securities in the schedule annext to the Articles The Articles witnessed That the said Henry Gregory agreed at the joynt costs of him and the sd Thomas Bennett to prosecute the persons bound in the said securities their heires execut's and Adm's as they should joyntly think fitt And that Henry Gregory should not discharge or discontinue any such suite or the moneys due thereon without the consent of Thomas Bennett And would pay him a moyety of the moneys recovered deducting half the charges And in consideracion of the premisses and of the said asst Thomas Bennett released to the said Henry Gregory all clayme to the estate of Mathew Bennett or on account of the executorshipp other than on acct of securities in the schedule annext with a covenant from Tho: Bennett that he would pay a moyety of the charges of the suites and a moyety of the annuall summ of 40 188 which was in arrear at Christmas then last.

(89)

7 June, 1706. Lease for a year Between Thomas Bennett of Salthrop in the county of Wilts Esqr of the one part and Arthur Morgan of the Middle Temple London Gent' of the other part.

(90)

8th of June, 1706. Release. Indenture Quadrupartite Between the said Thomas Bennett on the first part the Honoble John Smith Esq'. Executor of Thomas Smith who survived Henry Smith brother of the said Tho: Smith on the 2a. part the said Arthur Morgan and Thomas Cromwell of the Inner Temple London, Gent' of the 3a. part and Thomas Richmond alias Webb Esq. and Serj. at Law of the 4th part It is witnessed that the sayd Thomas Bennett for the barring docking and destroying all estates tayle and remainders thereupon expectant of and in the Mannors or Lordshippes Farines Rents Lands Tenements, &c. therein mencioned and for settling assureing and conveying the same To the use of him the sd. Thomas Bennett his heires and assignes And in consideracion of 10s. to the sa. Thomas Bennett and John Smith paid by the said Arthur Morgan and Thomas Cromwell The said Thomas Bennett and John Smith granted bargayned sold aliened enfeoffed and confirmed unto the said Arthur Morgan and Thomas Cromwell (in their actuall possession then being by virtue of the aforesaid bargayne and sale, &c.) All and singular the aforesaid Mannors Lordshipps Lands Tenements fee-farme rents hereditaments and premisses To hold unto the said Arthur Morgan and Thomas Cromwell their heires and assignes for ever To the intent that they may become and be perfect tenants of the free hold of all and singular the said premisses That two or more Common Recovery or Recoveryes with double vouchers may be had and suffered thereof &c. To the use and behoofe of the said Thomas Bennett his heires and assignes for ever.

(91)

Trinity Terme 1706 Exemplification of Recovery. In Trinity Terme 1706 in the 5th year of the reign of the late Queene Anne (No.

Roll 202) Thomas Bennett accordingly suffers the recovery of the Mannors of Quidhampton and Costow and Fee farme Rent aforesaid cum pertinenciis. Which said recovery is entered upon the Roll in Foley's Office.

BROAD HINTON.

(92)

March 11th 1709 [1709-10] By Indenture Between the said Thomas Bennett of the one part and John Glanville of Broadhinton in the county of Wilts Esq. of the other part It is witnessed that the said Tho: Bennett for securing unto the said John Glanville his exc". &c. the summe of 27001. with Interest at 5 per cent' per ann' But subject and lyable in the first place to the trusts in a certain Indenture [of] even date with the said Indenture made between the said John Glanville of the one part and the said Thomas Bennett of the other part Which said summe of 27001i. is the remainder of 37281. 11. 1a. and Interest thereof at 51i. per cent' per ann' computed from the 12th Nov". then last past unto the date thereof Which said summ of 37281i. 11s. 1d. is the consideracion money mencioned in certaine Articles of Agreement Indented made between the said John Glanville of the one part And the said Thomas Bennett of the other part for the purchase by him the said Thomas Bennett of the Feesimple of the Mannors or Lordshipps of Broadhinton and other the premisses therein mencioned The which said summe of 37281i. 11a. 1a. [which] with interest for the same at the rate aforesaid from the said 12th of Nov. to the day before the date of the said Indenture amounted to 37901i. 13. 9d. is the consideracion money mencioned in certaine Indentures of Lease and Release, The Lease bearing date the 8th and Release the 10th of this instant March and made between the said John Glanville of the one part and the said Thomas Bennett of the other part And in consideracion of the summe of 2700. and also of 5o. the said Thomas Bennett granted bargained sold &c. unto the said John Glanville his exec's. &c. All the aforesaid Mannor of Costowe cum pertin' And also that the Capital Messuage or Tenemt. called Salthrop Farme Lands Tenements cum pertin' &c. thereto belonging (except as therein excepted) To hold the said Mannor of Costowe cum pertin' for the terme of 1000 years And the said Salthrop Farme cum pertin' (except as aforesaid) for the residue of a terme of 21 years to the said Thomas Bennett granted by an Indenture of Lease dated the 24th of June 1703 from the Governors of the Charterhouse then to come Subject to the Covenants &c. in the gd. Indent. of Lease on the Lessees part to be performed Vnder a Provisoe to be void on payment of the summe of 2767. 10s on the 12th of Sept' then following by the said Thomas Bennett to the said John Glanville at the place therein mencioned.

(93)

12 Decemb❜. 1713 By Endorsement on the backside of the sd. Mortgage the said John Glanville then acknowledges to have received of the said Thomas Bennett 20251i. which with the 200". and 500l. part of

the principall summ of 27001i within mencioned formerly to be by him received at severall times makes the full of the within mencioned summe of 2700 and all interest due for the same to the date hereof In consideracion whereof and of 5s to him paid by Charles Tooker Did by the direccion of the s". Tho: Benett sell and assigne the said mortgaged premisses and the residue of the terme of 1000 years and all his right &c. To hold to the said Cha: Tooker his Exo's. &c. for the remainder thereof Vpon Trust that the sd terme and estate may not be amerged or destroyed but may attend upon and be subject unto such estate and estates uses &c. as mencioned of and concerning the said mortgaged premisses in and by one Indenture Quadrupartite dat' the 17th of Sept' 1712 made between the said Thomas Bennett by the name of Thomas Bennett of Salthrop in the county of Wilts Esq'. of the first the Honble Dame Jane Wharton of Mansfeild Woodhouse in the county of Nottingham widow and relict of the Honble Sr. Thomas Wharton K'. of the Bath decd. and Eliz: Wharton spinster one of the daughters of the sd Sr. Thomas Wharton by the said Dame Jane of the 2a. part the Honble Robert Price one of the Barons of the Excheq' and Edward Ernley Esq'. of the 3a part and Edw. Ryder Esq. and John Nicholas Esq'. of the 4th part And to the further trust that that the residue of the said estate and interest of 1000 years may be kept on foot to protect the freehold and inheritance of the said mortgaged premisses from all mean estates and incumbrances whatsoever.

The only other documents described in the "abstract" are concerned with the purchase, 4th March, 1652-3, by Thomas Benett, Dr. of Laws, and John Weeks, gent., of a rent charge of 877. 18s. 1d., issuing out of the manor of Somerford, or Summerford, co. Southampton, his moiety whereof John Weeks, 8th Feb., 1658-9, released to Benet Benet and son, entering into bond 9th Feb. following, to pay Weeks a moiety thereof for term of his life.

The Society also possesses a few other documents concerned with or derived from the family of Benet, thus there is:

(94)

An Act (printed) for confirming an agreement made between Thomas Benet and Philip Saltmarsh Esquires for a partition of several Estates in the Counties of Nottingham and Dorset.

The Act recites the settlement made by Inden". of Lease and Release, 22 and 23 July, 1706, before the marriage of the said Thomas Benet, of

Salthrope, co. Wilts, esq. with Mary daughter and coheir of William Molynes of Sherfield super Lodon, co. Southampton, esq. deceased; and that she had since died, leaving issue only two daughters Mary Benet and Martha Benet, both infants; also the settlement 21 Oct. 1704 prior to the marriage of Philip Saltmarsh and Anne Molynes, the other sister and coheir, &c.

No. 134.

(95)

Indenture 3 March, 6 Geo. II. 1732 [1732-3] between Thomas Benet of Salthrop, co. Wilts esq. of the one part and William Northey, of Compton Bassett, co. Wilts, esq. and William Hawkins, of the Close of New Sarum, co. Wilts, Esq., of the other part. In conson. love and affection to Elizabeth Benet, his now wife, and that by inden, quadpartite, of even date, between Edward Ernle of Brimslade, co. Wilts, esq. of first, himself of second, himself and the said Elizabeth his wife of third and the said Northey and Hawkins of fourth part, the said Elizabeth had avoided,frustrated and annulled the use and trust touching her jointure in one inden. therein first recited, and in conson. 5. paid him by Northey and 5o. by Hawkins, the said Thomas Benet releases to Northey and Hopkins, in their actual possession by bargayne and sale to them by him made by inden. of previous day's date, &c. and to their heirs "All those Fee Farm rents issuing and payable out of and for some estate or estates in Norton Bavant Cherill Mill Studly Grange and Salthrop Farm," co. Wilts, "amounting in the whole to the value of thirteen pounds eight shillings and two pence or thereabouts which he the said Tho. Benet lately purchased of Willm. Levinze Esq.," to hold, with all deeds and evidences belonging to Northey and Hawkins and their heirs for ever, in trust to convey same to said Elizabeth Benet or such person as she shall appoint and her heirs in fee simple and to such uses as shee shall appoint. Executed by "Tho: Benet" seal, crest of Benet": "Wm Northey," seal, Northey arms; "Wm Hawkins," seal, on a base wavy (?) a lion passant, in chief three roundels, and on a canton three

Endorsed. Signed &c. by Benet in presence of John Lord, Wm Jacobs, Stephen Smith, by Northey in presence of Anthony Serlanty (?) John Holbussh (?) Richard Ingle, and by Hawkins in the presence of Martha Benet, Elisa D'Oyly, J. Clarke.

(96)

No. 128.

Letters of administration of the goods of Elizabeth Benet formerly Wharton late of Salthorpe, co. Wilts deceased granted by Thomas archbishop of Canterbury to Thomas Benet the lawfull husband

(Mem".) "Entred in Am: Soc Office Register Book 15th Sept'. 1749. J. P."

No. 133.

MALMESBURY ELECTION PETITION, 1807.

By E. O. P. BOUVERIE, F.S.A.

[Read at the Wilton Meeting of the Society, July 18th, 1906.]

This paper is on the Malmesbury Election Petition of 1807, consequent on a polling which took place on 31st October, 1806. It is founded on a pamphlet entitled "Petition of C. H. Bouverie, Esq., against the Malmesbury Election Return, 1807," which contains the proceedings of the Committee of the House of Commons on February 26th, 27th, 28th, and March 2nd, 1807, and was printed at Salisbury by J. Easton, High Street, 1807. It may be of interest here to note that Malmesbury was one of sixteen boroughs within the area of Wiltshire which each returned two members to Parliament, the others being Great Bedwyn, *Calne, *Chippenham, Cricklade, *Devizes, Downton, Heytesbury, Hindon, Ludgershall, *Marlborough, *New Sarum, Old Sarum, *Westbury, *Wilton, and Wootton Bassett. Of these Malmesbury and those marked with an asterisk preserved separate representation with at least one member down to the last Reform Bill, while Cricklade was enlarged by the addition of the voters in adjacent places. It will thus be seen that at the date in question Wiltshire with its county members had thirty-four parliamentary representatives. I will not say before this audience that our county was over-represented, but about of the House of Commons was returned from this area against about at the present time. What they represented is another matter, and doubtless a subject of interest, but it is with the intricacies of the representation of Malmesbury alone that we are concerned upon this occasion.

19

1 111

Mr. Bouverie, the petitioner, was a nephew of the then Lord Radnor, who was the owner of considerable property in the neighbourhood of Malmesbury, and it was probably due to this connexion that he put himself forward as candidate for this place. He was at the time of the election a man of twenty-four, and from