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A31199 The Case of William Eyre, Esq. concerning his right to the half barony of Shelelah, and castle of Carnow in Ireland, now in the possession of the Right Honourable William Earl of Strafford, truly stated, and humbly presented to the Kings Most Excellent Majesty, and both Houses of Parliament. 1670 (1670) Wing C1194; ESTC R38982 13,795 8

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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 all his Debts and that he might 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 That is to say 1200 l. in hand to help pay his Debts and with the other 12000 l. the Earl would purchase him a better Estate then this was But Chambre refusing to sell becaus e of the Lease of 200 years which he had right to as Executor of his Father was kept more straitly a Prisoner then before and reduced to great want yet often visited by several of the Earls Instruments and when they got him merry and at all inclinable to the Earls desires he was sometimes sent for to Dine with him at the Castle and sometimes let out of Prison and then one pretended Debt or other upon paper Petitions clapt him up again that being brought into such misery by continual vexations and cruel duress insomuch that he was willing to yield at last 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 should come at him though she petitioned six times but to see him yet she could not be admitted till the falling often into Convulsion Fits 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 Table on his Belly very near death but raising him with some Spirits and other help 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 Prithy Husband replyed she pardon me for it is my fault I would not consent to a Fine but I see they are resolved to have it and rather then I will be an Instrument of thy death I will agree to it all which discourse was proved by the Oaths of three persons then present Immediatly 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 clapt up upon those words and a Deed dated the 2d of November 1639. Sealed by Chambre for the Reversion only to Josiah 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 sum 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 Lease is 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 a 100000 l. The Earl of Corke hearing proffered but a year before old Chambres death 60000 l. for the Timber Trees only upon this Estate But now by the practices aforesaid Wood and Land and all the Appurtenances are wrested from the said Chambre and his Wife for the bare mentioning of 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 him by Chambre the Father on that Condition This Deed and Fine being executed which were not only obtained by duress and without valuable consideration but also tending to the destruction of the Inheritance were directly contrary to the King and Councels order at Whitehall the 17th of January 1637 beforementioned thereupon the said Chambre was set at Liberty but coming into the Fresh Aire an a Full Dyet within a few days 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 for the remainder one Moity to her during Life the other to his Heires Male and for want of an Heir Male to his Uncle Chambre of Minmore and his Heires 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 became Intituled to the Lease of 200 years for the remainder thereof to come and also to the Inheritance notwithstanding the Conveyance aforesaid But whatever was given to Chambre of Minmore by Will or otherwise was Sold a year after Chambres death by Chambre of Minmore to the Deceased Chambres 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 thus dying without having Signed any Deed to lead the uses of the aforesaid Fine 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 of Minmores hand only of all the Premisses and Appurtenances absolutely and a Deed of uses or Covenants with the same Date Between the aforesaid Carpenter Wentworth and others the Earles Trustees of the one part and the said Chambre of Carnow Esq Lester his Father in Law Job Ward that Married Mary his Relict and his Uncle Chambre of Minmore pretended Trustees for the said Chambre of Carnow of the other part and it is apparent that all the Deeds to be Signed the 3d. of Novemb. were false and hatched after Chambres death and all suitable to the Nuncupative Will for Chambre perfected no Deed in his Life-time but that of the 2d of November by which he Sold the Reversion of his Estate for 13200 l. under his own hand only without Trustees therefore it is apparent all the other Deeds are false whereby the said Carpenter Wentworth c. Covenanted to lay out 12000 l. before the 1st of Nov. 1645. in Land to be conveyed to the said Lester Ward and Chambre of Minmore for several uses and
upon several Limitations therein expressed Whereas in truth the said Chambre of Carnow did perfect in his Life-time only one Deed dated the 2d of November which was only of the Reversion and Feoffees mentioned on his part and these after Deeds were set up and the said Esq Lester and Chambre of Minmore who knew nothing of them named therein only to colour the business For Fourthly this Nuncupative Will and several Deeds being set on foot 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 laid out in Land for Calcot 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 favorite and caused him and 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 induced by the said Suppositious Deeds and a Decree grounded thereupon and obtained by the Earles Potency in the Chancery of Ireland were prevailed thereupon to Sell the said Lease but without the said Job Ward or his Wifes 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 Which Articles were to be performed before November 1645. But were never made good nor can be The Trustees Sold it Conditionall for 13200 l. a year after Chambres death which is an Argument their Trust was not void True it is in the time of the Suites with the said Trustees of the Lease of 200 years the late Earl of Strafford pretended to purchase a place called the Rannalaghs or Knochrea of Sir Adam Loftus 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 in Pursuance of some part of the aforesaid pretended Articles 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 Fifthly That in the year 1640. The real Will in Writing of the said Chambre of Carnow intrusted by him with Mr. Guttridge then Minister of Carnow was produced which being proved and administred unto by the said Mary his Relict and 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 thrown out of Court The said Earl and his Agents began to be at a stand because all false Deeds and Articles of Agreement upon which the Trustees assigned away their Trust being all done upon that Nuncupative Will seemed to signifie very little And therefore to the intent that if one device would not serve another might The Earl as it is said having about Trinity Term 1637. 13 Car. I. caused a Case called The Case of Tenures upon Defective Titles to be made without Jury Tryal Consent of Parties or any Legal Process and procured Letters Pattents wherein amongst others this Estate of Shelelah was Craftily mentioned as a Defective Title though it never were so as by Inquisition upon Record appears He obtained an Act to pass both Houses of Parliament in 1640. as now pretended to invest it in the Crown amongst 400 and odd Mannors as a Defective Title That the said Job Ward and his Wife upon setting aside the Nuncupative Will had all the Deeds and Writings and the said Lease of 200 years that was resigned up by the Right Honourable the now Lord Crew in their own hand and the same were not then delivered to the Earl of Strafford or his Agents Because the proving of the real Written Will had hindred any further proceedings at present And in the time of the Rebellion Job Ward and the said Mary was turned out of the Rannalaghs and came into England and the said Job her Husband likewise Died. That in the year 1647. the now Suppliant William Eyre Intermarryed with the said Mary formerly Relict and Executrix of the said Calcot 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 Deceit and Subtilty he was deprived of them and many of them came into the now Earl of Straffords hands and his Agents For the said Eyre by means of his opposing Oliv. Cromwell in 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 Mrs. Chambre in Ireland then Eyres Wife perswaded her to make Colonel James Temple her Daughters Guardian least Cromwell should Sequester their Estate because of her Husbands Actions whose pernicious advice she took and 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 Eyre and his Wife in the year 1650. demanding them he refused to deliver them and contrary to his promise inveigels 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 then the Lord Ireton being informed by most of the Nobility and Gentry of the wrong done to Mr. Chambre the said Eyres Predecessor by the late Earl of Strafford Did by the advice of the then Councel put the said Eyre in possession of the said Chambres Estate of Shelelah aforesaid which the said Eyre held several years But being made Prisoner again by Oliv. Cromwell for many years together the Earl of Strafford and Colonel James Temple and his Son Alexander and his Wife taking the opportunity of Eyres Imprisonment combined together and commenced many Suites to out him of the said 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 re-delivered the Lease of 200 years into the now Right Honourable the now Lord Crews hands one of the Trustees who hath acknowledged that he hath the same by him and would deliver it to whom a Court shall command The first Suite the said Confederates commenced was on the behalf of the Countess of Carlile for the aforesaid Lease of 22 years yet had not paid a Penny Rent nor any Profit of the Woods according to the Tenor thereof so that the same was long