1^o. MAriae, Sir Henry Isley Knight, seized in fee of the Manors of Sutton Ʋalence, Brasted, and Sundrish in Kent, with diuers other Lands, was vpon his ioyning in Wyatts Commotion attainted of high Treason, and executed, and all the said Manors and Lands forfeited to the Crowne.

1 & 2 Phil. & Mar. all the said Manors and Lands were for 1000l. conueyed from the Crowne to William Isley his Sonne in Fee vnder the fee farme rent of 22^l. 12^s. per annum.

2 Eliz. William Isley (as surety for one Thomas Bowes) became indebted to the Crowne in 3644^l. 18^s. 4^d. which was installed to be paid by 100^l. per annum, halfe yeerely.

For security of this installed debt, William Isley, by fine and other assurances 3 Eliz. conueyed the said Manors to William Marquesse of Winchester (then Lord Treasurer of England) Sir Richard Sackuile Knight (vnder Treasurer) Sir Walter Mildmay Chancellor of the Exchequer, and diuers others (being of the Queenes learned Counsell) and their heires, to the vse of William Isley and his heires till default of paiment were made of any part of the said installed debt contrary to the said instalment, and vpon default, to the vse of the Crowne till the said installed debt were leuied out of the rents and profits, or otherwise satisfied; and then to the vse of the said William Isley his heires and assignes.

William Isley paid 1044^l. 18^s. 4^d. of the installed debt (so as there remained onely vnpaid 2600^l.) but being then indebted to others in 10000^l. and all his said lands being variously in­combred. And desirous to sell part of those lands for paiment thereof, he by his deed dated 8. Febr. 14. Eliz. and inrolled in Chancery, absolutely released to the Crowne all his right, title, and demand to those Manors.

The onely intention of this Release was to enable a freer fale for paiment of his debts, by vesting the absolute fee in the Crowne, that so (the said 2600^l. being secured to the Crowne) the purchaser might by an immediate conueiance from the Crowne haue a cleare title discharged of all William Isleyes incombrances (which were many) but was neuer intended for a­ny further benefit to the Crowne then the paiment of the said 2600^l. as plainly appeareth by these reasons.

First, the inheritance of those Manors so released, were then worth 8000^l. at the least.

Secondly, Queene Eliz. 8. Iuly next after (vpon a bargaine between Willam Isley and S^r Row. Hayward) by the aduise of the Lord Treasurer Burghley, and of the said Sir Walter Mildmay (a party to the said conueiance made 3 Eliz.) conueied all the said Manors to Sir Row. Hayward in fee, paying to the Crowne onely the said arrere (being 2600^l. by 100^l. per annum accor­ding to the instalment; and after Isley and Sir Row. Hayward breaking off their bargaine Sir Rowl. 11 Decemb. 15. Eliz. reconueied all the said Manors to the Crowne.

Thirdly. 13. Decemb. 15. Eliz. being but two daies after the said reconueiance. Queene Eliz. demised all the premisses to Tho. Guilford nominated and trusted for Isley. Habend. from Mich. before for so long as the same ought to remaine in the Crowne for paiment of the arrerage of the said installed debt, reseruing 100^l. per annum payable at the times in the instalment li­mitted. In which demise, Guilford couenanteth to account yearely at the Exchequer for all the profits of the premisses, and vpon euery such account (the said Rent of 100^l. per annum and his charges in collecting the rents and accounting allowed) to pay the residue to Isleyes creditors at the appointment of the Lord Treasurer and Chancellor of the Exchequer for the time being.

Fourthly, William Isley being pressed with a debt to other persons of 10000^l. and finding purchasors timorous to buy in regard of the many incumbrances, at the Parliament 18. Eliz. procured an Act whereby the said Lord Burghley, Sir Walter Mildmay, and diuers other persons of honour and eminency were authorized to sell so much of the premisses as they should thinke fit, and with the money to pay Isleyes debts, wherein especiall prouision is made that no more of the said premisses should be sold, but that there might still remaine vnsold lands of the cleare yearly value of 100^l. for paiment of the arrere of the said installed debt. And there is one intent expressed in that Act, though not prouided for in the body thereof, viz. that the ouerplus of the premises remaining, after the debts and duties paid, might remaine to Isley and his heires. And by force of that Act, the said Manors of Brasted and Sutton valence were sold, and are to this day vnder such sale enioyed.

VVilliam Isley enioyed the residue left vnsold, paid the said yearly rent of 100^l. according to the said instalment and the fee farme of 22^l. 12^s. per annum, and about 34 Eliz. died, and Henry Isley his sonne and heire entred into and enioyed all the said Lands left vnsold, duely paid both the said installed and fee farme Rent, till the whole installed debt of 3644^l. 18^s. 4^d. was in Decemb. 39. Eliz. fully paid, and thereupon had his Quietus est vnder the Exchequer seale, reciting the said assurance of 3 Eliz. and that the said debt was then fully paid.

Henry Isley 19 Eliz. was indicted for fiue Robberies committed 17 Eliz. and obtained his pardon 30 May 20 Eliz. of them and of all Outlawries then or after to be promulged for the same: and after his said fathers death, entred as his Sonne and heire, enioyed the Lands, and was during his life esteemed the true owner of them.

25 Feb. 41 Eliz. Henry Isley made his last Will in writing, thereby deuising the said Manor of Sundrish to Iane his wife and her heires for paiment of his debts, and for portions for Vr­sula and Ʋna his reputed daughters, and dyed in possession of the said Manor. Iane entered thereinto and intermarried with William Meysey Esquire, and they for performance of the said Will, conueyed the said Manor to Williom Harlow in fee, who re-conueyed it to William Meysey and Robert Herle, and to the heires of Meysey, who for valuable consideration in mo­ney got assurances from Reginald Peckham (Sonne and heire of Anne) and from Katherine Beeseley two of the sisters and coheires of the said Henry Isley, of all their right in that Manor.

Afterwards Hugh Browker the Petitioners Father for 2040^l. purchased the same Manor of Meysey and Herle, not knowing of the said absolute release of 8 Febr. 14 Eliz. but being onely made acquainted with the other assurances of 3 Eliz. Guilfords Lease, and with the Act of 18. of Eliz. And was also acquainted onely with the said Pardon, and not with any the subsequent Outlawries. Hereupon, in confidence of the Title, the said Hugh Browker and the Petitioner haue bestowed aboue 2000^l. more in building vpon the Manor. And the Pe­titioner then very yong, was vpon the death and discent of the said Manor of and from his said Father many [...] his late Maiesty for the same Manor.

That the Petitioner after his full age was enforced to compound with one Michael Blackwell another of Henry Isleys Coheires for his title to a ninth part of the said Manor, for which (in respect of the tenure) Henry Isleyes Will proued void, and vpon that composition paid him 270^l. and had from him a Fine, with other assurances with Couenants for further assu­rance. Wherein one William Wise a Councellor at Law was of Councell with Blackwell (as formerly he had beene in his other suit against the Petitioner) and was priuy to the compositi­on and paiment of the said 270^l.

That before this composition and paiment, Wise (solliciting Blackwels said former suit against the Petitioner) had vpon search discouered the said absolute release of 8 Feb. 14 Eliz. and fiue seueral Outlawries of Henry Isley vpon the robberies aforesaid returned into the Kings Bench, & pronounced about 3 months after his pardon, & thereupon had drawn Michaell Olds­worth Esquire to procure a Patent of concealement dated 26 August. 22. Iat. whereby the said Manor of Sundrish with all the arrerages then incurred, were granted to George Fouch and Nicholas Streete and their heires in trust for Michael Oldsworth, which Patent Wise knew to be passed the great Seale long before the Petitioners said Composition with Blackwell, but yet concealed it till the said 270^l. was paid.

Wise, presently after paiment of the said 270^l. aduised Master Oldsworth to make entries vpon this Manor, and to bring an eiectione firme thereupon in the Exchequer, where, vpon the Tryall he produced the absolute Release (neuer before then heard of by the Petitioner) alleadging the same to haue beene made for the benefit of the Crowne onely, and not for any the ends or vses before mentioned, and thereupon had Verdict and Iudgement with a Cesset executie, till further examination of the cause.

And Wise knowing the said Outlawries to haue beene both subsequent to the Pardon, and in themselues apparantly erronious, and for those errors easily reuersable: for preuention thereof Master Oldsworth by his aduise hath procured Releases to the Patentees from Reginald Peckham (the foresaid Reginald Peckhams sonne and heire) contrary to his Fathers assuran­ces and agreement, and from Michael Blackwell, contrary to his owne composition and assurances aforesaid: and also Releases to his Maiesty from them, as heires to Henry Isley of all errors in the said Outlawries (the said Katherine Beeseley being dead without issue) and the said Blackwell since his said Composition, by the aduise of the said Wise, tooke letters of Ad­ministration of the goods of Henry Isley not administred by Iane his Executrix deceased: and the said Blackwell as Administrator hath made other Releases of errors to his Maiesty, without any other consideration then to preiudice the Petitioner, the said Blackwell being a suiter to his Maiesty to accept those releases, whereby the Petitioner in point of priuity is dis­abled to bring writs of Error either in the heires name, or as Administrator.

That his Maiesty was graciously pleased to giue way to the Petioners prosecution of writs of error as terretenant, who to his excessiue charge sued out 5. seuerall writs of error, and them prosecuted in the Kings Bench. But Master Oldsworth by aduise of Wise, hath brought 5. seuerall writs vnder the great seale to command stay of further prosecution rege in consulto.

That howsoeuer a pretence be made of his Maiesties profit by an increase of 20^l. yearly rent in the said Patent, yet no part therof hath beene euer paid, nor is it put in charge. But Wise for Master Oldsworth vpon tender of composition, hath offred to procure a discharge of that rent, so, as it is intended onely for their owne priuate ends, not really for his Maiesties profit.

That the Petitioner by the extreame charge of these suits is like to be impouerished, and by doubt in Law whether a Terretenant may maintaine a Writ of Error, is in danger vniust­ly to be disherited.

For preuention whereof, and discharge of the trust reposed in the Crown by Willi. Isley. It is humbly prayed, it may be declared, adiudged & enacted, that the said late Queene by the true meaning of the said release, was to take no other benefit thereby then onely for satisfaction of the arrere of the said installed debt, being 2600^l. and that after satisfaction of the said 2600^l. then William Isley and his heires and assignes might haue and enioy the said Manors, any thing in the said release to the contrary notwithstanding. And that the Outlawries shall be holden void both in regard of the Pardon aforesaid, and for the apparant errors therein, and that the Petitioner and his heires may enioy the said Manor of Sundrish against the Pa­tentees, Reginald Peckham, Michael Blackwell, and Master Oldsworth, and euery of them, and all claiming vnder them; and also against his Maiestie, his heires and successours claiming onely by the said absolute Release and attainders, and that no execution shall be had vpon the said Iudgement in the Exchequer. With a sauing to his Maiesty of all right, except by the said absolute release and other assurances of William Isley, made for securing the said enstalled debt, and except by the attainders by the said Outlawries. And with a sauing of right to all others except the Patentees, Peckam, Blackwell, and Oldsworth, and all claiming by or vnder them.