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<DATE>2014-10-09</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140710.apex.</ITEM>
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<IDG S="marc" R="UM" ID="B43968">
<STC T="W">S3412A</STC>
<BIBNO T="oclc">[ocn]625261950</BIBNO>
<VID>211341</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
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<PB REF="2" MS="y">
<HEAD>THE CASE OF William Sherwin, E&s;q; and Elizabeth HIS Wife, again&s;t the Right Honourable <HI>John</HI> Earl of <HI>Bath,</HI> upon Petition in the Hou&s;e of Lords.</HEAD>
<P>THE mo&s;t Noble <HI>George,</HI> late Duke of <HI>Albemarle,</HI> upon the Marriage of <HI>Chri&s;topher,</HI> <NOTE PLACE="marg">2021 <HI>Decem|ber,</HI> 1669.</NOTE> the late Duke of <HI>Albemarle,</HI> with the Lady <HI>Elizabeth Cavendi&s;h,</HI> now Wife of the Right Honourable the Earl of <HI>Mountague,</HI> did by Lea&s;e and Relea&s;e &s;ettle All his Man|nors, Lord&s;hips and other his real E&s;tate, worth about 12000 Pounds <HI>per Annum,</HI> on certain Tru&s;tees therein mentioned to the &s;aid late Duke <HI>Chri&s;topher</HI> and his I&s;&s;ue, and for want of &s;uch I&s;&s;ue, to the Right Heirs of him the &s;aid Duke <HI>George.</HI></P>
<P>The &s;aid late Duke <HI>Chri&s;topher</HI> died without I&s;&s;ue; whereby the &s;aid E&s;tate de&s;cended to <HI>Elizabeth</HI> <NOTE PLACE="marg">1688.</NOTE> <HI>Pride,</HI> who was &s;ole Daughter and Heir of <HI>Thomas Monke,</HI> who was Elde&s;t Brother and Heir of <HI>George,</HI> late Duke of <HI>Albemarle.</HI></P>
<P><HI>Elizabeth Pride</HI> died, and then the Premi&s;&s;es de&s;cended to <HI>Thomas Pride,</HI> her only Son and Heir; <HI>Thomas Pride</HI> died, and then the Premi&s;&s;es de&s;cended to <HI>Elizabeth</HI> and <HI>Lucy Pride,</HI> Enfants, <NOTE PLACE="marg">1693.</NOTE> his only Daughters and Coheirs. <NOTE PLACE="marg">1695.</NOTE></P>
<P><HI>Elizabeth,</HI> one of the Enfants, died about one Year old, or under; and then the Premi&s;&s;es all <NOTE PLACE="marg">1695.</NOTE> de&s;cended to <HI>Lucy Pride,</HI> as &s;ole &s;urviving Daughter and Heir, of the &s;aid <HI>Thomas Pride.</HI></P>
<P>The &s;aid <HI>Lucy Pride</HI> died an Enfant, of about Seaven Years old or under, and then the Pre|mi&s;&s;es <NOTE PLACE="marg">1699.</NOTE> de&s;cended to&mdash;</P>
<P><HI>&mdash;Elizabeth Sherwin,</HI> who is the only Daughter and Heir of <HI>Elizabeth Pride,</HI> who was Grand-Mother to the &s;aid <HI>Lucy Pride</HI> the Enfant, and only Si&s;ter and Heir of the &s;aid <HI>Thomas Pride,</HI> the Enfants Father, and the only Aunt and Heir of the &s;aid <HI>Lucy Pride,</HI> the &s;urviving Enfant and Heir.</P>
<P>The Earl of <HI>Bath</HI> po&s;&s;e&s;&s;es great part of the real E&s;tate, late of the &s;aid Duke <HI>George,</HI> under pretence that the &s;ame was given him by Deed or Will of the late Duke <HI>Chri&s;topher.</HI></P>
<P>That the late Duke <HI>Chri&s;topher</HI> was but Tenant for Life, by Duke <HI>George</HI>'s Lea&s;e and Relea&s;e of 20, 21, <HI>December</HI> 1669, and &s;o could not give away the &s;aid E&s;tate by Deed or Will, the remain|der in Fee being limitted to the right Heirs of Duke <HI>George,</HI> and the remainder in Fee never ve&s;t|ed in the &s;aid late Duke <HI>Chri&s;topher;</HI> he not being Heir at Law to the &s;aid Duke <HI>George.</HI></P>
<P>That the Earl of <HI>Bath</HI> well knowing this, refu&s;es to let the &s;aid <HI>William Sherwin</HI> and <HI>Elizabeth</HI> his Wife pro&s;ecute any Suite in Law or Equity for recovery of the &s;aid E&s;tate, and in&s;i&s;ts upon his Pri|viledge of being one of the Peers of this Realm, and &s;o ought not to be &s;ued in any Cau&s;e what|&s;oever, during the priviledge of Parliament, although&mdash;.</P>
<P>&mdash;It appears by an Order of your Lord&s;hips, That he waved his Priviledge, and your Lord&s;hips <NOTE PLACE="marg">29. <HI>January</HI> 1693.</NOTE> con&s;ented thereto, in any &s;uite in Law or Equity, then begun, or to be begun by <HI>Thomas Pride,</HI> touch|ing any part of the E&s;tate of the &s;aid <HI>George,</HI> late Duke of <HI>Albemarle.</HI></P>
<P>That your Petitioners claim under the &s;ame Title, and &s;ue for the &s;ame E&s;tate. So hope that his Lord&s;hip having once waved his Priviledge in this Matter, &s;hall not be permitted to re&s;umethe &s;ame.</P>
<P>And the rather, for that &s;ome of your Petitioner's Witne&s;&s;es being already dead, and many of their remaining Witne&s;&s;es very Aged, your Petitioners may receive irreparable Damage, and le&s;&s;ening the Proofs of their mo&s;t ju&s;t Right and Title to the &s;aid E&s;tate, by not perpetuating the Te&s;timony of their Witne&s;&s;es in ca&s;e his Lord&s;hip be permitted his Priviledge, already waved by him as afore&s;aid.</P>
<P><HI>Object.</HI> If it be Objected that the Earl of <HI>Bath</HI> hath formerly waved his Priviledge in this Matter, and that there have been two Trials already had upon this very Title.</P>
<P><NOTE PLACE="marg">&rindx;</NOTE><HI>An&s;.</HI> That in the former Trials they were unprepared, and &s;hort in &s;everal Matters of Evidence, which the Petitioners have now di&s;covered, and have new Proofs to offer at any future Trial; and &s;ince the&s;e two Trials there have been three or four Verdicts at Law again&s;t the Deed, under which the Earl of <HI>Bath</HI> pretends Title to the Premi&s;&s;es in Que&s;tion.</P>
<Q>So we humbly Pray that his Lord&s;hip may wave his Priviledge.</Q>
<CLOSER><SIGNED>Mainwaring David.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="half title">
<PB REF="3">
<P>THE CASE OF <HI>William Sherwin,</HI> E&s;q; AND <HI>ELIZABETH</HI> his Wife.</P>
</DIV1>
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