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cause_n court_n defendant_n plaintiff_n 3,417 5 10.5128 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A14373 The state of the suite in Chancerie, betweene Francis Verslyn pl': agaynst Peter Manning, Michael Palmer and theire wiues &c. defendants is, viz Verslyn, Francis. 1621 (1621) STC 24690; ESTC S102485 2,071 2

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The state of the Suite in Chancerie betweene Francis Verslyn pl ' agaynst Peter Manning Michael Pulmer and theire wiues c. defendants is viz. IAcob Verslyn was seised in Fee of the lands in question vnder whose estate all the parties claime And the said Iacob Verslyn hauing in his perfect health trauelled in person to Master Serieant Foster and vsed his counsell and aduise in making of a Will dat 23. Iulij 1601. wherein he setled his lands in the name of the Verslyns and published the same in Merchantailors Hall and there left the Duplicate thereof with a purpose neuer to reuoke the same That the defendants who now seeke the reuersal of the decree in Chancery by Act of Parliament taking aduantage of the old mans weaknes both of bodie and memorie being no way able to go abroad and also of the Plaintifes imprisonment by false Rumors viz. That Francis the pl ' had said hee was ashamed of his Parents and would chaunge his name That his Mother was a Whore to one Doctor Nowell her son in law to Petula a Broker and that Francis the Plaintife had sold his Patrimony for 700. pounds and had receiued in hand 300. pounds and had taken part with Sir Ieram Bowes against the said Iacob his Father Vpon these vntrue reports making the said Iacobs wife the Instrument they caused the said Iacob being aged 84. yeares and vpwards to alter his said will and to disinherite his said eldest sonne Francis and to settle the lands vpon the defendants and their wiues his daughters they hauing great portions with their wiues in marriage The just and legall proceedings of the said suite appeareth as followeth The suite for this land after the death of Iacob betweene the said Francis his sonne and the defendants his daughters and their husbands was in the Chauncerie before the Lord Ellesmere whose care was so great to doe Iustice in this cause That after solempne hearing thereof three whole dayes togeather in one Terme in open Court in Chauncery It was vpon the fourth day of February 9. Iacobi ordered that the said Plaintife should exhibite an Information in the Starrechamber for the said practises c. That so his Lordship might haue the Assistance of that honorable court for his better Iudgement in the cause That in the said suit in Starrechamber the defendants as to the vndue practises in procuring the said last will pleaded the generall pardon and praied the benefit thereof So as the Court could not proceed to Sentence And as to the forging and publishing of the Deed of Feoffment of part of the lands pretended to be made by old Iacob to Peter Manning and his wife the said Manning and Say being the defendants charged therewith pleaded not guiltie And as to the misdemeanor in obtayning the said deed they pleaded the generall Pardon as appeareth by the order made in that Court 27. Maij 12. Iacobi That vpon hearing of the cause in Starrechamber the Court did find very strong maine presumptions that the said deed was forged and counterfete yet forbeare to giue Sentence not hauing full and apparant proofe thereof in regard of the heauinesse of a Sentence for such an offence as appeares by the said order being the words of the Sentence there That after the hearing and order in Starrechamber the cause was againe solempnly heard three whole daies togeather in open Court in Chauncerie aswell vpon the depositions in Chauncerie as in the Starrechamber and decreed for the plaintife 12. Iulij 12. Iacobi That after the death of the Lord Chauncellor Ellesmere the defendants exhibited a new bill in Chauncery of reuiew and reuersal of the former decree And that vpon solempne hearing in open Court the said former decret was confirmed and the plaintifes Bill dismissed as appeareth by the said second decree dated 12 Februarij 16. Iacobi That the end and scope of the said originall decree is to settle the state and possession of the lands of old Iacob Verslyn in Francis his eldest son as heire at Common law against the said pretended last will and deed of feoffement That it is now about 7. yeares since the first decree in Chauncerie since which time the plaintife Francis and Iacob his yonger brother one of the defendants are dead and that the lands are now in the hands of seuerall purchasors and that the children and creditors of the said Frācis are to be relieued out of the moneys receiued and to be receiued for the said lands as appeares by the will of the said Francis That it is not pretended by the Bill in Parliament that any of the decrees or orders were obtained by bribes or rewards or any Indirect course whatsoeuer But it is suggested that the said former decree in Chauncerie was grounded vpon many mistaken and misconceiued suggestions not sufficiently proued which is a very vntrue surmise altogeather improbable considering the great wisedom experience vnderstanding of the then Lord Chancellor togeather with his great care and deliberation in hearing of the said cause in both Courts and there being no briberie or corruption obiected against him the said Decree being likewise grounded vpon many effectuall proofes and reasons not mentioned in the said Bill and yet they now lay an imputation vpon him being dead That if way be giuen to such improbable and scandalous pretences as thereby to question this decree made vpon so many solemne and deliberate hearings both in the Starrechamber and Chauncerie and confirmed by a succeeding Lord Chauncellor by a second decree in Chauncerie vpon a Bill of review exhibited by the said defendants many most just Decrees wil be questioned and the Rights and possessions of many clayming by and vnder them disturbed which also will tend to the generall disgrace of the Decrees of that High Court and likewise to the great trouble of this honorable House in the examination of such improbable scandalous pretences THat therefore this Honourable HOVSE will bee pleased to consider the dangerous Consequent of such a President and to Dismisse the sayd Bill