THE CASE OF William Sherwin, Esq; and Elizabeth HIS Wife, against the Right Honourable John Earl of Bath, upon Petition in the House of Lords.  
THE most Noble George, late Duke of Albemarle, upon the Marriage of Christopher, 
2021 December, 1669.  the late Duke of Albemarle, with the Lady Elizabeth Cavendish, now Wife of the Right Honourable the Earl of montague, did by Lease and Release settle All his manors, Lordships and other his real Estate, worth about 12000 Pounds per Annum, on certain Trustees therein mentioned to the said late Duke Christopher and his Issue, and for want of such Issue, to the Right Heirs of him the said Duke George.  
The said late Duke Christopher died without Issue; whereby the said Estate descended to Elizabeth 
1688.  Pride, who was sole Daughter and Heir of Thomas monk, who was Eldest Brother and Heir of George, late Duke of Albemarle.  
Elizabeth Pride died, and then the premises descended to Thomas Pride, her only Son and Heir; Thomas Pride died, and then the premises descended to Elizabeth and Lucy Pride, Enfants, 
1693.  his only Daughters and Coheirs. 
1695.   
Elizabeth, one of the Enfants, died about one Year old, or under; and then the premises all 
1695.  descended to Lucy Pride, as sole surviving Daughter and Heir, of the said Thomas Pride.  
The said Lucy Pride died an Enfant, of about seven Years old or under, and then the premises 
1699.  descended to—  
— Elizabeth Sherwin, who is the only Daughter and Heir of Elizabeth Pride, who was Grand-Mother to the said Lucy Pride the Enfant, and only Sister and Heir of the said Thomas Pride, the Enfants Father, and the only Aunt and Heir of the said Lucy Pride, the surviving Enfant and Heir.  
The Earl of Bath possesses great part of the real Estate, late of the said Duke George, under pretence that the same was given him by dead or Will of the late Duke Christopher.  
That the late Duke Christopher was but Tenant for Life, by Duke George's Lease and Release of 20, 21, December 1669, and so could not give away the said Estate by dead or Will, the remainder in Fee being limited to the right Heirs of Duke George, and the remainder in Fee never vested in the said late Duke Christopher; he not being Heir at Law to the said Duke George.  
That the Earl of Bath well knowing this, refuses to let the said William Sherwin and Elizabeth his Wife prosecute any Suite in Law or Equity for recovery of the said Estate, and insists upon his privilege of being one of the Peers of this Realm, and so ought not to be sued in any Cause whatsoever, during the privilege of Parliament, although—.  
— It appears by an Order of your Lordships, That he waved his privilege, and your Lordships 
29. January 1693.  consented thereto, in any suite in Law or Equity, then begun, or to be begun by Thomas Pride, touching any part of the Estate of the said George, late Duke of Albemarle.  
That your Petitioners claim under the same Title, and sue for the same Estate. So hope that his Lordship having once waved his privilege in this Matter, shall not be permitted to resumethe same.  
And the rather, for that some of your Petitioner's Witnesses being already dead, and many of their remaining Witnesses very Aged, your Petitioners may receive irreparable Damage, and lessening the Proofs of their most just Right and Title to the said Estate, by not perpetuating the Testimony of their Witnesses in case his Lordship be permitted his privilege, already waved by him as aforesaid.  
Object. If it be Objected that the Earl of Bath hath formerly waved his privilege in this Matter, and that there have been two Trials already had upon this very Title.  

☞  Ans. That in the former Trials they were unprepared, and short in several Matters of Evidence, which the Petitioners have now discovered, and have new Proofs to offer at any future Trial; and since these two Trials there have been three or four Verdicts at Law against the dead, under which the Earl of Bath pretends Title to the premises in Question.  So we humbly Pray that his Lordship may wave his privilege. 
Mainwaring David.   

THE CASE OF William Sherwin, Esq; AND ELIZABETH his Wife.