MOST humbly shew unto Your most Excellent Majesty , Your most Dutiful Subjects , Francis Godolphin Esq ; and Charles Godolphin Esq ; and Elizabeth his Wife ( Your said Suppliants Francis Godolphin , and Elizabeth the Wife of the said Charles Godolphin , being Administrators of the Goods and Chattels of Sir William Godolphin Kt. deceased ) That divers good Laws have been made to prevent the Conveying Estates of the Subjects of this Realm for the Maintenance and Support of Superstitious Uses . And whereas Sir William Godolphin Kt. a Subject of this Your Majesties Kingdom of England , who Lived at Madrid in the Kingdom of Spain , being there surrounded by Fryers , Priests and Jesuits as he lay Bedrid , was influenced to consent to an Act before a Publick Notary , on or about the Thirtieth of March , One thousand six hundred ninety six , whereby it was signified , that Four Persons named therein ( viz. ) Don Mathias de Escolar Abbot of the Basillians , Geronimo Guerrero Procurator General of the Jesuits , Don Balthasar de Cabredo a Secular Priest , and Don Antonio de Cendoya a Lawyer , should be his Testamentarios , which Designation is thus explained in the Instrument ( viz. ) To the end that as soon as he the said Sir William Godolphin departed out of this Life , they should Make and Constitute his Last Will and Testament , expressing therein the Gifts , Legacies , Foundations of Memories , Good-works , Patronages and other Dispositions which he the said Sir William had Communicated to them , to be disposed of in such Manner and Form as should appear to them the said Testamentarios , to be most Requisite and Convenient , giving to each of the said Four a Legacy in the said Instrument , and certain Sums for Superstitious Uses , adding Two other persons ( viz. ) Francis Arthur and Bruno Bernardo de Quiros , to be joyned with the former Four , to Execute the Will which should be made after his death by the said Four for the Good of his Soul , which was declared his Universal Heir in the said Instrument , thereby Revoking , Disannulling and Making Void all other Wills , Codicils , Powers to make Wills , or any Dispositions , which he the said Sir William Godolphin might have made heretofore either by Word or Writing , or in any other Form , to the end they might have no Force , nor avail in any Court of Justice or otherwise , and desiring that Power should be fulfilled and executed , and the Will which should be made pursuant thereunto , as his last and determined Will , in such Form as might make it most available in Law . And whereas after the passing the said Notarial Act , ( viz. ) about the latter end of June in the same year , the said Sir William Godolphin proposing to make his Last Will Nuncupative or Testamentary Disposition , did then declare several Legacies he would give to certain of his Relations in England , which Legacies were by his order set down in W iting , and Read to , and Acknowledged by him to be his Last Will , and which has been since proved by the Oaths of Three Witnesses , Sworn by Commission out of the Prerogative Court of Canterbury , and Administration of all the Goods of the said Sir William Godolphin granted to the Two Principal Legatees , viz. Francis Godolphin and Elizabeth Wife of Charles Godolphin ( being also the only surviving persons next of Kin , in equal degree to the said Sir William Godolphin ) with the said Testamentary Disposition annexed in the Words following : ( viz. ) Memorandum , That in or about the latter end of June or beginning of July , in the year of our Lord , One thousand six hundred ninety six , Sir William Godolphin Kt. then residing at Madrid in the Kingdom of Spain , and in the place of his usual habitation there , being then sick of the sickness whereof he Died , but being of sound and perfect Memory , having an Intent to declare and make his Last Will Nuncupative or Testamentary Disposition , did order and direct Don Antonio Cendoya to put down in Writing these following Legacies to be the Gifts , Legacies and Bequests of him the said Sir William Godolphin , in that his last Will ; and the said Sums of Money and Legacies were accordingly wrote down , at the Will and Request of Sir William Godolphin by the abovesaid Don Antonio Cendoya , and afterwards the said Writing , which contained and Specified the several Gifts and Legacies following , was Read to the said Sir William Godolphin , and Approved and Declared by him to be his Last Will ; the which Gifts , Legacies and Bequests above mentioned , which Sir William Godolphin owned to be his Last Will , are as follows , ( viz. ) Imprimis he Gave and Bequeathed to his Nephew Francis Godolphin Esquire , all his Lands in England , and also to his said Nephew Francis Godolphin Seven thousand Pounds Sterling , besides to each of his Four Children , viz. One Son and Three Daughters , One thousand Pounds Sterling : Also he gave to his Neece Mistress Elizabeth Godolphin , Wife to the Honourable Charles Godolphin Esquire , Four thousand Pounds Sterling , and likewise to the said Charles Godolphin her Husband , One thousand Pounds Sterling ; and to his Uncle Master Francis Bluet Two hundred Pounds Sterling . All which Last Will , Gifts and Bequests were Wrote down and Read to the said Sir William Godolphin in the Spanish Tongue , and were Approved , Agreed unto , and Owned by him as his Last Will in the Spanish Tongue ; likewise in the Presence of us who were desired to take Notice thereof : All which we Testifie upon Oath , Witness our Hands this Eighteenth day of September ( New Stile ) Anno Domini , One thousand six hundred ninety six , Thomas Gray , John March , Lewis Cavelero ; Sworn , Signed and Executed in Presence of us William Thomas , Jezreel Jones , Samuel Allston . And whereas according to the Laws of this Realm , no Man can give Power or Authority to another , to make his Will for him after his Death ; And if it were otherwise , the Estates of such of His Majesties Subjects , who-should happen to dye beyond the Seas , would run great Hazard of being Alienated from the right Heirs and Relations of the said Persons , under Colour of such delegated Authority ; and yet nevertheless forasmuch as some Persons who have been Trusted in the Management of the said Sir William Godolphin's Estate in England , have with several others Imployed therein beyond the Seas , used great endeavours to set up the said Notarial Act , and a Pretended Will or Disposition , made , or supposed to be made after the said Sir William Godolphin's Death , under Colour of the same . And whereas by such Pretext , the Legal Administrators of the said Sir William Godolphin have been hitherto delayed , and hindred in Recovering his Estate , whereby to discharge the several Legacies in the said Testamentary Disposition , as well as to Possess themselves of the Residuary Part , which being not otherwise disposed of by the said Sir William in his Life time , of Right belongs to them as next of Kin. For Remedy therefore in the Premisses , may it please Your most Excellent Majesty , that it may be Enacted and Declared : And be it Enacted and Declared by the Kings most Excellent Majesty , ☞ by and with the Advice and Consent of the Lords Spiritual and Temporal , and the Commons in this present Parliament Assembled , and by the Authority of the same , That the Clauses in the said Notarial Act of the Thirtieth of March , One thousand six hundred ninety six , whereby any Powers or Authorities are pretended to be given to the persons in the said Notarial Act Named , or any of them , or any others , to make the said Sir William Godolphin's Will after his Death are Null and Void , and shall be Deemed and Taken to be Void and of none Effect ; And that the other Clauses in the same Notarial Act mentioned , whereby the said Sir William Godolphin Declares his Soul his Universal Heir , are likewise Null , Void and of none Effect in Law . And be it further Enacted by the Authority aforesaid , That all Wills , Codicils , Powers to make Wills , and Dispositions in any manner made or declared by the said Sir William Godolphin , before the making the said Notarial Act of the Thirtieth of March , One thousand six hundred ninety six ( the same being therein solemnly Revoked , Disannull'd and made Void ) shall be , and the same are hereby Declared to be Revoked , Disannulled and made Void to all Intents and Purposes ; and that the said Administration Granted to the said Francis Godolphin , and Elizabeth ( the Wife of the said Charles Godolphin ) his Sister , of the Estate of the said Sir William Godolphin , with the said Nuncupative Will before mentioned Annexed ( the same being solemnly declared by him some few days before his Death , in the presence of three Credible Witnesses , who were duly Sworn by Commission out of the Prerogative Court of Canterbury ) is well Granted , and shall be deemed and taken to be good and effectual in the Law , to all intents and purposes whatsoever , in all Courts of Law and Equity , the said Notarial Act of the Thirtieth of March , One thousand six hundred ninety six , or any Powers Death , or any former or other Will , or pretended Power to make a Will , Made , Given , Granted or Declared by the said Sir William Godolphin , before the making the said Notarial Act , in any wise notwithstanding .

And it is Declared , That nothing in this Act contained , shall be Construed to make void the Specifical Legacies , in and by the said Notarial Act Given to the said Don Mathias de Escolar , Geronimo Guerrero , Don Balthasar de Cabredo , Don Antonio de Cendoya , Francis Arthur , and Bruno Bernardo de Quiros , but that such Legacies , with any other Sums specially mentioned therein , shall remain a Charge on the Estate of the said Sir William Godolphin , to be Paid out of the same , so as and provided that the said Don Mathias de Escolar , Geronimo Guerrero , Don Balthasar de Cabredo , Don Antonio de Cendoya , Francis Arthur , and Bruno Bernardo de Quiros , or some of them , do Account unto the said Francis Godolphin , and Elizabeth the Wife of the said Charles Godolphin , the said Administrators for the Estate of the said Sir William Godolphin , in the said Kingdom of Spain , or other places beyond the Seas , and Pay the same as they the said Administrators shall direct .

And whereas it doth appear , ☜ That the said Sir William Godolphin did by a Writing before his going out of England , Solemnly declare his Intention of leaving Three thousand Pound Sterling , to and for the Education and Maintenance of Poor Scholars , the Relief of Decayed Virtuous Gentlemen , the Redemption of Prisoners , the placing out Poor Children to Trades , or other such like Pious and Charitable uses , under the direction of certain Persons named in the said Writing , ( who are all since Dead ) and did also express his Intention of giving to the Poor of the Town of Camilford , in the County of Cornwall , the Sum of Twenty Pounds , to the Poor of the Town of Liskerd , in the said County , Ten Pounds , and to the Poor of the Parish of St. Mabin , in the said County also , Ten Pounds ; Now to the end the said Pious and good Intentions may not be Frustrated , Be it further Enacted by the Authority aforesaid , That the Administrators of the said Sir William Godolphin do enter into several Recognizances in the High Court of Chancery , at the time when the Estate of the said Sir William Godolphin now in that Court , shall be delivered up to them , to secure the Payment of the said Three thousand and fourty Pounds , in manner following , ( That is to say ) the said Francis Godolphin one of the Administrators in one Recognizance , to secure the Payment of one Moiety thereof , or Fifteen hundred and twenty Pounds , and the said Charles Godolphin on behalf of his Wife Elizabeth , the other Administrator , in another Recognizance , to secure the like Sum of Fifteen hundred and twenty Pounds , being the other Moiety ; which said Sums shall be taken out of such part of the Estate of the said Sir William Godolphin , now beyond the Seas , as shall first come to the hands of the said Administrators , after the Charge deducted for recovering the same ; and in case so much shall not be recovered of the Estate beyond the Seas , within the space of three years , the compliment of the said Sum , shall be made up by the said Administrators , out of the Residue of the said Sir William Godolphins Estate in England , if any such there be , after just demands Paid , and Legacies given in the said Nuncupative Will satisfied ; and the said several Sums of Fifteen hundred and twenty Pounds severally Secured by the said Administrators , shall be by them proportionably ( that is to say ) by each of them for his part , respectively Applied to such Pious and Charitable uses , as are before particularly specified and mentioned ; and the said Recognizances or either of them , shall not be Discharged , without a Certificate from the Lord Arch-Bishop of Canterbury , or the Lord High Chancellor of England , or the Lord Keeper of the Great Seal , or one of them now or for the time being , that the Sum of Fifteen hundred and twenty Pounds , Secured by such Recognizance appears to have been applyed , vested , or disposed for such Pious and Charitable uses , as may answer the Intention of the Donor , to the satisfaction of the said Lord Arch-Bishop , or Lord Chancellor , or Lord Keeper of the Great Seal for the time being .