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 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A78257 Wing C1105A ESTC R227812 99896978 99896978 136234 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A78257) Transcribed from: (Early English Books Online ; image set 136234) Images scanned from microfilm: (Early English books, 1641-1700 ; 2455:12) 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. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng 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. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion 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.