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<DATE>2014-02-27</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140114.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B14697">
<STC T="G">Harl.7617[17]</STC>
<STC T="C">R226109</STC>
<STC T="C">S123999</STC>
<STC T="S">17257.5</STC>
<BIBNO T="umi">99892815</BIBNO>
<VID>187274</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>An Acte to auoyde a Decree in Chancery there made, be|tweene one Francis Verzelline, &s;onne and heire of Iacob Verzelline the El|der, <HI>Plaintiffe; And Peter Manning, Michaell Pallmer, and their Wiues, Daughters of the &s;ayde Iacob the Elder, and others, Defendants.</HI></HEAD>
<P N="1">1. _THe <HI>Defendants</HI> &s;et forth, That the &s;aid <HI>Iacob</HI> the elder, being &s;ei|zed of diuers Lands in <HI>Kent,</HI> woorth 260. li. <HI>per Annum,</HI> con|ceiuing di&s;plea&s;ure again&s;t the &s;aide <HI>Francis Verzelline,</HI> for that He the &s;aid <HI>Francis,</HI> had maried <HI>(Ka. Burly)</HI> a &s;econd wife (the fir&s;t being aliue) and otherwi&s;e had abu&s;ed him&s;elfe, and was al&s;o of euill life; did purpo&s;e to &s;ettle his &s;aid Lands vpon his &s;econd &s;on, and his &s;aid daughters, &amp; the heires of their bodies: And to that end, the 29. of May, 1604. made his la&s;t Will and Te&s;tament in writing by Indenture, both &s;igned and &s;ealed by him, in the pre&s;ence of &s;euen credible witne&s;&s;es.</P>
<P N="2">2. Gaue his Land by the &s;ame <HI>Will</HI> to his &s;aid &s;econd &s;on, and to his &s;aide daughters, and their children in taile.</P>
<P N="3">3. Gaue a rent of 40. li. <HI>per annum</HI> by it, to his &s;aid &s;onne <HI>Francis.</HI></P>
<P N="4">4. With <HI>Proui&s;o,</HI> to be void, if hee &s;hould at any time attempt to make void, or interrupt the execution of any part of the &s;ame Will.</P>
<P N="5">5. Made his Wife <HI>Elizabeth</HI> Executrix.</P>
<P N="6">6. He cau&s;ed the &s;ame Will to be often, and publikely, &amp; carefully read vnto him before he &s;ealed it, being about a month in framing.</P>
<P N="7">7. He did all this by the aduice of M^r. Sergeant <HI>All tham.</HI></P>
<P N="8">8. After this, He (by deed) dated <HI>xxvi. Martij,</HI> 1606. recites this Will, confirmes and &s;trengthens it, and by the &s;ame deede, grants vnto the &s;ame <HI>Francis Verzelline</HI> 60. li. rent more <HI>per annum</HI> for his life onely.</P>
<P N="9">9. With a <HI>Proui&s;o,</HI> to the &s;ame effect, as in the Will, if he &s;hould attempt to make void the &s;ame Will.</P>
<P N="10">10. Hee ratified al&s;o the &s;ame Will at another tiem by an Indor&s;ement thereupon, declaring againe his intention touching the &s;etling of the &s;ayde Lands, according to the body of the &s;ayde Will, and this was on the 9. of September, 1606. in the pre&s;ence of three witne&s;&s;es of good credit.</P>
<P N="11">11. After his death, the &s;aide <HI>Eliz:</HI> his wife (after Citation of the &s;aide <HI>Francis,</HI> to &s;ee the &s;aid Will proued in the prerogatiue Court) prooued the &s;ame by &s;euen witne&s;&s;es vpon their Oath te&s;tifying the &s;ame, and the &s;aid of|ten publications and confirmations thereof.</P>
<P N="12">12. And the &s;aide <HI>Francis Verzelline</HI> permitted the &s;ame.</P>
<P N="13">13. And accepted of his &s;aid Rent according to the &s;aide Will, and made Acquittances for the &s;ame.</P>
<P N="14">14. And knew that his &s;aide Mother payed diuers Legacies by vertue of the &s;ame will.</P>
<P><HI>And yet</HI> neuerthele&s;&s;e in <HI>Ea&s;ter Terme,</HI> 1609. He the &s;aide <HI>Francis Verzel|line</HI> exhibited his <HI>Bill in Chancerie,</HI> to ouerthrow the &s;aide Will, pretending the &s;ame to be vnduely obtained, and drawn from his &s;ayde Father, and af|ter An&s;wer and Examinations of witne&s;&s;es, the cau&s;e comming to hearing, <HI>A Decree</HI> was made for the Plaintiffe. By which, 1. It was adiudged, That the &s;ayd Will &s;hould be taken to be voyde, to all purpo&s;es again&s;t the &s;aide <HI>Fra: Verzelline.</HI></P>
<P N="2">2. And, The pre&s;ent po&s;&s;e&s;&s;ion of all the &s;aide Lands, e&s;tabli&s;hed with him the &s;aid <HI>Francis,</HI> and that the &s;aid Defendants in the &s;aid &s;uite &s;hould be barred to take any benefit by the &s;aid Will.</P>
<P N="3">3. And, That the Defendants and their Wiues &s;hould within &s;ixe mo|neths then next comming make A&s;&s;urance of the &s;aid lands to the Plaintiffe. For non performance whereof, the &s;ayde <HI>Peter Manning,</HI> indured long im|pri&s;onment, and the &s;aide <HI>Michael Pallmer,</HI> went beyond the Seas to his vtter vndoing, refu&s;ing to performe the &s;aid <HI>Decree,</HI> for that the &s;ame was grounded vpon &s;ugge&s;tions and allegations vtterly mi&s;taken, and manife&s;t|ly, either without proofe, or again&s;t proofe.</P>
<P N="1">1. As fir&s;t, That the Defendants had pleaded a Pardon for the vndue procuring of the &s;aide Will in the Star-chamber. <HI>Which was onely repeated in their An&s;wer, as that, whereof they might haue taken benefite, if they had bin faulty. But they did neither in&s;i&s;t, nor demand Iudgement of that honou|rable Court thereupon. But pleaded ouer the Truth of the matter, and concluded their &s;aid an&s;wer, with the generall i&s;&s;ue,</HI> Not guilty.</P>
<P N="2">2. That they did incen&s;e the Plaintiffes Father again&s;t him.</P>
<P N="3">3. That they had vntruly charged him, to haue &s;ayde, That he was a&s;ha|med of his Father.</P>
<P N="4">4. That there were no In&s;tructions giuen by the &s;aide Te&s;tator, for ma|king of the &s;aid Will to &s;uch as drew it.</P>
<P N="5">5. That it was doubtfull whether it was at any time read to the Father, or not.</P>
<P N="6">6. That &s;ome did depo&s;e the &s;aid reading thereof, but to their remembe|rance, and with &s;ome contrarieties, which were cleerely otherwi&s;e, and ve|ry vntrue.</P>
<P>But on the other part of the Defendants, it was fully proued.</P>
<P N="1">1. That the very paper booke of the &s;aide draught, was read and amended to, and by the &s;aid Te&s;tators owne directions.</P>
<P N="2">2. That it was drawne by a former Will by his directions.</P>
<P N="3">3. That the &s;ame paper book was &s;ent afterwards to M^r. Sergeant <HI>Altham</HI> to be peru&s;ed.</P>
<P N="4">4. That it was by him peru&s;ed, and brought backe againe, and reade to him a &s;econd time.</P>
<P N="5">5. That it was by the Te&s;tators direction ingro&s;&s;ed in parchment in two parts indented.</P>
<P N="6">6. That the &s;aide Te&s;tator inuited diuers men, of purpo&s;e to let them know that it was his la&s;t Will and Te&s;tament.</P>
<P N="7">7. That the &s;ame was brought and read vnto him before the &s;ealing, by one of his &s;eruants that drew it in paper.</P>
<P N="8">8. That a former Will was then in his pre&s;ence and view, and by his &s;pe|ciall directions cancelled and defaced.</P>
<P N="9">9. That then he &s;ealed the &s;aide Will <HI>(decreed again&s;t)</HI> in the pre&s;ence of the &s;aid witne&s;&s;es.</P>
<P N="10">10. That he then deliuered one duplicate thereof to one M^r. <HI>Fitch</HI> to bee kept, and the other he kept him&s;elfe.</P>
<P N="11">11. That he afterwards deliuered one of the &s;aid duplicates to the depu|ted <HI>Towne-Clearke</HI> of <HI>London,</HI> to be by him &s;afely kept.</P>
<P N="12">12. That the &s;ame was &s;o made two yeares and more before his death.</P>
<P N="13">13. That he did againe publi&s;h the &s;ame to one Doctor <HI>Manning</HI> about one yeare after the date thereof, who read it vnto him.</P>
<P N="14">14. That he, at all the&s;e times well knew, that the &s;aide <HI>Fra: Verzelline</HI> had married <HI>Kath: Burley</HI> his &s;econd wife, the fir&s;t being aliue.</P>
<P N="15">15. That he &s;aid, No Ba&s;tards &s;hould inherit his Lands, and helde the &s;aid <HI>Francis,</HI> prodigall and leud.</P>
<P N="16">16. And that the &s;aid Te&s;tator was of verie perfect memorie at all the&s;e times.</P>
<P><HI>For all which,</HI> and for that the &s;aide <HI>Fra: Verzelline</HI> had all the per&s;onall e|&s;tate of the &s;aid <HI>Iacob</HI> the Elder, amounting to the value of 1200. li. and vp|wards, as Executor to <HI>Eliz.</HI> Executrix of the &s;aid Te&s;tators la&s;t Will &amp; Te|&s;tament. And for that the validity and inualidity of the &s;aid la&s;t Wil &amp; Te&s;ta|ment, being for Lands of Inheritance, ought by the Lawes of this King|dome, to haue bin tried at the Common Law, vppon an i&s;&s;ue of <HI>deui&s;auit</HI> or, <HI>non deui&s;auit,</HI> and not to haue bin determined in the &s;ayde Court of Chancery.</P>
<P>The &s;aid <HI>Peter Manning</HI> and his Wife, <HI>Michaell Palmer,</HI> and <HI>Iohn Pal|mer</HI> his Son and heire, by the &s;aid Marriage, and <HI>Iacob Manning,</HI> &s;on and heire of the &s;aide <HI>Peter,</HI> do humbly pray his mo&s;t excellent Maie&s;ty, the Lords &s;pirituall &amp; temporall, and Commons in this pre&s;ent Parliament a&s;&s;embled, That it may be by them enacted, That the &s;aid <HI>Decree</HI> may be vtterly reuer&s;ed; and that they may haue full power and libertie (the &s;ayd <HI>Decree</HI> notwith&s;tanding) to enter into the &s;aide Lands, or to recouer the &s;ame, at and by the Common Lawes of this Realme, and that all per&s;ons intere&s;&s;ed by the &s;aid Wil, may hold and enioy al the lands to them deui|&s;ed, according to the &s;ame, the &s;aid <HI>Decree</HI> in any wi&s;e notwith&s;tanding.</P>
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