ed. 6. as you did last time, as I millremember; I have not indeed my book I had L. C. J. See if the book have any

title. then, here : I fear we have not overmuch time Clerk. No, my lord. to waste: we shall want time at the latter end L. C. J. Let me see it. (Which was done.) of the cause, therefore pray come close to the Serj. Stringer. The 23d of Feb. 5 Edw.6.merits of the cause.

L. C. J. You, Spencer, have you seen in Serj. Stringer. We will shew it, if they re- any of the books an entry of any Jease made by quire, they know it well enough.

Dean Collet? Alt. Gen. Shew what you can.

Spencer. I have not observed that I bave 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. Have you seen any lcase made by L. C. J. But it is 5 of Ed. 6. I ask for. Dean Collet, in the time of Henry 8, about

Serj. Stringer. 23 Feb. 5 Ed. 6. dean May any of the church's lands ? I ask you the ques. doth make a lease to Joan Hall, and Marcellus tion, because I observe here in this paper, in Hall. Then dean Fecknam, 10 Dec. 9 and 3 two places bere is the word “Dean Collet," Phil. and Mar, in consideration of a surrender writ with another hand than that of the book'; of that lease, lets another lease to Marcellus but Nowell is writ with the same hand as the Hall; and so it continued till May, 1630, and other. And so Nowell seems to have been put then dean Donne made a lease for three lives: for the maker of this lease, as being put upon and upon the surrender of that in 1636, dean the top; when in truth he was not dean till Winneff made a lease to Moor; and in 1040, long after. Upon your oath, in whose name be made another lease to Winterburn, which was that lease let that is here spoken of? was sold to Mr. Neale, and so came to the Spencer. I know not, my lord; that is the lessor of the plaintiff. First read this book. bonk I saw then.

Att. Gen. What book is it, Mr. Serjeant? L. C. J. Is this lease in your book of

L. C. J. Ay, tell us what it is; open it be- leases ? fore you read it.

Att. Gen. Pray, Gentlemen, you did produce Clerk reads.] "A tenement with a water- before your original deed of purchase, where is mill, cum Pertinentiis'

it now? L. C. J. What is it you read there?

Mr. Williams. That book was produced and Serj. Slringer. It is a book that belongs to read at the first trial. the dean and chapter of St. Paul's.

L. C. J. What first trial? Not that last, L. C. J. What book is it? How do you Term. prove it to belong to the dean and chapter of Mr. Williams. It was in the court at that Paul's ?

time. (Then Mr. Spencer was called, but could not that; for I have brought the notes I took then,

L. C. J. I believe not, you are mistaken in readily come in by reason of the crowd. Mr. and í find no such thing here. Porter was sworn.)

Att. Gen. They produced then the first purSerj. Stringer. Mr. Porter, what say you to chase of the dean. this book?

L. C. J. Is there any lease of Henry 8th's Porter. Since the beginning of this suit, this time in that book ? book was found among the writings of the Spencer. I do not remember any lease of dean and chapter of Paul's.

Henry 8th's time of this land; but I have seen Att. Gen. How long ago, Sir, upon your that book ever since I belonged to the Dean's oath ?-Porter. About a year ago.

business. L. C. J. That is but a slovenly acconnt of L. C. J. Have you not a book of the sucsuch a book as this.

cession of your Deans ? When was Collet Mr. Williams, It is plain, my lord, it is not Dean? a new book made on purpose.

Mr. Williams. In 1505. L. C. J. It is plain, that in this slippery age L. C. J. When was Nowell Dean? we live in, it is very easy to make a book look Mr. Williams. In 1560. as old as you would have it.

L. C. J. Then I assure you this book is Serj. Stringer. We will go on to the lease grandly suspicious. made to Marcellus Hall.

Att. Gen. They threaten us with forgeries,

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and I know not what; I believe it will be found Spencer. I bave seen this among the rest on Mr. Neale's side.

of the evidences of the dean and chapter of L. C. J. If in case you come and produce a Paul's. book, and you value yourselves upon the an

Att. Gen. How long ago ? tiquity of it, as an evidence that this land did Spencer. I cannot directly tell. belong to the Dean and Chapter, and leased by Mr. Pollexfen. How long do you think, upon them, 5 H. 8, and in that book Nowell is writ- your oath ?-Spencer. Two years ago. ten by the same band as the rest of the book, Att. Gen. That is since this contest. as Dean then ; but because you find Collet was L. C. J. Ay, that is a little too lately for an then dean, and Nowell not till threescore years ancient writing: after, Nowell is turned by another hand to Col- Serj. Lutwich. Did you see it before Mr let; it draws a great suspicion certainly upon Neale or Mr. Baron ordered a search there. your book, as set up for a purpose.

Spencer. I cannot say particularly I did: I Mr. Williams. It is true, my lord, if we did have seen this paperthat, it were sometbing; but we find an old Att. Gen. Paper, man? It is a parchment, book among the evidences of the church, prythee mind what thou sayst: How long is and we produce it as such ; we have not al- it since you first saw that parchment ? tered it, therefore it cannot be done for our pur- Spencer. I believe I have seen it this seven pose

years; but not that I can swear to have taken L. C. J. Who knows wbo did it ? But done any particular notice of it. it is.

Ait. Gen. Wbere did you see it first, upon Att. Gen. And your title is under the dean your oath ? and chapter of Paul's.

Spencer. Among the rest of the deeds and L. C.'I. Who keeps the evidences that be evidences that belong to the dean and chapter long to the dean and chapter of Paul's?

of Paul's. Spencer. They are kept in the chapter- Att. Gen. Upon what occasion did you take house.

take notice of it first? L. C. J. I am persuaded there may be an Spencer. Upon searching among the writancient book, and this may be such an öne; but ings. it looks a little untoward in this particular. Att. Gen. Who did search with you at that You, Spencer, did you look upon those two par- time, upon your oath ?--Spencer. Mr. Porter. ticular passages?

L. C. J. Read it. Spencer. No; I did not observe it.

Att. Gen. Was it delivered to Mr. Neale
Serj. Stringer. My lord, our next lease in before it was brought hither ?
the book recites one made by Collet.

Spencer. It is brought here now among the
Att. Gen. Come, upon your oath; did not dean's other writings, we never use to deliver
Mr. Baron, or Mr. Neale, come to search in any out.
this book ?--Spencer. Yes, they did.

Clerk reads.] This is dated « 2 Eliz. 1559.
Serj. Lutwich. How long ago was that? Books and other writings appertaining.”

Spencer. As to Mr. Baron or Mr. Neale them. Serj. Stringer. Now we will read the lease selves, I did never see them come to search ; to Marcellus Hall; wherein this is recited to but some for them have.

have been made. Mr. Williams. Do you believe the book was (The lease in the book was read, dated 23 thus as it is now, before you came at first Feb. 5 Ed. 6, for five-and-forty years at 10/. to it?

rent.) Serj. Lutwich. You say they did not come Serj. Stringer. Then the next lease is in to search, what did they come for tben, to 2 and 3 Phil. and Mar. [Which was read.] drink?

10th Dec. 2 and 3 Phil. and Mar. from dean Spencer. They bave come to the officer, Mr. Fecknam to Marcellus Hall for ninety years Porter, but I never saw them search.

from Michaelmas before. · Mr. Williams. But I ask you again, was it dit. Gen. There is a licence to alter the mill, so when you found it first?

which we shall prove he afterwards did. Spencer. I believe it was, I know of no al- Serj. Stringer. Your Jordship observes here teration.

were grounds and several houses at this time Serj. Siringer. But to put it out of doubt, lett, with the mill and ponds, and ditches to rewe have this second lease, which does recite ceive the water. After this, Marcellus Hall this lease of Collet's.

assigned to Adrian Noor; he in the year Mr. North. Nay, my lord, we have another 1618, deviseth it to his wife Mary Moor; and piece of evidence that will fortify that book to in 1630, she surrenders, and hatli a new lease be true, as to the foundation of it ; that such a for lives. 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. Ti is an an- / Serj

. Stringer. That we cannot do, nor need cient writing. And in this there is mention we; for we are not to derive our title that way, particularly made of a lease inade in 5 A. 8. but the church title is ours. We will shew Pray, Sir, look upon that, and give an account you dean Donne's lease to Mary Moor, upon of it.

her surrender.

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[Which Lease, dated 14 May, 1630. 6 Car. 1.

Serj. Stringer. And we desire ours may be for three lives, at 10l. &c. was read.] Just. Withens. Aye, deliver in your maps, Serj. Stringer. Then Mary Moor, six years this is the only fit place for them. (Which after', surrenders this lease, and takes a new was done on hoth sides.) lease for three lives in Dean Winnet's time, at iserj. Muynard. Then, my lord, I will go on. 101. a year rent, and 40s. increase.

We agree, I say, they had a mill, which is [Which Lease dated 5 Aug. 1636. 6 Car. 1,

now taken down and put in another place;

we shall shew them where it did stand, and was read.]

that was no part of the land now in question. Then another Lease datedl 5 March, 1640, The jury have seen the place, and I hope have 16 Car. 1, by dean Winnefito Samuel Whitwick had a satisfactory view of it. There was and John Winterburn, at 101. the ancient rent, once a mill standing, and there was once a 40s. before increased, and 41. more now in- pond, but that mill and pond do stand elsecreased.

where. The land in question, we say, was Serj. Stringer. Thus far it stood upon leases anciently marsh ground, and subject to the for lives: this lease continued till 1669, till Mr. overflowing of the water, and it is so to this day. Neale bought this land, and then he renewed In H. 8th's time, it was, by one Vanderdelf, a it from the now archbishop, then deau San. Dutchman, drained. This by act of parliacroft, who raised the rent to 801. during the ment, Richard Hill was made owner of, and he life of Freak, who was the surviving life, and conveyed it to Stepkins, who was the defento 1001. after,

dunt's ancestor, and whose heir she is. And

the boundaries are set down in that, and the [Which Lease, dated 12 July, 21 Car. 2, subsequent conveyances, wbich cannot possibly 1669, was read.]

stand with those that their mill is said to stand Serj. Stringer. We have brought it home in. We shall shew by several records the now, my lord, to the lessor of the plaintiff': queen had a title to it by a conveyance in way for we have shewn this lease was surrendered of mortgage to her; and this afterwards was to dean Stillingsleet; and thereupon be made conveyed back again to the ancestor of my a lease to Garrard and Cratford, which we have lady Ivy. We yield they had a mill, and they given an account of before. And so we have bave increased the rent sufficiently upon it, shewn a succession of leases from the church, pot to need otber men's land. They have for 130 odd years.

houses built upon it. I know not indeed how L.C. J. The last lease is at the rent of 2401. much, but I think it is near 1,0001, a year that a year, I think.

it yields to them. If then we can demonSerj. Stringer. Yes, my lord.

stratively shew you where our ground is, and Serj. Maynurd. Have you done, gentlemen? where theirs is, and if we affirm our title by Serj

. Stringer. Yes, we have, till you give records and good conveyances ; tben by a preus farther occasion, brother.

tence to a mill, I hope they shall not grind us, Serj. Nuynard. Then may it please your or take away all our land. lordship, and you gentlemen of the jury, I ara Att. Gen. My lord, and gentlemen of the of counsel in this cause for the defendant, my jury, I crave leave to answer ibe evidence that lady Ivy: The plaintiffs bave given you a has been given, before I enter upon our title. sort of evidence for a title; but the truth of it They have spent a great deal of time to derive is all that they say will not make a conclusion Hown a title to the dean and chapter of Pauls, such as they would have from their premises : to a mill, a bake-house, and some little ground for all that they have proved, is, that the deans thereto belonging. And truly, as Mr. Serjeant of Paul's, successively one after another, have says, no man ever questioned the dean and made leases. They did in the beginning tell chapter for their mill, and bake house, and you, they had bad this land hundreds of years : leaden trough. But the thing in question is, but what have they had? and what leases seven acres and an balf of land, which in the have they made? Butonly a mill, a bakebouse, memory of man was marsh-ground; if you a trough‘of lead, and all houses, lands meadows observed it. Gentlemen, upon the view how it and pastures thereto belonging. We do not lies, you know the North bound is the dean's deny but that they are to have a mill; their Lyoches, the South bound is the Thames Wall, leases are also, even the new ones do mostly the West bound Foxe's-lane, and the East follow the track and words that were used in bound is the hilly ground that is called Cockqueen Mary and Henry the eighth's times. bill. And we say as to all this land, it is none But here is the truth of our case: That the of the dean and chapter's, nor ever did pass, deau and chapter had a mill, we agree; nay, or was enjoyed by this lease; but we shali more than that, we agree that they bave shew you it was under another lease. I must eighteen acres that lie on the North side of observe, that it is very strange upon their own Ratcliffe high-way; and also that they bave evidence, that a mill, cum pertinentiis, should another parcel of land, called theLyncbes. That pass seven acres of ground; and a mill that this may be understood, we now crave leave was demolished so long ago as in queen Mary's to deliver maps to the court and the jury. time, (for so we shall plainly shew you it was) VOL, X

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and that these lands, containing so considerable the third parcel, and that only concerns you to a revenue, should not have a survey taken of enquire of, whether these seven acres and an them, or a boundary made of the land, that halt be parcel of that? And that is described in they might know what was theirs, and what the record to be a tenement, called Derricktheir neighbours. For your lordship and the hills, which is a bake-house with a mill, and jury may observe, in all the leases and convey the leaden trough, the appurtenances of the ances down to this time, in Dean Collet's lease, mill, at the rent of 33s, and 4d. These are all and onward, there was nothing mentioned but the parcels named of the dean and chapter's a mill with the appartenances, or a tenement lands. And at the last trial when they prowith the appurtenances. But they have not one duced the deed of purchase, whereby this was fixed boundary of their lands; and really it conveyed to the dean, which I think was in cannot be presumed the dean and chapter should H. 3rd's time, it yielded but 31. a year in the be so ignorant. Besides, in the ancient lease whole, and now in time it is come to 20001. a that they produced of Ed. 6th's time, there was year, without this great gobbet, which they in. a covenant to pay the quit-rent, as for lands tend now, if they can, to swallow up. And now bolden of the manor of Stepney. And we did as to this parcel, all they can claim is but a mill, expect that they would have brought some of and in the latter leases, it is a house where the the rolls and records of that manor; and out of mill stood, and that we sball shew by records some survey, there remaining, would have given where it stood; and it is said to be called Dera particular testimony of what lands belong to rick-bills, and situate on the East end of the the dean, and what do not. But in truth, we marsh now in question. And to go a step say this is properly marsh-land; for that will farther we shall shew that this was altered in be your question, gentlemen, that you are to queen Mary's time; for in 5 E. 4, the book try, I believe, at last : whether these seven wherein their lease is, makes mention of the acres, thus bounded on Foxe's lane, West; on mill as standing; then in 10 Dec. 2. and 3 the Thames, South ; on the Hilly-way, called Ph. and M. there is a kind of mystery which Cock-bill, or Mill-ditch, East; and on the we shall by our evidence unriddle: for then dean and chapter's Lynches, North, be marsh: though the tenant had above forty years in ground ? The dean and chapter have given being, and to come, he must renew his lease evidence of some leases, which upon the sur. from dean Fecknam at that time. Now we renders were delivered up to them; but there shall shew that the 20th of the same December, are none produced, they only read the entries this place where the mill then lately stood, was in their books. Now we shall demonstrate that lett to John Carter, oar- inaker. There are in this mill of theirs was an overshot mill; for that place, at this day, lands and houses that there is mention made of a leadeu trougli

, vield the dean and chapter an hundred pounds which is the only proper instrument of an a-year, distinct from the Lynches and the overshot-mill. Therefore we will first settle North ground of Ratcliff high-way, and that is (because they themselves will not) what is a very good improvement for a mill, and a theirs; and then we doubt not to give you sa- bake house, and a leaden trough, and a ditch tisfaction that this was never any of theirs, but for the water. Now by their lease in 1630, the undoubted inheritance of the Stepkins; and they recite that the mill was not worth the not a foot of it belongs to any other man living. keeping op; and according to the power given But further, since they will not, we shall pro- them by the lease, 2 and 3 Phil, and Mar. to duce a piece of evidence, which indeed we must pull down the mill, it was pulled down and tbank Mr. Neale for ; for he blabbing it about built upon, and it came to yield them 100l. a that he had a survey of the manor of Stepney, year, as it doth at this day. After this we shall which would do our work, put us upon search- call witnesses to set forth, that in this place, ing there for it; and we have it here ; and in the East end of Cock-hill, in the memory of there you will find a particular of all the dean's man, there was found the floor of the old mill;

lands, under 338. and 4d. quit-rent. And the and there are those living that can attest · particulars are thus described in that book, it. So we shall shew they are fishing in a (which shews that there was a tenement that wrong pool; they bave sufficient to answer stood by the mill, and that paid a quit-rent, and their deed of purchase; and all the evidence The other lands came under that quit-rent.) that hatb been given you, will appear to Twenty acres, called Shadwell field, that lieth be only to entertain the court with an amusing on the north-side of Ratcliff high-way, known nothing; and to take up the time. But we åt this day; and all this piece of ground, of shall go yet a step further, and shew beyond twenty acres, is built upon and improved; all peradventure, that this land in question was wbich was one part of the land that came under marsh-ground : and the other side must ada quit-rent, but not pretended to be any part of mit, that if it be marsh-ground, the dean and this. The next is five acres called the Lynches ; chapter have nothing to do with it, never preand it appears by the record to be but five acres, tended to a foot of it, nor doth any tittle of their and so it is measured now. Patcliff high-way evidence mention marsh-ground. And truly went on the top of the hill, and this is called the we will admit it to them, if it be not marshi Lynch-way, not improved nor built upon; and ground we have nothing to do with it. So is exactly abutted according to our records, and that

, gentlemen, your great question is, Whedecyphered by acres to an acre. Theu comes ther this be marsh-gronnd, or not? And there.

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upon the main of the question will be about the these leases, is seized and extended as Hill's East boundary alone, and no other : for that lands. We shall shew all this land upon a Wapping-marsh bounded south on the Thames, commission of sewers,' had a survey taken of north on the Lynches, and west on St. Cathe- it. When we have shewn all these records, rine's, is no question, nor ever was in all the and proved that this is marsh-ground, and not trials that have been. Therefore the only point a witness of theirs but must acknowledge it to that the evidence is to be applied unto, is about be marsh-ground (for that part of Fox's-lahe, the eastern boundary. That we lay to be was raised at least nine foot, and so propor. Cock-Hill, anciently called the Hilly-way, or tionably was the rest of the ground; and it apMillbauk, now Cock-Hill; and in the Records pears at this day, that upon a bigh tide all their of Stepney manor, it is called Cornbill: and it cellars are overdown), I think then you will is a rising billy ground, it appears to be so to make no doubt, whether this be our land or no. this day; I appeal to the jury who have seen | And to proceed in this order that I have openit. Now that this was marsh-ground, and the ed, we will first shew you the survey. There inheritance of the Stepkins's, we shall prove was one thing I forgot about the 11 acres by these steps: First, We shall produce an Serj. Stringer. What is it you read first, act of parliament made in 27 Hen. 8, wherein Sir? the bounds appear to be plainly the same as L. C. J. What do you begin with, Mr. At: now we say they are at this day; oudy now it torney? is all built, that is all the difference; and the Att. Gen. Your lordship observes they shew marsh doth thereby contain 130 acres. Now a Jease from dean Fecknam, the 10th Dec. by that act, the whole marsh is vested, as to 2 and 3 of Ph. and M. Now on the 22nd one moiety, in Richard Hill, as assignee of Dec. in the same year, we shall shew Marcellus Vanderdelf'the Dutchman, who had drained it, Hall, by lease to Carter, butts it upon the east and for his pains was to have one half; and side of the mill. he agreed with the participators, among whom L.C. J. I took the notes the last time of Stepkins was one, and had 53 acres, and par. your evidence, and it began in H. 8th's time. ticularly this land. So that the dean of Paul's Att. Gen. My lord, when we come to our must derive a title froin this act, if he will have title, we shall go on in the same method we the land. But we shall shew how they colour did then; but now we are only shewing where their possession. Afterwards Richard Hill, the lands are. 11th Nov. 37 H. 8, he doth make a lease to L. C.J. Go your own way. the dean and chapter's miller, and that for 34 Clerk reads. This indenture, made the years, wherein you will exactly see the boun. 22nd day of December, in the second and daries of the act are pursued. After he had * third years of the reigns of our sovereign leased it to the dean's miller, he passeth away • lord and lady Philip and Mary, by the grace the inheritance to Thomas Stepkins, in time, of God, king and queen of England, Spain, 16th April, 6 Ed. 6, Marcellus Hall the miller, France, both the Sicilies, Jerusalem, and Ireafter Stepkins had obtained the inheritance · land, defenders of the faith, arch-dukes of upon agreement between them, gets a lease · Austria, dukes of Burgundy, Millain and from Stepkins of 128 years of the lands in Brabant; counts of Haspurg, Flanders, and question, as you may see by the bounds they Tyroll ; between Marcellus Hall

, of Ratcliff, are exactly the same; and this was in time, miller, of the one part, and John Car er, of 20th April, 6 Ed. 6. So the miller had now • Ratcliffe, oar-maker of Stebunheath, of the ground on both sides the way that is called other part; witnesseth, That the said MarCock-Hill; on the east side by lease from Hill, cellus Hall hath demised, granted, and to on the west side by lease froni Stepkins. Then farm lett unto the said John Carter, that his in point of time we shall come to shew the wharf lying in Ratcliff, where late the milli lease made to Roper. For Marcellus Hall stood, called Ratcliff-mill, adjoining on the after he had taken this long lease from ' west upon the east side of the mill-ditch, alias Stepkins, 30th Nov. 2 and 3 Phil

. and Mary, the mili-dam, reaching from thence castward doth demise the land in question to Richard • 30 foot; and from the north-east corner of Roper, for 24 years: and we shall shew that . the said mill-dam, southward to the river of in all the queen's time Roper was tenant. Thames, 20 foot ; to have and to bold all and Then Jasper Hill, who was the heir of Richard whole the said wharf, as is before specified, Hill, in 12 Nov. 5 and 6 Ph. and M. by deed, with all commodities and profits belonging to and afterwards, 3 Eliz. by fine and common • the same, to the said John Carter, to his recovery, conveys all these lands particularly heirs, executors, and assigns, from the feast by name, and re-leaseth them to Jobn and of St. Mary the Virgin, immediately followMacheline Stepkins, and the heirs of John ; ing the date of these presents, until the end and so lodged the inheritance in the Stepkins's, • and term of 30 years all but that which was thus out in a long lease L. C. J. This lease was read the last time. ' to Marcellus Hall. We shall prove that be- Serj. Stringer. Yes, it was so, my lord. fore Richard Hill died, he entered into a sta- Clerk reads.]

* to be fully complete tute to Vivold and Salvago for a great sum of and ended, yielding and paying therefore for money; and this statute comes to be extended, the same, unto the said Marcellus Hall

, bis 3 Eliz. and there this land, notwithstanding heirs, executors, and assigns, ten shillings of

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