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.