Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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Veneris, 13 die Martii;
Mr. Brewer reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act for making good the last Will of Sir William Barkham Baronet, deceased; and vesting of Lands in Trustees, to be sold, for Payment of his Debts, and making Provision for his Children; was committed; the Matter in relation to the said Bill, as it appeared to the Committee upon Examination thereof; and that they had directed him to report the Bill to the House, without any Amendments; and he delivered the same in at the Clerk's Table: Where the said Report of the Matter of Fact was read; and is as followeth; viz:
That Thomas Gilbert, upon Examination, testified, That being sent for to the House of Sir William Barkham upon the 21th Day of December last past, the said Sir William Barkham did then require him to write his Will for him; which he did: And after he had written the same, according to the Direction of, and as the said Sir William Barkham dictated to him, the said Sir Wm. Barkham desired him to call in Robert Walpoole Esquire who was then in the next Room; which accordingly he did: And then, in the Presence and Hearing of the said Mr. Walpoole, and the Testator, he read over the Will; upon which the Testator declared, in both their Presence, That the Will was according to his Direction; and approved of it as his Will: Which Will is the same as now read to him: And then the said Thomas Gilbert told the Testator, That there were Three Witnesses in the next Room; if he pleased to execute his Will, he would call them in; to which the Testator answered, Ay, or Yes: And, accordingly, the Testator raised himself up in his Bed, with little Assistance; and the Will was laid on a Book before him, to sign; but so soon as he was up, and the Pen in his Hand to write his Name, his Spirits sunk, and he fell into a Slumber; in which he continued about Three Hours and then died:
And says, That he has been long acquainted with the Testator, and his Family; and well knows the Condition and Circumstances thereof; and verily believes, That the Will, if performed, will be much for their Advantage; and if not allowed a good Will the Family will be in a miserable Condition.
Colonel Robert Walpoole, who is a Trustee, and of Kindred to the Testator, declared to the same Effect: And further, That if the Act do not pass, and if the Lady Barkham should have a Son, that Son will be in a worse Condition than if it do pass; by reason the Term for Years, in about 700 l. per Ann. of the Norfolk Estate, does not attend the Inheritance; but is a Term in gross; and will belong to the personal Estate; and must be sold for Payment of Debts, unless this Bill pass: And the Estate in London and Middlesex is not worth above 300 l. per Ann. and is now charged with Incumbrances of about 2,000 l.: But the Norfolk Estate, which by this means is intended to be preserved for the Son, will be near 1,500 l. per Annum.
That John Bowns said, That he heard the Testator own, and approve of, the Will; and took the Pen in his Hand to sign it; but, striving to raise himself up beyond his Strength, fell into a Slumber, and died before he signed it.
Mr. Fowkes said, He had, for many Years, been a Counsel for, and made several Settlements of the Estate of, Sir Edward and Sir William Barkham: And that this Bill would be much for the Advantage of the Family; and particularly of the Son, if any shall be born; and for the Preservation of the ancient Norfolk Estate in the Family, which was left incumbered by Sir Edward Barkham in above 11,000 l.; which Sir William Barkham, the Testator, before his Death, had cleared all off, except 4,000 l. with which the same is yet chargeable.
Colonel Granville reported, from the Committee of Privileges and Elections, the Matter touching the Election for the Borough of Tavistock, in the County of Devon, as it appeared to the said Committee, and the Resolutions of the Committee thereupon; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.
John Bourne: Who said, He had known Tavistock ever since the Restoration of King Charles the Second; and had been at Seven or Eight Elections; and that the Right of Electing was always in the Freeholders of Inheritance in Possession inhabiting within the said Borough.
Resolved, That it is the Opinion of this Committee, That the Right of electing Burgesses to serve in Parliament for the Borough of Tavistock, in the County of Devon, is in the Freeholders of Inheritance in Possession, inhabiting within the said Borough.
Sir Henry Dutton Colt reported from the Committee, to whom the Bill for the more easy Recovery of Servants Wages was committed, That they had made several Amendments to the Bill; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read; and then a Second time, one by one; and, upon the Question severally put thereupon, agreed unto by the House.
A Clause was offered to be added to the Bill, That al Persons stealing Fruit, Turneps, or other Roots, being convicted before a Justice of Peace, shall make such Satisfaction for the same as such Justice shall appoint; and, in case of Insufficiency, or Refusal, to commit the Offender to the House of Correction:
To the Bill, intituled, An Act to enable Trustees to raise Money for the making a wet Dock, and improving the Estate of the Marquis and Marchioness of Tavistock, at Rotherhith, in the County of Surrey, without any Amendments.
|Tellers for the Yeas,||
|Tellers for the Noes,||
East India Stock and Debts.
|Tellers for the Yeas,||
|Tellers for the Noes,||
Sir John Bolles,
Ordered, That the said Committee, or any Four of them, have Power to send for Persons, Papers, and Records; and to sit at such Times and Places as they shall think fit, notwithstanding the Sitting of the House.
Leave of Absence.
Halfpence and Farthings.
The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider of a Motion, made upon Wednesday last, for a Supply to be granted to his Majesty, for defraying the Expences of the Civil List, for the Year 1696; and for Relief of the poor French Protestants.
Bringing Plate to be coined.
Mr. Smith, according to the Order of the Day, reported from the Committee of the whole House, to whom the Bill for the encouraging the bringing in of Plate, to be coined, was committed, the Amendments, made by the Committee, to the said Bill; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read the First time.
Supply Bill; House Duty.
Ordered, That the Report from the Committee of the whole House, to whom the Bill for granting several Rates, or Duties upon Houses, for making good the Deficiency of the clipped Money, be made upon Monday Morning.