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into an agreement with the respondents, by articles, under his and their hands and seals, dated the 10th of May 1706, whereby they covenanted with Sir John, in consideration of the materials of stone, lime, sand, water and scaffolding, found at the Duke's expence, and of the rates and prices therein mentioned, to perform all such mason's work as should be ordered to be done there, pursuant to the orders and designs, and according to the [177] directions given them from time to time by the said Sir John Vanbrugh, or his assigns; and to find, at their own expence, all workmanship and labour, and hoisting, setting, and making up of mortar, and setting up scaffolds. And Sir John Vanbrugh, on his Grace's behalf, thereby covenanted, that the respondents should have such frequent measurements, stating of accounts, and advance of money thereon, as that they should not expend of their own money above £500 at any time, the better to enable them to carry on and finish the work.

Conformable to this agreement, the respondents entered upon the work; and the Queen, having by several warrants under her sign manual, given orders to the Lord Treasurer Godolphin to issue money to John Taylor, gent. to be by him paid over for defraying the charges of the works; several sums to the amount of £220,000 were, from time to time, paid by him for that purpose, according to the order of Samuel Travers, esq. her Majesty's then Surveyor-General: and in this manner the building was carried on, till the 1st of June 1712, when her Majesty thought fit to put a stop to it; at which time, there was a great arrear due to the several workmen, and to the respondents, in particular, the sum of £10,972 4s. 5d.

On the 25th of June 1713, the Chancellor of the Exchequer laid before the House of Commons, an estimate of the debts which were owing to the several heads of expence of her Majesty's civil government at Midsummer 1710, amounting to £511,762; one of which heads was, to the building at Woodstock, by estimation, £60,000. And upon this estimate, a bill was brought in and passed, for enabling her Majesty to raise £500,000 for the use of her civil government, to be applied towards payment of such debts and arrears to her servants, tradesmen, and others, as are therein mentioned.

An act passed, 1 Geo. I. entitled, An act for enlarging the fund of the Governor and Company of the Bank of England, and for satisfying an arrear for work and materials at Blenheim, incurred whilst that building was carried on at the expence of her late Majesty, &c. which takes notice that the building at Blenheim, and making the gardens and other conveniences thereto, had been begun and carried on accordingly, at the expence of her said late Majesty, till the works thereof ceased; and that the charge thereof had been borne by her Majesty out of the revenues appointed for the uses of her civil government; and then goes on in these words, viz.

For the clearing of any doubt that may arise, whether the debts which incurred and became due, and now remain unsatisfied to artificers and others, for work performed, and materials delivered, upon account of the building and works aforesaid, whilst the same were carried on as aforesaid, ought to be paid and satisfied out of the arrears of her Majesty's said revenues, due at the time of her demise, and the monies now remaining of the said £500,000 by the aforesaid act authorized to be raised; it is hereby declared, that all the debts which are actually incurred and grown due, and now remain unsatisfied to artificers and others, for [178] work performed, and materials delivered on account of the said building and works, on or before the 1st of June 1712, when her Majesty first caused the payments, on account of the said building, to be stopped, ought to be, and the same are hereby accordingly directed and enacted, to be paid out of the monies now remaining of the aforesaid sum, by the last mentioned act authorized to be raised, and out of the arrears of the said revenues granted to her Majesty, for the uses of her civil government as aforesaid, due at the time of her demise; in such and the like manner, and by such proportions only, as other her Majesty's debts are, or ought to be paid and satisfied.

In consequence of this last act of Parliament, the respondents received from the Treasury, so much money as reduced their demand to £7314 16s. 4d.; but being given to understand, that no farther payments would be made at the Treasury, on this account, they had recourse to the Duke for satisfaction of their