1. THe Defendants set forth , That the said Iacob the elder , being seized of diuers Lands in Kent , woorth 260. li. per Annum , conceiuing displeasure against the saide Francis Verzelline , for that He the said Francis , had maried ( Ka. Burly ) a second wife ( the first being aliue ) and otherwise had abused himselfe , and was also of euill life ; did purpose to settle his said Lands vpon his second son , and his said daughters , & the heires of their bodies : And to that end , the 29. of May , 1604. made his last Will and Testament in writing by Indenture , both signed and sealed by him , in the presence of seuen credible witnesses .

2. Gaue his Land by the same Will to his said second son , and to his saide daughters , and their children in taile .

3. Gaue a rent of 40. li. per annum by it , to his said sonne Francis .

4. With Prouiso , to be void , if hee should at any time attempt to make void , or interrupt the execution of any part of the same Will.

5. Made his Wife Elizabeth Executrix .

6. He caused the same Will to be often , and publikely , & carefully read vnto him before he sealed it , being about a month in framing .

7. He did all this by the aduice of Mr. Sergeant All tham .

8. After this , He ( by deed ) dated xxvi . Martij , 1606. recites this Will , confirmes and strengthens it , and by the same deede , grants vnto the same Francis Verzelline 60. li. rent more per annum for his life onely .

9. With a Prouiso , to the same effect , as in the Will , if he should attempt to make void the same Will.

10. Hee ratified also the same Will at another tiem by an Indorsement thereupon , declaring againe his intention touching the setling of the sayde Lands , according to the body of the sayde Will , and this was on the 9. of September , 1606. in the presence of three witnesses of good credit .

11. After his death , the saide Eliz: his wife ( after Citation of the saide Francis , to see the said Will proued in the prerogatiue Court ) prooued the same by seuen witnesses vpon their Oath testifying the same , and the said often publications and confirmations thereof .

12. And the saide Francis Verzelline permitted the same .

13. And accepted of his said Rent according to the saide Will , and made Acquittances for the same .

14. And knew that his saide Mother payed diuers Legacies by vertue of the same will .

And yet neuerthelesse in Easter Terme , 1609. He the saide Francis Verzelline exhibited his Bill in Chancerie , to ouerthrow the saide Will , pretending the same to be vnduely obtained , and drawn from his sayde Father , and after Answer and Examinations of witnesses , the cause comming to hearing , A Decree was made for the Plaintiffe . By which , 1. It was adiudged , That the sayd Will should be taken to be voyde , to all purposes against the saide Fra: Verzelline .

2. And , The present possession of all the saide Lands , established with him the said Francis , and that the said Defendants in the said suite should be barred to take any benefit by the said Will .

3. And , That the Defendants and their Wiues should within sixe moneths then next comming make Assurance of the said lands to the Plaintiffe . For non performance whereof , the sayde Peter Manning , indured long imprisonment , and the saide Michael Pallmer , went beyond the Seas to his vtter vndoing , refusing to performe the said Decree , for that the same was grounded vpon suggestions and allegations vtterly mistaken , and manifestly , either without proofe , or against proofe .

1. As first , That the Defendants had pleaded a Pardon for the vndue procuring of the saide Will in the Star-chamber . Which was onely repeated in their Answer , as that , whereof they might haue taken benefite , if they had bin faulty . But they did neither insist , nor demand Iudgement of that honourable Court thereupon . But pleaded ouer the Truth of the matter , and concluded their said answer , with the generall issue , Not guilty .

2. That they did incense the Plaintiffes Father against him .

3. That they had vntruly charged him , to haue sayde , That he was ashamed of his Father .

4. That there were no Instructions giuen by the saide Testator , for making of the said Will to such as drew it .

5. That it was doubtfull whether it was at any time read to the Father , or not .

6. That some did depose the said reading thereof , but to their rememberance , and with some contrarieties , which were cleerely otherwise , and very vntrue .

But on the other part of the Defendants , it was fully proued .

1. That the very paper booke of the saide draught , was read and amended to , and by the said Testators owne directions .

2. That it was drawne by a former Will by his directions .

3. That the same paper book was sent afterwards to Mr. Sergeant Altham to be perused .

4. That it was by him perused , and brought backe againe , and reade to him a second time .

5. That it was by the Testators direction ingrossed in parchment in two parts indented .

6. That the saide Testator inuited diuers men , of purpose to let them know that it was his last Will and Testament .

7. That the same was brought and read vnto him before the sealing , by one of his seruants that drew it in paper .

8. That a former Will was then in his presence and view , and by his speciall directions cancelled and defaced .

9. That then he sealed the saide Will ( decreed against ) in the presence of the said witnesses .

10. That he then deliuered one duplicate thereof to one Mr. Fitch to bee kept , and the other he kept himselfe .

11. That he afterwards deliuered one of the said duplicates to the deputed Towne-Clearke of London , to be by him safely kept .

12. That the same was so made two yeares and more before his death .

13. That he did againe publish the same to one Doctor Manning about one yeare after the date thereof , who read it vnto him .

14. That he , at all these times well knew , that the saide Fra: Verzelline had married Kath: Burley his second wife , the first being aliue .

15. That he said , No Bastards should inherit his Lands , and helde the said Francis , prodigall and leud .

16. And that the said Testator was of verie perfect memorie at all these times .

For all which , and for that the saide Fra: Verzelline had all the personall estate of the said Iacob the Elder , amounting to the value of 1200. li. and vpwards , as Executor to Eliz. Executrix of the said Testators last Will & Testament . And for that the validity and inualidity of the said last Wil & Testament , being for Lands of Inheritance , ought by the Lawes of this Kingdome , to haue bin tried at the Common Law , vppon an issue of deuisauit or , non deuisauit , and not to haue bin determined in the sayde Court of Chancery .

The said Peter Manning and his Wife , Michaell Palmer , and Iohn Palmer his Son and heire , by the said Marriage , and Iacob Manning , son and heire of the saide Peter , do humbly pray his most excellent Maiesty , the Lords spirituall & temporall , and Commons in this present Parliament assembled , That it may be by them enacted , That the said Decree may be vtterly reuersed ; and that they may haue full power and libertie ( the sayd Decree notwithstanding ) to enter into the saide Lands , or to recouer the same , at and by the Common Lawes of this Realme , and that all persons interessed by the said Wil , may hold and enioy al the lands to them deuised , according to the same , the said Decree in any wise notwithstanding .