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B09133 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. Eyre, William, of Shelelah, Ireland. 1675 (1675) Wing E3943B; ESTC R207977 11,189 16

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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
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