all the Judges in Ireland no Land being purchased in Mr. Chambres Life-time And the Judges did likewise further declare that whatever they pay of the purchase Money to any other then the said Eyre they pay it in their own wrong which caused the now Earl of Strafford to take a Bond of the said Temple of 20000 l. as he is informed to save him harmless from the said Eyre which that will not nor cannot do when Truth and Justice shall take place For Mr. Chambres Daughter had a distinct Portion of 2000 l. given her by her Fathers Will though now they would make her Heir of all that they have been pleased to leave the Family That the said Eyre to vindicate his innocency to the World brought himself to a Tryal sometime since in Ireland by a Habeas Corpus and was cleared by publique Proclamation in the Court of Kings-Bench there But immediatly before he was clear of the Prison there came an Order to another Marshal more Cruel then the former to take him into his Custody on a General Charge of High Treason and four years and upwards he was brought to the Bar twice a Term to know what his Treason was But the Attorney General put it off from time to time insomuch that the Judges declared in open Court it would fall heavy somewhere at last for keeping a man so long in Prison after he was cleared by the Law But his Majesty and Councel being informed of the Cruel Injustice used to the Pisoner was Graciously pleased to Command by a special Order that he should have the benefit of Liberty according to Law upon which Order the Judges brought him again to the Bar and finding nothing against him but only an Allegation that there was formerly a Charge of Treason preparing against him but now the same was lost they cleared him the second time by Proclamation discharged and then after 10 years Hardship and vast Expence he was released not knowing of whom Which continual and most vexatious troubles he fears purposely contrived have been the only cause why he was no sooner released whereupon he made his humble Address for reliefe and recovery of just Rights in the before-mentioned Estate wrongfully as he humbly conceives and is by Councel advised withholden from him Upon the whole matter be pleased to observe First That Calcot Chambre the younger being intituled not only to the Inheritance but also distinctly to the Lease of 200 years which would not be drowned by the descent because it was to operate to other intents afterwards as payment of Debts Legacies c. and was acknowledged to be in force long afterwards by their attempts to sell and convey it And he by his Will having expresly given all his Goods and Chattels wherein that Lease is Intituled to his Wife and Executrix And the Conveyance executed afterwards in his life time not pretending to affect such Estate for years but only the Reversion Eyre by intermarrying with the said Executrix became and is lawfully intituled thereunto for the Residual Term And for the Assignment or Sale thereof by the Trustees the same was without consideration and they were surprized into that Action by the pretended Deeds set afoot as aforesaid nor could such Assignment as Councel advise give away the Executrixes Right unless she or her then Husband had actually Sealed the same 2ly That there appears only 500 l. paid by the late or present Earl of Strafford or their Agents for this vast Estate their purchase of the Rannalaghs being without the consent of Chambre or his Wife c. And 't is proved by many Witnesses that the late Earl of Strafford made above 30000 l. of the profits of this Estate in 4 years time before the Rebellion broke out And the present Earl though ordered to the contrary in the year 1661. till the Title should be cleared has made at least 3000 l. per annum ever since only of the Wood growing thereupon 3ly That the present Earl his Trustees or Agents can pretend no Title but by the pretended Act of Parliament for investing of it in the Crown Anno 1638. and Letters Pattents thereupon given to him upon Commission of Grace and in the year 1640. or thereabouts caused an Act of Parliament to be made by his Deputies for the confirmation of all the aforesaid Mannors to him which was granted him by Letters Pattents as aforesaid which Act was never Recorded for 17 years after the date thereof at the hearing of the Cause they moved Chancellor Steele that it might be Recorded and Councel declared it ought not to be Recorded because it had not the Royal assent 4ly All the Title that the Earl of Strafford has to challenge Right is only by these two Acts of Parliament and Letters Pattents thereupon The first Act and the Letters Pattents thereupon being void because it is mentioned if it be plantation Lands and his Majesty abused in his Grant and the last Act being void having not the Royal assent therefore it is apparent that the said Earl of Strafford has no Title to it the premisses being never any defective Title as by Inquisition upon Record doth appear And the said half Barony of Shelelah was inserted there by practice And when it passed neither Heir to the Inheritance nor Trustees to the Lease of 200 years had never any notice of it to make them capable of defending their Title and Trust 5ly That Chambre the Son giving all his Lands to his Heirs Male and to Calcot Chambre of Minmore and his Heirs and the present Earl of Strafford having disclaimed all his Titles by Deed or Purchase and the said Calcot Chambre of Minmore having after the death of the beforementioned Infant Heir Male sold to the said Eyres late Wife for 500 l. by Deed executed under his Hand and Seal ready to be produced whatever was given him by that Will or any other Grant whatsoever It follows as 't is humbly conceived that the Inheritance was invested in the said Eyres Wife by whom he had one Daughter as well as the Lease of 200 years 6ly How notoriously and by what practices all pretences of right and possession have continually been obtained on the part of the Earls Agents and how long the said Eyre has been kept out of the same by unheard of cruelties what severe Imprisonments and unparallel'd hardships chiefly as he has grounds to believe on this occasion he has suffered and to what extremities he is reduced with many other sad circumstances which will appear throughout the whole series of the Case The truth whereof the said William Eyre is ready to make appear in every particular And yet had he not been inforced by the unanswerable impulses of necessity after all other overtures were despised though offered with the greatest moderation he should not thus have exposed the same least he might seem to violate his due respects to the meâ—â—◠〈…〉 〈◊〉 of his Intentions whose design is only to
set forth a brief of the matter of Fact without Aggravations of unbecoming Reflections And hopes it may not be thought presumption in this ruinated Suppliant humbly to make his Address to His Majesty and the most High and Honourable Court of Parliament in whose power only he is advised it lies to relieve him for the restitution of his just Rights as he conceives so long wrongfully detained from him William Eyre The Earl of Strafford and his Agents having renounced all his Titles to Shelelah and challeng'd it only by an Act of Parliament and Letters Pattents from His Majesty as by their Plea upon Oath doth appear And it is clear that Shelelah was never any plantation Land as will appear by these Arguments following viz. 1. For two years before the Act of Parliament and Pattent was granted there was an Inquisition legally taken that Mr. Chambre was possessed of Shelelah as an Estate in Fee and that he had lett a Lease for 200 years because of the profuseness of his Son to preserve the profits to the use of his Will 2. By an Order from His late Majesty and Councel to the Earl of Strafford That he should cause a Decree in Chancery in Ireland to be made for the preservation of the Estate according to the intent of old Chambre aforesaid 3. Which Order was a year before the Act of Parliament and Pattent and the Earl of Strafford and his Councel made an Order upon the King and Councels Order that there should be a Decree in Chancery for the preservation of the Inheritance 4. But his avidous desire made him falsifie both these Orders and kept Chambre in Prison till he was almost starved to death to force him to sell the Reversion of the Estate to him 5. That after Chambres's death they hatched a Nuncupative Will and grounded many false Deeds thereupon the better thereby to secure the Estate to the Earl of Strafford which deceit they had no need to have used if it had been plantation Lands 6. And they would have had no occasion to have forced the Trustees to sell the right of the Lease upon the false Deeds aforesaid to them for 13200 l. conditionally to be laid out in Lands for the use of Chambre aforesaid which was never done because shortly after the real Will was discovered and the Nuncupative Will was thrown out of Court and all the false Deeds grounded thereupon void 7. If it had been plantation Lands as the Earl of Strafford would have it by the Act they had no need to appeal to the Court of Claims in Ireland since His Majesties Restauration to have had it settled upon the Earl of Strafford as Traytors Land but the Commissioners finding it was an Estate in Fee and no forfeited Land by any former Rebellion and Eyres being then a Prisoner and unconvicted the Commissioners of the Court of Claims would not meddle with it By these Arguments it is clearly seen that Strafford has no right to it but by the Act of Parliament aforesaid which Act is out of doors as to Shelelah for the Parliament when the Act was granted fearing they might be mis-informed says in the Act It shall be invested in the Crown if it be plantation Lands and being none His late Majesty was abused in His Grant which is hoped His now Majesty and Parliament will rectifie And he further demonstrates to His Gracious Majesty and the most Honourable Houses of Parliament that there was an Act of Parliament made upon the late Earl of Straffords Attainder in which there is salvo that extenuates and takes away what right this present Earl can or may challenge by the former Acts of Parliament made in Ireland for the Act saith That no Lands should be invested in the King but what was really the Earl of Straffords own Estate and not any Lands that he had gained into his hand upon paper Petitions and Imprisonment of Men it being well known to many yet living what cruelty and duress of Imprisonment was used by the instigation of the late Earl of Strafford to enjoyn and enforce Chambres to grant the Reversion of the said Estate of Shelelah to him your Suppliant hopes and humbly expects that His most Gracious Majesty and the most Honourable Houses of Lords and Commons assembled in Parliament well weighing and duely considering the injustice and wrong by which the said Estate was obtained by the late Earl and still is detained from your Suppliant by the now Earl and his Agents your Suppliant doubts not but your most Gracious Majesty and the most Honourable Houses of Parliament will in your most Soveraign Justice and Mercy cause your Suppliant to be restored to his said Estate after his so many years of oppression and
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 BY Inquisition upon Commmission granted and Jury chosen and legally executed at Bray Anno 1636. which Commission was returned with a Copy of a Lease of 200 years and old Mr. Chambres's Will verbatim upon Record by which it doth appear that Calcot Chambre Esq being seized in Fee of the said half Barony of Shelelah and Castle of Carnow with the Appurtenances thereunto belonging in the County of Wicklow in the Kingdom of Ireland containing of Arrable Land Pasture Meadow and Wood Lands about 60000 Acres fearing the profuseness of the Son did 1629. make a Lease of the same to James Tines Nathaniel Fines and John Crew Esquires for 200 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 in default of such Declaration to the use of his own right Heirs with power to revoke it but never did therefore the Lease remains still in force That the said Calcot Chambre Anno 1635. made his last Will bequeathing several Legacies and gave all his said Lands and likewise all his Goods and Chattels to his Son Calcot Chambre whom he also made his sole Executor and dyed owing several sums of Money After whose decease the said Trustees possessed themselves of the premisses and agreed to let a Lease thereof to one Sandford for three years for payment of the deceaseds Debts and Legacies and to allow young Chambre 300 l. per annum for those three years 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 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 also got the same into his own hands or in Trust for him by the means and practices following First The aforesaid young Chambre being come 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 were expired was by the subtilty of the Earl of Straffords 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 posted to Dublin to pay the Debt but the beforementioned 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 upon him for a 1000 l. pretendedly due to Sandford which being done and Chambre and Sandford thus set at variance the Earl caused Sir Philip Percival and others to make a proposal that the said Sir Philip might have a Lease of 22 years of Chambres'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 to the Earl of Strafford that the Lease from the Trustees to Sandford might not go on but that the 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 the Earl received this Petition he transmitted it to England to His late Majesty and Councel seeming much to commiserate Chambre his Condition and 〈…〉 Order to compell the Trustees to consent to this Bargain they living in this Kingdom of England Hereupon the Trustees were sent for before the Councel Board to yield to this Lease propounded by Percivall who alledged they were letting a Lease of the premisses to Sandford much more advantageous 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 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 for he reserved a power in the Lease to revoke it but never did so that the same is still in being and distinct from the Inheritance Now Chambre being informed what Order the Earl of Strafford had received Petitions again to him and the Councel that the Lease propounded by Percivall 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 seeing 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 Percivall would give but 4000 l. Fine and 500 l. per annum and the third penny profit of the Woods so that here was above 10000 l. profit better then that of Percivalls for there was above 2000 l. per annum made Communibus Annis of the Woods Yet the Earl of Strafford refused this offer and caused the Lease with Percivall to be perfected by a special Order forcing the Trustees to consent by a Decree but no care was taken therein to preserve the Inheritance for that did not suit with the Earls avidous hope so that His Majesties Order of Councel was doubly defeated and eluded nor was the 500 l. per annum Rent or third part of the profit of the Woods mentioned in the said Lease ever paid or one penny thereof
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