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had been very severe, the same being made voluntarily, and some of them since the respondent's bill was filed; the decree was extremely just in allowing the appellant to have credit only for so much of the money so paid, as the debt due from the respondent to Sir Richard, at the time of those payments, amounted to; and if the appellant had paid any more, it was in his own wrong, without necessity, and without authority; and therefore he, and not the respondent, ought to seek a satisfaction for the same.

After hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed, and the decree therein complained of, affirmed; and it was further ordered, that the appellant should pay the respondent £60 for his costs, in respect of the said appeal. (Jour. vol. 21. p. 326.)

John, Duke of Marlborough, having in the several characters of General and Commander in Chief of the Confederate Army in the Low Countries, and of Ambassador Extraordinary and Plenipotentiary of Queen Anne, to the States General of the United Provinces, rendered signal services to the nation; it be-[176]-came an object both of Royal and Parliamentary attention, to perpetuate the memory of those services.

Accordingly, in 1704, the Queen was pleased to signify her intention of granting the honour and manor of Woodstock, and hundred of Wooton, to the Duke and his heirs; and an act of Parliament was passed, 3 and 4 Ann. enabling her Majesty to make this grant, which was accordingly done. And as a further reward for the Duke's services, and particularly in memory of the victory obtained at Blenheim, the Queen resolved, at her own expence, to build him a house upon the said manor of Woodstock; and gave orders to Sir John Vanbrugh, who was then Comptroller of her Majesty's works, to frame a model of the intended building; which being done, her Majesty expressed her approbation thereof, and ordered it to be placed in the gallery of her palace at Kensington, and directed the building to be dispatched according to the model with all possible application.

The public service soon after calling the Duke abroad, he requested the Earl of Godolphin, who was then Lord High Treasurer of England, to act for him in relation to this building, and employ such persons, and enter into such contracts for that purpose, on his behalf, as his Lordship should think proper and necessary.

Under this authority, the Earl, by an instrument under his hand, dated the 9th of June 1705, reciting, That his Grace the Duke of Marlborough had resolved to erect a large fabrick for a mansion-house, at Woodstock in the county of Oxford; be, the said Earl, did, at the Duke's request and desire, and for and on his behalf, appoint Sir John Vanbrugh to be surveyor of all the works and buildings so intended to be erected at Woodstock; and did thereby impower him to make and sign contracts with any persons for materials, and with any artificers and workmen, to be employed about the said buildings, in such manner as he should judge proper, for carrying on the said work in the best and most advantageous manner; and to employ day-labourers and carriages, as he should find necessary for the said service; and to do all other matters conducive to the effectual performance of what was directed by the said Duke of Marlborough relating to the said works. And the said Earl thereby authorized and required the said Sir John Vanbrugh to lay before him, from time to time, in the absence of the said Duke, an account of his proceedings therein, together with what he should think necessary to be observed, or wherein further instructions might be wanting, that the same might be given accordingly.

In pursuance of this power, Sir John Vanbrugh, on behalf of his Grace, entered