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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88079 The state of the case in brief between the Countess of Sterlin, and others by petition in Parliament, plaintiffs; and Mris Levingston, defendant. Levingston, Anne. 1654 (1654) Wing L1824; Thomason 669.f.19[43]; ESTC R212119 2,351 1

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The State of the Case in brief between the Countess of STERLIN and others by Petition in Parlament Plaintiffs and Mris LEVINGSTON Defendant THE Plaintiffs suggest that they are most wrongfully dis-inherited 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 Mris. Levingston hath gained the whole estate of old Sir Peter Vanlore who was her Grandfather and the Lady Powel who was her Aunt to her self by forcing the Lady Powel to levie a Fine and by Deeds leading the use thereof to settle it upon her And by using evil practises to gain the affection of the said Lady and that Mr Levingston caused the Writs to be anti-dated 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 Mris Levingston's mother 2. The Lady Powel 3. The Lady Glemham 4. Mris 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 reall Estate A fift part thereof the Lady Powel bad setled 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 Grandchildren 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 Mris Levingston her Neice The Lady Powels affection to Mris 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 dyed 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 Mistris Levingston to have used Sorcery Love-powder and other wicked practices to gain the Lady Powels love whereas she had it largely from her Infancy And it is observable that the Plaintiffs suggestions are contradictory for they pretend that Mris Levingston should use force to gain a Fine from her said Aunt and yet pretend that she gained her said Aunts 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 tryed at Law by an able Iury of the neighbor-hood A Verdict against the Force and no force found but a verdict went for Sir Edward Powel The same pretended force with what is alledged in the Petition A Judgment for Mistris Levingston was alledged three years ago at the Court of Common Pleas and upon full and deliberate hearing of all that could be alledged both for matter of fact and matter in Law the Iudges of that Court having advised with all the Iudges of England gave judgement for Mris. Levingston and did confirm the Fine as by their judgement appears viz. Hillary Terme February 11. 1651. THe Iustices here upon CONSIDERATION and ADVISEMENT had touching the said FINES and the matters complained of against the same doe 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 therupon 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 Mris Levingston and her Husband to Levie new Fines of the said Lands in open Court at Westminster-hall which they were not permitted to doe untill 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 mens 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 mens 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 onely and that after she executed and finished it she heartily blessed God that she had done the same before she dyed VIII That all the Allegations malicious and idle inventions forced and seeming proofs of wicked practices to be used by Mris Levingston to gain the said Lady Powels estate have proceeded from a declared designe 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 mens estates in England do depend and to Reverse a fine thus Levied were to open a dore to question all mens Estates The Question Vpon 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