The State of the Case in brief, between the Countess of STERLIN, and others by Petition in Parliament, Plaintiffs; and Mris LEVINGSTON, Defendant.  
THE Plaintiffs suggest that they are most wrongfully disinherited of an Estate of 1100 l. per annum, 
The substance of the Petition  which ought to have come to them at the death of the Lady Powel. And that Mrs. Levingston hath gained the whole estate of old Sir Peter Vanlore (who was her Grandfather) and the Lady Powel (who was her Aunt) to herself, by forcing the Lady Powel to levy a Fine; and by Deeds, leading the use thereof to settle it upon her. And by using evil practices to gain the affection of the said Lady; and that Mr Levingston caused the Writs to be antedated for the levying of the said Fine.  
Now it doth appear upon the examination and proofs:  
I. That old Sir Peter Vanlore had four Daughters, 
Sir Peter Vanlores issue.  and one Son.  

1. The Lady Caesar, Mistress Levingston's mother.  
2. The Lady Powel.  
3. The Lady Glemham.  
4. Mistress Vandenbemde.  
Sir Peter Vanlore the younger.   
II. That by a sufficient settlement he divided his Estate into five parts after the decease of his Son and the Lady Powel. 
The distribution of his real Estate.  A fift part thereof the Lady Powel bade settled upon her, and the heirs of her body; besides some other Lands lying in the Devizes, and given her in lieu and augmentation of her portion, and out of particular affection, being his surviving child.  
III. That the Plaintiffs (together with Vandenbemde their fellow practiser) (as his Grandchilds) do enjoy their several fifth parts, according to the said settlement, a mounting by their own computation to 1500 l. per annum.  
iv That the said Lady Powel had full power, with the consent of her husband Sir Edward Powel, to dispose of her fifth part, and of her other Lands, to whom she pleased, without wrong to any body.  
V That the said Lady Powel did particularly love Mistress Levingston her Niece, 
The Lady powel's affection to Mistress Levingston.  from her very childhood, and so continued to the day of her death; and declared her intention from time to time constantly, to make her her Heir, in case she died without issue of her body, and the very Plaintiffs have confessed the same. And therein it is to be observed, That the Allegations and false suggestions of the Plaintiffs may well be presumed to proceed from malice, because they charge Mistress Levingston to have used Sorcery, Love-powder, and other wicked practices to gain the Lady powel's love, whereas she had it largely from her Infancy. And it is observable, that the Plaintiffs suggestions are contradictory; for they pretend that Mistress Levingston should use force to gain a Fine from her said Aunt, and yet pretend that she gained her said Aunt's affection by unlawful means; by which it appears the said Petition is Felo de se.  
VI That there was no colour or pretence of Force upon the person of the said Lady Powel, nor the least pretence of threats, or awe or terror upon the said Lady, to induce her to the Fine and settlement of her Estate.  
The force pretended was a difference between Sir Edward Powel and one Crompton (a servant of his) which pretended force was tried at Law by an able jury of the neighbourhood, 
A Verdict against the Force.  and no force found, but a verdict went for Sir Edward Powel.  
The same pretended force with what is alleged in the Petition, 
A Judgement for Mistress Levingston.  was alleged three years ago at the Court of Common Pleas, and upon full and deliberate hearing of all that could be alleged both for matter of fact, and matter in Law; the judges of that Court having advised with all the judges of England, gave judgement for Mrs. Levingston, and did confirm the Fine, as by their judgement appears, viz.  

Hillary Term, February 11. 1651.  
THe justices here, upon CONSIDERATION and ADVISEMENT had, touching the said FINES, and the matters complained of against the same do this day declare their Opinions, and do order that all former Rules for any manner of stay in perfecting the said Fines, or the Proclamations thereupon be discharged; and that the said Fines be proceeded in and perfected, together with the said Proclamations; any former Rule to the contrary thereof, notwithstanding.  
BY THE COURT.   
And the next day the Judges allowed Mistress Levingston and her Husband to Levy new Fines of the said Lands in open Court at Westminster-hall, which they were not permitted to do until the whole matter of Fact and Law was determined.  
That force should be objected against a Fine, 
No Averments against a Fine, nor any Record.  is contrary to the fundamental Laws of the Land, the woman having acknowledged in private before the Judge, that she did the same willingly, and not by constraint, and the fine recorded.  
That a fine is the common assurance and security of all men's estates in the Nation, and ought not to be impeached upon any pretence whatsoever. For which cause Averments (which are testimony by witnesses) to avoid introducing of perjury to the destruction o men's estates and lives) are prohibited by several Acts of Parliament (all bending themselves against them) as well as at Common Law.  
VII. That the said Lady Powel did acknowledge the said Fine, and sealed the deed to lead the use thereof freely, willingly, and cheerfully, and that the same were prepared for her, upon her desire only, and that after she executed and finished it, she hearty blessed God that she had done the same before she died.  
VIII. That all the Allegations, malicious and idle inventions, forced and seeming proofs of wicked practices to be used by Mistress Levingston to gain the said Lady powel's estate, have proceeded from a declared design and combination against her Estate and Life, because the Lady Powel had given her estateto her. And that she hath legally convicted some of the pretenders to the said estate of a conspiracy against her life and reputation.  
IX. That the Fine and Writs for the same are legal, according to the course and practice of levying Fines, used many hundred of years; upon the assurance whereof, most men's estates in England do depend; and to Reverse a fine thus Levied, were to open a door to question all men's Estates.  
The Question. Upon all which, it is humbly conceived that the question is only, Whether any wrong is done when one party of any kindred do freely dispose of his or her estate (being in their power to give to whom they please) to such of their kindred as they love best.  
November 1654.