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A62829 To the supream authority of the nation the Parliament of the common-wealth of England the humble petition of Mary Countess of Sterling, and John Blount her husband. Stirling, Mary Vanlore Alexander, Countess of, d. ca. 1660.; Blount, John. 1654 (1654) Wing T1730A; ESTC R22329 13,652 8

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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
have been paid in that very Moneth where in the Lady Powel died 't is evident to every man for what cause Sir Edw. Powel and Mr. Hinson his kinsman have been so assistant to M. Levingston to get that estate which Sir Edward and M. Hinson were debtors to and M. Levingston hath power to release if his Deeds thus gained shall be upheld And the Petitioners do observe that M. Levingston and his wife would fain insinuate a scandal and stick some oblequie upon that dead Ladies reputation who living as they would have the world believe obliged them with the guift of her whole estate But truth will out and were M. Levingston and his wife conscious to themselvs that the lady Powel had really intended her estate to them the Petitioners believe they would in modesty and common gratitude have forborn to have hinted that reproach and scandal to her who being in her grave cannot now make answer for her self And lastly the Complainants say That all the English Histories and Records cannot parallel this transcendent practice whereby the estate in question is gotten from them and that they have hitherto pursued it as with Hue-and Cry and shall give a more particular account of it hereafter this being but minutes of it and in haste The Progress of the Fines These several Fines were acknowledged the 18th day of September 1651. The Several Writs of Covenant sued forth for the passing of these Fines are all antedated and bear teste the 30th day of May 1651 and made Returnable Tres Trinitatis following which is the 16th day of June The Dedimu● Potestatem to enable the Judge to take these Fines in sued forth after the acknowledgement of them and antedated and made to bear date the 31th of May 1651 Returnable Tyes Trinitatis as aforesaid So that the return of this antedated Commission is expired above 3 months before the acknowledgement and yet this is not Error relieve-able at Law The States Silver is entred upon Record of Trinity Term 1651 near four moneths before the acknowledgment but in truth was not entred until the 24th day of September 1651. It is Endorsed upon the foot of the Fines that the first Proclamations were made the 18th day of June in Trinity Term 1651 according to the Form of the Statute Which is a meer falsehood impossibility and contrary to the Statute The whole Transaction of these Fines from the beginning to the end was acted and done within 11 days all out of Terme to wit between the 17th day of September and the 29th day of the same moneth to fore-close the Court of Common-Pleas that it might not be in their power to relieve the Petitioners upon Complaint which they made to the Court upon the first day of the next ensuing Term FINIS * Rom. 4. 25. Where there is no Law there is no Transgression Romans 3. 20. By the Law is the knowledge of Sinne Romans 7. 7. I had not known sin but by the Law * The wisdom and care of the Parliament in their late constitution of the Committee for Petitions provided against the confounding the Legislative power with the jurisdictive limited them to receive such Petitions onely for the Parliament as are proper to the legislative power or not relievable elsewhere * Mr. Vandenbemde was offered by Mr. Levingston a year before to be of this Plot and to have share of the benefit but he refused it * Judge Atkins said in open Court it sounded ill in his ears here that it would found worse in Parliament and worse in the high Court of Heaven * Mr. Levingston by agreement with Mr. Vandenbemde is to have 4 years profits of Mr. Vandenbemde's share of the land 's in question to bear his charges against the Petitioners Complaint in Parliament