House of Lords Journal Volume 19: 19 December 1709

DIE Lunæ, 19 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hayward's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making effectual the Provisions intended by William Hayward, late of Quedgley, in the County of Gloucester, Esquire, deceased, for Payment of his Debts, and providing Portions for his Younger Children."

Ordered, That the said Bill be read a Second Time To-morrow.

L. Howard of Eff. Privilege;

Upon reading the Petition of the Right Honourable Thomas Lord Howard, Baron of Effingham; setting forth, "That his Wife (before her Marriage) did, by Lease, dated the Six and Twentieth of January One Thousand Seven Hundred and Five, demise Part of the Manor of Moyglare, in the Kingdom of Ireland, to Richard Jones Esquire, for Nineteen Years, at the Rent of Five Hundred and Fifty Pounds per Annum; that, Mr. Jones being very much in Arrear of Rent, and insisting upon very extravagant Demands for Monies he pretended to have laid out about Repairs, the Petitioner sent his Steward Thomas Bowyer into Ireland, to endeavour to receive the Arrears, with full Power to recover the same; which he being able to receive but a small Part of, did, by the Petitioner's Directions, to get rid of Mr. Jones from being Tenant, treat with him for the surrendering his Lease, and parting with his Interest therein; and accordingly they did agree, that, upon the Allowance of Three Hundred Pounds out of the Arrears of Rent (wherein all Repairs were to be included) Mr. Jones should absolutely surrender and deliver up his Lease, and all his Interest therein, to Mr. Bowyer, for the Petitioner's Use; and accordingly Mr. Jones did deliver up his Lease to the said Bowyer, and Mr. Burgh the Petitioner's Counsel; and at the same Time entered into Bond, and gave a Warrant for Judgement for Two Thousand Pounds, for the Payment of the Arrears within Thirty Days; and desired the Petitioner's Steward to write a Letter to George Isdell, the Petitioner's Bailiff upon the Estate, to order the Undertenants to pay Mr. Jones the Rents that were then in their Hands to Michaelmas One Thousand Seven Hundred and Eight, but no longer; and a Letter to that Purpose was accordingly wrote, which was sent to the Bailiff, and he gave Notice to the Tenants accordingly; whereupon the Petitioner's Steward did cancel the Lease, and enter peaceably upon the demised Premises, and into the Mansion-house, and took Possession thereof in the Name of all the demised Premises; and the Under-tenants, by a Writing signed by them, did attourn, and become Tenants to the Petitioner; but, notwithstanding all these Transactions, Mr. Jones, on the Seventeenth of February last, whilst the Petitioner was attending his Service in Parliament, in a very violent, furious, and threatening Manner, re-entered on the Premises, and there met the Petitioner's Bailiff, and immediately, without any Warrant, and in a very illegal and arbitrary Manner, sent him to Gaol; and he also entered into the Manor-house, and took Possession of the same, and, by threatening Expressions, forced several of the Tenants to re-attourn, and spoke very contemptuous and disrespectful Words of the Petitioner and the Peerage of Great Britain, by which the Petitioner hath lost the Possession of his Estate, and is still kept out of the same; and praying the Consideration of the House in this Matter; and that the Petitioner may be restored to the Possession of his Estate, and quieted in the same, during the Privilege of Parliament; and that Mr. Jones may attend, to answer for the high Indignity and Contempt of this Honourable House:" As also upon Oath made at the Bar, by the said Thomas Bowyer and George Isdell, who attested the Truth of the Substance of the Matters aforesaid:

Possession of the Manor of Moyglare to be restored to him, and Jones to be attached.

It is therefore Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy and Deputies, do forthwith attach the Body of the said Richard Jones, and bring him in safe Custody to the Bar of this House, to answer his high Indignity and Contempt to this Great Court, and the Violation of the Privilege due to the Lord Howard of Effingham: And it is further Ordered, That the Sheriff of the County of Meath, wherein the Manor of Moyglare is, or such other Officer of the said County whom it concerns, do forthwith put the Petitioner the Lord Howard of Effingham, or such Person as his Lordship shall appoint, into peaceable and quiet Possession of such Part of the said Manor of Moyglare as he or his Tenants were in at the Time aforesaid, when the said Richard Jones re-entered and took Possession from the said Lord; and that he ought to continue, and is hereby quieted, in the Possession of the same, during this Session, and the Privilege of Parliament; and this shall be a sufficient Warrant on that Behalf.

To Sarles Goatley Esquire, Serjeant at Arms attending this House, his Deputy and Deputies, and every of them; and to the Sheriff of Meath, in the Kingdom of Ireland; and to all Mayors, Bailiffs, Constables, and other Officers, within the said Kingdom, whom it may concern, to be aiding and assisting in the Execution hereof.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.