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<DATE>2009-06-24</DATE>
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<NAME>Lauren Proux</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="B01893">
<STC T="W">c1026b</STC>
<BIBNO T="oclc">51784429</BIBNO>
<VID>174849</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD>THE CASE OF THE <HI>Children and Grandchildren</HI> OF Sir <HI>John Maynard,</HI> and al&s;o of Mrs. <HI>Elizabeth Maynard,</HI> Widow, Relict of <HI>Jo&s;eph Maynard,</HI> Only Son of Sir <HI>John Maynard:</HI> Together with Some REASONS mo&s;t humbly Offered to Con|&s;ideration on their Behalf, AGAINST A BILL Endeavoured to be Obtained by the Right Honorable the Earl of <HI>Stamford,</HI> and Dame <HI>Mary</HI> his Counte&s;s, Sir <HI>Henry Hobart</HI> and Dame <HI>Elizabeth</HI> his Wife (Daughters and Heirs of the &s;aid <HI>Jo&s;eph Maynard</HI>) Entituled, <HI>An ACT for the Settling of the E&s;tate of the &s;aid Sir</HI> John Maynard.</HEAD>
<P>THAT Sir <HI>John Maynard</HI> had I&s;&s;ue <HI>Jo&s;eph</HI> his only Son and Four Daughters.</P>
<LIST>
<ITEM>1. <HI>Elizabeth,</HI> Married to Sir <HI>Duncomb Colche&s;ter,</HI> by whom he hath I&s;&s;ue <HI>Maynard Colche&s;ter,</HI> E&s;quire; and other Children.</ITEM>
<ITEM>2. <HI>Honor,</HI> Married to <HI>Edward No&s;worthy,</HI> E&s;quire; by whom &s;he left only one Child, <HI>Jane,</HI> now the Wife of Sir <HI>William Rawlin&s;on,</HI> Serjeant at Law.</ITEM>
<ITEM>3. <HI>Joane,</HI> Married to <HI>Thomas Leigh</HI> of <HI>Adlington,</HI> E&s;quire, decea&s;ed; by whom &s;he hath I&s;&s;ue, <HI>John Leigh,</HI> E&s;quire, and other Children.</ITEM>
<ITEM>4. <HI>Martha,</HI> Married to <HI>Edward Gre&s;ham,</HI> E&s;quire (elde&s;t Son to <HI>Marmaduke Gre&s;ham</HI>) by whom &s;he hath I&s;&s;ue <HI>Elizabeth.</HI></ITEM>
</LIST>
<P><HI>That</HI> Sir <HI>John Maynard</HI> having provided Portions for the &s;aid Dame <HI>Mary,</HI> and Dame <HI>Eli|zabeth,</HI> the Daughters of his &s;aid Son <HI>Jo&s;eph.</HI></P>
<P><HI>Makes</HI> one Will (every Word writ with his own Hand.) <NOTE PLACE="marg"><HI>Septemb.</HI> 28. 1676.</NOTE> Whereby, he gives all his Man|nours and Lands (except one Mannour in <HI>Leice&s;ter&s;hire</HI>) for Default of I&s;&s;ue Male of his Son <HI>Jo&s;eph,</HI> The <HI>One Moiety</HI> thereof to his &s;aid Grand daughters Dame <HI>Mary,</HI> and Dame <HI>Elizabeth,</HI> and their Heirs, as Tenants in Common: and <HI>the other Moiety</HI> thereof to his Daughters, the &s;aid Lady <HI>Colche&s;ter,</HI> Mrs. <HI>Leigh,</HI> and Mrs. <HI>Gre&s;ham,</HI> and to the &s;aid <HI>Jane No&s;worthy</HI> (now the Wife of Sir <HI>William Rawlin&s;on</HI>) and their Heirs, to hold al&s;o as Tenants in common equally to be divided.</P>
<P><HI>Note. <HI>This</HI></HI> Will is made before the Act again&s;t Frauds and Perjuries.</P>
<P><NOTE PLACE="marg">Septemb. <HI>9th. 1686.</HI> And Republi&s;hed and Confirmed Sep. <HI>27th. 1687.</HI></NOTE><HI>The</HI> &s;aid Sir <HI>John Maynard,</HI> having Marryed his &s;aid Grand-daughter <HI>Elizabeth</HI> to Sir <HI>Henry Hobart,</HI> and given her 10000 <ABBR><HI>l.</HI></ABBR> for her portion, Makes <HI>another Will,</HI> whereby he gives to his &s;aid Grand-daughter <HI>Mary</HI> (&s;ince his Death Marryed to the Earl of <HI>Stamford</HI>) the like Sum of 10000 <ABBR><HI>l.</HI></ABBR> for her Portion.</P>
<P><HI>And as to his Real E&s;tate,</HI> Thereby Devi&s;es his Mannours of <HI>Clifton</HI> and <HI>Hardmead</HI> in the County of <HI>Buckingham</HI> (1500 <ABBR><HI>l.</HI></ABBR> <HI>per annum</HI>) upon the Failure of I&s;&s;ue-Male of his Son <HI>Jo&s;eph,</HI> to the &s;aid Sir <HI>Henry Hobart</HI> for his Life, and the Life of the &s;aid Dame <HI>Elizabeth</HI> his Wife <HI>Jointly Living,</HI> the Remainder to the &s;aid <HI>John Leigh,</HI> and <HI>Maynard Colche&s;ter</HI> and their Heirs, during the Life of the Lady <HI>Hobart, and</HI> during the Life and Lives of all and every the Son and Sons, Daughter and Daughters, which the &s;aid Sir <HI>Henry Hobart</HI> hath, or &s;hall have by his &s;aid Wife (in Tru&s;t to pre&s;erve the contingent Remainders) then to the u&s;e of the Second Son of Sir <HI>Henry Hobart</HI> by his &s;aid Wife (<HI>when</HI> he &s;hall attain the Age of Twenty one years) for Ninety nine years, if &s;uch &s;econd Son &s;hall &s;o long live, Remainder after his Death, or other End of that E&s;tate, to the Heirs Males of the Body of &s;uch &s;econd Son; the Remainder in like manner to all and every other Son and Sons of the &s;aid Sir <HI>Henry Hobart,</HI> and his &s;aid Wife (the Elde&s;t Son only excepted) for Ninety nine years determinable on their re&s;pective Deaths, with Remainders to the Heirs Male of the Body of every &s;uch Son, the Remainder to all and every their Daughters which &s;hall attain the Age of Seventeen years, and the Heirs of their re&s;pective Bodies, as Tenants in Common.</P>
<PB N="2" REF="2">
<P>&rindx; <HI>The</HI> Remainder to Mrs, <HI>Leigh,</HI> Mrs. <HI>Gre&s;ham,</HI> the Lady <HI>Rawlin&s;on</HI> and <HI>Maynard Colche&s;ter</HI> (his Children and Grand-children) and the Heirs of their bodies, as Tenants in Common and not Jointly.</P>
<P><HI>Note</HI> He purpo&s;ely pa&s;&s;es over the fir&s;t Son of <HI>Sir Henry Hobart,</HI> that he &s;hall take no|thing by his Will, declaring that he pre&s;umes <HI>Sir Henry Hobart</HI> will take care of his fir&s;t Son out of his own E&s;tate.</P>
<P><HI>Note Sir Henry Hobart</HI> hath no &s;econd Son born, nor any Daughter or Daughters that are near &s;eventeen years of Age, or above &s;even or eight.</P>
<P><HI>And</HI> as to the Mannor and Capital Me&s;&s;uage of <HI>Gunnersbury</HI> in <HI>Middle&s;ex,</HI> he by the &s;ame Will gives the &s;ame to his Wife (&s;ince his Death Married to the Earl of <HI>Suffolk</HI>) for her life, and 300<ABBR><HI>l.</HI></ABBR> <HI>per annum</HI> Rent Charge.</P>
<P><HI>And</HI> after her Death and failure of I&s;&s;ue Male of <HI>Jo&s;eph Maynard,</HI> (who hath left no Son) he thereby gives the &s;aid Mannor of <HI>Gunnersbury,</HI> his Mannor of <HI>Beere</HI> in <HI>Devon&s;hire,</HI> and <HI>Burleon</HI> in <HI>Lincoln&s;hire</HI> (<HI>Tot.</HI> 2000<ABBR><HI>l.</HI></ABBR> <HI>per annum</HI> or more) to the &s;aid <HI>Mary Maynard</HI> his Grand|child (now Counte&s;s of <HI>Stamford</HI>) for her Life. Remainder to the &s;aid <HI>John Leigh</HI> and <HI>Maynard Colche&s;ter</HI> and their Heirs during the Life of the &s;aid <HI>Mary,</HI> and of every Son and Sons, Daughter and Daughters which &s;he &s;hall have (in Tru&s;t to pre&s;erve contingent Remain|ders) Remainder to the fir&s;t Son of the &s;aid <HI>Mary</HI> for 99 Years if he &s;hall &s;o long live, with other Remainders over, as <HI>Clifton</HI> and <HI>Hardmead,</HI> are limited to the &s;econd, and other Sons and Daughters of the Lady <HI>Hobart.</HI></P>
<P>&rindx; The Remainder of all the&s;e Mannors of <HI>Gunnersbury, Beere</HI> and <HI>Burleon,</HI> to the &s;aid Mrs. <HI>Leigh,</HI> Mrs. <HI>Gre&s;ham,</HI> the Lady <HI>Rawlin&s;on</HI> and <HI>Maynard Colche&s;ter,</HI> and the Heirs of their bodies as Tenants in Common and not Jointly.</P>
<P><HI>Note <HI>The</HI></HI> Counte&s;s of <HI>Stamford</HI> hath no I&s;&s;ue either Son or Daughter.</P>
<P><HI>So that</HI> the&s;e Remainders have a fair pro&s;pect to be very valuable, the rather be|cau&s;e of this next Clau&s;e, <HI>viz.</HI></P>
<P><HI>And whereas</HI> I have before limited &s;everal E&s;tates to <HI>John Leigh</HI> and <HI>Maynard Colche&s;ter</HI> and their Heirs (in Tru&s;t to pre&s;erve the contingent Remainders) upon the &s;aid &s;everal E|&s;tates for lives. He further Wills, that if there &s;hall be any occa&s;ion for them to Enter for any Act to be done to di&s;turb or de&s;troy any the contingent E&s;tates, that they &s;hall take the Rents and Profits to their <HI>own u&s;e, without account,</HI> during the Life of &s;uch Per&s;on or Per|&s;ons that gave Occa&s;ion for &s;uch <HI>Entry.</HI></P>
<P><HI>Then</HI> he thereby <HI>charges</HI> the Premi&s;es <HI>(inter alia)</HI> with 400<ABBR><HI>l.</HI></ABBR> <HI>per annum</HI> to the &s;aid <HI>Eliza. Maynard</HI> (the Relict of his Son <HI>Jo&s;eph</HI>) for her Life,<NOTE PLACE="marg">2. <HI>Annuity's.</HI></NOTE> in lieu of Dower or Jointure, and with 100<ABBR><HI>l.</HI></ABBR> <HI>per annum</HI> to Mrs. <HI>Gre&s;ham</HI> for her Life, and gives &s;ome per&s;onal Legacies, and then Directs, that all the re&s;t of the Rents and Profits, and <HI>all the Surplus</HI> of his Per&s;onal E&s;tate (after Debts and Legacies paid) &s;hall be di&s;po&s;ed of in a Purcha&s;e of Lands of Inheri|tance, and that the &s;ame, when purcha&s;ed, &s;hall be &s;ettled upon the Lady <HI>Hobart</HI> and the Counte&s;s of <HI>Stamford</HI> for their Lives and fir&s;t Sons,<NOTE PLACE="marg">March <HI>21&s;t. 1689.</HI> There's <HI>another Will</HI> of <HI>Sir</HI> J. Maynard's produced, Entituled thus,</NOTE> <HI>&amp;c.</HI> as before; with Remainders over to the &s;aid Mrs. <HI>Leigh,</HI> Mrs. <HI>Gre&s;ham,</HI> the Lady <HI>Rawlin&s;on,</HI> and <HI>Maynard Colche&s;ter,</HI> and the Heirs of their bodies re&s;pectively. And makes his Wife and the Lord <HI>Gorges</HI> his Tru&s;tees and Exe|cutors, to &s;ee all this done accordingly, and that Conveyances be accordingly Executed.</P>
<P><HI>Viz. <HI>A</HI></HI> Duplicate <HI>of my La&s;t Will, and is my La&s;t Will, if the Original Blotted or Interlined mi&s;carry.</HI></P>
<P><HI>Note <HI>The</HI></HI> Original the Counte&s;s of <HI>Suffolk</HI> doth not produce.</P>
<P><HI>By this Will</HI> the &s;aid Mannor and Capital Me&s;&s;uage of <HI>Gunnersbury</HI> is given to his Wife (the now Counte&s;s of <HI>Suffolk</HI>) for her Life; and then the Rever&s;ion thereof, and all the &s;aid other Mannors of <HI>Clifton, Hardmead, Beere,</HI> and <HI>Burleon,</HI> are given to the &s;aid Lady <HI>Hobart</HI> and Counte&s;s of <HI>Stamford</HI> for their Lives, or 99 Years determinable on their Deaths, and to their fir&s;t and other Sons for 99 Years; with Remainder over to the <HI>Heir male</HI> of every &s;uch fir&s;t and other Sons for 99 Years, if he live &s;o long; with the Remainder to their I&s;&s;ue in Tail pre&s;ent.</P>
<P><HI>With</HI> this difference only, That if one of them fail to have I&s;&s;ue, and the other hath, the &s;ame is given over in like manner to the I&s;&s;ue of the other: Whereas it is not &s;o by his for|mer Will in 1686/7. but if either of them fail of I&s;&s;ue, her &s;hare is immediately given over to Mrs. <HI>Leigh,</HI> Mrs. <HI>Gre&s;ham,</HI> the Lady <HI>Rawlin&s;on,</HI> and Mr. <HI>Colche&s;ter,</HI> which is <HI>omitted</HI> in this la&s;t Will, and a <HI>Blank</HI> in that place in this Duplicate or la&s;t Will; and &s;o the Daughters and their Children are not named by Name;<NOTE PLACE="marg">A Blank</NOTE> but in Ca&s;e of failure of &s;uch I&s;&s;ue, they take as next Heirs in cour&s;e by de&s;cent: With the&s;e Two further re&s;trictive Clau&s;es in this Will, <HI>viz.</HI></P>
<LIST>
<ITEM><HI>Fir&s;t,</HI> That after the &s;aid E&s;tates for Lives and 99 years re&s;pectively, He devi&s;es <HI>all his</HI> Mannors and Lands what&s;oever to the &s;aid <HI>John Leigh, Maynard Colche&s;ter</HI> and <HI>Henry Colche&s;ter,</HI> and their Heirs, <HI>during the Life</HI> and <HI>Lives of the &s;aid</HI> Sir <HI>Henry Hobart</HI> and <HI>Elizabeth</HI> his wife, and of the &s;aid <HI>Mary</HI> (now Counte&s;s of <HI>Stamford</HI>) to <HI>pre&s;erve the contingent Remainders afore&s;aid.</HI></ITEM>
<ITEM><HI>Secondly,</HI> That by this Will, here is <HI>no Legal E&s;tate at all</HI> given or devi&s;ed <HI>either to the &s;aid</HI> Sir <HI>Henry Hobart</HI> or his Lady, or to the &s;aid Counte&s;s of <HI>Stamford,</HI> or any their Sons; but the <HI>Legal E&s;tate</HI> of the whole is <HI>Ve&s;ted in the Lord</HI> Gorges, <HI>Mr.</HI> Colche&s;ter, <HI>and the</HI> Counte&s;s of <HI>Suffolk, and their Heirs,</HI> in Tru&s;t (<HI>after the Death</HI> of the &s;aid Counte&s;s of <HI>Suf|folk</HI>) to convey and &s;ettle the &s;ame for the re&s;pective Terms and E&s;tates afore&s;aid.</ITEM>
</LIST>
<PB N="3" REF="2">
<P><HI>So that by</HI> this Will al&s;o, there's a very &s;trict Intayle of the whole, to prevent any Ali|enation of any part out of his Family; he having a full pro&s;pect and re&s;olution that all his Real E&s;tate, if his Grand-daughters (the Lady <HI>Hobart</HI> and Counte&s;s of <HI>Stamford</HI>) had no I&s;&s;ue, &s;hould come to his own three Daughters, and the Lady <HI>Rawlin&s;on,</HI> (who &s;tands in the place of the fourth) and that they &s;hould have all his Inheritance, and &s;hould <HI>not be prevented</HI> thereof by any Act to be done in the mean time.</P>
<P><HI>And</HI> therefore be&s;ides the Lands Devi&s;ed <HI>ut &s;upra,</HI> he by this Duplicate gives his &s;aid Grand-daughter (the Counte&s;s of <HI>Stamford</HI>) 10000 <ABBR><HI>l.</HI></ABBR> certain for her Portion (as he had done be|fore to the Lady <HI>Hobart</HI>) be&s;ides what he hath given to each of them of his Inheritance, if they &s;hould have Children.</P>
<P><HI>By</HI> this Will al&s;o,<NOTE PLACE="marg">Annuity's.</NOTE> he gives to Mrs. <HI>Elizabeth Maynard</HI> (the Relict of his Son <HI>Jo&s;eph</HI>) 300 or 350 <ABBR><HI>l.</HI></ABBR> <HI>per Annum</HI> for her Life; whereas by the former Will <HI>it was</HI> 400 <ABBR><HI>l.</HI></ABBR> <HI>per Annum.</HI></P>
<P><HI>And</HI> to Mrs. <HI>Gre&s;ham</HI> he gives 30 <ABBR><HI>l.</HI></ABBR> <HI>per Annum</HI> Rent charge for her Life; whereas by the former it was 100 <ABBR><HI>l.</HI></ABBR> <HI>per Annum.</HI></P>
<P><HI>And, by this</HI> Will, there is the like Clau&s;e as in the former, That <HI>all the &s;urplus of this</HI> E&s;tate Real and Per&s;onal (after his Debts paid, and particular Legacies) &s;hall be inve&s;ted in Purcha&s;e of Lands of Inheritance; and when Purcha&s;ed, to be Settled and Intailed in the &s;ame man|ner as his other Mannors thereby are Intailed; &s;o that if the Lady <HI>Hobart,</HI> and Lady <HI>Stam|fords</HI> Children &s;hould fail, or they have none that &s;hould live to attain 21. That the &s;ame, with the other Inheritance, might and may come to his &s;aid three Daughters, and the &s;aid Lady <HI>Rawlin&s;on,</HI> as is before mentioned.</P>
<P>&rindx; <HI>Note, <HI>It is not</HI></HI> yet by Law &s;ettled or determined <HI>which of the&s;e Three</HI> are <HI>the true la&s;t Will of Sir</HI> John Maynard.</P>
<P><HI>Touching</HI> this la&s;t of the 21. of <HI>March,</HI> 1689. there's a <HI>&s;pecial Verdict depending</HI> in the <HI>Kings Bench,</HI> upon the Act of Frauds and Perjuries, whether it was duly Signed and Sealed by the Te&s;tator, in the pre&s;ence of Three Witne&s;&s;es, <HI>&s;o as</HI> to be <HI>either a good Will,</HI> or <HI>a good Revocation</HI> of the &s;aid former Will in 1686/7.</P>
<P><HI>Touching that Will of</HI> 1686/7. there is a <HI>Bill depending in Chancery</HI> for the &s;aid Mrs. <HI>Maynard</HI> (the Widow of <HI>Jo&s;eph</HI>) to have 400 <ABBR><HI>l.</HI></ABBR> <HI>per Annum</HI> for her Life, according to that Will; which Cau&s;e is at I&s;&s;ue, and will be heard in <HI>Chancery</HI> the next Term, if not prevented by the Privilege of the Earl of <HI>Stamford,</HI> or Counte&s;s of <HI>Suffolk:</HI> And if <HI>neither</HI> of the&s;e two be good Wills within the &s;aid Act again&s;t Frauds and Perjuries, <HI>then the fir&s;t mentioned Will in</HI> 1676. will certainly be good, being all of his own Hand, and made before the &s;aid Act.</P>
<P>&rindx; <HI>Note, <HI>The</HI> whole purport of this Bill in Parliament</HI> which the Earl of <HI>Stamford,</HI> Sir <HI>Henry Hobart,</HI> and Counte&s;s of <HI>Suffolk</HI> would get pa&s;&s;ed, is, <HI>To Enact this Will</HI> of the 21. of <HI>March,</HI> 1689. <HI>in Terminis,</HI> to be the true la&s;t Will of the &s;aid Sir <HI>John Maynard,</HI> and &s;et it out in <HI>haec Verba.</HI></P>
<P>&rindx; <HI>Before it be Tryed at Law</HI> whether it be the true Will or not.</P>
<P><HI>And</HI> then all <HI>the re&s;t of the &s;everal Provi&s;o's</HI> and Paragraphs <HI>of this Bill,</HI> Is for them and the Counte&s;s of <HI>Suffolk</HI> to endeavour thereby to <HI>get more</HI> for them&s;elves of the &s;aid Sir <HI>John Maynard</HI>'s E&s;tate, <HI>and in other manner</HI> than by <HI>that very Will is given them,</HI> and con&s;equently to <HI>le&s;&s;en the Share</HI> of the &s;aid other Per&s;ons &s;o as afore&s;aid concerned, and <HI>al&s;o to le&s;&s;en that Surplus</HI> of the Per&s;onal E&s;tate, and which may accrue out of the Rents and Profits of the Real E&s;tate during the Coun|te&s;s of <HI>Suffolk</HI>'s Life, <HI>and which by both the &s;aid Wills,</HI> is expre&s;ly directed to be <HI>Inve&s;ted in the Pur|cha&s;e</HI> of Lands of Inheritance, and when purcha&s;ed to be &s;o <HI>&s;ettled</HI> as the &s;aid other Mannors thereby are, &s;o as not to be aliened but upon Failure of I&s;&s;ue of the &s;aid Counte&s;s of <HI>Stamford</HI> (who hath no Child) and the &s;aid Lady <HI>Hobart,</HI> who hath no &s;econd Son, or any Daughter above nine years old, is to come to the &s;aid Mrs. <HI>Leigh,</HI> Mrs. <HI>Gre&s;ham</HI> and to the &s;aid Lady <HI>Rawlin&s;on,</HI> and Mr. <HI>Colche&s;ter,</HI> and the Heirs of their Bodies re&s;pectively.</P>
<P>&rindx; <HI>To prevent and defeat them of all which,</HI> This <HI>Bill is endeavoured</HI> to be got pa&s;&s;ed into an Act.</P>
<P><HI>Upon this whole Matter,</HI>
<LIST>
<ITEM><HI>Quer.</HI> I. <HI>Whether</HI> it be not very unrea&s;onable to attempt to get an Act of Parliament to <HI>Enact that Writing,</HI> to be Sir <HI>John Maynard</HI>'s la&s;t Will, which <HI>hath not hitherto been &s;ettled</HI> or <HI>deter|mined by any Court</HI> in We&s;tmin&s;ter-hall <HI>to be his Will.</HI></ITEM>
<ITEM>II. <HI>When</HI> there are <HI>three Wills produced,</HI> all of Sir <HI>John Maynard</HI>'s hand, and two of them in <HI>Conte&s;t</HI> in two &s;everal Cau&s;es in <HI>Westmin&s;ter-hall,</HI> before either of them be judicially deter|mined, to endeavour to get &s;uch an Act of Parliament, be not <HI>to prevent</HI> the &s;aid other Per&s;ons, &s;o as afore&s;aid concerned, <HI>from Trying their Right</HI> in <HI>We&s;tmin&s;ter-hall,</HI> and from <HI>their having the Benefit of the Law.</HI></ITEM>
<ITEM>III. <HI>Whether</HI> the &s;everal <HI>Provi&s;o</HI>'s and Paragraphs in the &s;aid Bill in Parliament, <HI>whereby more or greater or other part of the &s;aid Sir</HI> John Maynard<HI>'s E&s;tate</HI> is enacted to be given or provided to or for <HI>the &s;aid Earl of</HI> Stamford, <HI>Sir</HI> Henry Hobart, <HI>and Counte&s;s of</HI> Suffolk, <HI>than by the &s;aid Will</HI> (&s;ought to be enacted) is given to them, <HI>or in other Manner</HI> than the &s;ame is given them, <HI>whereby to vary or le&s;&s;en the Intere&s;t</HI> of the &s;aid Mrs. <HI>Leigh,</HI> Mrs. <HI>Gre&s;ham,</HI> and of the &s;aid Lady <HI>Rawlin&s;on</HI> and Mr. <HI>Colche&s;ter</HI> again&s;t <HI>their Con&s;ent,</HI> and without any <HI>Recom|pence</HI> or <HI>Con&s;ideration</HI> to them re&s;pectively made or given, be not equally unrea&s;onable?</ITEM>
<ITEM>&rindx; IV. <HI>In</HI> the <HI>&s;ame Bill,</HI> to <HI>enact</HI> the Will of 1689. and yet, <HI>in the &s;elf &s;ame Act,</HI> to <HI>vary th&eacute; Tru&s;ts</HI> and Beque&s;ts in that very Will, and <HI>this without Con&s;ent,</HI> be not al&s;o very extraordinary.</ITEM>
</LIST></P>
<PB N="4" REF="3" MS="y">
<P>&rindx; <HI>E&s;pecially</HI> when by the &s;aid Bill, they have put in <HI>a Clau&s;e to enact</HI> them the &s;aid Earl of <HI>Stamford, &amp;c.</HI> to be Tenants of the <HI>Freehold,</HI> and to have E&s;tates in all the &s;aid Mannors, <HI>&amp;c.</HI> for <HI>their own Lives,</HI> whenas <HI>the &s;aid Will doth not give them</HI> any &s;uch E&s;tate, and thereby to endea|vour to put them&s;elves <HI>in a Capacity</HI> to make an <HI>Alienation</HI> of the &s;aid Mannors and Lands <HI>out of the Family,</HI> which the &s;aid Sir <HI>John Maynard</HI> by both the &s;aid Wills, hath with <HI>&s;o great care and exact|ne&s;s &s;tudiou&s;ly avoided,</HI> on <HI>purpo&s;e</HI> to entail and pre&s;erve the &s;ame for his &s;aid other Children and Grandchildren, if the I&s;&s;ue of his &s;aid Son &s;hould fail.</P>
<P>&rindx; Whether this, be not at the &s;ame time, they &s;eek to enact the &s;aid Will even in the very &s;ame moment, to endeavour <HI>to de&s;troy the true Intent</HI> thereof.</P>
<P><HI>Particularly,</HI> The Earl of <HI>Stamford,</HI> who married the &s;aid Mrs. <HI>Mary Maynard</HI> (&s;ince the Death of Sir <HI>John Maynard</HI>) and before &s;uch his Marriage, was <HI>fully acquainted</HI> with the &s;everal &s;aid Wills, and <HI>how</HI> the &s;aid E&s;tate was thereby &s;ettled and intailed, and upon <HI>what Terms</HI> it was thereby given to his Lady, and what her Fortune was, and yet neverthele&s;s was contented to pro|ceed and to <HI>accept</HI> her <HI>Per&s;on</HI> and <HI>E&s;tate</HI> with tho&s;e <HI>Cloggs</HI> upon it, as they be <HI>now Called.</HI></P>
<P><HI>All which is humbly offered to con&s;ideration as a ju&s;t ground</HI> to oppo&s;e <HI>the pa&s;&s;ing of the &s;aid Bill into a Law</HI></P>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
