A Letter respecting a Suit in Chancery, which one Gardiner had commenced against her.

(This probably relates to the expenses of Blenheim. Supplied by W. Upcott, Esq.)

Marlborough-house, the 9th of July, 1712.

Sir,—I thank you for your letter which I received yesterday, which makes me have a mind to tell you what perhaps you may not have heard concerning Gardiner, who has acted, I think, with as much folly as knavery. You must have heard, I don’t doubt, that he began his suit in chancery with a charge upon me of nothing but lies, which I am told the law allows of, as a thing of custom. I was always pressing to have it come to a conclusion; but a thousand tricks were plaid for him to delay it; and at last, when they could hold out no longer, he begun a suit at common law. The court would not suffer a suit for the same in two courts, so he was obliged to make his election which court he would choose, and he chose the Exchequer. I thank you for your civil offer of being ready to do me any service; but my cause is so good and so strongly attested, that I have no occasion for anything more than I have already. But I have a curiosity to know whether Gardiner did subpœna you to be a witness, because I have never yet known him tell the truth in anything, and what he has lately done seems very extraordinary. In the first place, he made an excuse to my lawyer for having delayed the hearing, but said it should come on in Mic. Term, and yet, immediately after that, surprised him with a notice of trial for to-morrow. Some of my witnesses being nearly eighty miles off, it was a very difficult thing for me to bring them on so short a notice. However, I did compass it; but while the master was striking a special jury, Gardiner countermanded it. However the master finished it; and Gardiner’s reason for countermanding it was, because he said his witnesses had disappointed him. I don’t care what they do. And what he will do next I cannot guess; but I think he must pay considerable costs, not having given notice time enough to prevent my witnesses coming to London; for he countermanded the trial last Monday night, which was to be on Friday following, and Dr. Farrar came to London on Tuesday.

I am, Sir,

Your humble servant,

S. Marlborough.

Correspondence relative to the destruction of the old Manor of Woodstocke.

SIR JOHN VANBURGH TO THE DUCHESS OF MARLBOROUGH.[[418]]

Thursday, June the 9th, 1709.