Page:The English Reports v1 1900.pdf/1305

John, Duke of Marlborough, in consideration of his great and eminent services, was, by letters patent, dated the 14th of December, in the 1st year of the reign of Queen Ann, created by her Majesty, Marquis of Blandford and Duke of Marlborough, to him and the heirs male of his body; his Grace having been previously created Baron Churchill of Sandridge, and Earl of Marlborough, to him and the heirs male of his body.

By other letters patent, dated the 22d of December in the same year, her Majesty, as a further mark of her royal favour and satisfaction for his services, and for the better support of his dignity, granted him a yearly pension of £5000 payable out of the revenues of the post-office during her Majesty's life.

And by further letters patent, dated the 5th of May in the 4th year of her Majesty's reign, the honour, manor, and park of Woodstock, said the house since erected there, called Blenheim-house, and [233] other lands and hereditaments, were also granted by her Majesty to the Duke and his heirs, in pursuance of a previous act of parliament to authorise such grant.

In order to perpetuate the memory of services thus distinguished and reworded, an act of parliament passed in the 5th year of her Majesty's reign, intitled, "An act for the settling of the honours and dignities of John Duke of Marlborough upon his posterity, and annexing the honour and manor of Woodstock and house of Blenheim, to go along with the said honours;" whereby it was enacted, that in default of heirs male of the body of his Grace, the said honours and dignities should be vested in and enjoyed by the Lady Harriot, eldest daughter of the Duke, and wife of the respondent Francis Earl Godolphin, and the heirs male of her body begotten; and for default of such issue, by Ann Countess of Sunderland, second daughter of the Duke, and the heirs male of her body; and by his Grace's several other daughters, therein named, and their issue male and female:

And for default of such issue, to all and every other the issue male and female, lineally descending of or from the said Duke of Marlborough, in such manner, and for such estate, as the same are before limited to the before mentioned issue of the said Duke; it being intended and hereby enacted, that the said honours shall continue, remain, and be vested in all the issue of the said Duke, so long as any such issue male or female shall continue, and be held and enjoyed by them severally and successively in manner and form aforesaid; the elder of the descendants of every elder issue, to be preferred before the younger of such issue.

And it was further enacted, that the honour, manor, and park of Woodstock, together with Blenheim-house, and the premises therewith granted, should after the death of the Duke and his Duchess, in default of issue male of his body, be held and enjoyed by all the daughters of the Duke, and the heirs male of their respective bodies, and all others successively, in such manner as the honours were before limited to go; with a power of leasing for 21 years, or for any number of years, determinable on one, two, or three lives. And it was enacted, that neither the Duke, or his daughters, or the heirs male of their bodies, or any other person to whom the premises should come by virtue of the limitations aforesaid, should have any power, by fine, recovery, or any other act, to bar any person, to whom the premises were thereby limited, from enjoying the same, according to the limitations before mentioned.

In the same year a further act was also passed, "for settling upon the Duke and his posterity, a pension of £5000 per ann. for the more honourable support of their dignities, in like manner as his honours and dignities, and the honour and manor of Woodstock and the house of Blenheim were already limited and settled;" by which