PHilip late Earl of Pembroke , the Brother of the now Earl , having married the Dutchess of Portsmouth's Sister , in pursuance of an Agreement made by him , in Order to that Marriage , for settling a Jointure on her , in case she survived him , did by Demise and Redemise settle the yearly Rent of 1500 l. per annum , issuing out of all his Mannors and Lands in Glamorganshire ; and in order to make that a good Security to her , he having only in those Mannors and Lands an Estate tail-male , with a Remainder in tail-male to the now Earl , did in the Year 1675 , levy a Fine , and suffer two Recoveries of all the said Mannors and Lands , but declared no Use of the Freehold and Inheritance thereof , there being no Agreement for settling of any Estate on any Issue , Male or Female , on that Marriage . After the suffering of which said Recoveries , the said Earl Philip died without Issue-Male of his Body , having only one Daughter , the Lady Charlott Herbert , now Wife to the Lord Jefferye ; after whose Death the now Earl of Pembroke being informed that there were several gross Errors in the said Fine and Recoveries , did bring several Writs of Error to reverse them , but could procure no Return to be made on the said Writs of Error , till after the late Lord Chancellor Jefferye had concluded the said Marriage of his Son ; and two Persons were sent down by the said late Lord Chancellor to procure Amendments to be made in the said Fine and Recoveries ; and then the Records and Writs were returned in the Court of King's-Bench , as they were amended ; some of which Amendments being illegal , and not warranted by Law , and being procured by Power and Practice , the Effect of the said now Earl's Bill is to set aside the said Amendments .

The Amendments that the now Earl i●sists on to be made contrary to Law , is in altering of the Date of the Writ of Covenant , which was dated the 1st of April , in 27 Car. 2. which was altered and dated the 3d of November before , which they did to make it precede the Dedimus , for taking that Fine which was dated that 5th of November ; which being an Amendment of an Original Writ , is not warranted by the Common Law , or any Statute , and was so declared by the Judges , whilst this Bill was depending in the House of Peers ; and that the Judg of the Grand Sessions could not by Law make any such Amendment .

The other Error insisted upon by the said Earl , is , That Earl Philip being not in Person in Wales at the time of suffering the Recovery , a Commission , stiled a Dedimus , issued to several Commissioners named in that Commission , impowering three or two of them to take the Earl's , naming his Attorney to appear for him , as Vouchee in the said Recovery , which was executed by Herbert Salladin , and Francis Negus ; whereas Herbert Salladin was no Commissioner named in that Commission , and so was executed but by one of the Commissioners therein named , and therefore void . To supply which gross Error , the Judg of the Grand Sessions ordered a new Dedimus to be made , and put Herbert Salladin's Name into it , on pretence that the former Dedimus was lost ; and that Herbert Salladin was therein named one of the Commissioners for taking the said Warrant of Attorney ; which Pretence none of the Lord Jefferye's Witnesses , being examined at the Lords Bar , could make out or prove that Herbert Salladin's Name was ever in such Commission .

And the now Earl insists on it , that his Name was not in any such Commission for these Reasons :

First ; That in the Entry of the said Commission on the Roll on Record , neither the Christian Name nor Sirname of Herbert Salladin is mentioned .

Secondly ; That the Name of Herbert Salladin in the Commission for taking the Fine , is written on a Razure ; and 't is very probable it was so put into that Commission after the Sealing of it ; the Lord Jefferye's Witness who made out the Commission , being examined to that Matter at the Bar of the Lords , said , he could not tell that it was put in before the Sealing thereof .

Thirdly ; That when the now Earl sent for Copies of the Records and Proceedings , in order to bring his Writs of Error , Mr. Hughes , the Officer who kept the Records in the Grand Sessions , did in examining the Copies of the Records , after they were writ , refuse the now Earl's Agent to peruse the Dedimus , and did read to him the Dedimus for taking the Fine , instead of the Dedimus for taking the Warrant of Attorney for the Recovery .

That the Deputy Prothonory , who had the Custody of the said Records being then Agent for the Lady Pembroke , did in the Year 1688 , before the said Amendments were made , offer one Anthony Phillpott one hundred Guinea's , if he would acknowledg he had seen the said Dedimus for taking the said Warrant of Attorney , and that the Name Herbert Salladin was therein written as a Commissioner .

All which the now Earl thinks are plain Proofs that Herbert Salladin was never therein named a Commissioner ; and that the Commission is purposely imbezzl'd and conceal'd , that the Truth might not appear ; that there might be a Pretence for making a new one under Colour that the former Commission was right and casually lost .

In the ingrossed Bill there is a Proviso to make the said Mannors and Lands , in case the said Fine and Recoveries should be revers'd , liable to such Debts of the said Earl Phillip , as the said Mannors and Lands would have been subject unto , if the said Fine and Recoveries had stood good , and not been revers'd . And also that in case the other Mannors and Lands descended and come to the Lady Charlotte , Wife of the now Lord Jefferyes , should not be of the Value of 10000 l. to be sold , being her Mother's Portion , to make those Mannors and Lands , of which the said Fine and Recoveries were levied and suffered , liable to the raising of such Part of the 10000 l. as the said other Mannors and Lands shall not amount unto .