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land_n die_v life_n remainder_n 4,042 5 10.9432 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A39118 A particular deduction of the case of William Eyre Esq. concerning his right to the half barony of Shelelah and Castle of Carnow ... : humbly presented to the King's Most Excellent Majesty ... Eyre, William, Gent. 1670 (1670) Wing E3945; ESTC R35554 14,076 31

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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