MAY it please your Lordship , and you Gentlemen of the Jury , I am of Council in this Case with the Plaintiff , and the Question will be whether the Lessor or the Plaintiff hath a good Title to the Tenements in Question , which are about Three or Four Hundred Tenements near Radcliffe in Shadwell Parish , and the Ground thereof is , say we , the ancient Inheritance of the Church of St. Paul's , who have had the Possession thereof for Four or Five Hundred Years . We shall prove Leases down for some Hundreds of Years , till we come to that made to the Lessor of the Plaintiff under whom we claim . We will begin with the last Lease of Dean Stillingfleet , 30. Sept. 1678. upon the surrender of the Lease made by Dean Sandcroft , now my Lord Archbishop of Canterbury .

Swear Ieofrey Willan ( which was done ) it is a Church Lease , but yet he is a Witness to it .

Did you see that Deed sealed and delivered ?

Yes , Sir .

An Indenture 4 tite . made the 25th . March , 1679. 31 Car. II. between Thomas Neale , Esq the Lady Gold , &c. Read .

We admit the Assignment .

Then we shall prove the Lands in Question were always held of the Dean of Pauls .

Ay do , shew that these Lands in Question were so , if you can .

I would not interrupt you , Gentlemen , pray go your own way ; but if I mistake not , you had as good begin with 5 Ed. VI. as you did last time , as I remember , I 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 .

We will shew it if they require it , they know it well enough .

Shew what you can .

In 5 H. VIII . the Dean of Paul's , Collett , Leases to one Iohn Hall .

But it is 5 of Ed. VI. I ask for .

What Book is it , Mr. Serjeant ?

Ay , tell us what it is ; open it before you read it .

A Tenement with a Watermil , cum Pertinentiis —

What is it you read there ?

It is a Book that belongs to the Dean and Chapter of St. Pauls .

What Book is it ? How do you prove it to belong to the Dean and Chapter of Pauls ?

Mr. Porter , What say you to this Book ?

Since the beginning of this Suit , this Book was found among the Writings of the Dean and Chapter of Pauls .

How long ago , Sir , upon your Oath ?

About a Year ago .

That is but a slovenly account of such a Book as this .

It is plain , my Lord , it is not a new Book made on purpose :

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 .

We will go on to the Lease made to Marcellus Hall .

Pray , Sir , when first saw you that Book ?

Seven Years ago .

Where Sir ?

Among the Evidences of the Dean and Chapter of Pauls .

What is it you would read in it ? an intire Lease , or what ?

'T is a short Note of a Lease .

A Tenement with a Watermil —

See if the Book have any Title .

No , my Lord .

Let me see it . ( Which was done )

The 23th . Feb. 5 Ed. VI. —

You , Spencer , Have you seen in any of the Books an Entry of any Lease made by Dean Collett .

I have not observed that I have seen any Lease of Dean Collet .

Have you seen any Lease made by Dean Collet , in the time of Henry VIII ▪ about any of the Churches Lands ? I ask you the Question , because I observe here in this Paper in two places here is the Word , Dean Collett , 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 Lett that is here spoken of .

I know not , my Lord , that is the Book I saw then .

Is this Lease in your Book of Leases ?

Pray , Gentlemen , you did produce before your Original Deed of Purchase : Where is it now ?

That Book was produced and read at the first Tryal .

What first Tryal ? not that last Term.

It was in Court at that time .

I believe not , you are mistaken in that , for I brought the Notes I took then and I find no such thing here .

They produce then the first Purchase of the Dean .

Is there any Lease of Henry VIII . Time in that Book ?

I do not remember any Lease of H. VIII . Time of this Land , but I have seen that Book ever since I belonged to the Dean's Business .

Have you not a Book of the Succession of your Deans ? When was Collet Dean ?

In 1505.

When was Nowell Dean ?

in 1560.

They threaten us with Forgeries , and I know not what , I believe it will be found on Mr. Neale's Side .

If in case you come and produce a Book , and you value your selves upon the Antiquity of it , as an Evidence that this Land did belong to the Dean and Chapter , and leased by them 5 H. VIII . and in that Book Nowell is written 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 , Nowel , is turned by another hand to Collet , it draws a great Suspicion certainly upon your Book , as set up for a purpose .

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 .

Who knows who did it , but done it is .

And your Title is under the Dean and Chapter of Pauls .

Who keeps the Evidences that belong to the Dean and Chapter of Pauls ?

They are kept in the Chapter-House .

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 ?

No ; I did not observe it .

My Lord , our next Lease in the Book recites one made by Collett .

Come upon your Oath ; did not Mr. Baron , or Mr. Neale come to search in this Book ?

Yes , they did .

How long ago was that ?

As to Mr. Baron or Mr. Neale themselves , I did never see them come to search : But some for them have .

Do you believe the Book was thus as it is now , before you came at first to it ?

You say they did not come to search , what did they come for then , to drink ?

They have come to the Officer , Mr. Porter , but I never see them search .

But I ask you again , was it so when you found it first ?

I believe it was , I know of no Alteration .

But to put it out of doubt , we have the second Lease , which does recite this Lease of Collett's .

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 have a kind of Particular , or Catalogue of the Evidences 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. VIII . Pray Sir look upon that , and give an account of it .

I have seen this among the rest of the Evidences of the Dean and Chapter of Pauls .

How long ago ?

I cannot directly tell .

How long do you think , upon your Oath ?

Two Years ago .

That is since this Contest .

Ay , That is a little too lately for an ancient Writing .

Did you see it before Mr. Neale or Mr. Baron ordered a Search there ?

I cannot say particularly I did ; I have seen this Paper —

Paper , Man ? it is a Parchment , pr'ythee mind what thou sayst : How long is it since you first saw that Parchment ?

I believe I have seen it this seven Years , but not that I can swear to have taken any particular Notice of it .

Where did you see it first , upon your Oath ?

Among the rest of the Deeds and Evidences that belong to the Dean and Chapter of Pauls .

Upon what Occasion did you take notice of it first ?

Upon searching among the Writings .

Who did search with you at that time , upon your Oath ?

Mr. Porter .

Read it .

Was it delivered to Mr. Neale before it was brought hither ?

It is brought here now among the Dean's other Writings , we never use to deliver any out .

Now we will read the Lease to Marcellus Hall ; wherein this is recited to have been made .

Then the next Lease is in 2 & 3 Phil. & Mar. 10. Dec. 2 & 3 Phil. & Mar. from Dean Fecknam to Marcellus Hall for Ninety Years from Michaelmas before .

There is a License to alter the Mill , which we shall prove he afterwards did .

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 .

Shew your Assignments , Mr. Serjeant , from Marcellus Hall .

That we cannot do , nor need we , for we are not to derive our Title that way , but the Churches Title is ours . We will shew you Dean Donnes Lease to Mary Moor upon her Surrender .

Then Mary Moor , Six Years after , surrenders this Lease , and takes a new Lease for three Lives in Dean Winneff's time , at 10 l. a Year Rent , and 40 s. Increase .

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 Dean Sancroft , who raised the Rent to 80 l. during the Life of Freak , who was the surviving Life , and to 100 l. after .

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 .

The last Lease is at the Rent of 240 l. a Year , I think .

Yes , my Lord .

Have you done , Gentlemen ?

Yes ; we have , till you give us farther occasion , Brother .

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 .

And we desire ours may be seen too .

Aye , deliver in your Maps , this is the only fit place for them .

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 .

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 Lease made to Roper . For Marcellus Hall after he had taken this long Lease from Stepkins 30 Nov. 2 & 3 Phil. & Mar. doth demise the Land in Question to Richard Roper for Twenty Four Years : And we shall shew that in all the Queen's Time Roper was Tenant . Then Iasper Hill , who was the Heir of Richard Hill , in 12 Nov. 5 & 6 Ph. & M. by Deed and afterwards 3 Eliz. by Fine and common Recovery , conveys all these Lands particularly by Name , and releaseth them to Iohn and Macheline Stepkin , and the Heirs of Iohn , and so lodged the Inheritance in the Stepkinses , all but that which was thus out in a long Lease to Marcellus Hall . We shall prove that before Richard Hill died , he entred 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 , are siezed 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 place of Foxes-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 Sellars 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 Eleven Acres . —