THE CASE OF THE Children and Grandchilds OF Sir John Maynard, and also of Mrs. Elizabeth Maynard, Widow, Relict of Joseph Maynard, Only Son of Sir John Maynard: Together with Some REASONS most humbly Offered to Consideration on their Behalf, AGAINST A BILL Endeavoured to be Obtained by the Right Honourable the Earl of Stamford, and Dame Mary his Countess, Sir Henry Hobart and Dame Elizabeth his Wife (Daughters and Heirs of the said Joseph Maynard) Entitled, An ACT for the Settling of the Estate of the said Sir John Maynard.  
THAT Sir John Maynard had Issue Joseph his only Son and Four Daughters.  

1. Elizabeth, Married to Sir Duncomb Colchester, by whom he hath Issue Maynard Colchester, Esquire; and other Children.  
2. Honour, Married to Edward Nosworthy, Esquire; by whom she left only one Child, Jane, now the Wife of Sir William Rawlinson, Sergeant at Law.  
3. Joan, Married to Thomas Leigh of Adlington, Esquire, deceased; by whom she hath Issue, John Leigh, Esquire, and other Children.  
4. Martha, Married to Edward Gresham, Esquire (eldest Son to Marmaduke Gresham) by whom she hath Issue Elizabeth.   
That Sir John Maynard having provided Portions for the said Dame Mary, and Dame Elizabeth, the Daughters of his said Son Joseph.  
Makes one Will (every Word writ with his own Hand.) 
Septemb. 28. 1676.  Whereby, he gives all his Manors and Lands (except one Manor in Leicestershire) for Default of Issue Male of his Son Joseph, The One Moiety thereof to his said Grand daughter's Dame Mary, and Dame Elizabeth, and their Heirs, as Tenants in Common: and the other Moiety thereof to his Daughters, the said Lady Colchester, Mrs. Leigh, and Mrs. Gresham, and to the said Jane Nosworthy (now the Wife of Sir William Rawlinson) and their Heirs, to hold also as Tenants in common equally to be divided.  
Note. This Will is made before the Act against Frauds and Perjuries.  

Septemb. 9th. 1686. And Republished and Confirmed Sep. 27th. 1687.  The said Sir John Maynard, having Married his said Granddaughter Elizabeth to Sir Henry Hobart, and given her 10000 l. for her portion, Makes another Will, whereby he gives to his said Granddaughter Mary (since his Death Married to the Earl of Stamford) the like Sum of 10000 l. for her Portion.  
And as to his Real Estate, Thereby Devises his Manors of Clifton and Hardmead in the County of Buckingham (1500 l. per annum) upon the Failure of Issue-Male of his Son Joseph, to the said Sir Henry Hobart for his Life, and the Life of the said Dame Elizabeth his Wife Jointly Living, the Remainder to the said John Leigh, and Maynard Colchester and their Heirs, during the Life of the Lady Hobart, and during the Life and Lives of all and every the Son and Sons, Daughter and Daughters, which the said Sir Henry Hobart hath, or shall have by his said Wife (in Trust to preserve the contingent Remainders) then to the use of the Second Son of Sir Henry Hobart by his said Wife (when he shall attain the Age of Twenty one years) for Ninety nine years, if such second Son shall so long live, Remainder after his Death, or other End of that Estate, to the Heirs Males of the Body of such second Son; the Remainder in like manner to all and every other Son and Sons of the said Sir Henry Hobart, and his said Wife (the Eldest Son only excepted) for Ninety nine years determinable on their respective Deaths, with Remainders to the Heirs Male of the Body of every such Son, the Remainder to all and every their Daughters which shall attain the Age of Seventeen years, and the Heirs of their respective Bodies, as Tenants in Common.  
☞ The Remainder to Mrs, Leigh, Mrs. Gresham, the Lady Rawlinson and Maynard Colchester (his Children and grandchildren) and the Heirs of their bodies, as Tenants in Common and not Jointly.  
Note He purposely passes over the first Son of Sir Henry Hobart, that he shall take nothing by his Will, declaring that he presumes Sir Henry Hobart will take care of his first Son out of his own Estate.  
Note Sir Henry Hobart hath no second Son born, nor any Daughter or Daughters that are near seventeen years of Age, or above seven or eight.  
And as to the Manor and Capital Message of Gunnersbury in Middlesex, he by the same Will gives the same to his Wife (since his Death Married to the Earl of Suffolk) for her life, and 300 l. per annum Rend Charge.  
And after her Death and failure of Issue Male of Joseph Maynard, (who hath left no Son) he thereby gives the said Manor of Gunnersbury, his Manor of Beer in Devonshire, and Burleon in Lincolnshire (Tot. 2000 l. per annum or more) to the said Mary Maynard his Grandchild (now Countess of Stamford) for her Life. Remainder to the said John Leigh and Maynard Colchester and their Heirs during the Life of the said Mary, and of every Son and Sons, Daughter and Daughters which she shall have (in Trust to preserve contingent Remainders) Remainder to the first Son of the said Mary for 99 Years if he shall so long live, with other Remainders over, as Clifton and Hardmead, are limited to the second, and other Sons and Daughters of the Lady Hobart.  
☞ The Remainder of all these Manors of Gunnersbury, Beer and Burleon, to the said Mrs. Leigh, Mrs. Gresham, the Lady Rawlinson and Maynard Colchester, and the Heirs of their bodies as Tenants in Common and not Jointly.  
Note The Countess of Stamford hath no Issue either Son or Daughter.  
So that these Remainders have a fair prospect to be very valuable, the rather because of this next Clause, viz.  
And whereas I have before limited several Estates to John Leigh and Maynard Colchester and their Heirs (in Trust to preserve the contingent Remainders) upon the said several Estates for lives. He further Wills, that if there shall be any occasion for them to Enter for any Act to be done to disturb or destroy any the contingent Estates, that they shall take the Rents and Profits to their own use, without account, during the Life of such Person or Persons that gave Occasion for such Entry.  
Then he thereby charges the Premises (inter alia) with 400 l. per annum to the said Eliza. Maynard (the Relict of his Son Joseph) for her Life, 
2. Annuity's.  in lieu of Dower or Jointure, and with 100 l. per annum to Mrs. Gresham for her Life, and gives some personal Legacies, and then Directs, that all the rest of the Rents and Profits, and all the Surplus of his Personal Estate (after Debts and Legacies paid) shall be disposed of in a Purchase of Lands of Inheritance, and that the same, when purchased, shall be settled upon the Lady Hobart and the Countess of Stamford for their Lives and first Sons, 
March 21st. 1689. There's another Will of Sir J. Maynard's produced, Entitled thus,  etc. as before; with Remainders over to the said Mrs. Leigh, Mrs. Gresham, the Lady Rawlinson, and Maynard Colchester, and the Heirs of their bodies respectively. And makes his Wife and the Lord Gorges his trusties and Executors, to see all this done accordingly, and that Conveyances be accordingly Executed.  
Viz. A Duplicate of my Last Will, and is my Last Will, if the Original Blotted or Interlined miscarry.  
Note The Original the Countess of Suffolk doth not produce.  
By this Will the said Manor and Capital Message of Gunnersbury is given to his Wife (the now Countess of Suffolk) for her Life; and then the Reversion thereof, and all the said other Manors of Clifton, Hardmead, Beer, and Burleon, are given to the said Lady Hobart and Countess of Stamford for their Lives, or 99 Years determinable on their Deaths, and to their first and other Sons for 99 Years; with Remainder over to the Heir male of every such first and other Sons for 99 Years, if he live so long; with the Remainder to their Issue in Tail present.  
With this difference only, That if one of them fail to have Issue, and the other hath, the same is given over in like manner to the Issue of the other: Whereas it is not so by his former Will in 1686/7. but if either of them fail of Issue, her share is immediately given over to Mrs. Leigh, Mrs. Gresham, the Lady Rawlinson, and Mr. Colchester, which is omitted in this last Will, and a Blank in that place in this Duplicate or last Will; and so the Daughters and their Children are not named by Name; 
A Blank  but in Case of failure of such Issue, they take as next Heirs in course by descent: With these Two further restrictive Clauses in this Will, viz.  

First, That after the said Estates for Lives and 99 years respectively, He devices all his Manors and Lands whatsoever to the said John Leigh, Maynard Colchester and Henry Colchester, and their Heirs, during the Life and Lives of the said Sir Henry Hobart and Elizabeth his wife, and of the said Mary (now Countess of Stamford) to preserve the contingent Remainders aforesaid.  
Secondly, That by this Will, here is no Legal Estate at all given or devised either to the said Sir Henry Hobart or his Lady, or to the said Countess of Stamford, or any their Sons; but the Legal Estate of the whole is Vested in the Lord Gorges, Mr. Colchester, and the Countess of Suffolk, and their Heirs, in Trust (after the Death of the said Countess of Suffolk) to convey and settle the same for the respective Terms and Estates aforesaid.   
So that by this Will also, there's a very strict entail of the whole, to prevent any Alienation of any part out of his Family; he having a full prospect and resolution that all his Real Estate, if his Granddaughters (the Lady Hobart and Countess of Stamford) had no Issue, should come to his own three Daughters, and the Lady Rawlinson, (who stands in the place of the fourth) and that they should have all his Inheritance, and should not be prevented thereof by any Act to be done in the mean time.  
And therefore besides the Lands Devised ut supra, he by this Duplicate gives his said Granddaughter (the Countess of Stamford) 10000 l. certain for her Portion (as he had done before to the Lady Hobart) besides what he hath given to each of them of his Inheritance, if they should have Children.  
By this Will also, 
Annuity's.  he gives to Mrs. Elizabeth Maynard (the Relict of his Son Joseph) 300 or 350 l. per Annum for her Life; whereas by the former Will it was 400 l. per Annum.  
And to Mrs. Gresham he gives 30 l. per Annum Rend charge for her Life; whereas by the former it was 100 l. per Annum.  
And, by this Will, there is the like Clause as in the former, That all the surplus of this Estate Real and Personal (after his Debts paid, and particular Legacies) shall be invested in Purchase of Lands of Inheritance; and when Purchased, to be Settled and Entailed in the same manner as his other Manors thereby are Entailed; so that if the Lady Hobart, and Lady Stamford's Children should fail, or they have none that should live to attain 21. That the same, with the other Inheritance, might and may come to his said three Daughters, and the said Lady Rawlinson, as is before mentioned.  
☞ Note, It is not yet by Law settled or determined which of these Three are the true last Will of Sir John Maynard.  
Touching this last of the 21. of March, 1689. there's a special Verdict depending in the King's Bench, upon the Act of Frauds and Perjuries, whether it was duly Signed and Sealed by the Testator, in the presence of Three Witnesses, so as to be either a good Will, or a good Revocation of the said former Will in 1686/7.  
Touching that Will of 1686/7. there is a Bill depending in Chancery for the said Mrs. Maynard (the Widow of Joseph) to have 400 l. per Annum for her Life, according to that Will; which Cause is at Issue, and will be heard in Chancery the next Term, if not prevented by the Privilege of the Earl of Stamford, or Countess of Suffolk: And if neither of these two be good Wills within the said Act against Frauds and Perjuries, than the first mentioned Will in 1676. will certainly be good, being all of his own Hand, and made before the said Act.  
☞ Note, The whole purport of this Bill in Parliament which the Earl of Stamford, Sir Henry Hobart, and Countess of Suffolk would get passed, is, To Enact this Will of the 21. of March, 1689. in Terminis, to be the true last Will of the said Sir John Maynard, and set it out in haec Verba.  
☞ Before it be Tried at Law whether it be the true Will or not.  
And then all the rest of the several Provisoes and Paragraphs of this Bill, Is for them and the Countess of Suffolk to endeavour thereby to get more for themselves of the said Sir John Maynard's Estate, and in other manner than by that very Will is given them, and consequently to lessen the Share of the said other Persons so as aforesaid concerned, and also to lessen that Surplus of the Personal Estate, and which may accrue out of the Rents and Profits of the Real Estate during the Countess of Suffolk's Life, and which by both the said Wills, is expressly directed to be Invested in the Purchase of Lands of Inheritance, and when purchased to be so settled as the said other Manors thereby are, so as not to be aliened but upon Failure of Issue of the said Countess of Stamford (who hath no Child) and the said Lady Hobart, who hath no second Son, or any Daughter above nine years old, is to come to the said Mrs. Leigh, Mrs. Gresham and to the said Lady Rawlinson, and Mr. Colchester, and the Heirs of their Bodies respectively.  
☞ To prevent and defeat them of all which, This Bill is endeavoured to be got passed into an Act.  
Upon this whole Matter, 

Quer. I. Whether it be not very unreasonable to attempt to get an Act of Parliament to Enact that Writing, to be Sir John Maynard's last Will, which hath not hitherto been settled or determined by any Court in Westminster-hall to be his Will.  
II. When there are three Wills produced, all of Sir John Maynard's hand, and two of them in Contest in two several Causes in Westminster-hall, before either of them be judicially determined, to endeavour to get such an Act of Parliament, be not to prevent the said other Persons, so as aforesaid concerned, from Trying their Right in Westminster-hall, and from their having the Benefit of the Law.  
III. Whether the several Provisoes and Paragraphs in the said Bill in Parliament, whereby more or greater or other part of the said Sir John Maynard 's Estate is enacted to be given or provided to or for the said Earl of Stamford, Sir Henry Hobart, and Countess of Suffolk, than by the said Will (sought to be enacted) is given to them, or in other Manner than the same is given them, whereby to vary or lessen the Interest of the said Mrs. Leigh, Mrs. Gresham, and of the said Lady Rawlinson and Mr. Colchester against their Consent, and without any Recompense or Consideration to them respectively made or given, be not equally unreasonable?  
☞ iv In the same Bill, to enact the Will of 1689. and yet, in the self same Act, to vary the Trusts and Bequests in that very Will, and this without Consent, be not also very extraordinary.    
☞ Especially when by the said Bill, they have put in a Clause to enact them the said Earl of Stamford, etc. to be Tenants of the Freehold, and to have Estates in all the said Manors, etc. for their own Lives, whenas the said Will doth not give them any such Estate, and thereby to endeavour to put themselves in a Capacity to make an Alienation of the said Manors and Lands out of the Family, which the said Sir John Maynard by both the said Wills, hath with so great care and exactness studiously avoided, on purpose to entail and preserve the same for his said other Children and Grandchilds, if the Issue of his said Son should fail.  
☞ Whether this, be not at the same time, they seek to enact the said Will even in the very same moment, to endeavour to destroy the true Intent thereof.  
Particularly, The Earl of Stamford, who married the said Mrs. Mary Maynard (since the Death of Sir John Maynard) and before such his Marriage, was fully acquainted with the several said Wills, and how the said Estate was thereby settled and entailed, and upon what Terms it was thereby given to his Lady, and what her Fortune was, and yet nevertheless was contented to proceed and to accept her Person and Estate with those Clogs upon it, as they be now Called.  
All which is humbly offered to consideration as a just ground to oppose the passing of the said Bill into a Law