1o . MAriae , Sir Henry Isley Knight , seized in fee of the Manors of Sutton Valence , Brasted , and Sundrish in Kent , with diuers other Lands , was vpon his ioyning in Wyatts Commotion attainted of high Treason , and executed , and all the said Manors and Lands forfeited to the Crowne .

1 & 2 Phil . & Mar. all the said Manors and Lands were for 1000l . conueyed from the Crowne to William Isley his Sonne in Fee vnder the fee farme rent of 22l . 12s . per annum .

2 Eliz . William Isley ( as surety for one Thomas Bowes ) became indebted to the Crowne in 3644l . 18s . 4d . which was installed to be paid by 100l . per annum , halfe yeerely .

For security of this installed debt , William Isley , by fine and other assurances 3 Eliz . conueyed the said Manors to William Marquesse of Winchester ( then Lord Treasurer of England ) Sir Richard Sackuile Knight ( vnder Treasurer ) Sir Walter Mildmay Chancellor of the Exchequer , and diuers others ( being of the Queenes learned Counsell ) and their heires , to the vse of William Isley and his heires till default of paiment were made of any part of the said installed debt contrary to the said instalment , and vpon default , to the vse of the Crowne till the said installed debt were leuied out of the rents and profits , or otherwise satisfied ; and then to the vse of the said William Isley his heires and assignes .

William Isley paid 1044l . 18s . 4d . of the installed debt ( so as there remained onely vnpaid 2600l . ) but being then indebted to others in 10000l . and all his said lands being variously incombred . And desirous to sell part of those lands for paiment thereof , he by his deed dated 8. Febr . 14. Eliz . and inrolled in Chancery , absolutely released to the Crowne all his right , title , and demand to those Manors .

The onely intention of this Release was to enable a freer fale for paiment of his debts , by vesting the absolute fee in the Crowne , that so ( the said 2600l . being secured to the Crowne ) the purchaser might by an immediate conueiance from the Crowne haue a cleare title discharged of all William Isleyes incombrances ( which were many ) but was neuer intended for any further benefit to the Crowne then the paiment of the said 2600l . as plainly appeareth by these reasons .

First , the inheritance of those Manors so released , were then worth 8000l . at the least .

Secondly , Queene Eliz . 8. Iuly next after ( vpon a bargaine between Willam Isley and Sr Row . Hayward ) by the aduise of the Lord Treasurer Burghley , and of the said Sir Walter Mildmay ( a party to the said conueiance made 3 Eliz . ) conueied all the said Manors to Sir Row . Hayward in fee , paying to the Crowne onely the said arrere ( being 2600l . by 100l . per annum according to the instalment ; and after Isley and Sir Row . Hayward breaking off their bargaine Sir Rowl . 11 Decemb . 15. Eliz . reconueied all the said Manors to the Crowne .

Thirdly . 13. Decemb . 15. Eliz . being but two daies after the said reconueiance . Queene Eliz . demised all the premisses to Tho . Guilford nominated and trusted for Isley . Habend . from Mich . before for so long as the same ought to remaine in the Crowne for paiment of the arrerage of the said installed debt , reseruing 100l . per annum payable at the times in the instalment limitted . In which demise , Guilford couenanteth to account yearely at the Exchequer for all the profits of the premisses , and vpon euery such account ( the said Rent of 100l . per annum and his charges in collecting the rents and accounting allowed ) to pay the residue to Isleyes creditors at the appointment of the Lord Treasurer and Chancellor of the Exchequer for the time being .

Fourthly , William Isley being pressed with a debt to other persons of 10000l . and finding purchasors timorous to buy in regard of the many incumbrances , at the Parliament 18. Eliz . procured an Act whereby the said Lord Burghley , Sir Walter Mildmay , and diuers other persons of honour and eminency were authorized to sell so much of the premisses as they should thinke fit , and with the money to pay Isleyes debts , wherein especiall prouision is made that no more of the said premisses should be sold , but that there might still remaine vnsold lands of the cleare yearly value of 100l . for paiment of the arrere of the said installed debt . And there is one intent expressed in that Act , though not prouided for in the body thereof , viz. that the ouerplus of the premises remaining , after the debts and duties paid , might remaine to Isley and his heires . And by force of that Act , the said Manors of Brasted and Sutton valence were sold , and are to this day vnder such sale enioyed .

William Isley enioyed the residue left vnsold , paid the said yearly rent of 100l . according to the said instalment and the fee farme of 22l . 12s . per annum , and about 34 Eliz . died , and Henry Isley his sonne and heire entred into and enioyed all the said Lands left vnsold , duely paid both the said installed and fee farme Rent , till the whole installed debt of 3644l . 18s . 4d . was in Decemb . 39. Eliz . fully paid , and thereupon had his Quietus est vnder the Exchequer seale , reciting the said assurance of 3 Eliz . and that the said debt was then fully paid .

Henry Isley 19 Eliz . was indicted for fiue Robberies committed 17 Eliz . and obtained his pardon 30 May 20 Eliz . of them and of all Outlawries then or after to be promulged for the same : and after his said fathers death , entred as his Sonne and heire , enioyed the Lands , and was during his life esteemed the true owner of them .

25 Feb. 41 Eliz . Henry Isley made his last Will in writing , thereby deuising the said Manor of Sundrish to Iane his wife and her heires for paiment of his debts , and for portions for Vrsula and Una his reputed daughters , and dyed in possession of the said Manor . Iane entered thereinto and intermarried with William Meysey Esquire , and they for performance of the said Will , conueyed the said Manor to Williom Harlow in fee , who re-conueyed it to William Meysey and Robert Herle , and to the heires of Meysey , who for valuable consideration in money got assurances from Reginald Peckham ( Sonne and heire of Anne ) and from Katherine Beeseley two of the sisters and coheires of the said Henry Isley , of all their right in that Manor .

Afterwards Hugh Browker the Petitioners Father for 2040l . purchased the same Manor of Meysey and Herle , not knowing of the said absolute release of 8 Febr . 14 Eliz . but being onely made acquainted with the other assurances of 3 Eliz . Guilfords Lease , and with the Act of 18. of Eliz . And was also acquainted onely with the said Pardon , and not with any the subsequent Outlawries . Hereupon , in confidence of the Title , the said Hugh Browker and the Petitioner haue bestowed aboue 2000l . more in building vpon the Manor . And the Petitioner then very yong , was vpon the death and discent of the said Manor of and from his said Father many 〈…〉 his late Maiesty for the same Manor .

That the Petitioner after his full age was enforced to compound with one Michael Blackwell another of Henry Isleys Coheires for his title to a ninth part of the said Manor , for which ( in respect of the tenure ) Henry Isleyes Will proued void , and vpon that composition paid him 270l . and had from him a Fine , with other assurances with Couenants for further assurance . Wherein one William Wise a Councellor at Law was of Councell with Blackwell ( as formerly he had beene in his other suit against the Petitioner ) and was priuy to the composition and paiment of the said 270l .

That before this composition and paiment , Wise ( solliciting Blackwels said former suit against the Petitioner ) had vpon search discouered the said absolute release of 8 Feb. 14 Eliz . and fiue seueral Outlawries of Henry Isley vpon the robberies aforesaid returned into the Kings Bench , & pronounced about 3 months after his pardon , & thereupon had drawn Michaell Oldsworth Esquire to procure a Patent of concealement dated 26 August . 22. Iat . whereby the said Manor of Sundrish with all the arrerages then incurred , were granted to George Fouch and Nicholas Streete and their heires in trust for Michael Oldsworth , which Patent Wise knew to be passed the great Seale long before the Petitioners said Composition with Blackwell , but yet concealed it till the said 270l . was paid .

Wise , presently after paiment of the said 270l . aduised Master Oldsworth to make entries vpon this Manor , and to bring an eiectione firme thereupon in the Exchequer , where , vpon the Tryall he produced the absolute Release ( neuer before then heard of by the Petitioner ) alleadging the same to haue beene made for the benefit of the Crowne onely , and not for any the ends or vses before mentioned , and thereupon had Verdict and Iudgement with a Cesset executie , till further examination of the cause .

And Wise knowing the said Outlawries to haue beene both subsequent to the Pardon , and in themselues apparantly erronious , and for those errors easily reuersable : for preuention thereof Master Oldsworth by his aduise hath procured Releases to the Patentees from Reginald Peckham ( the foresaid Reginald Peckhams sonne and heire ) contrary to his Fathers assurances and agreement , and from Michael Blackwell , contrary to his owne composition and assurances aforesaid : and also Releases to his Maiesty from them , as heires to Henry Isley of all errors in the said Outlawries ( the said Katherine Beeseley being dead without issue ) and the said Blackwell since his said Composition , by the aduise of the said Wise , tooke letters of Administration of the goods of Henry Isley not administred by Iane his Executrix deceased : and the said Blackwell as Administrator hath made other Releases of errors to his Maiesty , without any other consideration then to preiudice the Petitioner , the said Blackwell being a suiter to his Maiesty to accept those releases , whereby the Petitioner in point of priuity is disabled to bring writs of Error either in the heires name , or as Administrator .

That his Maiesty was graciously pleased to giue way to the Petioners prosecution of writs of error as terretenant , who to his excessiue charge sued out 5. seuerall writs of error , and them prosecuted in the Kings Bench . But Master Oldsworth by aduise of Wise , hath brought 5. seuerall writs vnder the great seale to command stay of further prosecution rege in consulto .

That howsoeuer a pretence be made of his Maiesties profit by an increase of 20l . yearly rent in the said Patent , yet no part therof hath beene euer paid , nor is it put in charge . But Wise for Master Oldsworth vpon tender of composition , hath offred to procure a discharge of that rent , so , as it is intended onely for their owne priuate ends , not really for his Maiesties profit .

That the Petitioner by the extreame charge of these suits is like to be impouerished , and by doubt in Law whether a Terretenant may maintaine a Writ of Error , is in danger vniustly to be disherited .

For preuention whereof , and discharge of the trust reposed in the Crown by Willi . Isley . It is humbly prayed , it may be declared , adiudged & enacted , that the said late Queene by the true meaning of the said release , was to take no other benefit thereby then onely for satisfaction of the arrere of the said installed debt , being 2600l . and that after satisfaction of the said 2600l . then William Isley and his heires and assignes might haue and enioy the said Manors , any thing in the said release to the contrary notwithstanding . And that the Outlawries shall be holden void both in regard of the Pardon aforesaid , and for the apparant errors therein , and that the Petitioner and his heires may enioy the said Manor of Sundrish against the Patentees , Reginald Peckham , Michael Blackwell , and Master Oldsworth , and euery of them , and all claiming vnder them ; and also against his Maiestie , his heires and successours claiming onely by the said absolute Release and attainders , and that no execution shall be had vpon the said Iudgement in the Exchequer . With a sauing to his Maiesty of all right , except by the said absolute release and other assurances of William Isley , made for securing the said enstalled debt , and except by the attainders by the said Outlawries . And with a sauing of right to all others except the Patentees , Peckam , Blackwell , and Oldsworth , and all claiming by or vnder them .