THat Calcot Chambre the Elder, Es (que) selling a very considerable Estate in Oxford-shire, did with the money, Purchase the said Half Barony of Shelelah, and Castle of Carnow, with the Appurtenances, containing in Arrable, Pasture, Meadow, and Wood-Land, about 60000 Acres, and [Page 2] being thereof seized in Fee, See the Inquisition Anno 1636. Fearing the profuseness or Imbecility of his Son, and to se­cure the Inheritance, did the 18th, of Au­gust 1629. make a Lease of the same to James Fines, Nathaniel Fines and John Crew, E­squires, for 200 years to commence immedi­ately from his death without Impeachment of Wast, in Trust for the 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 he never did, so that the said Lease still remains in force.

That the said Calcot Chambre the Elder, made his last Will 30 Octo. 1632. and gave all his Lands to his Son Calcott Chambre, and likewise all his Goods and Chattels, whom he made sole Ex­ecutor, and dyed, owing several summs of Money, and his Will by his said Son was du­ly proved.

After whose Decease, the said Trustees by vertue of the said Lease, possessed themselves of the Premisses, and agreed to let a Lease thereof to one Sandford for three years, for payment of the Deceased's Debts and Legacies, and to allow young Chambers 300 l per Annum for these three years for his maintenance, [Page 3] and then to account and deliver up the Estate to him; The said Sandford being one of the principal Creditors and Legatees.

See a large Affidavit of this.But Thomas late Earle of Strafford then Lord Deputy of Ireland, being by some ill persons put upon the Coveting this Estate (which was and is as considerable as most in that King­dome) and having even in the life-time of the said Calcott Chambre the elder, set on foot some Attempts, to render it Forfeited to the Crown as Plantation-Lands, and to that pur­pose caused several Inquisitions to be Executed, but continually failing therein, the same al­wayes appearing to be an Estate in Fee, and ex­empt from Plantation-Land, yet persisting in such designs after the death of the said Cal­cott the Father, caused another Inquisition to be taken, to pry into the Estate, and how it was holden, endeavouring to represent it as Forfeited to the King, by making the said Lease of 200 year, without Lycense; but fin­ding the Title and Estate clear, and not in His Majesties disposal, to grant any custodium; upon the return of the said Inquisition, no For­feiture being made, as it was possitively cer­tified, by Barron Bolton, then Attorney in the Court of Wards; great endeavours were made to all the three Clerks of Sir Philip Percival the then Register of the Court of Wards, prof­fering [Page 4] a considerable summ of ready money, and to be advanced to places of 100 l a year, if they would Alter and Amend the Demicle of the said last mentioned Inquisition, and procure a Custodium of the said Half Barony in any one of their names, but they not daring to attempt it without acquainting their said Master Sir Philip, inform'd him thereof, who was much troubled at the same, and did thereupon strickly command all his said Clerks not to attempt any such things; and that if they did, he would turn them out of their places, so that no such thing durst be done by any of them, as is lately deposed by one of the said Clerks, still living and ready to justifie the same.

Having prov'd unsuccessful in these seve­ral ill projects, a plot in the next place is laid to prevent the said Trustees in such their ho­nest intentions of letting the Premisses for three years, for paying of Debts and Lega­cies as aforesaid, and to get the whole Estate by another way into the hands of such his Creatures and Agents for his own use, without paying any valuable Consideration for the same, which was brought to pass and accom­plished by the means and practises following, ( Viz.) The said Chambre the younger, com­ing to Dublin with his wife, to take Shipping [Page 5] for England, to live with his Father in Law ( Esquire Lester in Cheshire) till the aforesaid three years should be expired, in pursuance of the said agreement, was by the subtilty of the Earl of Strafford's Agents (as an introdu­ction to their great design) perswaded not to go aboard that night as he intended See the Depositions this sworn by divers Witnesses. 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, kindly posted to Dublin to pay the debt, but the aforesaid 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 up on him for 1000 l. pre­tendedly due to Sandford; which being done, and Chambre and Sandford thus set at variance, the Earl caused Sir Philip Perseval and others to make a proposal that the said Sir Philip [Page 6] might have a Lease of 22 years of Chambre'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 the Earl of Strafford, that the Lease from the Trustees to Sandford might not go on, but that the Lease profe­red 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's condition, and desiring their Order to compel the Trustees to consent to this Bar­gain, they living in this Kindome of England. Hereupon the Trustees were sent for before the Councel Board, to yield to this Lease pro­pounded by Percival, who alledged they were letting a Lease of the Premisses to Sand­ford, much more advantagious to the Petitioner; upon which the King and Councel made an Order that the business should be wholly re­mitted to the Earl of Strafford, January 17. 1637. 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 [Page 7] 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 [Page 8] 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. [Page 9] 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 [Page 10] death; but raising him with some spirits, and other help, he began to look up, his wife asking him how he did, he answered, See the Depositions, this proved by three Witnesses. 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 [Page 11] 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 became Intituled to the Lease of 200 years, for the Remainder [Page 12] to come. And whatever was given to Chambre of Minmore by Will, or otherwise, was sold a year after Chambre's death by Chambre of Min­more to the deceased young Chambre's 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 the younger thus dying, without signing any Deed, to lead the use of the aforesaid Fine, and his Will in writing being concealed, 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's hand only, of all the Premisses with th'appurtenances ab­solutely, and a Deed of uses or Covenants with the same Date, between Carpenter, Wentworth and others, the Earls Trustees of the one part, and the said Chambre of Carnow, Squire Lester his Father in Law, Job Ward that afterward marryed his Relict, and his Uncle Chambre of Minmore, pretended Trustees for the said Chambre of Carnow, of the other part; where­by the said Carpenter, Wentworth, &c. Cove­nant to lay out 12000 l. before the first of No­vember 1645. in Land to be conveyed to the [Page 13] said Lester, Ward, and Chambre of Minmore, for several uses, and upon several limitations therein mentioned, but all these Deeds pre­tended to be signed the 3d. of November were false and Hatched after Chambre's death, be­ing accomodated to the Nuncupative Will, for Chambre perfected no Deed in his life-time, but of the 2d. of November, by which he sold only the Reversion of his Estate for 13200 l. un­der his own hand, without the Trustees; and the said Lester and Chambre of Minmore, who knew nothing of these other Deeds, were na­med in them only to colour the intrigue.

This Nuncupative Will, and several Deeds being thus set on foot, and admitted, 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 layed out in Land for Calcott 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 Fa­vourite, and caused him 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 indu­sed by the suppositious Deeds, and a Decree grounded thereupon, and obtained by the Earl's Potency in the Chancery of Ireland, were prevailed upon to sell the said Lease [Page 14] (but without the said Job Ward or his wife 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 before No­vember 1645. which was never performed; true it is, in the time of the Suites with the said Tru­stees of the Lease of 200 years, the late Earl of Strafford in pursuance of some part of the pretended Articles, pretended to purchase a place called the Renalaghs (or Knockbrea) of Sir Adam Loftu [...], 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; 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.

That in the year 1640. the real Will in writing of the said Chambre of Carnow (intrusted by him with Mr. Gutteridge then Minister of Carnow) was providentially dis­covered and produced, which being proved, and Administred unto by the said Mary his Relict, the Nuncupative Will (though she was forced to Administer a year before, and the Earl of Strafford had spent above 500 l. in [Page 15] Law to maintain it) was thrown out of Court, upon which the said Earl and his Agents be­gan to be at a stand, because all the false Deeds and Articles of Agreement, upon which the Trustees Assigned away their Trust, being done upon that Nuncupative Will, seemed to signifie very little, and therefore to the intent if one device would not serve another might. The Earl having about Trinity Terme 1637. 13 Car. 1. caused a Case, called The Case of Te­nures upon defective Titles, (tending to the ta­king away and disposing of Lands without Ju­ry, Tryal, consent of Parties, or Legal Process, to evidence or adjuge that the Titles were de­fective) did amongst at least 400 other Man­nours comprise the Premisses therein, though there were no colour of reason for the same, and in or about the year 1640. 1640 obtained an Act of Parliament of Ireland (as is pretended) where­by the said Half Barrony were vested and set­tled in His then Majesty His Heirs and Succes­sors, or any he should grant them to, within five years, as Plantation-Lands and Defective Titles.

Whereupon he obtained Letters Patents under the Great Seal of Ireland, whereby the Premisses were granted to Five persons in Trust for Sir William Wentworth his Son (now Earl of Strafford) who since his Father's death, hath renewed the laid Letters Patents; and thereby, [Page 16] and by the said Act, he holds Possession; ☞ whereas in truth the said Half Barony and Pre­misses were not Plantation-Lands, or ever so reputed, nor was the Title of the said Old Mr. Chambre any way defective, but he bought the same for a valuable consideration, parting with a very considerable Estate in Oxfordshire, to purchase this, and was lawfully seized of the Premisses in Fee-simple at the time of his death, as by the aforesaid Inquisition appears, neither were the same ever Forfeited or Seque­stred to the Crown.

Besides the practise is apparent, for in the 10. Car. 1. An Act being made for securing E­states of Plantation-Lands, &c. which under­takes to specify what Lands should be counted Plantation-Lands, and names several places, as Renalaghs, &c. in the same County of Wick­low, yet never mentions one word of Shelelah, now this Act 1640. seems only a Repetition of of the same Act of the 10. Car. 1. and has no more in effect in it, save only that this Estate of Shelelah is here inserted, and indeed no o­ther Lands are added, but that, or a small E­state or two adjoyning, which the Earl about the same time possessed himself of; so that it seems, as if this Act were designedly carryed on to colour his pretences to this Estate, fear­ing what was done before, otherwise to that purpose, would not be sufficient; From all which [Page 17] it appears that as well the Parliament in that Act, as His Majesty in His Grant, ☜ were sur­prised with false suggestions and mistaken grounds.

In the year 1647. The now Suppliant, Willi­am Eyre, intermarryed with the said Mary, formerly Relict and Executrix of the said Cal­cott 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 Deceipt and Subtilty, he was deprived of them, and many of them came into the now Earl of Strafford's hands, and his Agents.

For the said Eyre, by means of his opposing Oliver Cromwel and 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 Ms. Chambre in Ireland (then Eyres wife) perswaded her to make Colonel James Temple her Daughters Guardian, least Cromwel should Sequester their Estate, because of her Husbands actions, whose pernicious councel she took, and trusted the said Temple with most of the said writings concerning the [Page 18] 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 inveigles 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 did enter thereupon, most of the Nobility and Gentry being sensi­ble of the wrong done to Mr. Chambre, the said Eyre's Predecessor, by the late Earl of Straf­ford; the then Councel, put the said Eyres in Possession of the said Chambre's Estate of Shele­lah aforesaid, which the said Eyres held se­veral years: But being made a Prisoner again by Oliver 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 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 rede­livered the Lease of 200 years into the now Right Honourable the Lord Crew's hand, one of the Trustees, who hath acknowledged that he hath the same by him, and is ready to de­liver it to whom a Court of Judicature shall command.

[Page 19] The first Suit the said Confederates Com­menced, was on the behalf of the Countess of Carlile, for the aforesaid Lease of 22 years, yet had not payd a penny Rent, nor any profit of the Woods, according to the tenor thereof, so that the same was long since void; yet they still brought vexatious Suits to weary out the said Eyre as he was a Prisoner, and also against Chambre of Minmore, as pretending to be Heir Male to the Estate, according to the Tenor of young Chambre's Will.

And in the year 1657. all the Suits of the now Earle of Strafford and his Agents came to a Hearing, and after five dayes debate from morning till night, before Chancellor Steele, He did then judge that the Reversion might belong to the Earl of Strafford, because of the Fine past, although surrep [...]tiously obtained, but the Court was of Opinion that the Lease of 200 years did belong to Eyre in Right of his wife; and therefore did Dismiss the said Earl of Strafford and the Countess of Carlile with all their Suits: that had been of 4 or 5 years stan­ding in several Courts, and seemed resolved to continue the said Eyre in Possession, in Right of his wife; the Lease of 200 years belonging unto him.

Which the Earl of Strafford's Agents per­ceiving, betook themselves to their last refuge, and produced the aforementioned Act of Par­liament [Page 20] for strengthning of Defective Titles; a­mongst which Chambre's Estate of Shelelah was foisted in untruly as aforesaid. Upon which Chancellour Steele deferred his Judgement till the next Terme, expecting the cross Bill of Eyres and his wife would then come to a Hea­ring.

That before the next Term, the now Earl of Strafford and his Agents put in a Plea to such the said Eyres cross Bill, waving all pretence; of Ti­tles, and Claimes whatsoever, & did challenge the said Estate meerly by the said Act, for corro­berating defective Titles, & Letter Patents there­upon granted under the Great Seal of Ireland, the 28th. of September Anno 1641. 17. Car. primi to George Carr and others to and for the use of the now Earl of Strafford.

That Eyre being a Prisoner, and his Councel neglecting to argue the said Plea, or bring that Cause to a Hearing, Steele the next Terme pro­ceeded to pronounce his Decree in the said o­ther Cause, wherein the said Earles Agents were Plaintiffs, and meerly upon the said Act (though as is credibly affirmed; it never had the Royal assent, nor was Recorded) gave away Eyre's Possession not upon any other Title the Earl had to it, but meerly by that pretended Act: Declaring in his Decree, that the same [Page 21] chiefly to be considered, viz. Whether it be a defective Title or not, and therefore gave the now Earl of Strafford Possession, only till he was outed by due course of Law, or further Order of the Court, and did publickly blame Eyre's Councel, for not bringing his cross Bill together to a Hearing, and told them, there was speaking of a Will and an Inquisition, pro­ving the Estate was no defective Title. And he did believe there were such things, but they had not appeared judicially before him; and therefore advised the said Eyre to Appeal to a Parliament, who would undoubtedly do him right in the thing, by their Soveraign Power, which he being of an inferiour Court, had not power to do.

But the said Eyre could not obtain his Li­berty, till after Richard Cromwel was turned out, and Ludlow sent over by the Long Parlia­ment into Ireland, and within half a year after was made a Prisoner again, upon the occasion following, ( viz.) His Majesty, our Soveraign that now is, being to be Proclaimed in Ireland, on the 18th. of May 1660. The sayd Eyres wife desirous to rejoyce with her Tenants for His Majestie's Restauration, had invited many of them to a Feast on that day, and ordered servants to carry them Loads of Wood to a Hill to make a Boonefire; of this the subtilty of his Adversaries, who were in Possession of [Page 22] his Estate, that they might prevent him from Appealing to the Parliament in Ireland, for re­covering the Lease and Estate aforesaid, took an advantage, and brought feigned Com­plaints, suggesting to some Magistrates, that if they did not secure the said Eyre before the said day, he would be at the Head of a great number of persons to oppose the coming in of the King, than which nothing could be more farther or remote from the said Eyre's In­tentions.

However upon this slander, the Councel of State sent five Troops of Horse, haled the said Eyre out of his bed, and carryed him to Dub­lin Castle, where he was a Prisoner for some time, and afterwards hurryed from Prison to Prison above ten years space, without any known crime; sometimes kept from all kind of Food, for several weeks, but what was gi­ven by stealth at a hole made under the door, for the Cat to go in and out: and his Keeper being demanded by the Prisoners and others, the reason of the extraordinary rigour towards the said Eyre, would usually answer; That his command was so strickt, he durst do no otherwise, often declaring, he had an order to st [...] him.

Yet whilst the said Eyre was thus in durance, all acquaintance prohibited to come at him, and his wife not suffered to visit him; at the same time, some were admitted to serve him [Page 23] with Subpoena's in Chancery, through the Com­bination of the said Alexander Temple, and the now Earl of Strafford's Agents, and for preten­ded contempt of the Court, under that inevi­table necessity, Chancellour Eustace grants an Injunction, and turns the said Eyre's wife and Family out of doors, of the Estate of Renelaghs too; and they had utterly perished, if good people had not relieved them: Although Eyres his Councel did proffer his Oath, that the said Eyre did not make any Contempt, neither was he in any capacity so to do: Upon which Injunction, the said Eyre and his Family have been ever since kept out of the Estate of the Renalaghs, which was pretended to be Purcha­sed to the use of Mr. Chambre aforesaid, with the money that was to be given for the Rever­sion of Shelelah. And Steele did declare, that if all the money had been really paid for the Reversion, it could not have hindred Eyre of the Lease of 200 years; and if so, the Renalaghs being but a Lease of 500 years, really belongs to the said Eyre in Right of his wife.

But by reason of such Combination, and Cruelty against him, the said Eyre, nor any one for him, (as he knows of) hath not since re­ceived one penny profit thereof to this day, and his the said Eyres wife, a person well descen­ded, and who had lived formerly in great splendor, fainted in the Streets of Dublin (for [Page 24] want) she being taken into a House, crying out, her Daughter Temple had broke her heart, and dyed about two hours after: For by the Cousederacy aforesaid, the said Temple and his Wife enjoy all that the Earl, or his An­cestors gave for Shelelah, (except the 500 l. to Chambre of Minmore) although in truth the whole 13200 l. (if the Purchase were honest) did belong to William Eyre, in Right of his Wife, as a Chattel, as it hath been often de­clared by all the Judges in Ireland, no Land being purchased in Chambre's life-time. And the Judges did 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 it will not nor cannot do, when Truth and Justice shall take place, for Mr. Chambre's daughter had a di­stinct Portion of 2000 l. given her by her Fa­ther's 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, some time since in Ireland, by Habeas Corpus, and was cleared by publique Proclamation in the Kings Bench there, but immediately be­fore [Page 25] 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 upward he was brought to the Bar twice a Terme 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 after he was clea­red by Law, but His Majesty and Councel be­ing informed of the Hardship used to the Priso­ner, was graciously pleased to command by 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 High Treason preparing against him, but now the same was lost; they cleared him the second time by Proclamation, and then af­ter [...]e [...] years hardship and vast expence, he was Released, not knowing of whom to seek for sa­tisfaction▪ which continual and most vexatious Troubles (he fears purposely contrived) have been the only cause why he no sooner made his Humble Address for his Relief and Recovery of his Just Right▪ in the before mentioned Estate, wrongfully ( as he humbly conceives, and is by [Page 26] Counsel advised) with-holden from him.

Upon the whole matter be pleased to ob­serve first, that Calcott 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 Payments of Debts and Legacies, & was acknowledged to be in force long after­wards (as well by their attempts to Sell & Convey it as by the depositions of the Right Honourable the Lord Crew, in whose hands it still remains) and he by his Will having expresly given all his Goods and Chattels (wherein that Lease is com­prised) to his Wife, and Executrix; & 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, and being in Pos­session of the Premisses, became lawfully Inti­tuled thereunto, for the residual terme; and for the Assignment or Sale thereof by the Tru­stees, the same was without consideration, and they were surprised into that action by the pretended Deeds, set on foot as aforesaid, nor could such Assignment (as Councel advise) give away the Executrix Right, unless she or her Husband had actually Sealed the same.

Secondly, 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 Renalaghs being without the [Page 27] consent of Chambre or his wife, &c.) And tis 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.

Thirdly that the present Earl, his Trustees or Agents can pretend no Title, but by the pretended Act of Parliament, and Letter Pa­tents thereupon.

Against which there are these Arguments.

1. That Shelelah being no Plantation-Land nor Defective Title, was inserted into the said Act by Practise, as before is demonstrated. Besides neither the Heir to the Inheritance, nor the Trustees to the Lease of 200. years had e­ver any notice to defend their Title and Interest.

2. 'Tis conceived, that as the said Act was unduly obtained, so it was never duly Recor­ded, but kept privately in a Gentlemans Stu­dy, insomuch that 17 years after the Date thereof, at a Hearing of the Cause they moved Chancellor Steel that it might be Recorded, which was denied because it had not the Royal Assent nor other requesite Formalities.

3. Had the Premisses been Plantation-Land, or had the late Earl thought fit then to pro­duce [Page 28] by such his Title by the Act and Patent, there need never have been a Nuncupative Will set up for Chambre the younger, nor so many feined Deeds pursuant thereunto, nor so much money spent in justifying them, nor would they have had occasion to force the Tru­stees to Sell the said Lease of 200. years to them for 13200 l. to be laid out in Land for the use of the said Chambre, which was never done, nor would they have had any need to Appeal (as they did) to the Court of Claims in Ireland since His Majesties Restauration, to have it setled upon the present Earl of Strafford as Traytors Land; whence tis plain, this lurk­ing Title was intended to be kept as a reserve, and never insisted upon till all other preten­ces failed.

4. Nor can it be pretended, that upon the late Earls Attainder, the Premisses became forfeited to the King, and so might lawfully be granted afterwards by His Majesty, to the present Earl: for as in reason no man ought to suffer for another, and much less lose his right absolutely, meerly because another had before disseised him wrongfully; so in that very Bill there is a salvo that expresly preserves the right, Tytle and Interest of all and singular such of the Lands, Tenements and Hereditaments as they or any of them, or any to their use, had or might lawfully claim before.

[Page 29] 5. That Chambre the Son, giving all his Lands to his Heirs Male, and to Calcott Cham­bre of Minmore and his Heirs, and the present Earl of Strafford having disclaimed all his Titles by Deed or Purchase, and the said Cal­cott Chambre of Minmore having after the Death of the before mentioned Infant, (Heir Male) sold to the said Eyre's late wife for a valuable Consideration by Deed executed under his Hand and Seal ready to be produced, what­ever was given him by that Will or any grant whatsoever: it follows (as tis humbly concei­ved) that the Inheritance was invested in the said Eyre's wife as well as the Lease of 200 years.

6. How notorious, and by what Practices, all pretences of Right and Possession have continu­ally been obtained on the part of the Earl's A­gents, and how long the said Eyre has been kept out of the same, by unheard of Cruelties, what severe Imprisonments, and unparalleld 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, 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 [Page 30] 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 memory of the Dead, or the Honour of the living, both which are contrary to the Candour of his in­tentions, whose design is only to set forth a brief of the matter of Fact, in order to the discovery, and obtaining of his Right.

The rather for that amongst other things it appears by an Affidavit, ready to be produ­ced, and duly sworn unto by a person of Cre­dit, who was present upon the Scaffold, at the time of the death of the said late Earl of Strafford, that the detention of the said Estate is contrary to his Lordships Resolutions, the said Deponent making Oath, tha [...] then and there he did hear the said late Earle, a small time before his Death, command Sr. George Wentworth to charge his Son, upon his bles­sing not to claim any Right to the Estate of Chambre (by name) in the County of Wicklow, Beurks Estate in Connaught, or any other E­state in Ireland, but what he had legally and justly purchased for his money, upon valuable consideratious; and that he should disclaym any Right or Title to the same.

In tender consideration of all which he hopes it may not be thought presumption in this Ruinated Suppliant, Humbly to make [Page 31] his Address to His Majesty, & the most High & Honourable Court of Parliament, in whose power only (he is advised) it lyes to Relieve him, by the Restitution of his Just Rights (as he con­ceives) so long wrongfully detained from him, which upon examination of the Premisses, he doubts not to obtain, that the Justice of His most Gracious Majesty and those Honourable Houses, may still be glorious, when it must be acknowledged by his people in general, That there is no means left by Potency, Favour or Fraud, to exempt any from the strict view and ex­cution of it.