for himself or make any other better bargain for the good of the Petitioner declaring that the Earl should by a Decree in Chancery enforce the Trustees to assent to what bargain he should make with the said Countess or others so far as did concern their Trust for 22 years but further that the Earl should provide by such Decree to preserve the Inheritance according to the intent of Old Chambre which was that the Trust should continue in them 200 years Now Chambre being informed what Order the Earl of Strafford had received Petitions again to him and the Councel that the Lease propounded by Percival might not be made good for he could have a much better Bargain at the reading of which his Brother in Law the Lord Brabason being one of the Councel desired since his Brother must be forced to Lett his Estate to pay his Debts that the King and Councels Order might be fulfilled and the best bargain accepted of and for his own part he was willing to take the Lease of 22 years and give his Brother Chambre 5000 l and 600 l per annum and half the profit of the Woods whereas Perceval would give but 4000 l fine and 500 l per annum and the third penny profit of the Woods so that here was a bargain of above 14000 l profit better then that of Persevals for there was above 2000 l per annum made communibus annis of the Woods Yet the Earl of Strafford rufused this offer and thereby created a certain loss to Chambre to a greater value during that 22 years than what he himself afterwards pretended to give for the whole Estate Reversion and all The Earle I say refused this offer directly contrary to the King's Oorder and caused the Lease with Perseval to be perfected by a special Order on the terms first by him offered forcing the Trustees to consent by a Decree but no care was taken therein to preserve the Inheritance so that His Majesties Order of Counsel was doubly defeated and eluded nor was this 4000 l Fine or the 500 l per annum Rent or third penny of the profit of the Woods menned in the said Lease ever paid or if any of the 4000 l were paid it was after Chambre's death and to whom the Earl of Strafford and his Agents pleased Secondly Sandford being thus turned out and the Earls Agents got in possession of the Premisses Chambre was still detained a Prisoner and being scarce able to get Victuals for his necessity Petitioned the Earl of Strafford that the 4000 l Fine might be paid that he might be able to discharge his Debts and go out of Prison upon which the Earl to drive his design on further causes an Agent to tell him that the 4000 l fine would not pay his Debts and perswade him to sell the Reversion of the Estate and he should have 13200 l. for it But Chambre refusing was kept more straitly a Prisoner then before and reduced to great Want yet often visited by several of the Earles instruments and when they got him merry or at all inclinable to the Earles desires he was sometimes sent for to Dine with him at the Castle and sometimes let out of Prison and then by one pretended Debt or other upon Paper Petitions clapt up again though he offered security for any just Debt could be charged upon him whereby being brought into such misery by continual vexations and cruel duress he was at last willing to yield to the Earls Proposal for the Reversion of the Estate but not the Lease if his wife would consent To make her willing the Earl sends a Messenger to her and upon refusal threatens her and causes her Husband to be kept so close a Prisoner that neither she nor any of his friends could come at him though she Petitioned six times to see him yet she could not be admitted till he often falling into Convulsion Fitts the Keeper thinking he would dye went to the Earl of Strafford and told him that Mr. Chambre had a desire to see his wife and if it were not speedily she would never see him alive upon which the Earl sent his Gentleman to go along with her who found him lying upon the floor on his belly very near death but raising him with some spirits and other help he began to look up his wife asking him how he did he answered she saw his sad condition in which he must continue unless he would consent to pass away the Reversion to the Earl of Strafford to which she replyed Prethee Husband I see they are resolved to have it and rather then I will be an instrument of thy death I will agree to it Immediately the Earls Gentleman hasted back to his Lord and told him he must strike whilst the Iron was hot for now she was willing so a Fine was next day clapt up upon those words and a Deed dated the second os November 1638. Sealed by Chambre for the Reversion only to Joshua Carpenter Henry Wentworth and others intended though not expressed to and for the use of the said Earl of Strafford and his Heirs for the summ of 13200 l. mentioned therein as the consideration whereas the Estate was then really worth above 120000 l. for the Lands would be worth within 4 or 5 years time when the old Leases Expired between 5 and 6000 l. per annum Besides Customes which were worth as much more and at that time the Woods were worth near 100000 l. The Earl of Cork having proffered but a year before Old Chambre's death 60000 l. for the Timber Trees only upon the Estate But now by the practices aforesaid Wood and Land and all the Appurterances are wrested from the said Chambre and his wife for the bare mentioning 13200 l. for even of that money none was ever yet paid save only 500 l. said to be paid to one Chambre of Minmore for to relinquish all his pretensions to the Premisses so much being given by Chambre the Father on that condition This Deed and Fine being executed which were not only obtained by duress of Imprisonment Fraud Cruelty c. and directly contrary to the King and Councel's Order before mentioned the said Chambre was thereupon fully set at Liberty but coming into the fresh Aire and full dyet within few dayes after viz. the latter end of November 1638 Dyed leaving two Children a son that dyed soon after him and a daughter But before his death or making of the said Conveyance viz. the 17th of August 1638 the said Chambre made his last Will and Testament in Writing bequeathing all his Lands to Mary his wife for 12 years and for the Remainder one moyety to her during life the other to his Heirs Male and for want of an Heir Male to his Uncle Chambre of Minmore and his Heirs Male for ever and 2000 l. to his Daughter and made his said wife sole Executrix and expresly gave her all his Goods and Chattels by which she
The now Suppliant William Eyre intermarryed with the said Mary formerly Relict and Executrix of the said Calcott Chambre of Carnow and thereby in Right became Intituled unto and ought to have had and enjoyed the Use and Benefit of the Premisses under and according to the Trust aforesaid for the then Remainder of the aforesaid Term of 200 years And accordingly most of the writings aforesaid came to his hands and also the said Lease of 200 years But by Deceipt and Subtilty he was deprived of them and many of them came into the now Earl of Strafford's hands and his Agents For the said Eyre by means of his opposing Oliver Cromwel and his Arbitrary Power and the Death of the late King of blessed memory being a close Prisoner in Warwick Castle in the year 1649. Judge Advocate Whaley formerly a Servant to Ms. Chambre in Ireland then Eyres wife perswaded her to make Colonel James Temple her Daughters Guardian least Cromwel should Sequester their Estate because of her Husbands actions whose pernicious councel she took and trusted the said Temple with most of the said writings concerning the Estate upon his promise to restore her Daughter and writings upon demand But the said Eyre and his wife in the year 1650. demanding them he refused to deliver them and contrary to his promise inveigles the Daughter to marry his youngest son Alexander That Eyre in the latter end of the year 1650 went into Ireland to look after his Estate in Right of his wife and did enter thereupon most of the Nobility and Gentry being sensible of the wrong done to Mr. Chambre the said Eyre's Predecessor by the late Earl of Strafford the then Councel put the said Eyres in Possession of the said Chambre's Estate of Shelelah aforesaid which the said Eyres held several years But being made a Prisoner again by Oliver Cromwel for many years together the Earl of Strafford and Colonel James Temple and his Son Alexander and his wife taking the opportunity of Eyre's Imprisonment combined together and commenced many suits to out him of the Premisses of Shelelah of which he was in Possession and made use of the said writings which the said Colonel Temple had so unduely deprived the said Eyre of and redelivered the Lease of 200 years into the now Right Honourable the Lord Crew 's hand one of the Trustees who hath acknowledged that he hath the same by him and is ready to deliver it to whom a Court of Judicature shall command The first Suit the said Confederates Commenced was on the behalf of the Countess of Carlile for the aforesaid Lease of 22 years yet had not payd a penny Rent nor any profit of the Woods according to the tenor thereof so that the same was long since void yet they still brought vexatious Suits to weary out the said Eyre as he was a Prisoner and also against Chambre of Minmore as pretending to be Heir Male to the Estate according to the Tenor of young Chambre's Will And in the year 1657. all the Suits of the now Earle of Strafford and his Agents came to a Hearing and after five dayes debate from morning till night before Chancellor Steele He did then judge that the Reversion might belong to the Earl of Strafford because of the Fine past although surrepâ—tiously obtained but the Court was of Opinion that the Lease of 200 years did belong to Eyre in Right of his wife and therefore did Dismiss the said Earl of Strafford and the Countess of Carlile with all their Suits that had been of 4 or 5 years standing in several Courts and seemed resolved to continue the said Eyre in Possession in Right of his wife the Lease of 200 years belonging unto him Which the Earl of Strafford's Agents perceiving betook themselves to their last refuge and produced the aforementioned Act of Parliament for strengthning of Defective Titles amongst which Chambre's Estate of Shelelah was foisted in untruly as aforesaid Upon which Chancellour Steele deferred his Judgement till the next Terme expecting the cross Bill of Eyres and his wife would then come to a Hearing That before the next Term the now Earl of Strafford and his Agents put in a Plea to such the said Eyres cross Bill waving all pretence of Titles and Claimes whatsoever did challenge the said Estate meerly by the said Act for corroberating defective Titles Letter Patents thereupon granted under the Great Seal of Ireland the 28th of September Anno 1641. 17. Car. primi to George Carr and others to and for the use of the now Earl of Strafford That Eyre being a Prisoner and his Councel neglecting to argue the said Plea or bring that Cause to a Hearing Steele the next Terme proceeded to pronounce his Decree in the said other Cause wherein the said Earles Agents were Plaintiffs and meerly upon the said Act though as is credibly affirmed it never had the Royal assent nor was Recorded gave away Eyre's Possession not upon any other Title the Earl had to it but meerly by that pretended Act Declaring in his Decree that the same chiefly to be considered viz. Whether it be a defective Title or not and therefore gave the now Earl of Strafford Possession only till he was outed by due course of Law or further Order of the Court and did publickly blame Eyre's Councel for not bringing his cross Bill together to a Hearing and told them there was speaking of a Will and an Inquisition proving the Estate was no defective Title And he did believe there were such things but they had not appeared judicially before him and therefore advised the said Eyre to Appeal to a Parliament who would undoubtedly do him right in the thing by their Soveraign Power which he being of an inferiour Court had not power to do But the said Eyre could not obtain his Liberty till after Richard Cromwel was turned out and Ludlow sent over by the Long Parliament into Ireland and within half a year after was made a Prisoner again upon the occasion following viz. His Majesty our Soveraign that now is being to be Proclaimed in Ireland on the 18th of May 1660. The sayd Eyres wife desirous to rejoyce with her Tenants for His Majestie 's Restauration had invited many of them to a Feast on that day and ordered servants to carry them Loads of Wood to a Hill to make a Boonefire of this the subtilty of his Adversaries who were in Possession of his Estate that they might prevent him from Appealing to the Parliament in Ireland for recovering the Lease and Estate aforesaid took an advantage and brought feigned Complaints suggesting to some Magistrates that if they did not secure the said Eyre before the said day he would be at the Head of a great number of persons to oppose the coming in of the King than which nothing could be more farther or remote from the said Eyre's Intentions However upon this slander the Councel of State sent five Troops of Horse haled the said Eyre
A particular Deduction of the Case of William Eyre Esq Concerning his Right to the Half Barony of Shelelah and Castle of Carnow in the County of Wicklow in Ireland now in Possession of William Earl of Strafford truly stated and humbly Presented to the King 's most Excellent Majesty and both Houses of Parliament THat Calcot Chambre the Elder Esque selling a very considerable Estate in Oxford-shire did with the money Purchase the said Half Barony of Shelelah and Castle of Carnow with the Appurtenances containing in Arrable Pasture Meadow and Wood-Land about 60000 Acres and being thereof seized in Fee Fearing the profuseness or Imbecility of his Son and to secure the Inheritance did the 18th of August 1629. make a Lease of the same to James Fines Nathaniel Fines and John Crew Esquires for 200 years to commence immediately from his death without Impeachment of Wast in Trust for the payment of his Debts and Legacies and afterwards to such Uses as he should declare by any further Deed or by his last Will And in default of such Declaration to the use of his own Right Heirs with power to Revoke it but he never did so that the said Lease still remains in force That the said Calcot Chambre the Elder made his last Will and gave all his Lands to his Son Calcott Chambre and likewise all his Goods and Chattels whom he made sole Executor and dyed owing several summs of Money and his Will by his said Son was duly proved After whose Decease the said Trustees by vertue of the said Lease possessed themselves of the Premisses and agreed to let a Lease thereof to one Sandford for three years for payment of the Deceased's Debts and Legacies and to allow young Chambers 300 l per Annum for these three years for his maintenance and then to account and deliver up the Estate to him The said Sandford being one of the principal Creditors and Legatees But Thomas late Earle of Strafford then Lord Deputy of Ireland being by some ill persons put upon the Coveting this Estate which was and is as considerable as most in that Kingdome and having even in the life-time of the said Calcott Chambre the elder set on foot some Attempts to render it Forfeited to the Crown as Plantation-Lands and to that purpose caused several Inquisitions to be Executed but continually failing therein the same alwayes appearing to be an Estate in Fee and exempt from Plantation-Land yet persisting in such designs after the death of the said Calcott the Father caused another Inquisition to be taken to pry into the Estate and how it was holden endeavouring to represent it as Forfeited to the King by making the said Lease of 200 year without Lycense but finding the Title and Estate clear and not in His Majesties disposal to grant any custodium upon the return of the said Inquisition no Forfeiture being made as it was possitively certified by Barron Bolton then Attorney in the Court of Wards great endeavours were made to all the three Clerks of Sir Philip Percival the then Register of the Court of Wards proffering a considerable summ of ready money and to be advanced to places of 100 l a year if they would Alter and Amend the Demicle of the said last mentioned Inquisition and procure a Custodium of the said Half Barony in any one of their names but they not daring to attempt it without acquainting their said Master Sir Philip inform'd him thereof who was much troubled at the same and did thereupon strickly command all his said Clerks not to attempt any such things and that if they did he would turn them out of their places so that no such thing durst be done by any of them as is lately deposed by one of the said Clerks still living and ready to justifie the same Having prov'd unsuccessful in these several ill projects a plot in the next place is laid to prevent the said Trustees in such their honest intentions of letting the Premisses for three years for paying of Debts and Legacies as aforesaid and to get the whole Estate by another way into the hands of such his Creatures and Agents for his own use without paying any valuable Consideration for the same which was brought to pass and accomplished by the means and practises following Viz. The said Chambre the younger coming to Dublin with his wife to take Shipping for England to live with his Father in Law Esquire Lester in Cheshire till the aforesaid three years should be expired in pursuance of the said agreement was by the subtilty of the Earl of Strafford's Agents as an introduction to their great design perswaded not to go aboard that night as he intended but use means to get his Brother Sandford out of the Estate or else he would be undone and that he should Arrest the said Sandford for 7000 l. which he was to account for in his Fathers time he then having managed the Estate for the Old Man but the morning following Chambre himself was made a Prisoner by the Combination aforesaid for the mourning for his Fathers Funeral and Sandford hearing of it kindly posted to Dublin to pay the debt but the aforesaid Agents met him as soon as he came and told him if he went to his Brother he would Arrest him for 7000 l. at which Sandford much troubled went back and took councel of the Earl of Strafford seeming his great friend whom he did not suspect to have any design upon the Estate and he advised instead of releasing his Brother to clap another Arrest up on him for 1000 l. pretendedly due to Sandford which being done and Chambre and Sandford thus set at variance the Earl caused Sir Philip Perseval and others to make a proposal that the said Sir Philip might have a Lease of 22 years of Chambre's Estate for the use of the Countess of Carlile paying 4000 l. Fine and 500 l per annum and the third penny profit of the Woods and in order to this the said Agents perswaded Chambre to Petition the Earl of Strafford that the Lease from the Trustees to Sandford might not go on but that the Lease profered by Sir Philip might be perfected that he might receive the 4000 l to pay his Fathers Debts and Legacies and get out of Prison As soon as the Earl received this Petition he transmitted it to England to His late Majesty and Councel seeming much to commiserate Chambre's condition and desiring their Order to compel the Trustees to consent to this Bargain they living in this Kindome of England Hereupon the Trustees were sent for before the Councel Board to yield to this Lease propounded by Percival who alledged they were letting a Lease of the Premisses to Sandford much more advantagious to the Petitioner upon which the King and Councel made an Order that the business should be wholly remitted to the Earl of Strafford to perfect that Lease for the Countess of Carlile which was in truth
became Intituled to the Lease of 200 years for the Remainder to come And whatever was given to Chambre of Minmore by Will or otherwise was sold a year after Chambre's death by Chambre of Minmore to the deceased young Chambre's wife so that the Family of Minmore have no pretence of any right to it as by Deed under his hand doth appear That Chambre the younger thus dying without signing any Deed to lead the use of the aforesaid Fine and his Will in writing being concealed the Earls Agents apprehending they had not yet made the Estate secure set up by false suggestions a Nuncupative Will supposed to be made by the said Chambre and made Mary his Relict prove the same And in pursuance of such pretended Will set up likewise a Lease and Release Dated the 3d. of November 1638. supposed to be made under the said Chambre's hand only of all the Premisses with th' appurtenances absolutely and a Deed of uses or Covenants with the same Date between Carpenter Wentworth and others the Earls Trustees of the one part and the said Chambre of Carnow Squire Lester his Father in Law Job Ward that afterward marryed his Relict and his Uncle Chambre of Minmore pretended Trustees for the said Chambre of Carnow of the other part whereby the said Carpenter Wentworth c. Covenant to lay out 12000 l. before the first of November 1645. in Land to be conveyed to the said Lester Ward and Chambre of Minmore for several uses and upon several limitations therein mentioned but all these Deeds pretended to be signed the 3d. of November were false and Hatched after Chambre's death being accomodated to the Nuncupative Will for Chambre perfected no Deed in his life-time but of the 2d of November by which he sold only the Reversion of his Estate for 13200 l. under his own hand without the Trustees and the said Lester and Chambre of Minmore who knew nothing of these other Deeds were named in them only to colour the intrigue This Nuncupative Will and several Deeds being thus set on foot and admitted and the said Job Ward having married Mary the Relict of Chambre of Carnow and they desiring the Earl that the 13200 l. might be layed out in Land for Calcott Chambre an Infant then living son of the said Chambre of Carnow and Mary or else to be restored to Shelelah again his Honour made the said Job Ward his Favourite and caused him the said Infant to Petition that the said Trustees James Fines Nathaniel Fines c. might give up their Trust in the aforesaid Lease of 200 years who indused by the suppositious Deeds and a Decree grounded thereupon and obtained by the Earl's Potency in the Chancery of Ireland were prevailed upon to sell the said Lease but without the said Job Ward or his wife signing the same to two persons for the use of Carpenter Wentworth and others but it was upon condition that 13200 l. should be paid or laid out for Purchasing Land of Inheritance according to the aforesaid Articles before November 1645. which was never performed true it is in the time of the Suites with the said Trustees of the Lease of 200 years the late Earl of Strafford in pursuance of some part of the pretended Articles pretended to purchase a place called the Renalaghs or Knockbrea of Sir Adam Loftuâ— which was Plantation-Lands taken from the Irish and given to several men upon Commissions of Grace and no real Inheritance for it was only a Lease for years and with several limitations and though the Earls Agents pretended they laid out 10000 l. for it yet if they did it was in their own wrong and not with our consent and the Land was not worth 5000 l. as appears by many Witnesses That in the year 1640. the real Will in writing of the said Chambre of Carnow intrusted by him with Mr. Gutteridge then Minister of Carnow was providentially discovered and produced which being proved and Administred unto by the said Mary his Relict the Nuncupative Will though she was forced to Administer a year before and the Earl of Strafford had spent above 500 l. in Law to maintain it was thrown out of Court upon which the said Earl and his Agents began to be at a stand because all the false Deeds and Articles of Agreement upon which the Trustees Assigned away their Trust being done upon that Nuncupative Will seemed to signifie very little and therefore to the intent if one device would not serve another might The Earl having about Trinity Terme 1637. 13 Car. 1. caused a Case called The Case of Tenures upon defective Titles tending to the taking away and disposing of Lands without Jury Tryal consent of Parties or Legal Process to evidence or adjuge that the Titles were defective did amongst at least 400 other Mannours comprise the Premisses therein though there were no colour of reason for the same and in or about the year 1640. obtained an Act of Parliament of Ireland as is pretended whereby the said Half Barrony were vested and settled in His then Majesty His Heirs and Successors or any he should grant them to within five years as Plantation-Lands and Defective Titles Whereupon he obtained Letters Patents under the Great Seal of Ireland whereby the Premisses were granted to Five persons in Trust for Sir William Wentworth his Son now Earl of Strafford who since his Father's death hath renewed the laid Letters Patents and thereby and by the said Act he holds Possession whereas in truth the said Half Barony and Premisses were not Plantation-Lands or ever so reputed nor was the Title of the said Old Mr. Chambre any way defective but he bought the same for a valuable consideration parting with a very considerable Estate in Oxfordshire to purchase this and was lawfully seized of the Premisses in Fee-simple at the time of his death as by the aforesaid Inquisition appears neither were the same ever Forfeited or Sequestred to the Crown Besides the practise is apparent for in the 10. Car. 1. An Act being made for securing Estates of Plantation-Lands c. which undertakes to specify what Lands should be counted Plantation-Lands and names several places as Renalaghs c. in the same County of Wicklow yet never mentions one word of Shelelah now this Act 1640. seems only a Repetition of of the same Act of the 10. Car. 1. and has no more in effect in it save only that this Estate of Shelelah is here inserted and indeed no other Lands are added but that or a small Estate or two adjoyning which the Earl about the same time possessed himself of so that it seems as if this Act were designedly carryed on to colour his pretences to this Estate fearing what was done before otherwise to that purpose would not be sufficient From all which it appears that as well the Parliament in that Act as His Majesty in His Grant were surprised with false suggestions and mistaken grounds In the year 1647.