WYVILL, Sir Marmaduke, 5th Bt. (c.1666-1722), of Constable Burton, Yorks.

Published in The History of Parliament: the House of Commons 1690-1715, ed. D. Hayton, E. Cruickshanks, S. Handley, 2002
Available from Boydell and Brewer



1695 - 1698

Family and Education

b. c.1666, 1st s. of Sir William Wyvill, 4th Bt., of Constable Burton by Anne, da. of James Brookes of Ellingthorpe Hall, Yorks.  educ. Bury sch., Suff.; Trinity Coll. Camb. 1682.  m. 29 Mar. 1688, Henrietta Maria (d. 1738), da. of Sir Thomas Yarburgh† of Snaith, Yorks., 3s. 4da.  suc. fa. as 5th Bt. c.1684.1

Offices Held

Commr. excise 1702–d., salt duties 1702, soap and paper duties 1712–15.2


Wyvill was a High Tory with close connexions with the Stuarts through his wife, who had served as maid of honour to Catherine of Braganza and Mary of Modena, and it was not until June 1691 that he took ‘the oaths of fidelity to their Majesties’ at the North Riding quarter sessions. In 1695 Wyvill was successful in a contested election for Richmond, where his family had an interest, and which his grandfather, the 3rd baronet, had represented in the 1659 and 1660 Parliaments. Wyvill was classed as ‘doubtful’ in the forecast for a division on the proposed council of trade on 31 Jan. 1696. He refused to sign the Association at first, it being reported that he spoke in the House on behalf of the ‘Non-Associators’, stating that

they were all willing to do it with these explanations: first, that rightful and lawful was only according to the act of settlement, and second, that revenge means no more than to bring to justice by all lawful ways. This was denied by the House.

However, on 3 Apr. Wyvill finally signed. On 20 Mar. he told in favour of fixing the price of guineas at 25s., and on 22 Apr. against the second reading of a clause for the supply bill relating to receivers.3

In the 1696–7 session Wyvill took an active part in opposing the attainder of Sir John Fenwick†. On 16 Nov. he spoke twice in the debates on the attainder, initially stating that

I desire to take notice of one argument that hath been made use of by one or two honourable persons; which is, that they tell us, that [Cardell] Goodman hath been tampered with by Sir John Fenwick: I remember no such thing hath been proved; but indeed it was said, that Mr Dighton offered Mr Roe £100 a year to invalidate Mr Goodman’s testimony.

Later in the debate Wyvill objected that the evidence given against Peter Cook, another conspirator, was being used against Fenwick. He also told against allowing the information of Goodman to be read; and on the 25th was teller against the motion to pass the bill to attaint Fenwick. The previous day he told in favour of an amendment for including clipped as well as hammered money in the scope of the recoinage bill. In January 1697 he acted as a teller against granting Sir Richard Temple, 3rd Bt., further leave of absence (2nd), and against passing the land tax bill (26th). He told on 3 Mar. in favour of laying a further duty on cider and perry, and on 15 Apr. against passing the bill for better preventing the counterfeiting of coin. In the following session, on 22 Dec., he acted as a teller in favour of committing a bill to prevent the throwing of fireworks. He also reported to the House on three petitions, including, on 2 June, the petition of the inhabitants of York and London concerning money detained at the mints. On 29 June he carried up a message relating to the bill for the easier return of juries. Although he did not stand for election in 1698, a comparative analysis of the old and new Commons in September classed him as a member of the Country party ‘left out’ of the new Parliament.4

In July 1701 it was rumoured that Wyvill planned to contest the next election in Ripon. However, he did not stand, though he continued to take an active interest in Yorkshire elections. In 1702 he addressed the grand jury at Thirsk, and appealed to them to vote for Sir John Kaye, 2nd Bt.*, in the forthcoming county election. After the accession of Queen Anne, Wyvill became a commissioner of excise at a salary of £800 p.a., as well as a commissioner of salt duties at £500 p.a., while his daughter Anne became a maid of honour to the Queen in 1707 at £300 p.a. Indeed, his family did extremely well in the acquisition of places since his eldest son, Marmaduke†, became postmaster-general in Ireland, his second son accountant-general of the excise, his third a commissioner of excise, and his own brother a collector of excise. After the Hanoverian succession Wyvill rallied to the Whig regime and remained on the excise commission until his death at his house in Great Ormond Street, London, on 2 Nov. 1722. He was buried on the 7th at St. Andrew’s, Holborn. Wyvill’s eldest son succeeded him as 6th baronet, and in 1727 was elected for Richmond, having been defeated at previous elections in 1713 and 1715.5

Ref Volumes: 1690-1715

Authors: Eveline Cruickshanks / Ivar McGrath


  • 1. Dugdale’s Vis. Yorks. ed. Clay, ii. 436–7; T. D. Whitaker, Richmondshire, i. 322.
  • 2. Cal. Treas. Bks. xvii. 238, 406; xxvi. 288; xxix. 156, 844; Boyer, Anne Annals, i. 50.
  • 3. CSP Dom. 1690–1, p. 415; R. Fieldhouse and B. Jennings, Hist. Richmond and Swaledale, 413; Bodl. Ballard 21, f. 101; A. Browning, Danby, iii. 200; HMC Var. viii. 81.
  • 4. Cobbett, Parlty. Hist. v. 1040, 1046.
  • 5. N. Yorks. RO, Swinton mss, Danby pprs. ZS, John Aislabie* to Sir Abstrupus Danby*, 11 July 1701; W. Yorks. Archs. (Leeds), Temple Newsam mss TN/C9/243, Thomas Lumley to John Roades, 2 May 1702; Cal. Treas. Bks. xxvi. 343; xvii. 238; xxii. 99; Clay, 436–7.