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<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-02-27</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140114.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B14638">
<STC T="S">16876</STC>
<STC T="C">S100443</STC>
<BIBNO T="umi">99836283</BIBNO>
<VID>176339</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>An Ab&s;tract of the ca&s;e of Lawrence Lownes E&s;quire, Concerning the Mannors of <HI>Hutton, Wandi&s;ley,</HI> and <HI>Angram,</HI> with advow&s;on of the Church of <HI>Hutton,</HI> in the County of the City of <HI>Yorke,</HI> as it re&s;teth vpon the proofes.</HEAD>
<P><HI>Peter Bland</HI> of <HI>London</HI> E&s;quire, was &s;eized of, and in the Mannors and advow&s;on afore-&s;ayd, in his demea&s;ne as of Fee, and being &s;o thereof &s;eized according to a deliberate agreement betwixt him, and the &s;ayd <HI>Lawrence Lownes</HI> vpon accompts made betwixt them, and due con&s;ideration of his the &s;ayd <HI>Peters</HI> e&s;tate, did giue and deliuer vnto the &s;ayd <HI>Lawrence Lownes</HI> bonds, and &s;pecialties, amounting to 1150 l'. and by his deede indented, bearing date the 12. of <HI>Nouem.</HI> 22. <HI>Iacob. Reg.</HI> &s;ealed and deliuered before many &s;ufficient witne&s;&s;es without exception, and acknowledged before Sr. <HI>Iames Hu&s;se</HI> one of the Mai&s;ters of the Chancery, and there duly inrolled, did bargaine, and &s;ell, the &s;ayd Mannors and premi&s;es, vnto the &s;aid <HI>Lawrence Lownes,</HI> and vnto <HI>Iames Milles,</HI> and <HI>Ioliffe Lownes,</HI> and their heires for euer; yet in tru&s;t onely for the &s;aid <HI>Lawrence Lownes</HI> and his heires.</P>
<P>And afterwards, the &s;ayd <HI>Peter Bland</HI> 24. <HI>Nouem.</HI> 22. <HI>Iacob.</HI> by his other deede indented, &s;ealed, and deliuered before many likewitne&s;&s;es, and like|wi&s;e acknowledged before the &s;ayd Ma&s;ter of the Chancery, and there duly inrolled, did further bargaine, and &s;ell, a&s;&s;ure, relea&s;e, and confirme the &s;ayd Mannors and premi&s;&s;es, to the &s;ayd <HI>Lawrence Lownes, Iames Milles,</HI> and <HI>Iolliffe Lownes,</HI> and their heires, in tru&s;t, as afore-&s;ayd, with a couenant for a&s;&s;urances of the premi&s;&s;es.</P>
<P>And afterwards, for further a&s;&s;urance according to his couenant, 27. <HI>Iunij,</HI> 1. <HI>Caroli,</HI> the &s;ayd <HI>Peter Bland</HI> acknowledged a fine of the &s;ayd Mannors and premi&s;&s;es before a Serieant at Law, in the pre&s;ence of many per&s;ons of good worth, quality, and credit, which by his Indenture &s;ealed and deliue|red before many like witne&s;&s;es, dated 26. <HI>Iunij,</HI> 1. <HI>Caroli,</HI> was declared to be to the former v&s;es.</P>
<DIV2 TYPE="part">
<HEAD>The rea&s;ons and con&s;iderations inducing the &s;ayd <HI>Peter Bland,</HI> to make the &s;ayd a&s;surances of the &s;aid Mannors and premi&s;ses, and di&s;po&s;all of &s;pecialties for the &s;aid 1150. l'. to the &s;aid Lawrence Lownes.</HEAD>
<P><LIST>
<HEAD>1. Valuable Con&s;iderations.</HEAD>
<ITEM>1. 340 l'. in hand payd by the &s;ayd <HI>Lawrence Lownes,</HI> to the &s;ayd <HI>Peter Bland.</HI></ITEM>
<ITEM>2. 310 l'. <HI>per annum,</HI> to be payd vnto the &s;ayd <HI>Bland</HI> during his life, by the &s;ayd <HI>Lawrence Lownes,</HI> the &s;ayd land being worth, and let for 216 l'. <HI>per annum,</HI> and no more.</ITEM>
<ITEM>3. 50 l'. to be payd after the &s;ayd <HI>Peter Blands</HI> death yearely, by the &s;ayd <HI>Lawrence Lownes,</HI> to M^r^s. <HI>Ioane Langhorne,</HI> one of the &s;ayd <HI>Blands</HI> Daughters during her life, &s;he being a healthy woman, not yet exceeding forty yeares of age.</ITEM>
<ITEM>4. The &s;ayd <HI>Lawrence Lownes,</HI> is by appointment of the &s;ayd <HI>Peter Bland</HI> to pay at &s;euerall dayes after the &s;ayd <HI>Blands</HI> death 2509 l' 3 s'. 4d'. to &s;euerall per&s;ons, being children, grand-children, and others neere of kin, vnto the &s;ayd <HI>Peter Bland.</HI></ITEM>
</LIST></P>
<P><HI>Note that</HI>
<LIST>
<ITEM>1. For the&s;e Executory payments, the &s;ayd <HI>Lawrence Lownes</HI> gaue &s;ecurity by Indenture of couenants, and bonds of 4000 l'.</ITEM>
<ITEM>2. The Lands not worth aboue 3000 l'. to be &s;old.</ITEM>
</LIST></P>
<P><LIST>
<HEAD>Con&s;idera|tions of loue, &amp;c.</HEAD>
<ITEM>1. For that the &s;ayd <HI>Lawrence Lownes</HI> had formerly at the in&s;tance of the &s;aid <HI>Peter Bland,</HI> married his the &s;aid <HI>Blands</HI> neece, whom the &s;ayd <HI>Bland</HI> had brought vp from her infancy, and was al&s;o e&s;teemed by him as his daughter.</ITEM>
<ITEM>2. For that the &s;ayd <HI>Lawrence Lownes</HI> had beene for a long time a carefull and faithfull dealer, and pre&s;eruer of and for the &s;aid <HI>Blands</HI> e&s;tate, which was very trouble-&s;ome and perplexed.</ITEM>
<ITEM>3. That the &s;ayd <HI>Peter Bland</HI> loued the &s;ayd <HI>Lawrence Lownes</HI> very tenderly, had an e&s;peciall opinion of him grounded vppon &s;uffi|cient trials, and de&s;ired therefore &s;ome way to ingage him the more, not for him&s;elfe onely during his life, but afterwards with the care and managing of the e&s;tates of his grand-children.</ITEM>
</LIST></P>
<P>It is fully and directly prooued by many Witne&s;&s;es of credit without all manner of exception, that at and during the making and perfecting of tho&s;e conueyances and a&s;&s;urances, (being almo&s;t eight moneths in doing) as al&s;o before and after the &s;ayd <HI>Peter Bland</HI> was of an able di&s;po|&s;ing memory, and vnder&s;tanding, and that at &s;undry times, and before per&s;ons of great credit, he voluntarily expre&s;&s;ed his hearty loue to the &s;ayd <HI>Lawrence Lownes,</HI> with wi&s;hes that the before bargained premi&s;&s;es had beene more worth, and that he the &s;ayd <HI>Peter Bland</HI> had beene of better abilitie, to doe him, the &s;ayd <HI>Lawrence Lownes</HI> more good in requitall of his great loue and paines.</P>
<P>This bargaine was ratified and allowed of by the &s;ayd <HI>Peter Bland,</HI> by &s;ub&s;equent Acts during all his life after.
<LIST>
<ITEM>1. In his the &s;ayd <HI>Peter Bland</HI> receiuing the &s;ayd 310 l'. <HI>per annum</HI> during his life, being about two yeares after according to the &s;aid bargaine by quarterly payments, as appeareth by eight &s;euerall acquittances, vnder his hand and &s;eale proued.</ITEM>
<ITEM>2 Be&s;ides the before mentioned Acts and conueyances) the &s;ayd <HI>Peter Bland</HI> by his la&s;t Will and Te&s;tament in Writing, made and Publi&s;hed the 27. of <HI>Iune,</HI> 1. <HI>Reg. Caroli,</HI> made a principall relation vnto the &s;ayd bargaine, and made thereof the &s;ayd <HI>Lawrence Lownes,</HI> and his brother <HI>Iohn Bland</HI> his Executors, and liued a yeare and a halfe after, &s;till continuing his the &s;ayd <HI>Lawrence Lownes,</HI> Executor&s;hip, in &s;igne al&s;o of his con&s;tant loue and opinion of him, and approbation of the &s;ayd bargaine.</ITEM>
</LIST></P>
<P>The premi&s;ses con|&s;idered the &s;aid <HI>Lawrence Lownes</HI> hopes that it appeares that
<LIST>
<ITEM>1. This was no great benefit vnto the &s;ayd <HI>Lawrence Lownes.</HI></ITEM>
<ITEM>2. No preiudice but aduantage to the &s;ayd <HI>Peter Bland</HI> in his owne particular.</ITEM>
<ITEM>3. The &s;ayd <HI>Peter Bland</HI> might the better doe thus, hauing no Sonnes.</ITEM>
<ITEM>4. Little or no preiudice came hereby to his Children, grand-children, and other kindred, among whom be&s;ides his former chargeable preferments of his Daughters in marriage; and the &s;ayd 50 l'. <HI>per annum</HI> to his Daughter <HI>Langhorne,</HI> he did by and vpon the &s;ayd bargayne di&s;po&s;e the &s;ayd whole 2509 l', 3 s'. 4 d'. be&s;ides the re&s;t of his e&s;tate, to and among them al&s;o being about 6000 l'. albeit among&s;t them there were not wanting &s;ome iu&s;t cau&s;es of <HI>Peter Blands</HI> di&s;plea&s;ure towards them.</ITEM>
</LIST></P>
<P>The &s;ole obiections agayn&s;t the &s;ayd bargayne and a&s;&s;urances are, that all the benefits thereby redounding vnto the &s;ayd <HI>Lawrence Lownes</HI> was corruptly, by circumuention, and without iu&s;t con&s;ideration drawne by the &s;ayd <HI>Lawrence Lownes,</HI> from the &s;ayd <HI>Peter Bland</HI> in his weake|ne&s;&s;e; and therefore in the Court of Chancery, decreed agayn&s;t him the &s;ayd <HI>Lawrence Lownes</HI> onely, albeit the &s;ayd Court would not declare, that the &s;ayd <HI>Peter Bland</HI> was at the making of the a&s;&s;urances, or of the &s;ayd Will <HI>De non &s;ane memory,</HI> or that he was not of a di&s;|po&s;ing memory, nor would make voyd the &s;ayd Conueyances, or Will, or di&s;aduantage any whom they concerned, but the &s;ayd <HI>Law|rence Lownes</HI> onely, as by the decree of the &s;ayd Court made <HI>Septimo die Februarij Anno Regni Regis Caroli, tertio: Inter Arnoldum Harbert mil. &amp; al. querend,</HI> Lawrencium Lownes <HI>&amp; al. defend.</HI> whereto for more truth and certayne relation bee had, it may appeare.<ADD>The po&s;t &s;cript is to come in at this place.</ADD></P>
<P>To this as concerning all matter of &s;uppo&s;ed corrupt dealing, circumuention, or want of iu&s;t con&s;ideration, being matters which trench vpon the &s;ayd <HI>Lownes</HI> his reputation a&s;well as profit, hee with all due reuerence Humbly offers the contrary; and that as hee hopeth vpon mo&s;t iu&s;t grounds and rea&s;ons, humbly de&s;iring the proofes may be con&s;idered, and the cau&s;e examined.</P>
<P><ADD>Lawrence Lownes hath been in pri&s;on in the Fleet clo&s;e pri&s;oner 3 yeares for non&abper;formanc<GAP DESC="illegible" EXTENT="1 letter">of the &s;ayd decree, and without any good ground sentenced&punc; fyned v s in the &s;tarchamber for the obteining of the &s;ayd Conveiances from Peeter Bland &amp; not freed of the &s;ayd impri&s;onment vntill he his wife and two Children being Infants by fine and recouery made a&s;suraunce of the &s;ayd Mannor and lands vnto vs according to the compul&s;ion of y^e &s;ayd decree in Chauncerye</ADD></P>
</DIV2>
</DIV1>
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