House of Lords Journal Volume 19: 7 February 1711

Die Mercurii, 7 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hubbald's Petition referred to Judges.

Upon reading the Petition of William and Edward Hubbald, the Infant Children of William Hubbald, deceased, by Henry Durley and Nathan Hickman, their next Friends and Guardians; and also of the said Nathan Hickman and Elizabeth his Wife, and Henry Durley and Mary his Wife, and Edw'd Hubbald of Guilford; praying Leave to bring in a Bill, for vesting in Trustees the Real Estate in the Petition mentioned; and also the Personal Estate of Edward Hubbald the Grandfather, not actually administered by the said William his Executor; as also the Personal Estate of the said William the Father; to be sold, for Payment of Twelve Thousand Pounds Debt to Sir Stephen Evance, and for discharging an Annuity of One Hundred Eighty-nine Pounds, payable to Henry St. John Esquire, out of the Money to be raised by the Sale of Merton Abby; and applying the Surplus of the Whole, first providing the Sum of Four Hundred Pounds for the Petitioner Edward Hubbald of Guilford, and his Children, in Lieu of his Annuity; and for providing a Portion of Two Hundred Pounds for the Petitioner Edward Hubbald the Grandson; and for applying what shall remain to and for the Petitioner William Hubbald the Grandson:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Blencowe and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mason versus Attorney General, in Error.

Whereas Friday next was appointed, for hearing the Errors argued upon the Writ of Error depending in this House, wherein Gawen Mason is Plaintiff, and Her Majesty's Attorney General Defendant:

It is (with the Content of the Parties) Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Saturday the Seventeenth Day of this Instant February, at Eleven a Clock.

Leighton, a Protection, to attend the Hearing of the Cause.

Upon reading the Petition of Colonel Baldwin Leighton; shewing, "That there being a Writ of Error depending in this House, brought by one Gawen Mason, to reverse a Judgement given for Her Majesty, touching the Office of Warden of The Fleet, in which the Petitioner is concerned in Interest, having a Grant of the said Office from Her Majesty; and, to prevent the Petitioner's Attendance upon the said Cause, they threaten to arrest him, upon several feigned Actions; and praying the Protection of this House, to attend until the said Writ of Error be determined:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Colonel Baldwin Leighton shall have the Protection of this House, for his safe coming, staying, and returning, until the said Writ of Error shall be determined; whereof all Persons concerned are required to take Notice, and yield Obedience thereunto accordingly.

Willims versus Duncombe, in Error;

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House, from Her Majesty's Court of Queen's Bench at Westminster, the Two and Twentieth Day of December One Thousand Seven Hundred and Ten, wherein Judgement is entered for Thomas Duncombe, against Roger Willims, in Her Majesty's Court of Common Pleas at Westminster, and the Affirmation thereof by the said Court of Queen's Bench:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of Common Pleas for the said Thomas Duncombe against the said Roger Willims, and the Affirmation thereof in the said Court of Queen's Bench, shall be, and are hereby, reversed; and that the Record be remitted, to the End the said Roger Willims may be restored to all that he has lost by reason of the said Judgement and the Affirmance thereof.

Judgement reversed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, followeth; (videlicet,)

"Super quo, postea, scilicet, Septimo Die Februarii, Anno Domini Millesimo Septingentesimo Decimo, visis et per Dominos Spirituales et Temporales hic in Parliamento assemblat. plenius intellectis omnibus et singulis Præmissis, maturaque Deliberatione inde habita, pro eo quod videtur præfatis Dominis Spiritualibus et Temporalibus hic, quod in Record. et Process. præd. ac etiam in Reddition. et Affirmation. Judicii præd. manifest. est Errat.; considerat. est quod Judicium prædict. ac Affirmation. Judicii prædict. ob Errores ill. et al. in Record. et Process. præd. existen. revocentur, adnullentur, et penitus pro nullo habeantur; et quod præd. Rogerus Willims ad omnia quæ ipse Occasione Reddition. Judicii et Affirmation. ejusdem Judicii præd. amisit restituatur, &c."

Protest, 3d Instant, to be considered.

The House being moved, "That some Part of the Reasons, for the Protection against the Resolutions of this House, entered in the Journal on the Third Instant, may be expunged;"

And a Debate arising thereupon:

Ordered, That the said Debate be adjourned till To-morrow, at Twelve a Clock; and all the Lords summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.