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 Entitled,  
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, 
17 Dec. 1647.  with remainder over to the present Earl, of several Manors 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 Manors, in lieu of a Jointure; and entered 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 acknowledgement of the Fine, and Warrant of Attorney for the Recovery; which were by Salladine and Negus duly executed and returned.  
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 surrendered; 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 surrendered, 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, that. 10. Sep. 1675, Reciting both Fines and Recoveries to be duly levied and suffered, declared the Uses thereof to himself and his Heirs. And in pursuance of the said Articles, and subsequent Agreement secured to his Countess a Jointure of 1500 l. per annum, out of the said Manors and Lands, of which the said Fines and Recoveries had passed.  
And upon the Execution of the said Fines and Recoveries, and the said Conveyances, the trusties of the Countess delivered up the Stat. of 20000 l. to the Earl to be cancelled.  
That in Aug. 1685. Earl Philip died without Issue Male, leaving only one Daughter, viz. the Lady Charlotte now Wife of the Lord Jeffreys; to whom all the said Manors and Premises, of which the said Fine and Recovery were suffered, descended; and by whom after the Earl's death, the Premises were enjoyed, subject to the said Jointure of the Countess of Pembroke.  
That the Records and Writs relating to the Fines and Recoveries are so carelessly kept in the County of Glamorgan; that many of them are Torn, Defaced, Rotten, Lost, or otherwise embezzled, 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 Entering 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 returned 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 defaced, might, as usually in like Cases, be supplied upon the Testimony of Living Witnesses, who were concerned 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, Defaced, 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 supplied.  
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 Majesty's Predecessors, which do yet stand in force.  
And forasmuch as a Common Recovery is favoured in Law, more than any Judgement 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 Prayed, That this Bill may not pass into an Act.