Selected quad for the lemma: lord_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
lord_n daughter_n earl_n heir_n 18,448 5 7.9471 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78257 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 (1693) Wing C1105A; ESTC R227812 2,499 1

There is 1 snippet containing the selected quad. | View lemmatised text

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. 17 Dec. 1647.