Sir Thomas Shirley of Wiston in the County of Sussex, was great Grandfather to the Plaintiff. He had issue. Three Sons. Second Sir Anthony Shirley, the Plaintiffs great Uncle: He died without issue. First Sir Thomas Shirley his eldest Son, (the Plaintiffs Grandfatherâ–ª) He had issue. Two Sons First Henry Shirley the Plaintiffs Uncle, he died without issue in the life of his Father. Second Thomas Shirley, afterwards Sir Thomas Shirley the Plaintiffs Father. He had issue. Thmas Shirley who is the Plaintiff. Third Sir Robert Shirley the Plaintiffs great Uncle. He died without issue The Case of Thomas Shirley Esq one of his Majesty's Physicians in Ordinary. SIR Thomas Shirley the Elder, the Plaintiffs great Grandfather was seized in Fee of the Manor of Wiston, and divers other Manors and Lands in the County of Sussex, to the yearly value of more than three thousand pounds. The said Sir Thomas Shirley half a year before his Death, did by Indenture bearing date the 29 Novemberis, nono jacobi. Settle the said Manors upon himself and Dame Anne his Wife during their lives, and after their Decease to Sir Thomas Shirley his Eldest Son the Plaintiffs Grandfather for Life, and after his Decease to Henry Shirley the Plaintiffs Uncle for Life, and after his Decease to the Sons of the said Henry successively in tail male; And for default of such issue to Thomas Shirley afterwards Sir Thomas Shirley the Plaintiffs Father (and Brother to the said Henry) for Life, and after his Decease to the first, second, third, and fourth sons, etc. of the said Thomas in tail male; And the Plaintiff as only son of the said Thomas, by virtue of the said Settlement is alone entitled to the said Estate. But divers Persons having got into Possession of the said Manors are combined together to defraud the Plaintiff and especially one Sir john Fag, who is got into possession of the chief Manor, and a house that cost three and thirty thousand Pound building, as the Plaintiff is informed, and several Lands and Tenements, to the value of Eight hundred Pound per annum: As the Plaintiff verily believes And also for ten pounds in Money, and a Horse or Mare, worth six: Hath gotten into his Custody by the delivery of one Francis Whatker, the said Deed of Settlement, without which the Plaintiff cannot recover his Estate from the said Sir john Fag, nor other Lands contained in the said Settlement. The Plaintiff hath sued Sir john Fag by English Bill, in the High Court of Chancery for discovery of the said Deed, to which he put in a Plea to the said Bill before the then Lord Chancellor: the Substance whereof is only that he is a purchaser of the said House and Lands, for the Consideration of Six thousand Eight hundred pounds; which he calls a valuable Consideration, though in truth he derives no Title from any of the Plaintiff's Ancestors, nor denies notice of the Plantiff's Title. And yet the said Plea being argued the Court allowed of the same, and dismissed the Plantiff's Bill out of Chancery, which dismission is signed and Enrolled, whereby the Plaintiff is Ruined, and left without remedy either at Law or Equity, to recover his estate of three thousand pound Per Annum; gotten from him as a foresaid, without any manner of Consideration either to him or any of his Ancestors under whom the Plaintiff claims. And for want of the said Deed, the Plaintiff hath no way to obtain relief, or compel the said Sir john Fag, to produce the said Settlement without his Address to the Right Honourable the house of Lords, the supreme Court of Equity. Now the said Decree of Dismission of the Plaintiffs Bill out of Chancery being very Erroneous, and the matter of Fact being mistated and there being many Errors in Fact in the said proceed for which the said Decree and Order of Dismission ought to be reversed, and as the Case stands the Plaintiff cannot maintain or assign any Bill of Reveiw for the same in the Court of Chancery according to the strict Rules of that Court the Plaintiff hath therefore by Petition Appealed from the said Decree and Order of dismission to the Right Honourable the House of Lords where he hopeth the same will be examined and Reversed The substance of the Plaintiffs desires are, that their Lordships would be pleased to cause the said Deed of settlement to be produced before them and restored to the Plaintiff, and to do him what further Justice their Lordships in their great Wisdom shall think fit; to which the Plaintiff submits both himself and cause. Thomas Shirley