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A48281 A true narrative of the case so much controverted between mistress Anna Levingston, daughter to Sir Charls Cæsar, and one of the grand-children of Sir Peter Vanlore the elder, and neece to the Lady Powel, and wife to Thomas Levingston esquire; and John Blunt and the Lady Sterlin his Wife, Sir Robert Crook and his wife, Henry Alexander alias Zinzan and his wife, and one Abraham Vandenbemde, and others; concerning the estate real and personal of the Lady Powel, late wife of Sir Edward Powel both deceased; eith the rise, growth, and proceedings of the differences touching the same. Levingston, Anne.; Stirling, Mary Vanlore Alexander, Countess of, d. ca. 1660. 1655 (1655) Wing L1825; ESTC R218104 10,251 8

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that the said Fines be procéeded in and perfected together with the said Proclamations any former Rule to the contrary thereof notwithstanding By the Court. Thirdly That in Hillary Term an Indictment was preferred for a Riot in Mr. Powels coming the third of September from his Uncle to speak with the Lady Powel when he was opposed by Crompton as aforesaid and by making Master Levingston and his Wife who were never out of the Ladies Chamber and all other save the Complices of Crompton Defendants and their Testimony being thereby taken away and Crompton Pre●●● Bradbury Oswald and the rest Fourthly And the same 〈◊〉 〈◊〉 notwithstanding no 〈◊〉 〈◊〉 found by the Jury upon the place and immediately upon the Entry of Sir Edward Powel as aforesaid yet another Indictment of Forceable detainer was preferred by Crompton against Sir Edward Powel Mr. Levingston and his Wife Mr. William Powel and about twenty others who were all that were in the house or had relation to it and about four years after Sir Edward Powel being de●d and the Title of the house not then known to the other Defendants a Verdict upon the Testimony of the same persons was gotten against Mr. Powel and Mr. Levingston and his Wife who justified Mr. Powel under the Title of his Uncle and Mr. Levingston and his Wife by the invitation of the Lady Powel and all the rest acquitted This happened by a neat trick of Cromptons who now that Sir Edward Powel was dead who could have cleared it gave in Evidence a Title to himself in that House by vertue of a Fine which Sir Edward Powel had levied to Bar an Intail above Six and twenty years before unto Crompton then a youth in his service and to Master Blake afterwards Sir William Blake his Scrivener both of that house and all other his Lands in Middlesex and which was mearly in trust for himself and the Lands notwithstanding always afterwards enjoyed by him and his Wife and setled by him upon his Nephew in marriage which propriety of Cromptons in point of Law made the Detainer by Sir Edward of the House though his own in Equity illegal and so begat that Verdict Fifthly To make all sure then the life of Mistress Levingston was struck at April 1652. and an Indictment was preferred against one Joan Peterson suggesting that she by the procurement of Mistress Levingston who yet was made no party to it had bewitched the Lady Powel to death upon which Peterson was tryed and acquitted Howbeit upon another Indictment for bewitching one ●●●●son a Seaman who was hid in a Chamber and found alive two moneths after and verified by Doctor Scarborough and other learned Physitians to have languished of nothing but a sickness in nature of a Calenture and had been under the hands of Physitians for cure eleven moneths before Peterston knew him that poor woman lost her life and Vandenbemde and others were heard to say That had it not been to strike at Mistress Levingston life she should not have been prosecuted for that And Vandenbemde further confessed That he Sir Robert Crook and others the Grand-children of Sir Peter Vanlore had made a Covenant and bound it with an Oath to live and die together in the prosecution of Mistress Levingston or else to have the said Estate from her Sixthly June 1652. An Indictment was by the Conspiracy of Vandenbemde and whereof he hath been since convicted preferred against Mistress Levingston her self suggesting That she had poysoned the Lady Powel to death whereof she was also acquitted Dr. Bates Dr. Goddard Dr. Cullidon her Physitians Mr Faucout her Apothecary Mr. Stamford and Mr. Page the Surgeons that dissected her having testified upon their Oaths That the said Lady Powel's death was from natural and common diseases the Dropsie Scurvy Jaundies and two Cancers in her Liver and not from any preternatural cause Seventhly Yet from the same malice was there in Trinity 1652. Trinity 1652. another Indictment preferred against Mistress Levingston and others suggesting That she by Sorcery Witchcraft and Love-powder and other unlawful means so obtained the love of the Lady Powel that she setled her Estate both Real and Personal upon her and was by those unlawful means wrought upon and pr●cured to levy several Fines and execute several Deeds for that purpose 〈◊〉 otherwise she would not have done This Indictment being traversed 〈◊〉 special Jury returned for Tryal thereof the Pros●cutors which were 〈◊〉 〈…〉 of Perjury to be framed against two of his own Witnesses first produced by himself and only cross-examined by Mr. Levingston but thereby discovering his and Vandenbemde's foul practices conspiracies viz. One against Tho. Green for swearing as was pretended that Vandenbemde put on a Scarf upon one Margaret Austin a Begger when she went to give Evidence at a Trial against Mr. Levingston to make her appear a more considerable person then she was Whereas it was confessed and proved that he did put on such Scarf at another time and so the question was only of the point of time and three of the Jury who tryed that Cause did depose that they did not apprehend that he applied it to any time certain nor did regard it so yet a Ve●dict was given against the said Tho. Green with which the Chief Justice Roll declared himself to be so ill satisfied and the man to be wronged that he would impose no imprisonment or other punishment on him save some small and inconsiderable Fine for form sake The other against one Mary Gibbs his the said Crompton's own Witness in Chancery and only cross-examined by Mr. Levingston for deposing that one Tho. Collet Crompton's Sollicitor was at such a time at a Tavern with Mr. Vandenbemde c. Which although it was also deposed by oath yet Crompton at the Trial produced another very like Collet and gave testimony to the Jury that it was he and not Collet whereupon a Verdict was gotten to the dissatisfaction also of the said Lord Chief Justice Roll as he openly declared In the interim the Lady Crook Lady Sterling and Mrs. Alexander who have acted all along with Crompton and he in Parliament with them and some of them if not all agreed to share with him the Estate and make a prey of Mrs. Levingston have been Petitioners in several Parliaments and with Crompton's purse and his sollicitings and Witnesses have put Mr. Levingston to infinite expence before several Committees even to the exhausting of the Estate given to Mrs. Levingston But in Michaelmas Term 1655. finding their Error in complaining to the Parliament in matters remediable if at all by the ordinary course of Justice they did exhibit their Bill in the High Court of Chancery against Mr. Levingston and his wife setting forth all the force found and practice supposed to have been in obtaining the said Fines and Deeds and praying relief against the same there after a long Debate by Council on both sides and after a time taken and advisement had by the then and now Lords Commissioners of the Great Seal of England that Court declared That they were fully satisfied that there was no such fraud or practice charged whereupon that Court could ground a Decree and thereupon the said Bill was dismissed that Dismission being signed inrolled and exemplified under the Great Seal of England And so the Judgment of both the Great Courts of Law and Equity being passed therein and above five years possession after those and several other Fines levied and Recoveries had of the premisses Mr. Levingston and his wife for payment of their Debts by them contracted by the vexatious suits aforesaid in defence thereof sold the Lands to several Purchasors for full and valuable consideration And after all this And although the very words of their Bill in Chancery be and the truth is so That it is the proper object of a Court of Equity to give relief against all Conveyances obtained by practice fraud and conspiracie by ordering the parties to make a Reconveyance and enjoyning the Cognisees of Fines and all claiming under them or such Deeds not to give the same in Evidence 〈◊〉 the Judgment of that Court hath passed thereupon as aforesaid Yet have 〈◊〉 said Lady Crook and her sisters again exhibited another Petition in this Par●●●●●●t against the said Fines and Deeds upon the same suggestion of force and 〈…〉 ●e obtaining thereof