Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 19 die Decembris.
The Earl of Bridgewater reported from the Committee, the Bill, intituled, "An Act for the vesting several Messuages and Tenements in the City of London (late the Estate of John Baines Gentleman, deceased,) in Trustees, to be sold, for Payment of Debts;" as fit to pass, without any Amendments.
Hodie 3a vice lecta est Billa, "An Act for the vesting several Messuages and Tenements in the City of London (late the Estate of John Baines Gentleman, deceased,) in Trustees, to be sold, for Payment of Debts."
East India Goods, &c. Duty Bill.
Hodie 3a vice lecta est Billa, "An Act for granting to Their Majesties certain Impositions upon all East India Goods and Manufactures, and upon all Wrought Silks, and several other Goods and Merchandizes, to be imported after the Twenty-fifth Day of December, One Thousand Six Hundred and Ninety."
Message to H. C. with it; and Baines' Bill:
Wines and Tobacco Duty on, Bill.
Message from H. C. with the E. of Salisbury's Bill.
To return the Bill, intituled, "An Act for limiting the Power of James now Earl of Salisbury to cut off the Entail of his Estate;" and to let their Lordships know, they have agreed to the Amendments made to the said Bill by this House.
Message from thence, to return Williams's Bill.
Message to them, that the Lords agree to their Amendments in it.
Powle versus E. of Dorset.
Upon reading the Petition of Henry Powle Esquire Master of The Rolls; shewing, "That, upon the Hearing of the Appeal between the Earl of Dorsett and the Petitioner, upon the Ninth Instant, the House did adjudge, that, by the Marriage Agreements between the late Countess of Dorsett and the Petitioner, she had Power to dispose of the Rents and Profits of her Real Estate as well as her Personal, and did therefore reverse the former Decree in that Particular; and did order, That the Earl should receive all the Arrears of Rents belonging to the Countess at the Time of her Death, whereas great Part of the Rents then due did incur after the making of her last Deed of Disposition, whereby she gave to the said Earl the Arrears of Rents then in her Tenants Hands, without making any Appointment of what should become due afterwards; and praying such Explanation of the former Order, as that it may not extend to any of the Rents or Profits of the Real Estate of the said Countess, of which she made no Disposition at all in her Lifetime, and which he humbly conceived did belong to him, as he was her Husband and Administrator;" and further shewing, "that there is not any Provision in the said Order, that the Debts of the Countess should be paid out of her Estate given to the Earl, according as she hath directed by her Deed of Appointment, of the 21th of March, 1682; nor that the Petitioner should be reimbursed such Monies as he hath laid out in Discharge of the Countes's Debts since her Death; nor that he should be secured by the said Earl against any Actions or Suits in Law or Equity, that are, or may be, brought against him for any of the said Debts; or for or by reason of any Covenants or Agreements which the Petitioner has entered into at the Request of the Countess, according as is provided by the Marriage Settlement; and praying their Lordships to take the Premises into their Consideration, and to make such Explanation of their Order as their Lordships should think most agreeable to Justice;" and upon hearing Mr. Powle, upon his Petition, in his Place as Assistant, and reading the former Order and Judgement of this House:
Burrows, Leave to proceed against Dod & al. at Law.
Upon hearing Counsel this Day, at the Bar, upon the Petition of Thomas Burrows, and also Counsel on the Behalf of Anne Dod, Magdalen Johnson, and others in their Petition named, upon this Point only, "Whether Thomas Burrows ought to have Liberty to try his Title at Law:"
Upon due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That nothing in the former Orders or Judgements contained, or made in this Cause, shall debar the Petitioner Thomas Burrowes from prosecuting his Right and Title to the Estate in Question at Common Law; and he is hereby at Liberty to prosecute the same accordingly.
Sedgewick versus Hitchcock & al.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Obadia Sedgwick is Plaintiff, and Geo. Hitchcocke and others are Defendants, To-morrow, at Nine of the Clock in the Forenoon; and that all the Judges do then attend the House.
Rob'tus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 20um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.