Equity when others of the same nature concerning Titles unduly gained have been and are daily tried judged and determined by them Thirdly Whether any Reasons be offered by the Plaintiffs why they are not relievable by the ordinary proceedings of law and equity if there be just cause for the same Fourthly If the Legislative power shall please in this Case to exercise the Jurisdictive power for otherwise they cannot take conusance of it * 't is humbly offered to be considered Whether it can concern them to examine the Defendant Annes Title to the said Estate by the said Fines and Deeds as is now required by the said Committee before they have tried the Defendants for their supposed offences in the undue gaining of the said Fine and Deeds For if the Defendants be not guilty of any such offences the Parliament cannot be supposed to intermeddle with the Defendant Annes Deeds or Title Now the Defendants being clear in their own consciences from any wicked practice plot or combination whereof they are falsly and maliciously accused by the means occasion and procurement of one Crump otherwise Crompton who was a mean menial servant unto the said Lady Powels husband and had indeavoured wickedly to separate the said Lady from her hushusband to her dishonour and who striveth and hopeth to gain a great personal Estate to himself by suggesting many falshoods against us the Defendants and inciting others upon such grounds to contend for the said Lady Powels real Estate We the Defendants upon the Considerations aforegoing humbly pray Either a dismission of the matters in question to the ordinary course of Justice and Equity Or otherwise if the Parliament please to take the Tryal of them unto themselves That the Defendants may be first legally tried in such manner as the Parliament shall direct for the offences whereof they are accused before their Deeds and Title to the Estate in question be called for out of their hands And your Petitioners shall pray c. AN ANSWER To a Printed Paper Entituled Some Considerations humbly proposed to the worthy Members of Parliament by Thomas Levingston Esq and Anne his Wife and William Powel otherwise Hinson Esq concerning a Petition and Complaint against them by Mary Countess of Sterlin and others now under consideration before the Honorable Committee for receiving Petitions THe Complainants first observe that the Defendants have very wisely for their own advantage mistated the Case of the Complainants for they complain of a most notorious practice of force and fraud to dis-inherit them And the Defendants in their Paper state the Case as if the Complaint were onely of force and to the fraud and practice answer not at all The true state of the Case stands thus and will be made good by these particulars The Complainants say they complain of a dis-inherison done unto them in Septemb. 1651. of lands neer 1200 l. yearly value and of a great personal estate gotten from them by wicked practises upon the late Lady Powel their fathers sister while she lay dying put in execution by the said Thomas Levingston and Anne his wife William Hinson and Sr Edward Powel since deceased and divers others their Confederates They say that Sr Edw. Powel and his Lady had lived asunder for 15 years before in implacable differences wherein the said M. Levingston and his wife and Wil. Hinson were conceived by the Lady to take part with the said sir Edward against her That sir Edward and M. Hinson were indebted to some in trust to be at the Ladies dispose the sum of 8000 l. and that by an outragious force in the said Septem. in the time of her last sickness whereof she upon the 6. of Octob. next after died in which moneth 2000 l. of the 8000 l. was payable they by confederacy violently entred into the house where the said Lady had long lived separate and then lay sick and to which the said sir Edward had no title for 't was bought with the Lady Vanlores money and conveyed in trust arresting and haling all her servants from her by one Crook then Under-Sheriff of Middlesex whom they brought with them for that purpose upon false and feigned Actions of many thousand pounds which they never prosecuted but became non-suit in That they chained bard up the doors of the said house kept it with guards of arm'd hired men with granadoes swords guns and pistols charged with bullet and ordered to do execution oblieging their confederates to fidelity by Rings of Gold given them with this Motto viz. Never to be forgotten or requited That they discharged the Ladies Apothecary and violently excluded all her kindred friends and servants that knew her many diseases and infirmities and would not admit them to sight of her saying They should never see her face more nor did they being violently kept from her by the said Force That they placed upon her a new Physitian and new servants of their own Engagement against her Will That during this force they brought Iudge Warburton who knew not the Lady Powel from London to Chelsey to take several Fines of her That they procured a strange Minister of Mr Levingstons acquaintance but unknown to the Lady Powel to be assistant to them in these practises and forbade the Doctor of the Parish an honest godly Divine to come to the house and though the Lady in her life-time desired and appointed him to preach her Funeral Sermon they forbade him to come to the Funeral and appointed a guard of their Confederates in the force to keep him out of the Pulpit at the Funeral of the Lady had he thither come and to keep in that stranger Minister who preacht the Funeral Sermon and then read some unusual Writing in justification of the Confederates That M. Hinson then was and still is a Justice of Peace of that County and he and Mrs. Levingston were always present and very active in this force managing and directing all things of and in order to it and she upon the remove of the Ladies servants cryed out The Plot hath taken the Plot hath taken and gave order to those of the force That if Mr. Vandenbemde the Ladies kinsman did but go out of the house to keep him out for that then she knew how to do her work * and therupon they got him out by a device suddenly contrived amongst them and ever after kept him out by the force and neither he nor any of the Ladies friends kindred neighbors or servants ever after saw the Lady The Complainants say this practice to gain the said estate was in the end compleated by 7 several Fines pretended to be acknowledged by the said Lady upon the 18 day of the said September during the said force and by confederacy with Clerks perfected in 11 dayes all out of Term and inrolled of Record neer 4 months before themselves confess them to be acknowledged and by colour of several Writings pretended to be executed by the
TO THE SUPREAM AUTHORITY OF THE NATION THE PARLIAMENT OF THE Common-wealth of ENGLAND The humble Petition of Mary Countes of Sterling and John Blount her husband Sr Robert Croke of Checquers in the County of Bucks Knight and Dame Susan his wife Henry 〈◊〉 〈◊〉 Zinâ—â—â— and Jacoba his wife Sackvile Glemham and Peter Glemham your Petitioners the said Countess Dame Susan Jacoba Sackvile and Peter being Grandchildren of Sir Peter Vanloore the elder and your Petitioners the said Countesse Dame Susan and Jacoba being also right Heirs of the said Sir Peter and of Dame Mary Powel late wife of Sir 〈◊〉 〈◊〉 SHEWETH THat the said Sir Peter Vanlore did in his life-time settle the Castle and Parkes of the Devises in Wilts worth 600 l. yearly and the fifth part of divers other his Mannors and Lands worth yearly 2500 l. upon the said Lady Powel and the Heires of her body And for default of such issue the reversion of the said Castle and Parks to his own right Heirs which your Petitioners the said Countess of Sterling Dame Susan and Jacoba are and entayled the fifth part of the said other Mannors and Lands upon all your Petitioners his Grandchildren and some others his Grandchildren by name and so dyed and the said Lady Powel upon the sixth day of October 1651 died without issue and your Petitioners are thereby become lawfully entituled to the said Castle Manners and lands according to the settlement of the said Sir Peter 2 That by reason of some implacable differences between the said Sir Edw. Powel and the said Lady they lived apart for about 15 years together before her death and one Thomas Levingston a Lawyer who marryed Anne Caesar one of the Grandchildren of the said Sir Peter Vanloore being conceived by the said lady to take part with the said Sir Edw. Powel against her the said lady Powel became much disaffected to and displeased with the said Tho. Levingston and his wife 3 That the said lady about Septem. 1651. being dangerously sick of the sickness whereof she soon after died at a house in Chelsey where she had long lived sole and separate and the said Sir Edw. Powel and Thomas Levingston his wife knowing the said lady had a great estate at her dispose some with and some without the consent of the said Sir Edward which they contrived to gain unto themselves by several strange unlawful practises they together with one Wil. Hinson another Lawyer and a Justice of Peace of Middlesex and neer kinsman of the said Sir Edward and to whom as 't is commonly reported he hath given all his estate and disinherited his own Brother and Heir with divers other their kinred servants and confederates did about the 7 day of the same Septem. according to a Complot betwixt them forcibly enter into the said house at Chelsey wherein the said Lady Powel then lay dying and to which the said Sir Edward had no Title and guarded and secured the same with armed men caused all the Ladies servants to be presently arrested and violently taken away by one Thomas Crook then Under Sheriff of Middlesex whom they brought with them and to be imprisoned without Bayl upon fals feigned Actions of many thousand pounds which they never prosecuted but became non-suit therein and with Guards of armed and dissolute men they chained up the Doors of the said House and in Warlike manner kept it and the neerest friends and kindred of the said Lady from her untill she died engaging their Confederates to secresie and fidelity by Rings of Gold given to them with this Motto inscribed viz. Never to be forgotten or requited and discharged the said Lady Powels Apothecary for but delivering a civil Message from some of her friends and placed a new Physitian of their own engagement and strange servants whom the Lady knew not and against her wil to attend her in her last sickness and fearing least the said Lady should make any discovery of their wicked doings from her chamber window which open'd into a neighbors ground adjoyning they forbade that Neighbour to permit any of the said Ladies friends to come inground or stand near the house 4 That having thus by force and practice secluded all but themselves they upon the 18 day of the same Septemb. brought Judge Warburton who knew not the Lady Powel from London unto the said house at Chelsey then chained up and kept guarded and then and there procured the said Lady as the said Judge certifies to levy several Fines of the said Castle Parks Mannors and lands unto one Anthony Basset which Fines as the said Complotters affirm were declared by some Writings which she shortly after sealed to the use of the said Sir Edward Powel Levingston and his wife And the said Lady Powel did about that time also as they pretend dispose a great personal Estate which was your Petitioners said Grandfathers to the said Levingston and his wife although the said Lady utterly detested them as persons of a most evill and dangerous conversation and oft times hath been heard to wish the said Anne Levingston were not of her kinred 5 That the said Confederates suspecting as they had cause the sudden death of the said Lady Powel who died thus imprisoned upon the 6 day of Octob. following might render all their plots and fines ineffectual They by practice between one Gardiner an Attorney and James Pickis a Cursistor procured several Writs for passing the said Fines to be made out antedated in Easter Term before and made returnable in Trinity Term next after and to deprive your Petitioners of all possibility of redress caused the same Fines to inrolled of Record as acknowledged and levyed in Trinity Term four moneths before they were acknowledged and contrary to the true intent of the Statute made in the 23 year of the Reign of the late Qu-Eliz and the practice so dangerous if admitted as tendeth to the deceiving of all such as shall purchase or deal for any lands and to establish wickedness by a law 6 That yet doubting all these plots would not hold wickedness filling them with fear of discovery they procured a sequestred Parson to certifie under his hand that the said Lady Powel was reconciled to the said Sir Edward and had received the Sacrament of the Supper and procured a paper under the said Ladies hand to signifie her well pleasedness although upon or neer that very day that paper was subscribed the said Lady Powel did publikeby rebuke the said Mrs. Levingston and affirm That their plot was to disinherit the right Heirs of the lands but that she would be torn in pieces with wild horses before she would do it And the said Certificates are things so altogether unusual and full of suspition that the Judges of the Common-pleas in dislike thereof did publikely in open Court tell the said Levingston that he had over-acted his part therein 7 That the Petitioners so soon as they possibly could complained of the
said wrong to the Court of Common-pleas where the chief Justice thereof did openly affirm That he knew not what was force and fraud if these Actions of the said Confederates were not and Judge Puliston and Judge Atkins two of the other Judges did also in open Court several times earnestly expresse themselves against the foulnesse of the said Levingstons practice in obtaining the said Fines but said it was past their power to relieve your Petitioners but there was a Parliament then sitting that could and they believed would relieve them 8 That your petitioners have for the space of a year and half addrest themselves to the late Parliament for relief which was so far sensible of the foulness of the Crime That they caused it particularly to be excepted out of the Act of General pardon but never found leisure-time for the hearing thereof or giving your petitioners relief or to provide for prevention of like wickedness for the future Your petitioners believing That God hath sitted you with Spirits to relieve against Oppression and to do and act righteousness Humbly beseech you to vouchsafe a Hearing to your petitioners Complaint and to afford them such relief That the said Fines and Deeds so unduly obtained may be produced and vacated Offenders punished and like wickedness for the future by some good law prevented And as they now do so they shall continue to pray that the Spirit of Wisdom Councel and the fear of the Lord may rest upon you and abide with you for his glory the good of his people establishing Righteousness in the Nation that the Calamities thereof may cease when men of publike Spirits shall stand up that date and will do justice SOME CONSIDERATIONS HUMBLY PROPOSED To the Worthy Members of Parliament By Thomas Levingston Esquire and Anne his Wife and William Powel otherwise Hinson Esquire concerning a Petition and Complainst against them by John Blount and Mary Countess of Sterling his Wife and Others now under consideration before the honorable Committee for receiving PETITIONS FIrst The matter in difference between the Plaintiffs and these Defendants is onely the Title unto the Estate lately belonging unto the Lady Powel deceased the Defendant Anne's Mothers Sister Secondly the Complaint against the Defendants is That they did wickedly force the said Lady Powel by several evil practises used upon her to settle her Estate upon her Neece the Defendant Anne and did cause a Fine to be antedated for the perfecting of the said Settlement And therefore the Plaintiffs desire the said Fine and the Defendant Anne's Deeds to be produced and vacated Whereas the Force complained of hath been legally examined and tryed For the Force complained of by the Plaintiffs is a pretended forcible Entry upon and also a forcible Detainer of the House of the said Lady Powel and that was legally tryed by a Jury upon the place where the force is supposed to be committed and no force found And the pretended antedating of the Writs for the Fine complained of is no more then the antient usual practise in levying Fines for many hundred years when any settlement is made of any Estate in the vacation time For the Writs must bear date in a Term and cannot bear date in the succeeding Term and therefore must bear date in a preceding Term And in most of the assurances and settlements made of any mens estates in England by Fines acknowledged between the Terms the Writs must bear date and be returnable the Terms foregoing and if those be not good in law most mens Titles to their Estates are void and if this were not admitted the people could not make any perfect Conveyances and Assurances of their Estates by Fines in the vacation time And as well the said pretended force and antedating of the said Writs as all other the supposed evil practises that the Plaintiffs could then suggest were examined before the Judges one of which took the said Fine in a judicial way the said Lady acknowledging to him that she did the same freely and willingly and without constraint And upon the Plaintiffs first reproachfull false suggestions they gave rules to stop further proceedings upon the said Fine But upon full hearing of both Parties with their Councel gave their Judgement that the said Fine should be proceeded in to be perfected which was done accordingly Therefore the said Complaint against the Defendants is irregular For their Complaint ought now to be against that Court of Justice who have examined and determined the Matters complained of and caused the Settlement complained against to be perfected if they have done Injustice therein and the parties ought not to be further vexed and molested when their Cause is Legally heard and judged But if the supposed evill gaining a Title to the said Estate by the Defendants be not fully examined yet it is both Examinable and Determinable in the ordinary Courts of Law and Equity And many Settlements of several Estates by Fines and Deeds have been anulled and vacated upon sufficient proof made that they have been unduely gained or procured by evill practices Yet the Honourable Committee for receiving of Petitions onely upon hearing the said Complaint against the Defendants without their Answers or Defence have required the Defendants Deeds and Evidences concerning the Defndants Annes Title to the said Estate to be produced which may be of very evil consequence that their Adversary claiming the same Estate should peruse or be advertised of their Title before any Tryal be brought upon the same The Defendants in all humility and submission offer it to consideration First Whether the Legislative Power as Legislative can try the Matters in question suggested against the Defendants For if the Defendants have evilly and wickedly gained a pretended Title to the said Estate they have transgressed either the common law * or the Statute law of the land or else they have done contrary to the Rules of good conscience and equity If either of the first the Defendants punishment for their offences will be known by the laws they have broken and it is onely the Jurisdictive power as Jurisdictve that can try the Defendants for those offences The business being no more then the Application of the laws in being to the offences done If the Defendants have done the latter that is done contrary to a good conscience and eequity in gaining the said Title then that must be tried by the known Rules of Equity known and practised in this Nation For there cannot be a particular Equity that concerneth the Defendants onely And that cannot be within the limits of the legislative power as legislative when the work is onely to measure a Fact by the Rule already in being Secondly It is humbly offered to be considered Whether any Reasons be offered by the Plaintiffs against the Defendants why the legislative power should in an extraordinary way should take this particular Controversie out of the hands of the Ordinary Courts of law and