House of Lords Journal Volume 14: 9 December 1690

DIE Martis, 9 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Cornbury's Bill.

The Lord Viscount Weymouth reported from the Committee, the Bill, intituled, "An Act to give Katherine Lady Cornbury certain Powers to act as if she were of full Age," with some Amendments.

Which were read Twice, and agreed to.

ORDERED, That the said Bill be engrossed, with the said Amendments.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Wynne and others:

Who brought up a Bill, intituled, "An Act to annul and make void a Marriage between Mary Wharton an Infant and James Campbell Esquire;" and to desire their Lordships Concurrence thereunto.

Wharton and Campbell, Bill to annual their Marriage.

Hodie 1^a vice lecta est Billa, "An Act to annual and make void a Marriage between Mary Wharton an Infant and James Campbell Esquire."

Upon the First Reading of a Bill, intituled, "An Act to annual and make void a Marriage between Mary Wharton an Infant and James Campbell Esquire:"

It is ORDERED, That the said Bill shall be read the Second Time on Thursday next, in a full House; and that all the Lords be summoned then to attend.

Johnsen versus Broomhall.

Upon reading the Petition of Henry Johnson; praying, "That the Order made Yesterday, for reversing a Decree made on his Behalf against Thomas Bromhall, may not be confirmed, but be left to a Trial at Law upon the Deed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be rejected.

Masters of The Rolls usually summoned as Assistants.

The Lord North reported from the Lords Committees for Privileges, in the Case of the Master of The Rolls referred to them; relating to his Claim of a Writ of Summons to be an Assistant of this House, "That their Lordships find, that in the Pawnes in the Petty-bag Office (produced before them), are entered Writs, whereby it appears, that the Masters of The Rolls, in most of the Parliaments since the 36 Hen. VIII. have been called as Assistants to this House."

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Aron Pingry, who brought the Pawnes before the Committee, do attend the House To-morrow, at Ten of the Clock in the Forenoon, to attest the Truth of the Pawnes, and that they are all that are in his Office; at which Time the House will take (fn. 1) this Report into Consideration; and that all the Lords in and about the Town be summoned then to attend this House.

Vacating Written Protections.

The Earl of Fauconberge reported, from the Committee appointed to draw an Order for vacating all Written Protections, the Draught of an Order by them drawn for that Purpose.

Upon reading whereof, and Debate thereupon, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee To-morrow, at Ten of the Clock in the Forenoon, to consider of the Abuses in giving such Protections, and what Remedies are fit to be used for preventing such irregular and numerous Protections for the future.

E. of Dorset versus Powle.

Upon hearing Counsel this Day at the Bar, upon the Petition of Charles Earl of Dorsett & Midd'x; shewing, "That, in the Year 1679, upon a Treaty of Marriage between Frances late Countess Dowager of Dorsett Mother of the said Earl with Henry Powle Esquire, it was by several Conveyances (sealed and executed by the said Countess and Mr. Powle) agreed; that the said Countess, notwithstanding the Coverture between the said Mr. Powle and the said Countess, she should receive, and dispose at her own Will and Pleasure to such Uses as she should think fit, all the Rents and Profits of all her Lands and Tenements, and all her Personal Estate, and the Proceed thereof, and that the said Mr. Powle should not intermeddle therewith, or have any Benefit or Advantage thereby, in Law or Equity; and that, pursuant to the said Agreements, and the Powers thereby reserved, the said Countess, after the Payment of her Debts, Funerals, and some particular Legacies, had, by her Deed of Disposition, will, Codicil, or Appointments duly executed, disposed and appointed the Surplus, Rest, and Residue of her Personal Estate, and all the Rents of her Real Estate, to the Petitioner her Son; and that the said Mr. Powle, contrary to his Agreements, claimed the Rents of the Real Estate of the Countess incurred at her Death, and great Part of her Personal Estate; the said Earl brought his Bill in the Court of Chancery, to have the said Marriage Agreements, Deeds of Disposition, and Appointments, confirmed and performed by Mr. Powle; and Mr. Powle brought his Bill in the said Court, for recovering Part of the Personal Estate of the said Countess; and that, on Pretence of some Defect in the penning of the several Deeds, the Court of Chancery had, by several Orders, ordered and decreed to Mr. Powle the greatest Part of the Personal Estate of the Countess, and of the Rents of her Lands and Real Estate; and praying, that the Decree and Orders of the Court of Chancery in the Petition mentioned may be reversed, and that their Lordships would make such Order for the Petitioner's Relief as should be just;" as also upon hearing Counsel upon the Answer of Henry Powle Esquire, Master of The Rolls, put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, and of the several Deeds and Writings then read, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the Decree or Orders made by the Court of Chancery as are complained of in the Petition of the said Earl shall be, and are hereby, reversed; and that the Appellant shall have and receive all the Arrears of the Rents, Monies, and Personal Estate, belonging to the said Countess at the Time of her Death, except such Part thereof as are by the said Countess given to the said Mr. Powle; and that the Court of Chancery are to order the same to be done accordingly.

Bill to reverse a Judgement against Arnold, rejected.

The House was moved, to go on with the Debate adjourned to this Day, concerning the rejecting of the Bill, intituled, "An Act for reversing a Judgement given in the Court of King's Bench, against John Arnold Esquire."

Then the Question was put, "Whether this Debate shall now be proceeded upon?"

It was Resolved in the Affirmative.

Then the House proceeded in Debate thereof.

And, after some Time spent therein, it is ORDERED, That the said Bill shall be, and is hereby, rejected.

Adjourn.

Rob'tus Atkins; Miles de Balneo; Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, (videlicet,) 10^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.