FIrst, The matter in difference between the Plaintiffs, and these Defendants, is, only the Title unto the Estate lately belonging unto the Lady Powell deceased, the Defendant Anne's Mother's Sister.

Secondly, the Complaint against the Defendants, is, That they did wickedly sorce the said Lady Powell, by severall evill 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 Desendant 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 Powell, 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 sorce and antedating of the said Writs, as all other the supposed evil practises that the Plaintiffs could then suggesd were examined before the Judges (one of which took the faid 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 Councell, gave their Judgment 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 or 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 severall Estates by Fines and Deeds have been annulled 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, only upon hearing the said Complaint against the Defendants, without their Answers or Defence, have required the Defendants Deeds and Evidences concerning the Defendants Annes Title to the said Estate, to be produced, which may be of very evill consequence, that their Adversarie claiming the same Estate should peruse or be advertised of their Title before any Tryall 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, 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 sinne but by the Law. or the Statute Law of the Land, or else they have done contrary to the Rules of good conference, and equity.

If either of the first, the Defendants puishment for their Offences, will be known by the Laws, they have broken ; and it is only the Jurisdictive power, as Jurisdictive, that can trie the Defendants for those offences. The business being no more then the application of the Laws in being to the offences dose.

It the Defendants have done the latter (that is) done contrary to a good conscience, and equity, in gaining the said Title, then that must be tryed by the known Rules or Equity, known and practised in this Nation (For there cannot be a particular Equity that concerned 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, take this particular Controverse out of the hands of the ordinary Courts of Law, and Equity, whea o­thers of the same nature concerning Titles unduely gained have beene, and are dayly tryed, judged, and determined by them.

Thirdly, Whether any reasons be offered by the Plaintiffs, why they are not relieveable 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 Jurisdistive power(for otherwise they cannot take conusance of it) The wisdom and cure of the Parlia­ment in their Late constitution of the Committee for Petitions, provided a­gainsi confounding the Legislative pom­er r, with the jurisdicttive, and limited them to neuve such Petitions onely for the Parliament,, as are proper to the Legislative power, or not relieveable elsewhere. 'tis 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 bythe said Committee) before they have tryed the Defendants for their supposed offences in the undue gaining of the laid Fine and Deeds ? For if the De­fendants be not guilty of anv such offences, the Parliament cannot be supposed to intermeddle with the Defendant Annes Deeds or Title.

Now the Defendants being clear in their own considences from any wicked practise, plot, or combination, wherof they are falsly & malitiously 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 endeavoured wickedly to separate the said Lady from her husband 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 tried Equity. Or otherwise if the Parliament please to take the Tryal of them unto themselves, That the Defendants may be first legally tried in first manner as the Parliament final direct, for the offences whereof they are aceused, before their Deeds, and Title to the Estate in question be called for out of their hands.