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.
      
       
         This text is an enriched version of the TCP digital transcription A62829 of text R22329 in the  English Short Title Catalog (Wing T1730A). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
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         A62829
         Wing T1730A
         ESTC R22329
         12264523
         ocm 12264523
         57954
         
           
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         Images scanned from microfilm: (Early English books, 1641-1700 ; 880:10)
      
       
         
           
             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.
          
           8 p.
           
             s.n.,
             [London? :
             1654]
          
           
             Reproduction of original in Huntington Library.
             Caption title.
          
        
      
    
     
       
         eng
      
       
         
           Great Britain -- History -- Puritan Revolution, 1642-1660.
        
      
    
       A62829  R22329  (Wing T1730A).  civilwar no To the supream authority of the nation the Parliament of the Common-Wealth of England. The humble petition of Mary Countess of Sterling, and Stirling, Mary Vanlore Alexander, Countess of 1654    7578 5 0 0 0 0 0 7 B  The  rate of 7 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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           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
           〈◊〉
           〈◊〉
           Zin●●●
           ,
           
             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
           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
             said
             Lady
             during
             the
             said
             force
             ,
             a
             little
             before
             she
             died
             ,
             to
             the
             use
             of
             Sr
             
               Edw.
               Powel
               ,
            
             and
             Mrs.
             
               Levingston
               ,
            
             whom
             she
             utterly
             detested
             .
          
           
             And
             they
             say
             that
             Mrs.
             
               Levingston
            
             endeavoured
             to
             gain
             the
             said
             Estate
             by
             several
             other
             transcendent
             wicked
             practices
             ;
             to
             the
             amazement
             of
             such
             as
             heard
             the
             Evidence
             of
             them
             before
             the
             Honourable
             Committee
             for
             Petitions
             .
          
        
         
           
             
               Answers
               to
            
             Mr
             Levingston's
             
               Objections
               in
               the
               said
               printed
               Paper
               contained
               .
            
          
           
             AS
             to
             the
             Defendants
             pretence
             that
             the
             force
             was
             not
             found
             by
             the
             Jury
             upon
             the
             place
             ,
             it
             is
             truth
             ,
             that
             upon
             an
             Indictment
             of
             forcible
             entry
             ,
             grounded
             upon
             the
             Statute
             of
             8
             
               H.
            
             6.
             the
             Jury
             did
             not
             upon
             the
             Evidence
             then
             given
             find
             a
             forcible
             entry
             within
             that
             Statute
             ;
             but
             the
             
               Defendants
            
             themselves
             well
             know
             ,
             and
             their
             Councel
             did
             then
             confess
             ,
             
               that
               a
               foul
               force
               was
               fully
               proved
               ;
               but
               the
               title
               of
               the
               house
               in
               Chelsey
               into
               which
               they
               riotously
               entred
               was
               not
               then
               proved
               to
               be
               in
               any
               of
               the
               Prosecutors
               ,
               by
               reason
               that
               the
               Deed
               of
               the
               Title
               to
               the
               house
               could
               not
               then
               be
               had
               (
               but
               it
               is
               since
               found
               )
               and
               the
               want
               of
               that
               Deed
               ,
               at
               that
               time
               ,
               was
               the
               onely
               cause
               why
               the
               forcible
               entry
               within
               that
               Statute
               was
               not
               found
               ;
               although
               a
               foul
               force
               otherwise
               was
               fully
               proved
               ,
               and
               by
               themselves
               could
               not
               be
               denied
               ,
               and
               is
               since
               also
               found
               by
               Verdict
               against
               the
               said
               Confederates
               in
               the
               Vpper
               Bench
               before
               the
               Lord
               chief
               Justice
            
             Roll.
             
          
           
             Secondly
             ,
             the
             
               Petitioners
            
             complain
             not
             onely
             of
             antidating
             Writs
             ,
             (
             which
             the
             printed
             
               Year-book
            
             of
             1
             
               H.
            
             7.
             
               fol.
            
             9
             disallowes
             )
             but
             of
             making
             the
             Fines
             (
             supposed
             to
             be
             acknowledged
             the
             18.
             of
             
               September
               )
               Records
               of
               Trinity
               Term
            
             (
             neer
             four
             Months
             before
             the
             acknowledgment
             of
             them
             ,
             to
             prevent
             the
             
               Petitioners
            
             of
             all
             relief
             in
             any
             
               inferior
               Court
               .
            
             And
             the
             first
             of
             the
             
               Proclamations
            
             upon
             the
             said
             Fines
             is
             entred
             upon
             
               Record
            
             as
             made
             of
             
               Trinity
               Term
            
             also
             ,
             against
             all
             truth
             and
             sense
             ,
             and
             contrary
             to
             the
             Act
             of
             
               Parl
            
             made
             4
             
               H.
            
             7.
             for
             bar
             by
             Fine
             ,
             and
             5
             years
             non-claim
             (
             the
             practice
             of
             which
             false
             
               recording
               of
               Proclamations
            
             upon
             Fines
             is
             dangerous
             to
             all
             mens
             estates
             )
             and
             the
             
               Petitioners
            
             are
             advised
             ,
             
               That
               the
               false
               recording
               of
               Fines
               so
               late
               acknowledged
               in
               Sept.
               to
               be
               made
               Fines
               of
               Trinity
               term
               before
               ,
               is
               not
               warranted
               by
               ancient
               course
               ,
               or
               usual
               presidents
               (
               if
               it
               be
               )
               they
               expect
               the
               Records
               [
               to
               warrant
               such
               course
               ]
               should
               be
               produced
               by
               the
               Defendants
               ;
            
             And
             the
             Petitioners
             say
             ,
             
               That
               it
               is
               also
               contrary
               to
               the
               Act
               of
               Parliament
               made
               in
               the
            
             23
             
               of
               Queen
            
             Eliz.
             
               against
               false
               practice
               ,
               and
               deceits
               in
               Fines
               ,
               it
               being
               to
               little
               purpose
               for
               that
               Statute
               ,
               so
               carefully
               to
               provide
               that
               the
               day
               of
               the
               acknowledgment
               of
               the
               Fine
               be
               certified
               ;
               and
               yet
               to
               suffer
               a
               Clerk
               [
               contrary
               to
               the
               truth
               of
               that
               Certificate
               ]
               to
               record
               the
               Fine
               as
               acknowledged
               neer
            
             4
             
               moneths
               before
               the
               same
               is
               certified
               ,
               and
               confessed
               to
               be
               acknowledged
               ;
               And
               that
               if
               this
               course
               of
               false
               recording
               fines
               and
               proclamations
               thereupon
               shall
               be
               admitted
               ,
               it
               will
               then
               be
               in
               the
               power
               of
               a
               Clerk
               of
               the
               Common-Pleas
               ,
               to
               deceive
               any
               Purchaser
               of
               the
               Land
               he
               hath
               bought
               and
               paid
               for
               ,
               and
               to
               praeclude
               the
               rightful
               Owner
               of
               the
               full
               time
               allowed
               him
               by
               law
               ,
               to
               make
               his
               just
               claim
               to
               save
               his
               Inheritance
               ;
               and
               indeed
               it
               will
               prove
               the
               greatest
               Cheat
               in
               the
               Land
               :
               for
               when
               a
               Purchaser
               hath
               taken
               his
               Assurance
               by
               Feoffment
               or
               Deed
               inrolled
               ,
               and
               paid
               his
               money
               ,
               he
               shall
               notwithstanding
               have
               his
               Assurance
               over-reached
               by
               a
               false
               antidated
               fine
               to
               another
               person
               ;
               nay
               ,
               one
               Fine
               shall
               over-reach
               and
               out-strip
               another
               .
            
          
           
             The
             Complainants
             do
             also
             say
             ,
             
               That
               the
               vacuating
               of
               these
               Fines
               shakes
               no
               mans
               Title
               or
               Assurances
               ,
               but
               such
               as
               are
               built
               upon
               so
               foul
               a
               practice
               ,
               which
               the
               Complainants
               say
               there
               never
               was
               ;
               and
               therefore
               no
               man
               else
               in
               danger
               .
            
          
           
             To
             that
             part
             of
             the
             Objection
             ,
             
               That
               if
               this
               course
               of
               recording
               Fines
               of
               the
               Term
               before
               be
               not
               admitted
               ,
               no
               man
               can
               make
               a
               perfect
               purchase
               in
               vacation
               ;
            
             We
             answer
             ,
             
               That
               the
               Purchaser
               may
               keep
               his
               money
               until
               his
               Assurance
               be
               perfected
               ,
               which
               is
               without
               mischief
               to
               either
               party
               ;
               however
               ,
               of
               evils
               the
               greatest
               is
               most
               to
               be
               avoided
               ;
               and
               that
               is
               the
               danger
               of
               deceit
               to
               all
               Purchasers
               ,
               by
               the
               allowance
               of
               this
               course
               of
               antidating
               Fines
               .
            
          
           
             Secondly
             ,
             
               We
               say
               the
               Purchaser
               may
               have
               a
               good
               assurance
               by
               Fine
               acknowledged
               in
               vacation
               ;
               and
               the
               States
               silver
               being
               entred
               ,
               it
               will
               be
               a
               good
               fine
               of
               the
               ensuing
               Term
               ,
               though
               the
               party
               die
               ;
               and
               where
               acknowledgments
               of
               fines
               have
               been
               so
               late
               in
               a
               long
               vacation
               ,
               the
               use
               hath
               been
               to
               make
               them
               fines
               of
               the
               ensuing
               Term
               ;
               and
               if
               it
               had
               been
               so
               done
               in
               this
               Case
               the
               Court
               of
               Common-Pleas
               (
               finding
               a
               prastice
               )
               might
               then
               have
               stopped
               the
               fines
               which
               by
               this
               course
               (
               the
               Cyrographs
               being
               made
               up
               as
               of
               the
               Term
               before
               )
               was
               prevented
               :
            
             And
             't
             is
             to
             be
             observed
             ,
             that
             the
             
               Complainants
            
             complain
             not
             alone
             ,
             because
             the
             writs
             were
             antidated
             ;
             but
             as
             they
             were
             antidated
             by
             practice
             .
          
           
             Also
             ,
             whether
             the
             Lady
             
               Powel
            
             acknowledged
             these
             Fines
             ,
             or
             not
             ,
             appears
             not
             to
             the
             
               Complainants
               ;
            
             for
             the
             
               Confederates
            
             had
             excluded
             all
             but
             themselves
             :
             And
             the
             Judge
             declared
             in
             Court
             ,
             and
             elsewhere
             ,
             
               that
               he
               never
               saw
               the
               Lady
            
             Powel
             
               before
               ;
            
             and
             if
             a
             Judge
             (
             as
             't
             is
             possible
             he
             may
             )
             take
             a
             Fine
             ,
             either
             by
             force
             ,
             or
             of
             a
             supposititions
             person
             ,
             these
             Fines
             are
             binding
             by
             the
             Commonlaws
             
             of
             
               England
               ,
            
             and
             cannot
             be
             avoided
             but
             in
             
               Parliament
               ;
            
             for
             that
             by
             the
             common
             law
             no
             averment
             lies
             against
             a
             Fine
             of
             Record
             ,
             how
             untrue
             soever
             .
             And
             the
             truth
             is
             ,
             the
             Judges
             
               *
            
             vehemently
             exclaimed
             against
             so
             much
             of
             this
             practice
             ,
             as
             then
             was
             made
             appear
             unto
             them
             (
             for
             much
             more
             hath
             been
             discovered
             by
             their
             own
             Confederates
             since
             )
             and
             the
             Judges
             did
             not
             deny
             to
             vacuate
             the
             said
             Fines
             ,
             as
             unsatisfied
             with
             the
             practice
             ,
             but
             as
             conceiving
             it
             beyond
             their
             power
             to
             give
             relief
             ;
             because
             the
             States
             silver
             being
             entred
             ,
             and
             the
             Cyrographs
             made
             up
             in
             haste
             to
             compleat
             the
             practice
             before
             the
             Term
             began
             ,
             the
             Fines
             were
             thereby
             become
             perfect
             Fines
             pleadable
             at
             Law
             ;
             and
             not
             to
             be
             nullified
             but
             in
             
               Parliament
               ;
            
             which
             the
             Judges
             openly
             declared
             they
             believed
             would
             give
             remedy
             .
          
           
             The
             4th
             Objection
             that
             the
             Petitioners
             ought
             now
             to
             complain
             of
             the
             Court
             of
             Common-pleas
             ,
             is
             answered
             in
             the
             Answer
             to
             the
             last
             Objection
             before
             ;
             onely
             this
             is
             observable
             ,
             that
             Mr.
             
               Levingston
            
             would
             fain
             have
             the
             Petitioners
             complain
             of
             the
             Court
             of
             Common-pleas
             ,
             that
             he
             might
             find
             subterfuge
             under
             them
             ,
             and
             his
             offence
             impunity
             ,
             by
             involving
             the
             Court
             in
             participation
             of
             the
             Crime
             ,
             whereas
             the
             Judges
             themselves
             declared
             the
             Petitioners
             relief
             to
             be
             in
             Parliament
             only
             .
          
           
             As
             to
             the
             fifth
             Objection
             ,
             that
             the
             Petitioners
             are
             relievable
             in
             the
             inferior
             Courts
             ,
             and
             therefore
             ought
             not
             to
             sue
             to
             Parliament
             for
             relief
             ,
             We
             answer
             ,
             It
             is
             true
             ,
             Chancery
             hath
             in
             some
             Cases
             made
             Decrees
             against
             Estates
             gained
             by
             practice
             ;
             but
             these
             Decrees
             bind
             onely
             the
             persons
             ,
             and
             work
             not
             upon
             the
             title
             or
             interest
             of
             the
             land
             ;
             nor
             can
             that
             Court
             punish
             the
             Offenders
             :
             and
             the
             Petitioners
             are
             not
             willing
             to
             follow
             Mr.
             
             
               Levingstons
            
             person
             for
             their
             Inheritance
             ,
             not
             knowing
             whether
             he
             may
             resolve
             to
             go
             ,
             or
             abide
             imprisonment
             ,
             in
             case
             Chancery
             should
             order
             him
             to
             reconvey
             .
             They
             say
             also
             ,
             that
             Chancery
             cannot
             make
             a
             good
             Title
             of
             these
             lands
             to
             the
             Petitioners
             ;
             nor
             will
             any
             man
             deal
             with
             them
             for
             their
             interest
             in
             the
             land
             upon
             a
             Decree
             in
             Chancery
             ,
             should
             the
             Petitioners
             have
             need
             (
             as
             indeed
             they
             well
             may
             have
             )
             to
             mortgage
             ,
             sell
             ,
             or
             settle
             them
             ;
             for
             the
             truth
             is
             ,
             no
             Court
             but
             Parliament
             can
             vacuate
             Fines
             inrolled
             of
             Record
             ,
             though
             gotten
             by
             practice
             ;
             and
             that
             was
             agreed
             in
             Star-chamber
             12
             
               Jac.
            
             by
             the
             then
             Lord
             Chancellor
             
               Egerton
               ,
            
             and
             all
             the
             chief
             Judges
             of
             
               England
               .
            
             And
             that
             Fines
             are
             only
             to
             be
             vacated
             in
             Parliament
             Mr.
             
               Levingston
            
             well
             knew
             (
             whatever
             he
             pretends
             )
             when
             he
             made
             his
             Agreement
             with
             Mr
             
               Vandenbemde
            
             (
             one
             other
             of
             the
             dis-inherited
             Grandchildren
             )
             to
             give
             him
             his
             share
             of
             the
             lands
             in
             question
             ,
             gotten
             from
             him
             by
             this
             practice
             
               *
            
             ;
             for
             by
             the
             Articles
             betwixt
             them
             ,
             Mr
             
               Levingston
            
             provided
             to
             defend
             himself
             against
             your
             Petitioners
             Complaint
             in
             
               Parliament
            
             at
             Mr.
             
             
               Vandenbemdes
            
             costs
             and
             charges
             ;
             which
             shews
             ,
             Mr
             
               Levingston
            
             knew
             and
             expected
             that
             your
             Petitioners
             must
             and
             would
             come
             to
             Parliament
             for
             relief
             .
          
           
             As
             to
             Mr
             
               Levingston's
            
             Objection
             ,
             Why
             Parliament
             should
             not
             intermeddle
             herein
             ;
             because
             his
             offence
             is
             either
             against
             Common
             law
             ,
             Statute
             law
             ,
             or
             Rules
             of
             Equity
             ;
             and
             therefore
             he
             onely
             to
             be
             censured
             by
             Common
             law
             ,
             Statute
             law
             ,
             or
             Court
             of
             Equity
             ,
             We
             answer
             ,
             That
             all
             fraud
             is
             against
             the
             common
             law
             ;
             and
             that
             his
             false
             Antidates
             ,
             and
             recording
             of
             his
             Fines
             and
             Proclamations
             thereupon
             are
             against
             two
             Statute
             laws
             ;
             the
             one
             of
             4.
             
               H.
            
             7.
             and
             the
             other
             ,
             23
             
               Eliz.
            
             before
             mentioned
             ;
             and
             all
             his
             whole
             action
             is
             against
             the
             Rules
             of
             good
             Conscience
             ,
             in
             that
             ,
             Mr
             
               Levinstgon
            
             being
             a
             person
             of
             a
             gainful
             profession
             ,
             and
             having
             at
             present
             an
             estate
             in
             land
             of
             600
             
               l.
            
             yearly
             ,
             by
             the
             guift
             of
             your
             Petitioners
             Grandfather
             (
             besides
             the
             land
             in
             question
             ,
             )
             of
             part
             of
             which
             he
             also
             was
             to
             have
             a
             share
             )
             and
             having
             no
             child
             himself
             ,
             should
             yet
             by
             so
             foul
             a
             practice
             go
             about
             to
             dis-inherit
             the
             Petitioners
             (
             three
             whereof
             are
             the
             mothers
             of
             19
             children
             )
             of
             the
             best
             part
             of
             their
             livelyhood
             ,
             to
             maintain
             themselves
             ,
             and
             them
             :
             But
             we
             say
             ,
             as
             before
             ,
             no
             Court
             can
             vacuate
             a
             recorded
             Fine
             ,
             but
             Parliament
             ;
             how
             transcendent
             soever
             the
             Crime
             in
             obtaining
             of
             it
             be
             ;
             and
             therefore
             we
             appeal
             to
             Parliament
             to
             do
             it
             ,
             and
             to
             punish
             the
             offence
             :
             For
             when
             a
             Lawyer
             shall
             so
             notoriously
             practice
             to
             violate
             the
             Laws
             ,
             and
             all
             Rules
             of
             Equity
             ,
             and
             good
             Conscience
             ,
             his
             Knowledge
             ought
             to
             aggravate
             his
             Crime
             .
             And
             by
             the
             Argument
             of
             Mr
             
               Levingston
               ,
            
             the
             Parliament
             should
             have
             no
             power
             to
             punish
             any
             offence
             at
             all
             ;
             for
             all
             Offences
             are
             either
             against
             common
             law
             ,
             Statute
             law
             ,
             or
             good
             Conscience
             ;
             And
             therfore
             by
             this
             Rule
             all
             Crimes
             must
             be
             censured
             and
             punished
             by
             the
             Courts
             below
             ;
             and
             Parliament
             should
             have
             no
             jurisdiction
             over
             any
             Crime
             at
             all
             ;
             which
             ,
             how
             abhorrent
             from
             Reason
             ,
             and
             contrary
             to
             Experience
             it
             is
             ,
             let
             all
             men
             judge
             that
             understand
             any
             thing
             at
             all
             ,
             what
             the
             power
             or
             course
             of
             Parliament
             is
             .
          
           
             And
             the
             
               Complainants
            
             observe
             ,
             that
             M.
             
               Levingston
            
             doth
             very
             wisely
             desire
             to
             be
             judged
             in
             
               Chancery
               ;
            
             for
             that
             ,
             
               Chancery
            
             cannot
             vacate
             the
             Fines
             ,
             nor
             punish
             his
             offence
             ,
             how
             transcendent
             soever
             it
             shall
             appear
             to
             be
             .
          
           
             But
             we
             say
             ,
             it
             is
             the
             proper
             work
             of
             Parliament
             to
             relieve
             where
             the
             inferior
             Courts
             cannot
             ,
             and
             the
             inferior
             Courts
             cannot
             nullifie
             a
             fine
             ;
             therefore
             ,
             Parliament
             must
             ,
             otherwise
             there
             will
             be
             a
             failer
             of
             power
             to
             do
             justice
             ;
             And
             it
             is
             manifest
             ,
             where
             great
             frauds
             or
             force
             have
             appeared
             to
             the
             Parliament
             ,
             it
             hath
             been
             usual
             for
             them
             to
             give
             a
             remedy
             where
             there
             was
             none
             before
             ;
             and
             a
             more
             full
             ,
             or
             more
             speedy
             remedy
             ,
             where
             there
             was
             remedy
             by
             law
             before
             ,
             especially
             in
             matter
             of
             complaint
             of
             complicated
             nature
             (
             as
             this
             is
             )
             where
             both
             the
             Civil
             Title
             ,
             and
             matter
             Criminal
             ,
             is
             in
             question
             before
             them
             .
          
           
           
             And
             we
             say
             ,
             That
             
               Fines
               ,
               Recognizances
            
             inrol●ed
             ,
             and
             
               Conveyances
            
             gotten
             by
             practice
             ,
             or
             duresse
             ,
             have
             been
             complained
             of
             ,
             and
             vacuated
             in
             
               Parliament
               ;
            
             and
             that
             shall
             be
             made
             manifest
             by
             examples
             ,
             if
             it
             be
             denied
             .
          
           
             As
             to
             the
             consideration
             offered
             ,
             
               Why
               the
               Deeds
               should
               not
               be
               produced
               to
               the
               honorable
               Committee
               before
               the
               Crime
               be
               examined
               ,
            
             We
             answer
             ,
             That
             the
             fight
             of
             the
             Deeds
             would
             more
             clearly
             manifest
             the
             practice
             ,
             
               by
               comparing
               the
            
             Ladies
             
               Seal
               and
               hand-writing
               ,
               and
               the
               names
               of
               the
               Witnesses
               endorseder
               subscribed
               ;
            
             and
             more
             especially
             in
             this
             Case
             is
             it
             necessary
             ,
             that
             all
             Deeds
             be
             produced
             ,
             and
             publikely
             perused
             ,
             because
             the
             
               Petitioners
            
             have
             reason
             to
             believe
             ,
             that
             M.
             
               Levingston
            
             hath
             in
             the
             Deeds
             (
             whereby
             he
             claimes
             the
             personal
             estate
             )
             contrived
             great
             guists
             and
             bequests
             to
             some
             persons
             whom
             he
             intends
             to
             produce
             as
             Witnesses
             for
             him
             to
             prove
             the
             Deeds
             for
             the
             land
             ;
             and
             so
             Witnesses
             that
             swear
             for
             their
             own
             benefit
             shall
             not
             be
             detected
             for
             want
             of
             sight
             of
             all
             Deeds
             ;
             Nor
             is
             this
             Order
             of
             the
             honourable
             Committee
             to
             compel
             him
             to
             being
             in
             his
             Deeds
             more
             then
             necessity
             to
             discover
             the
             practice
             requires
             ;
             nor
             more
             then
             
               Chancery
            
             and
             other
             Courts
             use
             to
             do
             in
             matters
             of
             complaint
             of
             fraud
             and
             practice
             ,
             and
             many
             other
             Cases
             .
          
           
             As
             to
             so
             much
             of
             Mr.
             
             
               Levingstons
               Considerations
            
             as
             concerns
             the
             means
             ,
             occasion
             ,
             or
             procurement
             of
             the
             
               Petitioners
               Complaint
               ,
            
             they
             deny
             ,
             That
             they
             complain
             by
             any
             other
             means
             or
             procurement
             ,
             then
             their
             own
             ,
             and
             for
             their
             own
             Inheritance
             ,
             Estate
             ,
             &
             Right
             ;
             and
             they
             recriminate
             his
             charge
             of
             malice
             and
             falshood
             upon
             himself
             ,
             he
             having
             lately
             had
             three
             of
             his
             Witnesses
             convict
             of
             perjury
             in
             the
             Upper-Bench
             before
             the
             Lord
             chief
             Justice
             
               Roll
               ,
            
             and
             two
             others
             of
             them
             indicted
             ,
             and
             to
             be
             tried
             for
             perjury
             the
             next
             Term
             ,
             in
             other
             Causes
             that
             have
             issued
             from
             these
             practices
             .
          
           
             And
             that
             the
             
               Defendant
            
             Mr
             
               Levingston
            
             did
             heretofore
             offer
             to
             one
             
               Dowthwait
            
             a
             reward
             of
             50
             
               l.
            
             value
             to
             swear
             your
             
               Petitioners
            
             out
             of
             other
             part
             of
             their
             
               inheritance
            
             [
             to
             the
             value
             of
             500
             
               l.
            
             yearly
             ]
             is
             sworn
             by
             
               Douthwait
            
             himself
             upon
             his
             
               Examination
               in
               Chancery
               in
               another
               Case
               .
            
          
           
             And
             the
             Petitioners
             do
             aver
             ,
             
               That
               they
               ●omplein
               as
               well
               for
               the
               personal
               estate
               ,
               as
               real
               ,
               (
               being
               both
               unduly
               gotten
               from
               them
               by
            
             M.
             Levingston
             ,
             
               and
               his
               wife
               )
               and
               when
               by
               Justice
               of
               Parliament
               the
               petitioners
               shal
               have
               set
               aside
            
             M.
             Levingstons
             
               pretended
               Deeds
               ,
               the
               petitioners
               (
               being
               Heirs
               ,
               and
               next
               of
               kin
               to
               the
            
             Lady
             Powel
             
               shal
               then
               be
               ready
               [
               as
               occasion
               serves
               ]
               to
               say
               as
               much
               truth
               against
            
             Mr.
             
             Cromptons
             
               title
               to
               the
               personal
               estate
               ,
               (
               if
               he
               shall
               then
               make
               any
               )
               as
            
             Mr.
             Levingston
             
               shal
               say
               .
            
          
           
             
               And
               the
               Complainants
               say
               that
               they
               did
               heretofore
               in
               open
               Court
               refuse
               to
               be
               concluded
               by
               the
               reference
               proposed
               betwixt
            
             Mr.
             Levingston
             ,
             
               and
            
             Mr.
             Crompton
             
               [
               concerning
               the
               personal
               estate
               in
               question
               ]
               wherin
               one
            
             M.
             Sadler
             
               was
               named
               a
               Referree
               for
            
             Mr.
             Levingston
             .
          
           
             
               And
               the
               petitioners
               do
               affirm
               ,
               th●●
            
             Sir
             Edward
             Powel
             ,
             
               and
            
             M.
             Hinson
             ,
             
               alias
            
             Powel
             
               his
               kinsman
               being
               bound
               by
               recognizance
               of
            
             8000
             
               l.
               for
               payment
               of
            
             4000
             
               l.
               in
               trust
               to
               be
               at
               the
            
             Lady
             Powels
             
               kinsman
               as
               aforesaid
               ,
               and
               that
            
             2000
             
               l.
               part
               of
               the
               said
            
             8000
             
               l.
               being
               to
               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
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A62829e-960
           
             *
             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
             ,
          
        
         
           Notes for div A62829e-1610
           
             *
             
               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
               .