THis Respondent saving the benefit of Exception to the Untruths , and Imperfections of the said Petition , in Obedience to the Order of this Honourable House , for Answer , saith , That Sir Edward Fytton , this Respondent's Uncle , having made a Lease of his Estate for Ninety nine Years to the Lord Wharton , and other Trustees , upon several Trusts in June , 10 Car . 1. settled the Inheritance to the Use of himself for Life ; and after his Death , to the Use of Jane his then Wife for her Life : Remainder to the Use of the Heirs of his Body ; the Remainder to this Respondent in Tayle , with power for the said Sir Edward to revoke by Deed or Will .

That Sir Edward Fytton in November 17 Car . 1. after the Death of Jane his Wife , settled the Estate to the use of himself in Tail , with the Remainder to such persons , and for such Estates , as he by Deed or Will , in the presence of two Witnesses should appoint . And if no such Appointment , to the use of William Fytton ( a remote Kinsman ) for Life , with the Remainder in Tail to the Now Petitioner Fytton his Son , with power of Revocation or Alteration , at his pleasure .

That Sir Edward Fytton , and this Respondent , being in the Actual Service of his Majesty King Charles the First , in the late Wars : He the said Sir Edward Fytton ( according to his frequent Declarations ) 16 August 19 Car . 1. duly made and published his Will in Writing , in the presence of Doctor Smallwood ( late Dean of Litchfield ) Francis Hollinshead Gent . and other persons , and thereby Revok't all former Settlements , and declared this Respondent ( being one of his Co-heirs at Law ) to be his Sole Heir , to whom he devised all his Estate , and soon after died without Issue , leaving the said Will in Doctor Smallwood's Hands . After whose Death , this Respondent's Agents entred by vertue of the said Will , and received some Profits for some time : And this Respondent had Administration duly granted to him of the Estate of Sir Edward Fytton , with the said Will annexed . But the Wars increasing , and this Respondent continuing in the King's Service , could not attend his particular Affairs , being soon afterwards forced out of this Kingdom , for his Loyalty to his Prince ; where he continued with his late , and present Majesties in Exile , till their most happy Restauration .

In which time Fytton's having set up several Titles to the said Estate , and gotten in some Incumbrances of the said Sir Edward Fytton's , and there being several Suits between them , and the other Co-heirs ; the Fyttons got Possession by the Settlement of 17 Car . 1.

That this Respondent , soon after the King's Restauration , in Easter Term , 1661. Exhibited his Bill in Chancery , against the Trustees in the Leafe for Ninety nine Years , against the Petitioner and his Father , and against the Co-heirs at Law , and others , complaining , That he was out of Possession , and could not make his Right appear , till his Majesties blessed Restauration , and that he then Entred ; and the Fyttons did Combine to defeat him of the Estate , and to incumber it so , as he could not enjoy the possession of it . Of all which , among many other things , Discovery is prayed , and also of the Deeds and of the Titles , Claims , and Pretentions of the Fyttons , and other Defendants , and Relief upon the whole Matter . Whereunto the Defendants having Answered , and the Fyttons having in their Answer , insisted on their Title under the Settlement of November , 17 Car . 1. did set forth a Deed Poll , as a Release of the Power of Revocation in April , 18 Car . 1. not mentioned in the former Suits with the Co-heirs ; but contrived to Avoid this Respondents Title under the said Will , and that they knew not whether Sir Edward Fytton made such Will . Howbeit , 't was not material to them whether there was such Will or not : For that the Power of Revocation was released by the said Deed Poll ; so that the said Fyttons made their whole Title and Defence , on the Validity of the said Deed Poll , without so much as controverting in their Answer , the Reality of the Will , acknowledging by Answer , That they were in possession of the Estate , and had received the Profits thereof , and justified the same under their said Title . And the Trustees having answered , that they were ready to Assign , as the Court should direct .

the 13th of June , 14 Ca . 2. the Cause came to be heard before the late Earl of Clarendon ( then Lord Chancellor ) upon reading the Proofs touching the pretended Deed Poll , and also touching the Will , and upon the View of the said pretended Deed and Will , his Lordship directed a Trial , to try whether the said Deed was Signed , Sealed , and Delivered by Sir Edward Fytton , and after the Tryal , either party might resort to the Chancery .

In Michaelmas Term 14 Car . 2. a Tryal was had at the Kings Bench Bar , by a Jury of Gentlemen of Reputation , who after a full and clear Evidence ( besides that of Granger , one of the Agents in the Forgery ) the Tryal lasting about Nine Hours , the Petitioners Deed Poll was found to be Forged . At which Tryal , though the Matter of the Will was not directly in Issue , yet the same , and Sir Edward Fyttons frequent Declarations of Kindness , and leaving his Estate to this Respondent , were fully proved and offered , together with many other Facts , as Circumstantial Evidence against the said pretended Deed Poll .

The 27th of November , 14 Car . II . the Cause coming after the said Verdict to be heard , for the final determination of the Chancery : it was decreed that the Trustees should Assign to this Respondent , or as this Respondent should appoint , and that the Possession should be delivered to this Respondent , and the Deeds brought into Court , the mean profits computed since the entry of the Fyttons , and Costs paid by the Fyttons ; which Decree this Respondent insists was just and well grounded . And yet the Court in favour to the Petitioner , declared , That notwithstanding the said Decree , the Fyttons might within twelve months bring an Action at Law for Tryal of their right upon the said Deed . At which the said Lease for 99 Years was not to be given in Evidence . And if the Fyttons should recover , did reserve a further consideration touching the said Lease , notwithstanding the Assignment ; and the Examiner was to produce the pretended Deed-Poll at the Tryal . But if the Fyttons should not recover a Verdict within that time , then the same was to be damned and made void .

That thereupon the Fyttons , within the Year according to the liberty given them by the said Decree , did bring an Ejectment against this Respondent , which came to be Tryed the second day of November , 1663. before Mr. Justice Charleton and Mr. Milward , then Justices of Chester , by a Jury of eminent Gentlemen of that County ; At which Tryal , which lasted about eight hours , the said Will came directly in question , as consistent with the limitations and power in the Deed of 17 Car . I. and was fully proved by Dr. Smallwood and Mr. Francis Hollinshead and other Witnesses , all since dead . Whereupon the said Fyttons stood upon the Deed-Poll ( which was ) noduced by the Examiner of the Chancery , at this Respondents charge , according to the Decree ) and endeavoured to prove the same to be a real Deed ; which , if so , had destroyed this Respondents Title under the said Will . But upon a full and clear Evidence , with the approbation of the said Court , it again appeared the said Deed-Poll was forged , and a Verdict was found for this Respondent .

After which second Tryal , by Order and Decree of the 28th of November 1663. the said Court of Chancery confirmed the Decree of 1662. and ordered it to be executed , and that the Deed-Poll should be utterly damned , and made void . Since which time , being now twenty Years and upwards , this Respondent hath had the possession of the said Estate , but never got any of the Profits received by the Fyttons , nor any Costs .

That the Petitioner , with his Accomplices , having published false and libellous Reflections on this Respondents Title , and Proceedings in the said Suits ; and the same being taken notice of , and the matter thereof heard by this Honourable House on the 9th of July , 1663. the same was declared and adjudged to be a false , odious and infamous Libel . And it was adjudged by this Honourable House , after a very serious and deliberate consideration of the whole matter , That this Respondent was clear and free from all or any of the matters of the said Libel . And that the Petitioner should undergo the Judgment of the House , whereby he was fined to the King , and this Respondent to proceed at Law for Reparations ; and that he should be committed till he produced Granger ; and that he and his Accomplices should find Sureties for their good behaviour during life .

That this Respondent prosecuting the faid Fytton in the King's-Bench for the Forgery of the Deed-Poll , at his humble supplication , after earnest sollicitation , surceased his prosecution .