







 
   
     
       
         The case of the Lord Jeffreys, and the Lady Charlotte, his wife, sole daughter and heir of Philip Earl of Pembroke, deceased, in relation to a bill entituled, an Act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the Grand Sessions, held for the county of Glamorgan.
         Jeffreys of Wem, John Jeffreys, Baron, 1673-1702.
      
       
         
           1693
        
      
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         136234
         
           
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             The case of the Lord Jeffreys, and the Lady Charlotte, his wife, sole daughter and heir of Philip Earl of Pembroke, deceased, in relation to a bill entituled, an Act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the Grand Sessions, held for the county of Glamorgan.
             Jeffreys of Wem, John Jeffreys, Baron, 1673-1702.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London? :
             1693]
          
           
             Imprint from Wing CD-ROM, 1996.
             Publication date according to Lady Day dating.
             Docket title reads: The case of the Lord Jeffreys. To be heard at the Bar of the House of Lords on Friday the 17th of February, 1692.
             Reproduction of original in the Folger Shakespeare Library.
          
        
      
    
     
       
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           Jeffreys of Wem, Charlotte Jeffreys, -- Baroness, 1674 or 5- 1733 -- Early works to 1800.
           Jeffreys of Wem, John Jeffreys, -- Baron, 1673-1702 -- Early works to 1800.
           Estates (Law) -- England -- Early works to 1800.
           Inheritance and succession -- England -- Early works to 1800.
           Land tenure -- England -- Early works to 1800.
        
      
    
     
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           THE
           CASE
           OF
           The
           Lord
           
             JEFFREYS
             ,
          
           and
           the
           Lady
           
             CHARLOTTE
             ,
          
           his
           Wife
           ,
           sole
           Daughter
           and
           Heir
           of
           
             Philip
             ,
          
           Earl
           of
           
             Pembroke
          
           deceased
           ,
           In
           Relation
           to
           a
           BILL
           Entituled
           ,
        
         
           An
           ACT
           to
           set
           aside
           several
           Amendments
           and
           Alterations
           made
           in
           the
           Records
           and
           Writs
           of
           a
           Fine
           and
           Two
           Recoveries
           in
           the
           
             Grand
             Sessions
             ,
          
           held
           for
           the
           County
           of
           
             Glamorgan
             .
          
        
         
           PHILIP
           late
           Earl
           of
           
             Pembroke
             ,
          
           being
           seized
           in
           Tail
           Male
           ,
           
           with
           remainder
           over
           to
           the
           present
           Earl
           ,
           of
           several
           Mannors
           and
           Lands
           in
           the
           
             County
             of
             Glamorgan
             ,
          
           in
           consideration
           of
           a
           Marriage
           to
           be
           had
           between
           him
           and
           
             Henriette
             Querovalle
             ,
          
           and
           of
           10000
           
             l.
          
           Portion
           ,
           did
           by
           Articles
           of
           that
           Date
           ,
           Covenant
           with
           
             Robert
          
           Earl
           of
           
             Sunderland
             ,
          
           and
           
             Sidney
          
           Lord
           
             Godolphin
             ,
          
           to
           settle
           on
           her
           1300
           
             l.
             per
             Annum
             ,
          
           during
           her
           Life
           ,
           out
           of
           those
           Mannors
           ,
           in
           lieu
           of
           a
           Joynture
           ;
           and
           entred
           into
           a
           Statute
           of
           20000
           
             l.
          
           Penalty
           to
           make
           good
           those
           Articles
           .
        
         
           The
           Marriage
           took
           effect
           ,
           and
           the
           Portion
           was
           paid
           ;
           and
           the
           late
           Earl
           ,
           to
           enable
           himself
           to
           make
           such
           Settlement
           ,
           employs
           Mr.
           
             Rider
          
           and
           Mr.
           
             Negus
             ,
          
           his
           own
           Servants
           ,
           to
           get
           a
           
             Fine
          
           and
           
             Recovery
             ,
          
           levied
           and
           suffered
           at
           the
           
             Grand
             Sessions
          
           held
           in
           
             Glamorgan-shire
          
           in
           
             April
          
           1675.
           
           And
           accordingly
           Commissions
           of
           
             Dedimus
             Potestatem
          
           were
           taken
           out
           ,
           and
           directed
           to
           Mr
           ,
           
             Herbert
             Salladine
             ,
          
           Mr.
           
             Francis
             Negus
             ,
          
           and
           others
           ,
           as
           Commissioners
           to
           take
           the
           Earls
           acknowledgment
           of
           the
           Fine
           ,
           and
           Warrant
           of
           Attorney
           for
           the
           Recovery
           ;
           which
           were
           by
           
             Salladine
          
           and
           
             Negus
          
           duly
           executed
           and
           return'd
           .
        
         
           That
           Mr.
           
             Rider
          
           coming
           to
           the
           
             Grand
             Sessions
          
           was
           informed
           ,
           that
           there
           were
           several
           Freehold
           Leases
           on
           several
           parts
           of
           the
           Estate
           ,
           and
           that
           the
           
             Recovery
          
           would
           not
           bar
           the
           Entail
           of
           those
           Lands
           ,
           unless
           such
           Freehold
           Leases
           were
           first
           surrendred
           ;
           and
           therefore
           Mr.
           
             Rider
          
           agrees
           with
           the
           Compounder
           for
           the
           King's
           Silver
           ,
           to
           pass
           the
           
             Fine
          
           and
           
             Recovery
          
           at
           that
           time
           for
           140
           
             l.
          
           Composition
           Money
           ;
           which
           was
           also
           to
           be
           a
           Satisfaction
           for
           a
           Second
           
             Fine
          
           and
           
             Recovery
             ,
          
           if
           any
           were
           esteemed
           necessary
           ,
           for
           the
           Tenements
           contained
           in
           such
           Freehold
           Leases
           :
           And
           in
           
             April
          
           1675.
           a
           
             Fine
          
           and
           
             Recovery
          
           of
           the
           Estate
           passed
           ,
           and
           a
           
             Chirograph
          
           of
           the
           
             Fine
             ,
          
           and
           an
           
             Exemplification
          
           of
           the
           
             Recovery
          
           were
           brought
           to
           Sir
           
             John
             King
             ,
          
           in
           order
           to
           have
           the
           Settlement
           drawn
           by
           him
           ;
           and
           by
           his
           Direction
           and
           Advice
           the
           Freehold
           Leases
           were
           surrendred
           ,
           and
           a
           
             Fine
          
           and
           a
           2
           
             d.
             Recovery
          
           duly
           suffered
           of
           those
           Lands
           ,
           at
           the
           
             Grand
             Sessions
          
           held
           in
           
             August
          
           after
           .
           And
           thereupon
           a
           
             Chirograph
          
           of
           that
           
             Fine
             ,
          
           and
           an
           
             Exemplification
          
           of
           that
           
             Recovery
          
           were
           brought
           also
           and
           delivered
           to
           the
           said
           Sir
           
             John
             King.
             
          
        
         
           That
           thereupon
           the
           Earl
           by
           Indenture
           ,
           dat
           .
           10.
           
           
             Sep.
          
           1675
           ,
           Reciting
           both
           Fines
           and
           Recoveries
           to
           be
           duly
           levied
           and
           suffer'd
           ,
           declar'd
           the
           Uses
           thereof
           to
           himself
           and
           his
           Heirs
           .
           And
           in
           pursuance
           of
           the
           said
           Articles
           ,
           and
           subsequent
           Agreement
           secur'd
           to
           his
           Countess
           a
           Jointure
           of
           1500
           
             l.
             per
             annum
             ,
          
           out
           of
           the
           said
           Mannors
           and
           Lands
           ,
           of
           which
           the
           said
           
             Fines
          
           and
           
             Recoveries
          
           had
           pass'd
           .
        
         
           And
           upon
           the
           Execution
           of
           the
           said
           Fines
           and
           Recoveries
           ,
           and
           the
           said
           Conveyances
           ,
           the
           Trustees
           of
           the
           Countess
           delivered
           up
           the
           Stat.
           of
           20000
           
             l.
          
           to
           the
           Earl
           to
           be
           cancell'd
           .
        
         
           That
           in
           
             Aug.
          
           1685.
           
           Earl
           
             Philip
          
           dyed
           without
           Issue
           Male
           ,
           leaving
           only
           one
           Daughter
           ,
           
             viz.
          
           the
           Lady
           
             Charlotte
          
           now
           Wife
           of
           the
           Lord
           
             Jeffreys
             ;
          
           to
           whom
           all
           the
           said
           Mannors
           and
           Premisses
           ,
           of
           which
           the
           said
           
             Fine
          
           and
           
             Recovery
          
           were
           suffer'd
           ,
           descended
           ;
           and
           by
           whom
           after
           the
           Earl's
           death
           ,
           the
           Premisses
           were
           enjoy'd
           ,
           subject
           to
           the
           said
           Jointure
           of
           the
           Countess
           of
           
             Pembroke
             .
          
        
         
           That
           the
           
             Records
          
           and
           
             Writs
          
           relating
           to
           the
           Fines
           and
           Recoveries
           are
           so
           
             carelesly
          
           kept
           in
           the
           County
           of
           
             Glamorgan
             ;
          
           that
           many
           of
           them
           are
           
             Torn
             ,
             Defac'd
             ,
             Rotten
             ,
             Lost
             ,
          
           or
           otherwise
           embezzelled
           ,
           by
           the
           neglect
           and
           default
           of
           the
           Officers
           in
           the
           Courts
           there
           .
        
         
           In
           
             Hil.
             Ter.
          
           1687.
           
           
             Tho.
          
           Earl
           of
           
             Pembroke
             ,
          
           now
           Lord
           
             Privy
             Seal
             ;
          
           hoping
           to
           take
           advantage
           of
           the
           Misprision
           of
           the
           Clerks
           in
           Entring
           the
           said
           
             Fines
          
           and
           
             Recoveries
             ,
          
           or
           of
           their
           negligence
           in
           keeping
           them
           ,
           brought
           three
           several
           
             Writs
          
           of
           
             Error
          
           to
           reverse
           the
           first
           
             Fine
          
           and
           both
           
             Recoveries
             ,
          
           which
           were
           return'd
           accordingly
           .
        
         
           That
           upon
           this
           occasion
           the
           Countess
           being
           advised
           ;
           that
           the
           mistakes
           in
           the
           said
           
             Fines
          
           and
           
             Recoveries
          
           were
           amendable
           ,
           and
           that
           upon
           a
           
             Writ
          
           of
           
             Error
          
           brought
           the
           Court
           usually
           Ordered
           Amendments
           to
           be
           made
           ,
           did
           ,
           by
           the
           advice
           of
           her
           Council
           ,
           move
           the
           Justices
           of
           the
           Grand
           Sessions
           of
           
             Wales
             ;
          
           That
           the
           mistakes
           in
           the
           said
           
             Fines
          
           and
           
             Recoveries
          
           might
           be
           amended
           ,
           and
           the
           several
           
             Writs
          
           and
           parts
           of
           
             Records
             ,
          
           that
           were
           
             rotten
             ,
             eaten
             by
             Vermin
             or
             desac'd
             ,
          
           might
           ,
           
             as
             usually
             in
             like
             Cases
             ,
          
           be
           supply'd
           upon
           the
           Testimony
           of
           Living
           Witnesses
           ,
           who
           were
           concern'd
           in
           the
           said
           
             Fine
          
           and
           
             Recoveries
             .
          
        
         
           That
           upon
           this
           motion
           ,
           the
           usual
           
             Rule
          
           was
           made
           for
           
             amending
          
           and
           
             supplying
          
           the
           said
           Writs
           ,
           unless
           the
           Earls
           Council
           should
           at
           a
           time
           appointed
           show
           cause
           to
           the
           contrary
           .
        
         
           That
           upon
           hearing
           of
           Council
           on
           both
           sides
           ,
           and
           upon
           fight
           of
           many
           Precedents
           of
           the
           like
           Amendments
           in
           
             Westminster-Hall
             ,
          
           and
           upon
           the
           Opinion
           of
           many
           Eminent
           Council
           ,
           and
           the
           Oaths
           of
           several
           Living
           Witnesses
           ,
           That
           Commissions
           had
           issued
           ,
           and
           were
           returned
           for
           the
           Earls
           acknowledging
           the
           Fine
           and
           Recoveries
           ,
           and
           that
           the
           usual
           Writs
           and
           Proceedings
           had
           been
           made
           in
           prosecuting
           and
           perfecting
           them
           ,
           and
           that
           the
           Records
           were
           kept
           in
           a
           confused
           manner
           ,
           and
           in
           such
           places
           ,
           that
           they
           were
           
             Rotten
             ,
             Defac'd
             ,
          
           or
           
             Lost
             :
          
           And
           that
           whatever
           
             Writ
             ,
          
           or
           part
           of
           
             Records
          
           was
           
             wanting
             ,
          
           was
           
             rotten
          
           or
           
             eaten
          
           by
           
             Vermin
             ;
          
           such
           of
           the
           Defects
           ,
           as
           were
           usually
           amendable
           ,
           were
           by
           Rule
           of
           Court
           amended
           ,
           or
           supplyed
           .
        
         
           Since
           which
           Proceedings
           the
           amended
           Records
           are
           removed
           into
           the
           King's
           Bench
           by
           
             Certiorari
             ,
          
           and
           by
           the
           
             Rules
          
           of
           
             Law
          
           the
           
             Errors
          
           cannot
           be
           further
           proceeded
           in
           until
           the
           Lady
           
             Charlotte
          
           comes
           of
           Age.
           
        
         
           The
           Present
           Earl
           hath
           now
           brought
           a
           Bill
           in
           Parliament
           ,
           to
           set
           aside
           all
           these
           Amendments
           by
           the
           Legislative
           Power
           ,
           and
           to
           disenherit
           the
           Heir
           at
           Law.
           
        
         
           Now
           forasmuch
           as
           these
           Mistakes
           occasioned
           by
           the
           Misprision
           or
           Negligence
           of
           the
           Clerk
           in
           making
           or
           keeping
           Records
           have
           usually
           been
           amended
           and
           supplied
           .
        
         
           And
           forasmuch
           as
           many
           good
           Laws
           have
           been
           made
           for
           the
           Encouragement
           of
           Amendments
           in
           the
           Reigns
           of
           several
           of
           their
           Majesties
           Predecessors
           ,
           which
           do
           yet
           stand
           in
           force
           .
        
         
           And
           forasmuch
           as
           a
           Common
           Recovery
           is
           favoured
           in
           Law
           ,
           more
           than
           any
           Judgment
           or
           Proceedings
           in
           any
           other
           Real
           Action
           :
           As
           being
           a
           Common
           Assurance
           made
           by
           the
           mutual
           Consent
           of
           Parties
           ,
           and
           upon
           which
           most
           of
           the
           
             Settlements
          
           in
           
             England
             ,
          
           and
           the
           
             Titles
          
           of
           
             Purchasers
          
           do
           depend
           ,
           and
           therefore
           
             hath
             been
             ,
             and
             is
             usually
          
           amended
           and
           supported
           .
        
         
           And
           forasmuch
           as
           this
           Precedent
           will
           be
           of
           
             fatal
          
           Consequence
           to
           
             most
          
           of
           the
           Estates
           in
           
             England
             ,
          
           and
           
             more
             especially
          
           in
           
             Wales
             ,
          
           if
           the
           
             Neglect
             ,
          
           or
           
             Misprision
             ,
          
           or
           
             indirect
             Acts
          
           of
           the
           Clerks
           shall
           set
           aside
           all
           Titles
           and
           Settlements
           ,
           contrary
           to
           the
           plain
           Words
           of
           the
           Deeds
           ,
           and
           the
           Testimony
           of
           many
           
             Witnesses
          
           yet
           alive
           ,
           and
           the
           known
           Consent
           and
           Meaning
           of
           the
           Parties
           ,
           without
           any
           Relief
           ,
           or
           Amendment
           of
           those
           Mistakes
           :
           And
           the
           rather
           since
           it
           cannot
           be
           denied
           ,
           that
           the
           
             Records
          
           in
           that
           County
           are
           kept
           in
           such
           Place
           and
           Manner
           ,
           that
           there
           are
           no
           whole
           and
           entire
           Proceedings
           in
           any
           
             Fine
          
           or
           
             Recovery
             ,
          
           suffered
           and
           levied
           in
           the
           County
           of
           Twenty
           Years
           standing
           .
        
         
           
             It
             is
             therefore
             humbly
             Pray'd
             ,
             That
             this
             Bill
             may
             not
             pass
             into
             an
             Act.
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A78257-e10
           
             17
             Dec.
             1647.
             
          
        
      
    
  

