The fifth earl succeeded under the act of parliament as Duke of Marlborough, his mother being second daughter of the great duke.
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The earldom of Spencer of Althorp is derived from the same stock, the first earl having been the son of a younger son of the third Earl of Sunderland.
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That he was bold and independent also is apparent from a letter to Lord Burleigh, who had conveyed a message from the queen, complaining of his judgment in a suit in which the Earl of Leicester was a party, wherein he says he "dares not alter the ancient forms of court."
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