An Act to avoid a Decree in Chancery there made, between one Francis Verzelline, son and heir of jacob Verzelline the Elder, Plaintiff; And Peter Manning, Michael Pallmer, and their Wives, Daughters of the said jacob the Elder, and others, Defendants. 1. THe Defendants set forth, That the said jacob the elder, being seized of diverse Lands in Kent, worth 260. li. per Annum, conceiving displeasure against the said Francis Verzelline, for that He the said Francis, had married (Ka. Burly) a second wife (the first being alive) and otherwise had abused himself, and was also of evil life; did purpose to settle his said Lands upon his second son, and his said daughters, & the heirs 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 seven credible witnesses. 2. Gave his Land by the same Will to his said second son, and to his said daughters, and their children in tail. 3. Gave a rent of 40. li. per annum by it, to his said son Francis. 4. With Proviso, to be void, if he 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 publicly, & carefully read unto him before he sealed it, being about a month in framing. 7. He did all this by the advice of Mr. Sergeant All tham. 8. After this, He (by deed) dated xxvi. Martij, 1606. recites this Will, confirms and strengthens it, and by the same deed, grants unto the same Francis Verzelline 60. li. rend more per annum for his life only. 9 With a Proviso, to the same effect, as in the Will, if he should attempt to make void the same Will. 10. He ratified also the same Will at another tiem by an Endorsement thereupon, declaring again his intention touching the settling of the said Lands, according to the body of the said Will, and this was on the 9 of September, 1606. in the presence of three witnesses of good credit. 11. After his death, the said Eliz: his wife (after Citation of the said Francis, to see the said Will proved in the prerogative Court) proved the same by seven witnesses upon their Oath testifying the same, and the said often publications and confirmations thereof. 12. And the said Francis Verzelline permitted the same. 13. And accepted of his said Rent according to the said Will, and made Acquittances for the same. 14. And knew that his said Mother paid diverse Legacies by virtue of the same will. And yet nevertheless in Easter Term, 1609. He the said Francis Verzelline exhibited his Bill in Chancery, to overthrew the said Will, pretending the same to be unduely obtained, and drawn from his said Father, and after Answer and Examinations of witnesses, the cause coming to hearing, A Decree was made for the Plaintiff. By which, 1. It was adjudged, That the said Will should be taken to be void, to all purposes against the said Fra: Verzelline. 2. And, The present possession of all the said Lands, established with him the said Francis, and that the said Defendants in the said suit should be barred to take any benefit by the said Will. 3. And, That the Defendants and their Wives should within six months then next coming make Assurance of the said lands to the Plaintiff. For non performance whereof, the said Peter Manning, endured long imprisonment, and the said Michael Pallmer, went beyond the Seas to his utter undoing, refusing to perform the said Decree, for that the same was grounded upon suggestions and allegations utterly mistaken, and manifestly, either without proof, or against proof. 1. As first, That the Defendants had pleaded a Pardon for the undue procuring of the said Will in the Star-chamber. Which was only repeated in their Answer, as that, whereof they might have taken benefit, if they had been faulty. But they did neither insist, nor demand judgement of that honourable Court thereupon. But pleaded over the Truth of the matter, and concluded their said answer, with the general issue, Not guilty. 2. That they did incense the Plaintiffs Father against him. 3. That they had untruly charged him, to have said, That he was ashamed of his Father. 4. That there were no Instructions given by the said Testator, for making of the said Will to such as drew it. 5. That it was doubtful whether it was at any time read to the Father, or not. 6. That some did depose the said reading thereof, but to their remembrance, and with some contrarieties, which were clearly otherwise, and very untrue. But on the other part of the Defendants, it was fully proved. 1. That the very paper book of the said draught, was read and amended to, and by the said Testators own directions. 2. That it was drawn 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 back again, and read to him a second time. 5. That it was by the Testators direction engrossed in parchment in two parts indented. 6. That the said Testator invited diverse men, of purpose to let them know that it was his last Will and Testament. 7. That the same was brought and read unto him before the sealing, by one of his servants that drew it in paper. 8. That a former Will was then in his presence and view, and by his special directions canceled and defaced. 9 That then he sealed the said Will (decreed against) in the presence of the said witnesses. 10. That he than delivered one duplicate thereof to one Mr. Fitch to be kept, and the other he kept himself. 11. That he afterwards delivered 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 years and more before his death. 13. That he did again publish the same to one Doctor Manning about one year after the date thereof, who read it unto him. 14. That he, at all these times well knew, that the said Fra: Verzelline had married Kath: Burley his second wife, the first being alive. 15. That he said, No Bastards should inherit his Lands, and held the said Francis, prodigal and lewd. 16. And that the said Testator was of very perfect memory at all these times. For all which, and for that the said Fra: Verzelline had all the personal estate of the said jacob the Elder, amounting to the value of 1200. li. and upwards, as Executor to Eliz. Executrix of the said Testators last Will & Testament. And for that the validity and invalidity of the said last Will & Testament, being for Lands of Inheritance, aught by the Laws of this Kingdom, to have been tried at the Common Law, upon an issue of devisavit or, non devisavit, and not to have been determined in the said Court of Chancery. The said Peter Manning and his Wife, Michael Palmer, and john Palmer his Son and heir, by the said Marriage, and jacob Manning, son and heir of the said Peter, do humbly pray his most excellent Majesty, the Lords spiritual & temporal, and Commons in this present Parliament assembled, That it may be by them enacted, That the said Decree may be utterly reversed; and that they may have full power and liberty (the said Decree notwithstanding) to enter into the said Lands, or to recover the same, at and by the Common Laws of this Realm, and that all persons interessed by the said Will, may hold and enjoy all the lands to them devised, according to the same, the said Decree in any wise notwithstanding.