EARL WILLIAM being Brother of the half Blood to the late Earl Philip , and the now Earl . Thomas , and seised in fee of several Mannors and Lands , to the intent his Estate should go with the Honour , and not be severed from it by discent to his right Heir , and looking upon the late Earl Philip to be an ill Husband , gave express direction to the person whom he intrusted to draw his Will , to make his said Brother but Tenant for Life , with Remainders to his Issue Male , so as his said Brother should have no power to alter the Estate , with Remainder to his Brother now Earl Thomas . AND when he published his Will , he understood his Brother Philip would THEREBY be but Tenant for Life : And it was so Declared by the person who drew it , and so understood by several Persons then present : But by the unskilful and loose penning of the Will in Construction of Law , Earl Philip was THEREBY made Tenant in Tail , contrary to the express Will and Direction of Earl William , subject nevertheless to the payment of Earl William's Debts , which was not discovered till after Earl William's Death .

EARL PHILIP becoming thus seised of his Brothers Estate , and likewise seised of several Mannors , whereof the Reversion was in the Crown , by Grant from the Crown , in Order to pay the Debts of Earl William , and to preserve Earl William's Estate to go with the Honor , did apply himself to his late Majesty , to have the Reversion of the Mannor and Park of Ramsbury , in Com . Wilts , granted to him , ( being the least profitable part of the Estate ) out of the Crown , in oder to make Sale thereof for payment of his Brother's Debts ; And to Induce his Majesty to grant him the Reversion , did promise to Settle as much of the Lands Devised to him by Earl William's Will , in Recompence thereof to go along with the Honor .

AFTER the Sale of Ramsbury , and part of the Purchase Money applied towards the payment of Earl William's Debts , and the residue disposed of by Earl Philip , Earl Philip suffered Recoveries of several parts of the Estate , whereof he had a power by the mispenning of Earl William's Will and thereby became Tenant in Fee-Simple .

TO inable Earl Philip to suffer such Recoveries , the Executors of Earl William in breach of the Trust reposed in them , conveyed those Lands to Earl Philip , before the Debts of Earl William were paid ; Whereas by the Will they were not to settle the Estate upon Earl Philip , and after upon Earl Thomas , till after the Debts paid .

☞ EARL PHILIP being thus seised in Fee , did frequenly in his Life-time declare his firm Resolution of settling his Estate to go with the Honor , according to the intention of his Brother Earl William , and his own promise to his Majesty : And that his Daughter should have only 10000 l. which was her Mothers Portion , but not his Lands ,

AND in pursuance of such his constant Resolutions about Four days before his Death , did order one of his Officers to send for his Council to make his Settlement or Will to that purpose , then also using some Expressions that his Daughter should have no part of his Estate , only her Mothers Portion : But the person employed to send for his Council not looking upon the Earl to be near his Death , neglected to send for his Council : And so Earl Philip was suddenly surprised with Death , without any Will or Settlement according to his Intentions . WHERBBY several parts of the Estate did descend upon his Daughter an Infant , and will be severed from the Honor , contrary to the true intent and meaning of Earl William , and Earl Philip .

EARL THOMAS since the late Earls Death , hath paid some Hundreds of pounds of Earl William's Debts . The Welch Estate stands charged with 8000 l. to the Sisters of Earl Thomas , and 500 l. per annum to Earl Thomas for Life , and 1500 l. per annum to the Countess Dowager of Pembroke , Relict of Earl Philip , which amount Annually to near the whole profits of that Estate . AND several of the Lands lying in Wiltstire Descended to the Daughter , have so long been intermixed with the Crown Lands enjoyed together by the Family , that it is hardly possible to distinguish the one from the other , besides many Disputes have arisen , and more are likely to arise about the extent of the Recoveries suffered by Earl Philip , what Lands are comprehended within them .

THE Debts of Earl Philip are many Thousand pounds , a great part of them Book Debts to Tradesmen , in the payment whereof the Honor of the Family will be greatly concerned : And yet cannot be paid without the Aid of an Act of Parliament .

THESE things alledged by the Earl , will be made out by many Witnesses .

WHICH when done , he conceives it will appear most agreeabe to Justice and Equity , that the Estate of so antient a Family be Settled by Act of Parliament to go with the Honor , according to the direction of the Earl William , and the constant resolutions of Earl Philip , and his promise to his late Majesty , charged with the Jointure of the Countess Dowager , and Ten Thousand pounds Portion to the Lady Charlot , Daughter of Earl Philip , to be paid at her Age of Sixteen , or Day of Marriage , and 400 l. per annum for her Maintenance in the mean time , which will be more than the Estate descended to her can at present answer for her Maintenance : And a competent provision made for the payment of such Debts of Earl Philip , as his personal Estate will not reach to pay .