House of Lords Journal Volume 19: 29 June 1713

DIE Lunæ, 29 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Abergavenny's Privilege; Seale and Wood to be attached, for arresting Osman his Steward.

The House being informed, upon Oath, "That Philip Seale and Nicholas Wood did, illegally, and in Breach of the Privilege of Parliament, take and detain in Custody William Osman, Steward to the Right Honourable the Lord Bergavenny, within the Time of Privilege; and uttered several Words derogatory to the Person of the said Lord:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Philip Seale and Nicholas Wood, and bring them in safe Custody to the Bar of this House, to answer for their Offence; and this shall be a sufficient Warrant on that Behalf.

To the Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Sheriffs Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for the Ease of Sheriffs, in the Execution of their Offices, and in passing their Accompts:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill be read a Second Time on Saturday next; and that the Judges have Copies of the said Bill, and do then attend this House.

Rights and Privileges of Parliament to be considered.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House will take into Consideration the Rights and Privileges of Parliament; and all the Lords to be summoned.

Eustace versus Keightly:

After hearing Counsel, upon the Petition and Appeal of Dame Margaret Eustace, Widow and Relict of Sir Maurice Eustace, late of Castle Martin, in the County of Kildare, and Kingdom of Ireland, Baronet, deceased, from a Decree made in the Court of Chancery in Ireland, on the 26th Day of February 1712, in a Cause there depending, wherein the Appellant was Complainant, and the Respondents Defendants; as also in a Cross Cause, wherein the Respondent Keightley was Complainant, and the Appellant Defendant: As also upon the Answer of the said Respondents put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree be reversed: And it is further Ordered and Adjudged, That the said Appellant have a Satisfaction for the Arrears of her Jointure of £. 400. per Annum; and that such Arrears, having been computed by Mr. Spry, Master of the References of the Trustees of Forfeitures in Ireland, in his Report made the 28th August 1702, to amount to £. 1918. 4s. 11d. be taken as a Sum stated at £. 1918. 4s. 11d.; and that the said Court of Chancery in Ireland do order Irish Interest to be computed for the said Sum of £. 1918. 4s. 11d. at Eight per Cent. from the said 28th Day of August 1702, until the said Sum of £. 1918. 4s. 11d. with such Interest due and to grow due thereon shall be fully paid and satisfied: And it is further Ordered, That the said Court do refer it to a Master, to examine and take an Accompt of the Annual Deficiency of the Appellant's Jointure, from the Time to which the said Arrears of her Jointure were so computed to amount to the said Sum of £. 1918. 4s. 11d. until the 10th December 1709: And it is further Ordered and Adjudged, That the said Sum of £. 1918. 4s. 11d. and the Interest thereof, and the subsequent Deficiency from the Time to which the said Arrears amounting to £. 1918. 4s. 11d. were computed as aforesaid, shall be computed together, and from thenceforth stand a Charge, with Irish Interest to be computed for the same, until Satisfaction thereof, on the Premises granted by Letters Patents under the Great Seal of Ireland, to the Respondent Keightly, for Ninety-nine Years, during the Continuance of the said Term, as well as on the Reversion and Inheritance of the said Premises expectant on the Determination thereof, and also upon the Reversion of the Appellant's Jointure Lands: And it is further Ordered and Adjudged, That if the Respondent Keightly shall make Default in Payment of the said several Sums so to be computed together as aforesaid, at such Time as by the said Court shall be appointed for his Payment thereof, the said Court shall cause a Sale or Sales to be made of so much of the said Premises comprized in the said Ninety-nine Years Term, during the Residue of the said Term, and of the Reversion and Inheritance of such Premises, and also of the Reversion of the Appellant's Jointure, after her Decease, as will be sufficient to satisfy the said Appellant her several Demands aforesaid, together with her Costs of this Suit, to be taxed by a Master of the said Court; and the Respondent Keightly is to join in such Sale, and procure all Persons claiming any Estate, Right, Title, or Interest, into or out of the said Premises, or any Incumbrance thereon, by, from, under, or in Trust for him, to join therein: And this Order is to be without Prejudice to any Demand of Satisfaction the Appellant may have or make, for or in respect of the Deficiency of her Jointure, since the said 10th Day of December 1709, if any such there be.

Adjourn.

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