Straffords Agents got possession of the Premises Yet still Chambre was deteyned a Prisoner though Sandford and others Released him but many came against him with Paper Petitions to the Earle of Strafford insomuch Mr. Chambre could scarce get Victuals and often Petitioned to the Earle of Strafford that the 4000 ll Fine might be paid that he might be able to pay his Debts and go out of Prison upon which the Earle causes an Agent to go to him and tell him the 4000 ll would not pay his Debts and perswaded him to sell the Reversion of the Estate and he should have 13 thousand 200 pounds for it that is to say 1200 pounds in hand to help to pay his Debts and with the other twelve thousand pounds the Earle would Purchase him a better Estate than his was But Chambre alledging he could not sell it because of the Lease of two hundred years was kept closer Prisoner than before and forced to Petition to the Earle that the Cook might be paid that he might have Victuals And some of the Earls Agents came often unto him in Prison to make him merry and cheerful and then when they found him a little yielding to the Earls desires he should be sent for to Dine with him at the Castle and sometimes let him out of Prison and then one pretended Debt or other clapt him up again insomuch that he was brought into such misery that he was willing to yield to the Earls desire If his Wife would Then the Earle sent a Messenger to his Wife desiring her that she would pass a Fine and Recovery that her Husband might sell his Estate and come out of Prison but she refusing was threatned and her Husband kept close Prisoner that she nor any else should come at him though she six times Petitioned to see him but could not be admitted 'till he falling often into Convulsion Fits the Keeper thinking he would have died went to the Earl of Strafford and told him that Mr. Chambre had a desire to see his Wife and if she did not see him speedily she would never see him alive upon which he sent his Gentleman to go along with her and three other men went into his Chamber with her which are all sworn to what followeth That he lay upon the Table on his belly as good as dead and they setting him upon his Breech pouring some Spirits and rubbing his Temples he began to look up and his Wife weeping said Husband how dost thou do Wife said he I am kept here for a Bargain prethe Husband replyed she pardon me for it is my fault I would not pass a Fine of Recovery but rather than I will be an Instrument to thy death I will Signe it Upon which words the Gentleman returned to the Earl and told him he must strike whilest the Irons were hot for now she was willing So a Fine was perfected upon these words only and a Deed Sealed by Chambres for the Reversion only to four persons Carpenter Car Little and Billingsly for 13 thousand two hundred pounds when the Estate was worth above Six score thousand for the Lands would be worth within 4 or 5 years time when the old Leases expired 5 or six thousand pounds per Ann. and at that time the Wood upon the Estate was worth a hundred thousand pounds the Earl of Corke having proffered but a year before Old Chambre's death Threescore thousand pounds for the Timber Trees upon the Land But how Wood and Land and all must go for Thirteen thousand two hundred pounds and even of that Money none was ever yet paid except one Five hundred pounds which I think was to Chambres of Minmore for to relinquish all his Right in the Premises so much being given him by Old Mr. Chambres Will to Relinquish all Rights and Claimes in the Premises And the Earl of Strafford made above 30 thousand pounds out of the Profits of the Estate in four years time before the Rebellion broak forth in Ireland as hath been proved by many Witnesses Whereby appears how well the Kings Order before mentionod was observed that the best Bargain should be made to preserve the Estate c. This being done the said Chambre was set at Liberty but coming into the fresh Air and a full Dyet he lived not long after leaving two Children a Son that dyed soon after him and a Daughter But before his Death viz. the 7th of Aug. 1638. he makes his last Will and Testament bequeathing all his Lands to Mary his Wife for 12 years the Remainder one Moiety to his said Wife during her life the other Moiety 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 ll to his Daughter And makes his Wife sole Executrix and expressly gave her all his Goods and Chattels By which she became Entituled to the Lease of 200 years and the 13200 ll agreed to be given for the Reversion of the Premises But Chambre thus dying without having Signed any Deed to lead the uses of the said Fine the Lord Deputy apprehending he had not yet made the Estate secure by his Agents sets up a Nuncupative Will of the said Chambre and a Deed of Uses thereupon bearing Date the 3d of Novemb. with Feoffees joyning with the said Chambre that is to say Ralph Lester Job Ward Calcot Chambre of Minmore Esq pretended to be made his Feoffees by a Deed in his Life time and a Lease and Release dated the same day under Chambre of Carnow's hand only of all the Lands and Appurtinences absolutely whereas the said Chambre in truth did perfect in his Life time only one Deed Dated the 2d of Novemb. which was only of the Reversion and without any Feoffees joyning And these After-deeds were set up only to make the business plausible on the Earls side For the same 3d of Novemb. Carpenter Car Little and Billingsly made a Deed back to Calcot Chambre of Carnow and to Lester Ward and Chambre of Linmore and their Heirs of all their Right and Title till the Deed of Uses or Articles of Agreement were made good by Carpenter Car Little and Billingsly but all to the uses of the Nuncupative Will so that if we own these Deeds we must own that which is false and if we Sue Carpenter c. who Purchased of Chambre they Answer they Reconvey'd all the Right they Purchased and we may seize the Lands for not making good the Articles and renounce all Title In which lies the grand Intrigue of the Fraud But to the end if one Device would not serve another might the Earl about Trinity Term 13 Car. Prim. caused a Case commonly called the Case of Tenures upon defective Titles to be made without Jury or Tryal or consent of Parties or other legal process and procured the opinion of the Judges of England and Letters Pattents wherein amongst others this Estate of Shalelaw is mentioned as a defective Title
though it never were so as by inquisition upon Record appears and upon that he obtained an Act of Parliament in Ireland in 1640. As is pretended by the now Earl of Strafford for confirmation of Estates on defective Titles amongst which this was again inserted But this Act was never Recorded for before he obtained the Royal Assent he was put to Death But before that the Trustees in the Lease of 200 years by vexation and practise were prevailed upon to Assign the said Lease contrary to their trust and without Chambre's Widdow joyning with them to two Persons for the use of Carpenter Carr and others But it was upon condition that the 13200 l. should be paid or laid out for purchasing Land of Inheritance according to the aforesaid Articles Which Articles were to be performed in 1645. but were never made good nor can be True it is in the time of the Suits with the Trustees the Earl of Strafford pretended for to purchase a place called the Rannalaws of Sir Adam Loftus which was Plantation Land taken from the Irish in Ireland and given to several men upon commission of Grace and no real Inheritance according to the Articles and the Purchase was but a Lease of five hundred years to the use of Mr. Chambre and the aforesaid Trustees which was mentioned in the said Articles for such damages as they should sustain till the Articles of agreement was made good on Carpenter and Cars part And also the Lease of five hundred years was for the use of Carpenter and Car till the other should be made good the Articles on their part The Earl of Strafford's Agents pretend they have laid out ten thousand Pounds for it but they laid it out without our assent for the Land was never worth five thousand Pounds as it appeared by many Witnesses and the said Mary Chambre the Relict then Married to Job Ward was put into Possession of it not knowing where else to go and injoyed it one year before the Rebellion broke out as part of security of the twelve thousand Pounds which should be laid out for Land of Inheritance It is to be noted that all this while the real Will in Writing of Chambre was not discovered he having intrusted it with Mr. Guttridge then Minister of Carnow who in the year 1640. proved the said Will and Mary the Relict came in Person and Administred to it and then tho Nuncupative Will was thrown out of Court although she was forced to Administer to it a year before And the Earl of Strafford had spent above 500. l. in the maintaining of it in Law but when this was done the Earl of Strafford and his Agents was at a stand because all the false Deeds and the Articles of agreement upon which the Trustees signed away their trust and whatsoever was done upon the nuncupidie Will was void and out of doors And Job Ward and his Wife had all the Deeds and Writings and the Lease of 200 years that was resigned up by Mr. Crew in their own hands and none were delivered to the Earl of Strafford or his Agents because the proving of the real Will had hindered any farther proceedings at present And in the time of the Rebellion Job Ward and his Wife was turned out of the Ranalows by the Rebbells and came into England and lived some years and Job Ward dyed And in the year 1647. William Eyres Marries the Widdow by which Marriage all the Writing and proceedings in the cause abovesaid came to his hands and also the Lease of 200 years and the Estate therein but by deceit and subtilty he was deprived of them and many of them came into the now Earl of Strafford's hands and his Agents For By the means of the said Eyres often Imprisonment opposing Oliver Cromwel in his Arbittrary power and the death of the late King of blessed Memory the said Eyres being a close Prisoner in Warwick Castle in the year 1649. Judge Advocate Whale being a Servant to Mrs. Chambre in Ireland which was become William Eyres his Wife he perswaded her to make Colonel James Temple his Daughters Guardian for Cromwel would sequester her Estate because of her Husbands Actions whose pernicious advice she took and also trusted the said Temple with most of the Writings concerning the Estate upon his promise to restore her Daughter and Writings upon demand But the said Eyres and his Wife in the year 1650. demanded the Daughter and Writings which he refused to deliver and contrary to his promises Inveigles the Daughter to marry with his youngest Son Alexander and the said Eyres the latter end of the year 1650. went into Ireland to look after his Estate in the right of his Wife and the then Lord Ierton being informed by most of the Nobility and Gentry of the wrong done to Mr. Chambre the said Eyres his predicessor by the late Earl of Strafford did by the advice of the then Counsel put the said Eyres in possession of the said Chambre's Estate with the Castle of Carnow which the said Eyres held several years but being made Prisoner again by 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 half Barony of Shelela of which he was in possession and entertained one Mr. Joseph Avery to prosecute both their Suits against him and trusted him with the Writings which Old Temple had betrayed Eyres of And also delivered the Lease of 200 years in to my Lord Crews hands who was one of the Trustees who hath sworn he hath the Lease still by him and shall deliver it to whom a Court shall command The first Suit the said Avery and the Earl of Strafford his Agents commenced was in the behalf of the Countess of Carlile for the Lease aforesaid for 22 years yet had not paid a Penny Rent nor any profit of the Wood according to the tenour of the Lease upon which the Lease was forfeited yet they commenced many Suits several years to weary out the said Eyres as he was a Prisoner and also commenced a Suit against the said Eyres and Calcot Chambre of Minmore who did pretend to be Heir Male to the Estate according to the tenour of Young Chambre's Will of Carnow And in the year 1657. all the Suits of the Earl of Strafford and his Agents came to a full hearing and after five days debate from morning to night before Chancellor Steel who did then Judge that the Inheritance might belong to the Earl of Strafford because of the fine and recovery past although it were surreptitiously gained and the Heir Male went forth of the Court and refused to make out his Title but the Court Judged that the Lease of 200 years did belong to William Eyre in the right of his Wife and therefore did dismiss the Countess of Carlile and the Earl of Strafford and all
THE CASE OF William Eyres Esq Concerning his Estate in Ireland truly stated and Humbly Presented to the Kings most excellent Majesty and both Houses of Parliament CAlcot Chambre Esq being seized in Fee of the half Barony of Shelelah with the Castle of Carnow and Appurtenances thereunto belonging in the County of Wicklow in the Kingdom of Ireland conteyning of Arable Pasture Meadows and Wood-lands about sixty thousand Acres Fearing the profuseness of his Son made a Lease of the same Anno. 1629. To James Fines Nathaniel Fines and John Crew Esq for two hundred years without Impeachment of wast in trust for 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 Testament and for default of such Declaration to the use of his own right Heirs The said Calcot Chambre Anno. 1635. Made his last Will and gave all his said Lands to his only Son Calcot Chambre as also all his Goods and Chattels and made his said Son Sole Executor and dyed After whose death the said Trustees possest themselves of the Premises and would have let a Lease thereof to one Sandford for three years for payment of the Deceased's Debts and Legacies and to allow Young Chambre 300 ll per Annum for those three years and then to account and deliver up the Estate to him For this Sandford Marrying Old Chambre's Daughter did manage the Estate in his time and therefore the Trustees thought him the fitter to manage it now for the Young Man The rather for that the greater part of the said Debts and Legacies was due to him and his Brother in Law the Lord Brobson since Earl of Meeth who Married Old Chambre's other Daughter That Thomas late Earl of Strafford then Lord Deputy of Ireland being by some ill Persons put upon coveting this Estate which was and is as considerable as most in that Kingdom prevented the Trustees in these their honest Intentions and at last got the same into his own hands or in trust for him by the means and Practices following The aforesaid Young Chambre being come to Dublin with his Wife to take Shipping for England to live with his Father in Law Esq Lester in Cheshire and there abide 'till the aforesaid three years were expired was by the subtilty of the Earl of Straffora's Agents perswaded not to go Aboard that night but use means to get his Brother Sandford out of the Estate or else he would be undone And that he should Arrest his Brother Sandford for seven thousand Pounds which he was to give an account for in his Fathers time But the morning following Chambre himself was made a Prisoner for the mourning for his Fathers Funeral and Sandford hearing of it Posted to Dublin to pay the Debt But the before mentioned Agents met him as soon as he came and told him if he went to his Brother he would be Arrested for seven thousand Pounds Upon which Sandford being much troubled went back and took counsel 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 upon him for a thousand Pounds Legacy that his Father gave him When this was done the Earl caused Sir Philip Persival and others to make a Proposal that the said Sir Philip might have a Lease of 22 years of Chambres Estate for the use of the Countess of Carlile paying 4000. l. Fine and 500. per Annum and the third Penny profit of the Wood And in order to this the said Agents perswaded Chambre to Petition the Earl of Strafford that the Lease the Trustees would make to Sandford might not go on but that this Lease proffered 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 ever the Earl of Strafford received the Petition he transmitted it to England to the late King and Counsel and enclosed it in a Letter to Secretary Nickolas seeming to commiserate the condition of the Prisoner and troubled that they being out of his reach he could not redeem the poor Man and therefore desired that the Trustees might be Summoned before the King and Counsel to answer the Petition or else to be sent over into Ireland that he might take a course with them and the Defendant Sandford that the Prisoner might be released Hereupon the Trustees were immediately sent for to Counsel-Board to yeild to the Lease propounded to Persival who alledging that they were letting a Lease to Sandford Brother in Law to the Petitioner that was much more advantagious to the Petitioner than that propounded by Persival The King and Counsel made an Order that the business should be wholly remitted to the Earl of Strafford to perfect that Lease for the Countess of Carlisle which was in truth for himself as did afterwards appear Or make any other better Bargain for the good of the Petitioner declaring the Earl of Strafford should by a Decree in Chancery inforce the Trustees to assent to what Bargain he should make with the said Countess or others so far as did concern their trust for twenty two years And farther 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 for he made a power in the Lease to revoke it but never did it so that it is the general Judgement of Counsel that the Lease is still in being and distinct from the Inheritance Calcot Chambre being informed what order the Earl of Strafford had received Petitions again to him and the Counsel that the Lease propounded by Persivall might not be made good for he could have a great deal better bargain At the Reading of which his Brother in Law the Lord Brobson being one of the Counsel desired seeing his Brother must be forced to Lett his Estate to pay his Debts that the King and Counsels Order might be fulfilled and the best Bargain accepted of The most of his Fathers Debts being due to him who there offered to have the Lease of 22 years and give his Brother 5000 l. Fine and 600 ll per An. And half the Profits of the Wood whereas Persivall would give but 4000 ll fine and 500 ll per An. and the third penny profit of the Woods so that here was above ten thousand pounds profit better than that of Persivalls For there was above two thousand pounds a year made of the Woods besides a thousand pounds a year of an Iron work upon the Ground Yet notwithstand Strafford had the Kings Order to make the best Bargain for the Petitioner he refused this of the Lord Brobsons and causeth that of Persivals to be perfected by a special Order of him and his Counsel Then Sandford was turned out and the Earle of
his Agents with their Suits that had been four or five years standing in several Courts and did declare that the said Eyres should be kept still in Possession in the right of his Wife the Lease of 200 years belonging unto him Whereupon the Earl of Strafford's Agents produced the before-mentioned Act of Parliament for the strengthening of defective Titles upon his Majesty's Commission of Grace of 400 and odd Mannours amongst which Shelelah and Chambres Estate was foysted in with a defective Title upon which Chancellor Steel deferred his Jubgement till the next Term expecting the said Eyres and his Wifes Cross-Bill would come to a hearing By the next Term the Earl of Strafford and all his Agents put in a Plea to the said Eyres and his Wifes Bill renouncing all Titles and Claims whatsoever declared by the said Bill And did challenge the Estate by the Act of Parliament for strengthening defective Titles upon which though it never had the Royal Assent nor was Recorded Judge Steel made a Decree that the Earl of Strafford should enjoy the Possession of the Estate not upon any Title but only by that Act and declares in his Decree there is nothing to be considered but that That is whether it be a defective Title or not and gave the Earl of Strafford Possession till he was outed by due course of Law or farther order of the Court And did publickly blame Eyres's Counsel for not bringing his Cross-Bill to hearing with the Earl of Strafford's Suits and told them that there was speaking of a Will and an Inquisition to prove that the Estate was no defective Title and he did believe there were such things but they had not appeared Judicially before him and advised the said Eyres to Appeal to a Parliament who would undoubtedly do him right in the thing which he being of an Inferiour Court had not power to do But the said Eyres being at that time a Prisoner by Cromwel's order for opposing the death of the late King aforesaid could not look after his business And was not released until Richard Cromwel was turned out and Ludlow sent over by the Long-parliament into Ireland And within half a year afterwards was made Prisoner again for this occasion as followeth His Majesty being to be Proclaimed in Ireland in the year 1660. on the 18th of May the aforesaid Eyres's Wife desired that she might rejoyce with her Tenants for the Restauration of His Majesty on the day aforesaid and invited six or seven hundred People to Feast and ordered the said Eyres's Servants to carry ten Wain-load of Wood to a Hill to make a great Bone-fire But the subtilty of his Adversaries who were in Possession of his Estate prevented it that they might the more craftily prevent the said Eyres for Appealing to the Parliament in Ireland for recovering the Lease of 200 years abovesaid And to that purpose imploying a particular Agent one Floid a Welsh-man to pry into the said Eyres's Actions he brought fained complaints against him whereof one was that if they did not fetch the said Eyres away before the 18th day he would be the head of a great Army to oppose the coming in of the King whereupon immediately the Counsel of State sent five Troops of Horse and took the said Eyres out of his Bed and carryed him Prisoner to Dublin Castle where he was most cruelly handled for sometime afterwards hurried from Prison to Prison above Ten years space and sometimes neither Meat nor Drink suffered to come at him but what was given in by stealth at a hole made under the door for the Cat to go in and out And the Marshal being demanded by the Prisoners and others the reason of so great Cruelty afflicted upon the said Eyres his Answer was that his Command was so strick that he did not dare to do otherwise And did declare often that he had an Order to Starve the said Eyres At which time all persons whatsoever were prohibited for coming at him And his Wife was not suffered to come to him yet at the same time some were admitted to serve him with Subpena's to answer a Bill in Chancery through the Combination of Alixander Temple and the now Earl of Straffords Agents And for Contempt to the Court Chancellor Hustes grants an Injunction and turns the said Eyres Wife and his Family out of doors of the Rannalaws too and they had utterly Perished if good people had not Relieved them although the said Eyres his Counsel did proffer his Oath that the said Eyres did not make any Contempt neither was he in any Capacity so to do Upon which Injunction the said Eyres and his Family hath been ever since kept out of the Possession of the said Rannalows which was pretended to be Purchased for the use of Mr. Chambre aforesaid which Purchase was but a Lease of 500 years and belongs really to the said Eyres in the Right of his Wife But by Reason of the above-said Combination The aforesaid Eyres nor any one of his Family hath not since Received one penny profit thereof to this day that he knows of For his Wife Fainted in the Streets of Dublin for Want and Died Crying out her Daughter had broke her Heart since Eyres Releasement out of Prison And the said Temple his Wife have the Benefit of all that the Earl of Strafford was to give for the Inheritance of Shelala except one Five hundred pounds paid to Chambre of Minmore although in truth the whole 13 thousand two hundred pounds which was to be given for Shelela did belong to William Eyre in Right of his Wife as a Chattle as ith hath been often declared by all the Judges in Ireland for that there was no Land Purchased in Mr. Chambre's Life time And the Judges did farther Declare That what ever they Pay of the Purchased Money to any other than to the said Eyres they paid it in their own wrong which caused the now Earl of Strafford to take a Bond of the said Temple of twenty thousand pounds to save him harmless from the said Eyres which that will not nor cannot do if Justice may be had For Mr. Chambre's Daughter had a Seelected Portion of two thousand pounds given her by her Fathers Will though now they would make her Heir of All. Oserve Mr. Chambers gave all his Lands to his Heirs Male after the Death of his Wife and to Calcot Chambers of Minmore and his Heirs-Male And that the Earl of Strafford at the hearing of Cause Renounced all his Titles to Mr. Chambers Estate upon which the Inheritance Remains in the said Eyres Wife as well as the Lease of two hundred years he having one onely Child by her For Calcot Chambre of Minmore sells to the said Eyres his Wife and her then Husband for five hundred pounds by a Deed perfected under his hand and Seal neer a year after the death of Chambre of Carnow Whatever was given in that Will or by any other Grant whatsoever to