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<DATE>2010-07-28</DATE>
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<NAME>Olivia Bottum</NAME>
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<PB N="1" REF="1">
<HEAD>THE CASE OF William Eyres E&s;q.</HEAD>
<HEAD TYPE="sub">Concerning his E&s;tate in <HI>Ireland,</HI> truly &s;tated, and Humbly Pre&s;ented to the Kings mo&s;t excellent Ma|je&s;ty, and both Hou&s;es of Parliament.</HEAD>
<P><HI>CAlcot Chambre</HI> <ABBR>E&s;q</ABBR> being &s;eized in Fee of the half Barony of <HI>Shelelah</HI> with the Ca&s;tle of <HI>Carnow,</HI> and Appurtenan|ces thereunto belonging, in the County of <HI>Wicklow</HI> in the Kingdom of <HI>Ireland;</HI> conteyning of Arable, Pa&s;ture, Meadows, and Wood-lands, about &s;ixty thou&s;and Acres. Fearing the profu&s;ene&s;s of his Son, made a Lea&s;e of the &s;ame, <HI>Anno.</HI> 1629. To <HI>James Fines, Nathaniel Fines,</HI> and <HI>John Crew,</HI> <ABBR>E&s;q</ABBR> for two hundred years without Impeachment of wa&s;t, in tru&s;t for payment of his Debts and Legacies; and afterwards to &s;uch u&s;es as he &s;hould declare by any further Deed, or by his la&s;t Will and Te&s;tament; and for default of &s;uch Declaration to the u&s;e of his own right Heirs.</P>
<P>The &s;aid <HI>Calcot Chambre Anno.</HI> 1635. Made his la&s;t Will, and gave all his &s;aid Lands to his only Son <HI>Calcot Chambre;</HI> as al&s;o
<PB N="2" REF="2">all his Goods and Chattels: and made his &s;aid Son Sole Executor, and dyed.</P>
<P>After who&s;e death, the &s;aid Tru&s;tees po&s;&s;e&s;t them&s;elves of the Premi&s;es, and would have let a Lea&s;e thereof to one <HI>Sandford</HI> for three years, for payment of the <HI>Decea&s;ed's</HI> Debts and Legacies; and to allow Young <HI>Chambre</HI> 300 <ABBR><HI>ll.</HI></ABBR> <HI>per Annum</HI> for tho&s;e three years, and then to account and deliver up the E&s;tate to him: For this <HI>Sandford</HI> Marrying Old <HI>Chambre</HI>'s Daughter did manage the E&s;tate in <HI>his</HI> time, and therefore the Tru&s;tees thought him the fitter to manage it now for the Young Man. The rather for that the greater part of the &s;aid Debts and Legacies was due to him and his Brother in Law the Lord <HI>Brob&s;on,</HI> &s;ince Earl of <HI>Meeth,</HI> who Married Old <HI>Chambre</HI>'s other Daughter.</P>
<P>That <HI>Thomas</HI> late Earl of <HI>Strafford</HI> then Lord Deputy of <HI>Ire|land,</HI> being by &s;ome ill Per&s;ons put upon coveting this E&s;tate, (which was, and is, as con&s;iderable as mo&s;t in that Kingdom) prevented the Tru&s;tees in the&s;e their hone&s;t Intentions, and at la&s;t got the &s;ame into his own hands, or in tru&s;t for him, by the means and Practices following.</P>
<P>The afore&s;aid Young <HI>Chambre</HI> being come to <HI>Dublin</HI> with his Wife to take Shipping for <HI>England</HI> to live with his Father in Law <ABBR>E&s;q</ABBR> <HI>Le&s;ter</HI> in <HI>Che&s;hire,</HI> and there abide 'till the afore&s;aid three years were expired, was by the &s;ubtilty of the Earl of <HI>Straffora's</HI> Agents per&s;waded not to go Aboard that night, but u&s;e means to get his Brother <HI>Sandford</HI> out of the E&s;tate, or el&s;e he would be un|done: And that he &s;hould Arre&s;t his Brother <HI>Sandford</HI> for &s;even thou&s;and Pounds, which he was to give an account for in his Fa|thers time: But the morning following <HI>Chambre</HI> him&s;elf was made a Pri&s;oner for the mourning for his Fathers Funeral; and <HI>Sandford</HI> hearing of it, Po&s;ted to <HI>Dublin</HI> to pay the Debt: But the before mentioned Agents met him as &s;oon as he came, and told him if he went to his Brother he would be Arre&s;ted for &s;even thou&s;and Pounds. Upon which <HI>Sandford,</HI> being much troubled,
<PB N="3" REF="2">went back and took coun&s;el of the Earl of <HI>Strafford,</HI> &s;eeming his great Friend, whom he did not &s;u&s;pect to have any de&s;ign upon the E&s;tate: and he advi&s;ed in&s;tead of relea&s;ing his Brother, to clap another Arre&s;t upon him for a thou&s;and Pounds Legacy that his Father gave him. When this was done, the Earl cau&s;ed Sir <HI>Philip Per&s;ival,</HI> and others, to make a Propo&s;al; that the &s;aid Sir <HI>Philip</HI> might have a Lea&s;e of 22 years of <HI>Chambres</HI> E&s;tate, for the u&s;e of the Counte&s;s of <HI>Carlile,</HI> paying 4000. <ABBR><HI>l.</HI></ABBR> Fine, and 500. <HI>per Annum;</HI> and the third Penny profit of the Wood And in order to this, the &s;aid Agents per&s;waded <HI>Chambre</HI> to Petition the Earl of <HI>Strafford,</HI> that the Lea&s;e the Tru&s;tees would make to <HI>Sandford</HI> might not go on; but that this Lea&s;e proffered by Sir <HI>Philip</HI> might be perfected, that he might receive the 4000. <ABBR><HI>l.</HI></ABBR> to pay his Fa|thers Debts and Legacies, and get out of Pri&s;on. As &s;oon as e|ver the Earl of <HI>Strafford</HI> received the Petition, he tran&s;mitted it to <HI>England</HI> to the late King and Coun&s;el; and enclo&s;ed it in a Letter to Secretary <HI>Nickolas,</HI> &s;eeming to commi&s;erate the condition of the Pri&s;oner, and troubled that they being out of his reach, he could not redeem the poor Man; and therefore de&s;ired that the Tru&s;tees might be Summoned before the King and Coun&s;el, to an&s;wer the Petition; or el&s;e to be &s;ent over into <HI>Ireland,</HI> that he might take a cour&s;e with them, and the Defendant <HI>Sandford,</HI> that the Pri&s;oner might be relea&s;ed.</P>
<P>Hereupon the Tru&s;tees were immediately &s;ent for to Coun&s;el-Board to yeild to the Lea&s;e propounded to <HI>Per&s;ival;</HI> who alledg|ing that they were letting a Lea&s;e to <HI>Sandford,</HI> Brother in Law to the Petitioner, that was much more advantagious to the Petiti|oner, than that propounded by <HI>Per&s;ival.</HI></P>
<P>The King and Coun&s;el made an Order, <HI>that the bu&s;ine&s;s &s;hould be wholly remitted to the Earl of</HI> Strafford, <HI>to perfect that Lea&s;e for the Counte&s;s of</HI> Carli&s;le (which was in truth for him&s;elf, as did afterwards appear:) <HI>Or make any other better Bargain for the good of the Petitioner; declaring the Earl of</HI> Strafford <HI>&s;hould by a
<PB N="4" REF="3">Decree in Chancery inforce the Tru&s;tees, to a&s;&s;ent to what Bargain he &s;hould make with the &s;aid Counte&s;s, or others, &s;o far as did concern their tru&s;t for twenty two years.</HI> And farther, <HI>that the Earl &s;hould provide by &s;uch Decree, to pre&s;erve the Inheritance, according to the intent of Old</HI> Chambre; (which was, that the tru&s;t &s;hould continue in them 200 years: for he made a power in the Lea&s;e to revoke it, but never did it; &s;o that it is the general Judgement of Coun&s;el, that the Lea&s;e is &s;till in being, and di&s;tinct from the Inheritance.)</P>
<P><HI>Calcot Chambre</HI> being informed what order the Earl of <HI>Strafford</HI> had received Petitions again to him and the Coun&s;el, that the Lea&s;e propounded by <HI>Per&s;ivall</HI> 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 <HI>Brob&s;on</HI> being one of the Coun&s;el, de&s;ired, &s;eeing his Brother mu&s;t be forced to Lett his E&s;tate to pay his Debts, that the King and Coun&s;els Order might be fulfilled, and the be&s;t Bargain accepted of; The mo&s;t of his Fathers Debts being due to him who there offered to have the Lea&s;e of 22 years, and give his Brother 5000 <ABBR><HI>l.</HI></ABBR> Fine, and 600 <ABBR><HI>ll.</HI></ABBR> <HI>per An.</HI> And half the Profits of the Wood: whereas <HI>Per&s;ivall</HI> would give but 4000 <ABBR><HI>ll.</HI></ABBR> fine and 500 <ABBR><HI>ll.</HI></ABBR> <HI>per An.</HI> and the third penny profit of the Woods: &s;o that here was a|bove ten thou&s;and pounds profit, better than that of <HI>Per&s;ivalls;</HI> For there was above two thou&s;and pounds a year made of the Woods, be&s;ides a thou&s;and pounds a year of an Iron work upon the Ground: Yet, notwith&s;tand <HI>Strafford</HI> had the Kings Order to make the <HI>be&s;t</HI> Bargain for the Petitioner, he refu&s;ed this of the Lord <HI>Brob&s;ons,</HI> and cau&s;eth that of <HI>Per&s;ivals</HI> to be perfected by a &s;pecial Order of him and his Coun&s;el: Then <HI>Sandford</HI> was turned out, and the Earle of <HI>Straffords</HI> Agents got po&s;&s;e&s;&s;ion of the Pre|mi&s;es: Yet &s;till <HI>Chambre</HI> was deteyned a Pri&s;oner, though <HI>Sandford</HI> and others Relea&s;ed him; but many came again&s;t him with Paper Petitions to the Earle of <HI>Strafford,</HI> in&s;omuch Mr. <HI>Chambre</HI> could &s;carce get Victuals, and often Petitioned to the Earle of <HI>Strafford</HI>
<PB N="5" REF="3">that the 4000 <ABBR><HI>ll.</HI></ABBR> Fine might be paid, that he might be able to pay his Debts and go out of Pri&s;on; upon which, the Earle cau&s;es an Agent to go to him, and tell him the 4000 <ABBR><HI>ll.</HI></ABBR> would not pay his Debts, and per&s;waded him to &s;ell the Rever&s;ion of the E&s;tate, and he &s;hould have 13 thou&s;and 200 pounds for it: that is to &s;ay, 1200 pounds in hand to help to pay his Debts, and with the other twelve thou&s;and pounds the Earle would Purcha&s;e him a better E&s;tate than his was: But <HI>Chambre</HI> alledging he could not &s;ell it becau&s;e of the Lea&s;e of two hundred years, was kept clo&s;er Pri&s;oner than before, and forced to Petition to the Earle, that the Cook might be paid that he might have Victuals.</P>
<P>And &s;ome of the Earls Agents came often unto him in Pri&s;on to make him merry and cheerful; and then when they found him a little yielding to the Earls de&s;ires, he &s;hould be &s;ent for to Dine with him at the Ca&s;tle, and &s;ometimes let him out of Pri&s;on, and then one pretended Debt or other clapt him up again; in&s;omuch that he was brought into &s;uch mi&s;ery that he was willing to yield to the Earls de&s;ire, If his Wife would: Then the Earle &s;ent a Me&s;|&s;enger to his Wife, de&s;iring her that &s;he would pa&s;s a Fine and Recovery, that her Husband might &s;ell his E&s;tate and come out of Pri&s;on; but &s;he refu&s;ing, was threatned, and her Husband kept clo&s;e Pri&s;oner, that &s;he, nor any el&s;e &s;hould come at him, though &s;he &s;ix times Petitioned to &s;ee him, but could not be admitted, 'till he falling often into Convul&s;ion Fits, the Keeper thinking he would have died, went to the Earl of <HI>Strafford,</HI> and told him that Mr. <HI>Chambre</HI> had a de&s;ire to &s;ee his Wife, and if &s;he did not &s;ee him &s;peedily, &s;he would never &s;ee him alive; upon which he &s;ent his Gentleman to go along with her, and three other men went into his Chamber with her, which are all &s;worn to what followeth, That he lay upon the Table on his belly as good as dead, and they &s;etting him upon his Breech, pouring &s;ome Spirits, and rubbing his Temples, he began to look up, and his Wife weeping, &s;aid Hu&s;|band, how do&s;t thou do: Wife, &s;aid he, I am kept here for a
<PB N="6" REF="4">Bargain: prethe Husband, replyed &s;he, pardon me, for it is my fault I would not pa&s;s a Fine of Recovery: but rather than I will be an In&s;trument to thy death, I will Signe it.</P>
<P>Upon which words the Gentleman returned to the Earl, and told him he mu&s;t &s;trike while&s;t the Irons were hot, for now &s;he was willing: So a Fine was perfected upon the&s;e words only, and a Deed Sealed by <HI>Chambres</HI> for the Rever&s;ion only to four per&s;ons, <HI>Carpenter, Car, Little,</HI> and <HI>Billingsly,</HI> for 13 thou&s;and two hun|dred pounds, when the E&s;tate was worth above Six &s;core thou&s;and; for the Lands would be worth, within 4 or 5 years time, when the old Lea&s;es expired, 5 or &s;ix thou&s;and pounds <HI>per Ann.</HI> and at that time the Wood upon the E&s;tate was worth a hundred thou&s;and pounds, the Earl of <HI>Corke</HI> having proffered (but a year before Old <HI>Chambre</HI>'s death) Three&s;core thou&s;and pounds for the Timber Trees upon the Land.</P>
<P>But how Wood, and Land, and all mu&s;t go for Thirteen thou|&s;and two hundred pounds, and even of that Money, none was ever yet paid, except one Five hundred pounds, which I think was to <HI>Chambres</HI> of <HI>Minmore,</HI> for to relinqui&s;h all his Right in the Premi|&s;es, &s;o much being given him by Old Mr. <HI>Chambres</HI> Will, to Re|linqui&s;h all Rights, and Claimes in the Premi&s;es. And the Earl of <HI>Strafford</HI> made above 30 thou&s;and pounds out of the Profits of the E&s;tate in four years time, before the Rebellion broak forth in <HI>Ireland,</HI> as hath been proved by many Witne&s;&s;es. Whereby ap|pears how well the Kings Order before mentionod was ob&s;erved, that the <HI>be&s;t Bargain</HI> &s;hould be made to pre&s;erve the E&s;tate, <HI>&amp;c.</HI></P>
<P>This being done, the &s;aid <HI>Chambre</HI> was &s;et at Liberty, but com|ing into the fre&s;h Air, and a full Dyet, he lived not long after, leaving two Children, a Son, (that dyed &s;oon after him) and a Daughter.</P>
<P>But before his Death, <HI>viz.</HI> the 7th of <HI>Aug.</HI> 1638. he makes his la&s;t Will and Te&s;tament, bequeathing all his Lands to <HI>Mary</HI> his Wife, for 12 years, the Remainder one Moiety to his &s;aid Wife,
<PB N="7" REF="4">during her life, the other Moiety to his Heirs-Male, and for want of an Heir-Male, to his Uncle <HI>Chambre</HI> of <HI>Minmore,</HI> and his Heirs-male for ever: And 2000 <ABBR><HI>ll.</HI></ABBR> to his Daughter: And makes his Wife &s;ole Executrix, and expre&s;sly gave her all his Goods and Chattels: By which &s;he became Entituled to the Lea&s;e of 200 years, and the 13200 <ABBR><HI>ll.</HI></ABBR> agreed to be given for the Rever&s;ion of the Premi&s;es.</P>
<P>But <HI>Chambre</HI> thus dying, without having Signed any Deed to lead the u&s;es of the &s;aid Fine, the Lord Deputy, apprehending he had not yet made the E&s;tate &s;ecure, by his Agents &s;ets up a Nuncupative Will of the &s;aid <HI>Chambre,</HI> and a Deed of U&s;es thereupon, bearing Date the 3d of <HI>Novemb.</HI> with Feoffees joyn|ing with the &s;aid <HI>Chambre:</HI> that is to &s;ay, <HI>Ralph Le&s;ter, Job Ward, Calcot Chambre</HI> of <HI>Minmore,</HI> <ABBR>E&s;q</ABBR> pretended to be made his Feo|ffees by a Deed in his Life time, and a Lea&s;e, and Relea&s;e dated the &s;ame day under <HI>Chambre</HI> of <HI>Carnow</HI>'s hand only, of all the Lands and Appurtinences ab&s;olutely, whereas the &s;aid <HI>Chambre</HI> in truth did perfect in his Life time only one Deed Dated the 2d of <HI>Novemb.</HI> which was only of the Rever&s;ion, and without any Feo|ffees joyning: And the&s;e After-deeds were &s;et up only to make the bu&s;ine&s;s plau&s;ible on the Earls &s;ide.</P>
<P>For the &s;ame 3d of <HI>Novemb. Carpenter, Car, Little,</HI> and <HI>Billing&s;ly</HI> made a Deed back to <HI>Calcot Chambre</HI> of <HI>Carnow,</HI> and to <HI>Le&s;ter, Ward</HI> and <HI>Chambre</HI> of <HI>Linmore</HI> and their Heirs of all their Right and Title, till the Deed of U&s;es, or Articles of Agreement were made good by <HI>Carpenter, Car, Little,</HI> and <HI>Billing&s;ly,</HI> but all to the u&s;es of the Nuncupative Will: &s;o that if we own the&s;e Deeds, we mu&s;t own that (which is fal&s;e) and if we Sue <HI>Car|penter,</HI> &amp;c. who Purcha&s;ed of <HI>Chambre,</HI> they An&s;wer, they Re|convey'd all the Right they Purcha&s;ed, and we may &s;eize the Lands for not making good the Articles, and renounce all Title.</P>
<P><HI>In which lies the grand Intrigue of the Fraud.</HI></P>
<P>But to the end if one Device would not &s;erve, another might, the
<PB N="8" REF="5">Earl about <HI>Trinity</HI> Term 13 <HI>Car. Prim.</HI> cau&s;ed a Ca&s;e, common|ly called the Ca&s;e of Tenures upon defective Titles to be made, without Jury or Tryal, or con&s;ent of Parties, or other legal proce&s;s, and procured the opinion of the Judges of <HI>England,</HI> and Letters Pattents: wherein (among&s;t others) this E&s;tate of <HI>Shalelaw</HI> is mentioned, as a defective Title (though it never were &s;o; as by inqui&s;ition upon Record appears) and upon that he obtained an Act of Parliament in <HI>Ireland</HI> in 1640. (As is pretended by the now Earl of <HI>Strafford</HI>) for confirmation of E&s;tates on defective Ti|tles; among&s;t which this was again in&s;erted: But this Act was never Recorded; for before he obtained the Royal A&s;&s;ent he was put to Death.</P>
<P>But before that, the Tru&s;tees in the Lea&s;e of 200 years by vexation and practi&s;e were prevailed upon to A&s;&s;ign the &s;aid Lea&s;e (contrary to their tru&s;t, and without <HI>Chambre</HI>'s Widdow joyn|ing with them) to two Per&s;ons for the u&s;e of <HI>Carpenter, Carr,</HI> and others: But it was upon condition that the 13200 <ABBR><HI>l.</HI></ABBR> &s;hould be paid, or laid out for purcha&s;ing Land of Inheritance according to the afore&s;aid Articles.</P>
<P>Which Articles were to be performed in 1645. but were ne|ver made good, nor can be. True it is in the time of the Suits with the Tru&s;tees, the Earl of <HI>Strafford</HI> pretended for to purcha&s;e a place, called the <HI>Rannalaws</HI> of Sir <HI>Adam Loftus,</HI> which was Plantation Land, taken from the <HI>Iri&s;h</HI> in <HI>Ireland,</HI> and given to &s;everal men, upon commi&s;&s;ion of Grace, and no real Inheritance, according to the Articles: and the Purcha&s;e was but a Lea&s;e of five hundred years, to the u&s;e of Mr. <HI>Chambre,</HI> and the afore&s;aid Tru&s;tees, which was mentioned in the &s;aid Articles, for &s;uch damages as they &s;hould &s;u&s;tain, till the Articles of agreement was made good, on <HI>Carpenter</HI> and <HI>Cars</HI> part.</P>
<P>And al&s;o the Lea&s;e of five hundred years, was for the u&s;e of <HI>Carpenter</HI> and <HI>Car</HI> till the other &s;hould be made good the Articles on their part.</P>
<P><PB N="9" REF="5">
The Earl of <HI>Strafford</HI>'s Agents pretend they have laid out ten thou&s;and Pounds for it, but they laid it out without our a&s;&s;ent; for the Land was never worth five thou&s;and Pounds, as it ap|peared by many Witne&s;&s;es: and the &s;aid <HI>Mary Chambre</HI> the Re|lict (then Married to <HI>Job Ward</HI>) was put into Po&s;&s;e&s;&s;ion of it, not knowing where el&s;e to go; and injoyed it one year, before the Rebellion broke out, as part of &s;ecurity of the twelve thou&s;and Pounds, which &s;hould be laid out for Land of Inheritance.</P>
<P>It is to be noted, that all this while, the real Will in Writing of <HI>Chambre</HI> was not di&s;covered, he having intru&s;ted it with Mr. <HI>Guttridge</HI> then Mini&s;ter of <HI>Carnow;</HI> who in the year 1640. proved the &s;aid Will, and <HI>Mary</HI> the Relict came in Per&s;on and Admini|&s;tred to it; and then tho Nuncupative Will was thrown out of Court, although &s;he was forced to Admini&s;ter to it a year before: And the Earl of <HI>Strafford</HI> had &s;pent above 500. <ABBR><HI>l.</HI></ABBR> in the maintain|ing of it in Law; but when this was done, the Earl of <HI>Strafford,</HI> and his Agents, was at a &s;tand, becau&s;e all the fal&s;e Deeds and the Articles of agreement upon which the Tru&s;tees &s;igned away their tru&s;t; and what&s;oever was done upon the nuncupidie Will, was void and out of doors: And <HI>Job Ward</HI> and his Wife had all the Deeds and Writings and the Lea&s;e of 200 years (that was re|&s;igned up by Mr. <HI>Crew</HI>) in their own hands, and none were de|livered to the Earl of <HI>Strafford</HI> or his Agents; becau&s;e the pro|ving of the real Will had hindered any farther proceedings at pre&s;ent.</P>
<P>And in the time of the Rebellion <HI>Job Ward</HI> and his Wife was turned out of the <HI>Ranalows</HI> by the Rebbells, and came into <HI>Eng|land</HI> and lived &s;ome years. and <HI>Job Ward</HI> dyed.</P>
<P>And in the year 1647. <HI>William Eyres</HI> Marries the Widdow; by which Marriage all the Writing and proceedings in the cau&s;e above&s;aid, came to his hands; and al&s;o the Lea&s;e of 200 years, and the E&s;tate therein: but by deceit and &s;ubtilty he was deprived of them, and many of them came into the now Earl of <HI>Strafford</HI>'s hands, and his Agents. For,</P>
<P><PB N="10" REF="6">
By the means of the &s;aid <HI>Eyres</HI> often Impri&s;onment oppo&s;ing <HI>Oliver Cromwel</HI> in his Arbittrary power, and the death of the late King of ble&s;&s;ed Memory, the &s;aid <HI>Eyres</HI> being a clo&s;e Pri&s;oner in <HI>Warwick</HI> Ca&s;tle in the year 1649. Judge Advocate <HI>Whale,</HI> being a Servant to Mrs. <HI>Chambre</HI> in <HI>Ireland</HI> (which was become <HI>Wil|liam Eyres</HI> his Wife) he per&s;waded her to make Colonel <HI>James Temple</HI> his Daughters Guardian; for <HI>Cromwel</HI> would &s;eque&s;ter her E&s;tate, becau&s;e of her Husbands Actions: who&s;e pernicious advice &s;he took, and al&s;o tru&s;ted the &s;aid <HI>Temple</HI> with mo&s;t of the Writings concerning the E&s;tate, upon his promi&s;e, to re&s;tore her Daughter, and Writings, upon demand: But the &s;aid <HI>Eyres</HI> and his Wife in the year 1650. demanded the Daughter, and Wri|tings, which he refu&s;ed to deliver; and contrary to his promi&s;es Inveigles the Daughter to marry with his younge&s;t Son <HI>Alexander:</HI> and the &s;aid <HI>Eyres,</HI> the latter end of the year 1650. went into <HI>Ireland</HI> to look after his E&s;tate, in the right of his Wife; and the then Lord <HI>Ierton,</HI> being informed by mo&s;t of the Nobility and Gentry, of the wrong done to Mr. <HI>Chambre,</HI> the &s;aid <HI>Eyres,</HI> his predice&s;&s;or by the late Earl of <HI>Strafford,</HI> did, by the advice of the then Coun&s;el put the &s;aid <HI>Eyres</HI> in <HI>po&s;&s;e&s;&s;ion</HI> of the &s;aid <HI>Chambre's</HI> E&s;tate with the Ca&s;tle of <HI>Carnow,</HI> which the &s;aid <HI>Eyres</HI> held &s;eve|ral years; but being made Pri&s;oner again, by <HI>Cromwel,</HI> for many years together. The Earl of <HI>Strafford,</HI> and Colonel <HI>James Temple,</HI> and his Son <HI>Alexander</HI> and his Wife, taking the opportunity of <HI>Eyre's</HI> Impri&s;onment, combined together, and commenced many Suits to out him of the half Barony of <HI>Shelela,</HI> of which he was in po&s;&s;e&s;&s;ion, and entertained one Mr. <HI>Jo&s;eph Avery</HI> to pro&s;ecute both their Suits again&s;t him; and tru&s;ted him with the Writings, which Old <HI>Temple</HI> had betrayed <HI>Eyres of.</HI> And al&s;o delivered the Lea&s;e of 200 years in to my Lord <HI>Crews</HI> hands (who was one of the Tru&s;tees) who hath &s;worn he hath the Lea&s;e &s;till by him; and &s;hall deliver it, to whom a Court &s;hall command.</P>
<P>The fir&s;t Suit the &s;aid <HI>Avery,</HI> and the Earl of <HI>Strafford</HI> his Agents
<PB N="11" REF="6">commenced, was in the behalf of the Counte&s;s of <HI>Carlile</HI> for the Lea&s;e afore&s;aid for 22 years; yet had not paid a Penny Rent, nor any profit of the Wood, according to the tenour of the Lea&s;e; upon which the Lea&s;e was forfeited: yet they commenced many Suits &s;everal years, to weary out the &s;aid <HI>Eyres,</HI> as he was a Pri&s;o|ner: and al&s;o commenced a Suit again&s;t the &s;aid <HI>Eyres,</HI> and <HI>Cal|cot Chambre</HI> of <HI>Minmore,</HI> who did pretend to be Heir Male to the E&s;tate, according to the tenour of Young <HI>Chambre's</HI> Will of <HI>Carnow:</HI> And in the year 1657. all the Suits of the Earl of <HI>Strafford,</HI> and his Agents, came to a full hearing: and after five days debate, from morning to night, before Chancellor <HI>(Steel)</HI> who did then Judge, that the Inheritance might belong to the Earl of <HI>Strafford;</HI> becau&s;e of the fine and recovery pa&s;t, although it were &s;urreptitiou&s;ly gained; and the Heir Male went forth of the Court, and refu&s;ed to make out his Title; but the Court Judged that the Lea&s;e of 200 years did belong to <HI>William Eyre,</HI> in the right of his Wife; and therefore did di&s;mi&s;s the Counte&s;s of <HI>Carlile,</HI> and the Earl of <HI>Strafford,</HI> and all his Agents, with their Suits, that had been four or five years &s;tanding in &s;everal Courts; and did declare, that the &s;aid <HI>Eyres</HI> &s;hould be kept &s;till in Po&s;&s;e&s;&s;i|on, in the right of his Wife (the Lea&s;e of 200 years belonging unto him.)</P>
<P>Whereupon the Earl of <HI>Strafford</HI>'s Agents produced the before-mentioned Act of Parliament, for the &s;trengthening of defective Titles, upon his Maje&s;ty's Commi&s;&s;ion of Grace of 400 and odd Mannours (among&s;t which) <HI>Shelelah,</HI> and <HI>Chambres</HI> E&s;tate, was foy&s;ted in, with a defective Title; upon which Chancellor <HI>Steel</HI> deferred his Jubgement, till the next Term, expecting the &s;aid <HI>Eyres,</HI> and his Wifes Cro&s;s-Bill, would come to a hearing.</P>
<P>By the next Term the Earl of <HI>Strafford,</HI> and all his Agents put in a Plea to the &s;aid <HI>Eyres,</HI> and his Wifes Bill, renouncing all Titles, and Claims what&s;oever, declared by the &s;aid Bill. And did challenge the E&s;tate, by the Act of Parliament for &s;trengthen|ing
<PB N="12" REF="7">defective Titles; upon which, though it never had the Royal A&s;&s;ent, nor was Recorded Judge <HI>Steel</HI> made a Decree, that the Earl of <HI>Strafford</HI> &s;hould enjoy the Po&s;&s;e&s;&s;ion of the E&s;tate, not up|on any Title, but only by that Act; and declares in his Decree, there is nothing to be con&s;idered but that: That is, whether it be a defective Title or not, and gave the Earl of <HI>Strafford</HI> Po&s;&s;e&s;&s;ion, till he was outed by due cour&s;e of Law, or farther order of the Court: And did publickly blame <HI>Eyres</HI>'s Coun&s;el, for not bring|ing his Cro&s;s-Bill to hearing, with the Earl of <HI>Strafford's</HI> Suits; and told them that there was &s;peaking of a Will, and an Inqui&s;i|tion, to prove that the E&s;tate was no defective Title; and he did believe there were &s;uch things: but they had not appeared Judici|ally before him, and advi&s;ed the &s;aid <HI>Eyres</HI> to Appeal to a Par|liament, who would undoubtedly do him right in the thing, which he being of an Inferiour Court, had not power to do.</P>
<P>But the &s;aid <HI>Eyres</HI> being, at that time, a Pri&s;oner by <HI>Cromwel</HI>'s order, for oppo&s;ing the death of the late King afore&s;aid, could not look after his bu&s;ine&s;s: And was not relea&s;ed, until <HI>Richard Cromwel</HI> was turned out, and <HI>Ludlow</HI> &s;ent over by the Long-parliament in|to <HI>Ireland:</HI> And within half a year afterwards was made Pri&s;oner again for this occa&s;ion (as followeth) His Maje&s;ty being to be Proclaimed in <HI>Ireland</HI> in the year 1660. on the 18th. of <HI>May,</HI> the afore&s;aid <HI>Eyres</HI>'s Wife, de&s;ired that &s;he might rejoyce with her Tenants for the Re&s;tauration of His Maje&s;ty on the day afore&s;aid; and invited &s;ix or &s;even hundred People to Fea&s;t, and ordered the &s;aid <HI>Eyres</HI>'s Servants to carry ten Wain-load of Wood to a Hill, to make a great Bone-fire.</P>
<P>But the &s;ubtilty of his Adver&s;aries who were in Po&s;&s;e&s;&s;ion of his E&s;tate prevented it, that they might the more craftily prevent the &s;aid <HI>Eyres</HI> for Appealing to the Parliament in <HI>Ireland</HI> for re|covering the Lea&s;e of 200 years above&s;aid: And to that purpo&s;e, imploying a particular Agent, one <HI>Floid</HI> a <HI>Wel&s;h-man,</HI> to pry into the &s;aid <HI>Eyres</HI>'s Actions; he brought fained complaints again&s;t
<PB N="13" REF="7">him (whereof one was that if they did not fetch the &s;aid <HI>Eyres</HI> away before the 18th day, he would be the head of a great Army to oppo&s;e the coming in of the King; whereupon immediately the Coun&s;el of State &s;ent five Troops of Hor&s;e and took the &s;aid <HI>Eyres</HI> out of his Bed, and carryed him Pri&s;oner to <HI>Dublin</HI> Ca&s;tle, where he was mo&s;t cruelly handled for &s;ometime: afterwards hurried (from Pri&s;on to Pri&s;on) above Ten years &s;pace, and &s;ome|times neither Meat nor Drink &s;uffered to come at him, but what was given in by &s;tealth at a hole made under the door for the Cat to go in and out: And the Mar&s;hal being demanded by the Pri&s;o|ners and others, the rea&s;on of &s;o great Cruelty afflicted upon the &s;aid <HI>Eyres,</HI> his An&s;wer was, that his Command was &s;o &s;trick that he did not dare to do otherwi&s;e; And did declare often that he had an Order to Starve the &s;aid <HI>Eyres:</HI> At which time, all per&s;ons what&s;oever were prohibited for coming at him. And his Wife was not &s;uffered to come to him, yet at the &s;ame time &s;ome were admitted to &s;erve him with <HI>Subpena</HI>'s, to an&s;wer a Bill in Chancery, through the Combination of <HI>Alixander Temple,</HI> and the now Earl of <HI>Straffords</HI> Agents: And for Contempt to the Court, Chancel|lor <HI>Hu&s;tes</HI> grants an Injunction, and turns the &s;aid <HI>Eyres</HI> Wife and his Family out of doors of the <HI>Rannalaws</HI> too, and they had ut|terly Peri&s;hed if good people had not Relieved them, although the &s;aid <HI>Eyres</HI> his Coun&s;el did proffer his Oath that the &s;aid <HI>Eyres</HI> did not make any Contempt, neither was he in any Capacity &s;o to do: Upon which Injunction the &s;aid <HI>Eyres</HI> and his Family hath been e|ver &s;ince kept out of the Po&s;&s;e&s;&s;ion of the &s;aid <HI>Rannalows,</HI> which was pretended to be Purcha&s;ed for the u&s;e of Mr. <HI>Chambre</HI> afore|&s;aid, which Purcha&s;e was but a Lea&s;e of 500 years, and belongs really to the &s;aid <HI>Eyres</HI> in the Right of his Wife.</P>
<P>But by Rea&s;on of the above-&s;aid Combination, The afore&s;aid <HI>Eyres,</HI> nor any one of his Family hath not &s;ince Received one pen|ny profit thereof to this day, that he knows of: For his Wife Fainted in the Streets of <HI>Dublin</HI> (for Want and Died) Crying out
<PB N="14" REF="8">her Daughter had broke her Heart &s;ince <HI>Eyres</HI> Relea&s;ement out of Pri&s;on; And the &s;aid <HI>Temple</HI> &amp; his Wife have the Benefit of all that the Earl of <HI>Strafford</HI> was to give for the Inheritance of <HI>Shelala,</HI> ex|cept one Five hundred pounds paid to <HI>Chambre</HI> of <HI>Minmore;</HI> al|though in truth the whole 13 thou&s;and two hundred pounds which was to be given for <HI>Shelela,</HI> did belong to <HI>William Eyre</HI> in Right of his Wife as a Chattle (as ith hath been often declared by all the Judges in <HI>Ireland,</HI> for that there was no Land Purcha&s;ed in Mr. <HI>Chambre</HI>'s Life time: And the Judges did farther Declare, That what ever they Pay of the Purcha&s;ed Money to any other, than to the &s;aid <HI>Eyres,</HI> they paid it in their own wrong) which cau&s;ed the now Earl of <HI>Strafford</HI> to take a Bond of the &s;aid <HI>Temple,</HI> of twenty thou&s;and pounds to &s;ave him harmle&s;s from the &s;aid <HI>Eyres,</HI> which that will not, nor cannot do (if Ju&s;tice may be had) For Mr. <HI>Chambre</HI>'s Daughter had a Seelected Portion of two thou&s;and pounds, given her by her Fathers Will, though now they would make her Heir of All.</P>
<P>O&s;erve Mr. <HI>Chambers</HI> gave all his Lands to his Heirs Male, after the Death of his Wife, and to <HI>Calcot Chambers</HI> of <HI>Minmore,</HI> and his Heirs-Male; And that the Earl of <HI>Strafford</HI> at the hearing of Cau&s;e, Renounced all his Titles to Mr. <HI>Chambers</HI> E&s;tate upon which the Inheritance Remains in the &s;aid <HI>Eyres</HI> Wife, as well as the Lea&s;e of two hundred years, he having one onely Child by her.</P>
<P>For <HI>Calcot Chambre</HI> of <HI>Minmore</HI> &s;ells to the &s;aid <HI>Eyres</HI> his Wife and her then Husband for five hundred pounds by a Deed perfect|ed under his hand and Seal, neer a year after the death of <HI>Cham|bre</HI> of <HI>Carnow:</HI> Whatever was given in that Will, or by any o|ther Grant what&s;oever to the &s;aid <HI>Chambre</HI> of <HI>Minmore;</HI> And therefore that <HI>Chambre</HI> of <HI>Minmore</HI> hath no Right to the Pre|mi&s;es.</P>
<P>The &s;aid <HI>Eyres</HI> &s;eeing the Cruelty u&s;ed to him and his Wife, and Family in his Impri&s;onment, brought him&s;elf to a Tryal &s;ome|time
<PB N="15" REF="8">&s;ince in <HI>Ireland</HI> by a <HI>Habe as Corpus,</HI> and was cleared by pub|lick Proclamation by the Judges of the <HI>Kings-Bench:</HI> But imme|diately, before he was clear of the Pri&s;on, there came an Order to another Mar&s;hall, more cruel than the other was, to take him in|to his Cu&s;tody, and al&s;o an Order of High Trea&s;on: And fo four years and upwards he was brought to the Bar twice a Term, that he might know what this High Trea&s;on was; but the Attorney General put it off from time to time, in&s;omuch that the Judges de|clared in open Court, It would light heavy &s;omewhere at la&s;t, in keeping a man &s;o long in Pri&s;on after he was cleared by Law. But His Maje&s;ty and Coun&s;el being Informed of the Cru|elty u&s;ed to the &s;aid <HI>Eyres,</HI> granted an Order, That he &s;hould have the Benefit of the Law: Upon which Order the Judges brought him upon Tryal; and finding nothing come again&s;t him, Cleared him the Second time by Proclamation. Which Troubles (he fears purpo&s;ely occa&s;ioned) have been the only Cau&s;e why he had not &s;ooner made his Addre&s;s for Relief.</P>
<P><HI>&V;pon the Whole Matter Ob&s;erve;</HI></P>
<P N="1">1. That <HI>Calcot Chambre</HI> the Younger being Entituled not only to the Inheritance, but al&s;o di&s;tinctly to the Lea&s;e of 200 years (which could not be drowned by the Di&s;cent, becau&s;e it was to operate to other Intents afterwards, as Payment of Debts, Lega|cies, <HI>&amp;c.</HI>) And he by his Will having expre&s;sly given all his Chattels (wherein &s;uch Lea&s;e is included to his Wife, whom al|&s;o he made Executrix) <HI>Eyres,</HI> by Inter-Marrying with her, be|come, and is Lawfully Entituled thereunto: Nor could the Tru&s;tees Legally A&s;&s;igne it to any, without &s;he and her Husband had Con&s;ented and Joyned therein.</P>
<P N="2">2. That there appears only 500 <ABBR><HI>ll.</HI></ABBR> paid by the Earl, or his A|gents, for this Va&s;t E&s;tate: out of which the pre&s;ent Earl, (though Ordered to the Contrary in the year 1661. till the Title were cleared) has made 3000 <ABBR><HI>ll.</HI></ABBR> <HI>per Annum</HI> ever &s;ince, meerly of Wood growing thereupon.</P>
<P N="3"><PB N="16" REF="9" MS="y">
3. That the Earl, his Tru&s;tees, or Agents can pretend no Title but by the Act of Parliament, becau&s;e they have di&s;claimed all others on Record.</P>
<P N="4">4. That &s;uch pretended Act never had the Royal A&s;&s;ent: And was obtained on a mo&s;t fal&s;e Sugge&s;tion; the Premi&s;es being ne|ver any Defective Title, as by Inqui&s;ition upon Record doth ap|pear.</P>
<P N="5">5. How tortiou&s;ly, and by what Practi&s;es all the Preten&s;es of Right and Po&s;&s;e&s;&s;ion were obtained; and that there is no Declara|tion of U&s;es on the &s;aid Fine and Recovery by young <HI>Chambre.</HI></P>
<P><HI>La&s;tly,</HI> How long the &s;aid <HI>William Eyres</HI> has been kept out of &s;uch his Right; What &s;evere Impri&s;onments and Hard&s;hips, (chiefly, as he has good grounds to believe, on this occa&s;ion) he has &s;uffered, and to what Extremities he is Reduced; with many other &s;ad Circum&s;tances, which will appear to the Judicious, in Reading this his Fore-going Ca&s;e: The Truth whereof he is ready to make appear in every Particular: And yet (had he not been in|forced by the unan&s;werable Impul&s;es of Nece&s;&s;ity, after all other O|vertures were di&s;pi&s;ed, though offer'd with the greate&s;t Re&s;pect) he &s;hould not have thus Expo&s;ed the &s;ame, le&s;t he &s;hould &s;eem to &s;wound the Memory of the Dead, or the Honour of the Living; Both which are much contrary to the Innocence of his Intentions, who&s;e De&s;ign herein is only to &s;et forth matter of Fact; without Aggravations, or unbe&s;eeming Reflections: And he humbly hopes, &s;ince His Maje&s;ty in his late Gracious Speech to both Hou&s;es has given the World fre&s;h A&s;&s;urances of his great Zeal for the Pre&s;er|vation of Property; It may not be un&s;ea&s;onable for this poor Complainant to make his Addre&s;&s;es to His Maje&s;ty; and that mo&s;t High and Honourable Court, in who&s;e Power only it lies to Re|lieve him, For the Re&s;titution of his Ju&s;t Rights, &s;o long deteyn|ed from him.</P>
<CLOSER><SIGNED>William Eyres.</SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
