THat whereas his Maiestie by Indenture vnder the Seale of the Court of Wards , dated xxiij die Iunij Anno xvij Iac. Reg. Angl. did in expresse words grant vnto the Petitioner , and one George Wilmore Esquire , the other Committee of the said Ward ( amongst other lands ) the Mannor of Sutton , in Com. Surr. and the Advowson and next presentation to the Parsonage thereunto belonging .

Which Parsonage became voide in August 1621. and the Petitioner ( so soone as she could haue notice thereof ) presented a Clerke thereto , but the Ordinary could not admit him , for that the Church was full , by reason of the Lord Keepers presenting of one Doctor Graunt vnto it , one of the Prebends of Westm. who was Examiner also in his Lordships house , who had closely got his Institution , and his Induction also in the Church of Sutton aforesaid ; so the Petitioner was constrained to send to the Cursitor of Surrey for a Quare Impedit , her onely course to auoide this vsurpation of the said Doctor ; but the Cursitor refused to make the said Writ , for that he had a Caueat vnder the Lord Keepers hand to stay the same .

Whereupon the Petitioner preferred sundry petitions to his Lordship to recall his direction , and to giue way to the Writ , but he still denied the same ; only in the time of the last Parliament ( in answer to one of her petitions ) he seemed willing to be certified by two of his Maiesties learned Councell , whether or no it belonged to her , and the other Committee in this case to present ; which answer she shewed to his Maiesties Attorney and Sollicitor generall , and made choice of them to consider of the matter , and at length ( though with great charge ) by her Counsell so plainly instructed them , that they told her they conceiued it to be her right , and had signified as much to his Lordship , and were perswaded his Lordship would in no wise long stay the said Writ . But all this proued but to delay the Petitioner , till the dissolution of the Parliament , and wasting of the six moneths , in which time only by the Common law ( as his Lordship well knew ) she had time to present ; yet before that time was quite spent , she sent againe to the Cursitor for the Writ , who answered , he had made it , and offered it to the seale , but still his Lordship had reiected it .

And further , she being vnwilling to leaue any meanes vnattempted , whereby to preserue the Wards right , in February following , in a wet and cold season , to her further charge and neglect of her health , also iourneyed to Royston , and by humble petition acquainted his Maiestie with the extremitie of her case , and wrong done to her by his Lordship , who graciously accepted the same ; and being moued therewith , gaue direction for the writing of a letter to his Lordship , with the petition inclosed , which was deliuered into his Lordships hands ▪ howbeit hee deferred to answer the same .

Now forasmuch as the presentation is so wrongfully wrested from the Petitioner , and the very gate of Iustice ( which ought to all , and alwayes be open ) shut against her , by being denied the originall Writ of Quare Impedit in so iust a case , which Writ is free to all his Maiesties subiects to su● out ( haue they right or no right , ) and seeing she hath done her owne vtmost endeuor to haue procured the same in due time , but by the might of the Lord Keeper was hindred and opposed , and denied all benefit of the Common law , contrary to many the good and ancient lawes of this kingdome : so that now not only the Petitioner is preiudiced in her present presentation , but the Ward also for euer in his Inheritance , for that he claimeth the same as by descent from his Grandfather , who was a purchaser of the said Mannor and Parsonage , and no auoidance sithence happening , neither Quare Impedit , Assize of Darrain presentment , nor writ of right of Advowson will at any time hereafter lie .

Wherefore her most humble suite to this Honorable Senate is , that their wisedomes would fauorably be pleased to take notice of her cause , ( considering it may be the case of many the Nobilitie and Gentrie of the Kingdome ) and thereupon giue such reliefe , as may be as well for the righting of her in her present presentation , as the Ward in his Inheritance , as also make such prouision for the generall ill consequences growing thereby , as shall be most agreeable to honor , iustice , and that high trust , which the whole Kingdome hath worthily reposed in them .

And seeing all those that were heretofore of Councell with the Petitioner in this case , are now of this Honourable House , she desireth that Sir Henry Yeluerton , and Master Stone of London , may be assigned to be of her Councell herein .