Page:Dictionary of National Biography volume 03.djvu/253

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Barnardiston
247
Barnes

Ketton. He married Ann, daughter of Sir William Armine [q. v.], of Osgodby, Lincolnshire. Their eldest son, Thomas, succeeded to the baronetcy on his father's death; was twice returned to parliament for Great Grimsby (1685 and 1689), and thrice for Sudbury, Suffolk (1690, 1695, and 1698); he died in 1698. The baronetcy became extinct in 1745.

[Davy MS. Suffolk Collections, xl. 353 et seq. in Brit. Mus. (Addit. MS. 19116); Proc. Suffolk Instit. Archæol. iv. 143–8.]

S. L. L.

BARNARDISTON, THOMAS (d. 1752), legal reporter, was educated at the Middle Temple, and created a serjeant-at-law 3 June 1735. He died 14 Oct. 1752, and was buried on the 20th at Chelsea.

His reports in Chancery were published in folio, 1740, 1741, and 1742; and his ‘Reports of Cases adjudged in the King's Bench,’ from 12 Geo. I to 7 Geo. II, were published in 2 vols. folio in 1744. Sir James Burrow asserts that ‘Lord Mansfield absolutely forbid the citing of Barnardiston's reports in Chancery, for that it would only be misleading students to put them upon reading it (sic). He said it was marvellous, however, to those who knew the serjeant and his manner of taking notes, that he should so often stumble upon what was right, but that there was not one case in his book which was so throughout.’ And Lord Lyndhurst remarks: ‘I recollect in my younger days it was said of Barnardiston that he was accustomed to slumber over his note-book, and the wags in his rear took the opportunity of scribbling nonsense in it.’ Lord Manners, on the other hand, said on one occasion: ‘Although Barnardiston is not considered a very correct reporter, yet some of his cases are very accurately reported;’ and Lord Eldon, in reference to the same work, observed: ‘I take the liberty of saying that in that book there are reports of very great authority.’ A comparison of the volumes with the registrar's book has proved that Barnardiston for the most part correctly reported the decisions of the court. His reports have a peculiar value from the fact of their containing the decisions of the great Lord Hardwicke.

Barnardiston's King's Bench reports also have been repeatedly denounced, and yet they are frequently cited.

[Faulkner's Chelsea, ii. 136; Clarke's Bibliotheca Legum, 348; Bridgman's Legal Bibliography, 12; Stevens and Hayne's Bibliotheca Legum, 9; Woolrych's Serjeants-at-Law, ii. 537; Burrow's King's Bench Reports, ii. 1142 n.; Marvin's Legal Bibliography, 94; Wallace's Reporters, 261, 322; Notes and Queries, 4th ser. i. 580; Gent. Mag. xxii. 478; Bromley's Cat. of Engr. Portraits, 285.]

T. C.

BARNBARROCH, Lord (d. 1597), Scottish judge. [See Vane, Sir Patrick.]

BARNES, AMBROSE (1627–1710), nonconformist, of Newcastle, the eldest son of Thomas Barnes, a prominent puritan of Startforth, Yorkshire, was born there in 1627; was apprenticed to a merchant adventurer of Newcastle in 1646; showed remarkable aptitude for trade; became a merchant adventurer in 1654–5; was alderman of Newcastle in 1658, and mayor in 1660–1. An ardent puritan from his youth, Barnes strove to alleviate the sufferings of the nonconformists in the north during the reign of Charles II, and was for some time imprisoned in Tynemouth Castle for holding prayer-meetings in his own house. He was the intimate friend of Richard Gilpin, Simeon Ashe, Edmund Calamy, and Joseph Caryll, and often met Richard Baxter at the London house of Alderman Henry Ashurst [q. v.] He died 23 March 1709–10. He married Mary Butler in 1655, and had by her seven children. His eldest son Joseph was recorder of Newcastle from 1687 to 1711, and his son Thomas was minister of the independent congregation from 1698 till his death in 1731. Barnes wrote a ‘Breviate of the Four Monarchies,’ an ‘Inquiry into the Nature, Grounds, and Reasons of Religion,’ and a ‘Censure upon the Times and Age he lived in.’ Extracts only from these works, which all display much learning, have been published; but they remain in manuscript in the library of the Literary and Philosophical Society of Newcastle, together with a very elaborate, though discursive, life of their author (dated 1716) by an unidentified writer, who signs himself ‘M. R.’ Barnes's memoirs and works were printed in an abridged form by the Newcastle Typographical Society in 1828, and again in a completer shape, with elaborate notes, by the Surtees Society in 1867, under the direction of Mr. W. H. D. Longstaffe. The ‘Life’ shows Barnes to have been a man of high and independent character, and to have enjoyed the regard of men of all religious and political parties. He hated Charles II, whom he saw in London when he presented a petition to the privy council in behalf of the municipal rights of Newcastle, but he showed much respect for James II.

[Memoirs of Ambrose Barnes, Surtees Society, 1867.]

BARNES, BARNABE (1569?–1609), poet, a younger son of Dr. Richard Barnes [q. v.], bishop of Durham, was born in Yorkshire about the year 1569. He became a student of Brasenose College, Oxford, in 1586, and left the university without taking his