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, [Page]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, [Page](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 upon several Limitations therein expressed: Whereas in truth the said Chambre of Carnow did perfect in his Life­time only one Deed dated the 2d. of November, which was only of the Reversion, and Feoffees mentioned on his part, and these after Deeds were set up, and the said Esq; Lester and Chambre of Minmore (who knew nothing of them) named therein only to colour the business.

For Fourthly, this Nuncupative Will and several Deeds being set on foot, 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 laid out in Land for Calcot Chambre, an Infant then living, Son of the said Chambre of Carnow and Mary, or else to be restored to Shelelah again [Page]his Honour made the said Job Ward his favorite, and caused him and 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 induced by the said Suppositious Deeds, and a Decree grounded thereupon and obtained by the Earles Potency in the Chancery of Ireland, were prevailed thereupon to Sell the said Lease (but without the said Job Ward or his Wifes 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.

Which Articles were to be performed before November 1645. But were never made good, nor can be: The Trustees Sold it Conditionall for 13200 l. a year after Chambres death; which is an Argument their Trust was not void: True it is, in the time of the Suites with the said Trustees of the Lease of 200 years, the late Earl of Strafford pre­tended to purchase a place called the Rannalaghs (or Knochrea) of Sir Adam Loftus, 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, in Pursuance of some part of the aforesaid pretended Articles; 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.

Fifthly, That in the year 1640. The real Will in Writing of the said Chambre of Car­now (intrusted by him with Mr. Guttridge, then Minister of Carnow, was produced, which being proved and administred unto by the said Mary his Relict, and the Nuncupative Will (though she was forced to administer a year before) and the Earl of Strafford had spent above 500 l. in Law to maintain it) thrown out of Court: The said Earl and his Agents began to be at a stand, because all false Deeds and Articles of Agreement upon which the Trustees assigned away their Trust, being all done upon that Nuncupative Will, seemed to signifie very little. And therefore to the intent, that if one device would not serve, another might: The Earl (as it is said) having about Trinity Term 1637. 13 Car. I. caused a Case called, The Case of Tenures upon Defective Titles, to be made without Jury, Tryal, Consent of Parties, or any Legal Process; and procured Letters Pattents, wherein amongst others this Estate of Shelelah was Craftily mentioned as a Defective Title (though it never were so, as by Inquisition upon Record appears.) He ob­tained an Act to pass both Houses of Parliament in 1640. (as now pretended) to invest it in the Crown amongst 400 and odd Mannors as a Defective Title.

That the said Job Ward and his Wife upon setting aside the Nuncupative Will, had all the Deeds and Writings and the said Lease of 200 years (that was resigned up by the Right Honourable, the now Lord Crew) in their own hand, and the same were not then delivered to the Earl of Strafford, or his Agents: Because, the proving of the real Writ­ten Will had hindred any further proceedings at present.

And in the time of the Rebellion, Job Ward and the said Mary was turned out of the Rannalaghs, and came into England, and the said Job her Husband likewise Died.

That in the year 1647. the now Suppliant William Eyre Intermarryed with the said Mary formerly Relict and Executrix of the said Calcot 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 Deceit and Subtilty he was de­prived of them, and many of them came into the now Earl of Straffords hands and his Agents.

For the said Eyre, by means of his opposing Oliv. Cromwell in 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 Mrs. Chambre in Ireland (then Eyres Wife) perswaded her to make Colonel James Temple her Daughters Guardian; least Cromwell should Sequester their Estate because of her Husbands Actions, whose pernici­ous advice she took, and trusted the said Temple with most of the Writings concerning the Estate, upon his promise to restore her Daughter and Writings upon demand: But the said Eyre and his Wife, in the year 1650. demanding them, he refused to deliver them, and contrary to his promise inveigels 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 then the Lord Ireton being informed by most of the Nobility [Page]and Gentry of the wrong done to Mr. Chambre the said Eyres Predecessor by the late Earl of Strafford: Did by the advice of the then Councel, put the said Eyre in possession of the said Chambres Estate of Shelelah aforesaid, which the said Eyre held several years: But being made Prisoner again by Oliv. Cromwell for many years together; the Earl of Strafford and Colonel James Temple, and his Son Alexander and his Wife taking the op­portunity of Eyres Imprisonment, combined together, and commenced many Suites to out him of the said 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 re-delivered the Lease of 200 years into the now Right Honourable the now Lord Crews hands (one of the Trustees) who hath acknowledged that he hath the same by him, and would deliver it to whom a Court shall command.

The first Suite the said Confederates commenced, was on the behalf of the Countess of Carlile, for the aforesaid Lease of 22 years; yet had not paid 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 Suites 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 Tenour of young Chambres Will.

And in the year 1657. all the Suites of the now Earl of Strafford and his Agents came to a hearing, and after 5 dayes Debate from Morning till Night before Chancellor Steele: He did then Judge that the Inheritance might belong to the Earl of Strafford, because of the Fine past, although surreptiously obtained: And the pretended Heir Male went forth out of the Court, and refused to make out his Title. 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 Suites 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 Straffords Agents perceiving, betook them to their last refuge, and produced the beforementioned Act of Parliament for strengthning of Defective Titles; amongst which Chambres Estate of Shelelah was foisted in untruely as aforesaid: Upon which Chancellor Steel deferred his Judgment till the next Term, expecting the Cross-Bill of Eyres and his Wife would then come to 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, waveing and renouncing all pretences of Titles and Claimes whatsoever declared by the said Bill; and did Challenge the said Estate meerly by the said Act for Corroborating Defective Titles, and Letters Pattents 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 said now Earl of Strafford.

That Eyre being a Close Prisoner, and his Councel neglecting to Argue the said Plea, or bring that Cause to hearing: Steel the next Term proceeded to pronounce his Decree in the said other Cause, wherein the Earls Agents were Plantiffs, and meerly upon the said Act (though it never had the Royal assent, nor was Recorded) gave away Eyres Possession, not upon any other Title and Earl had to it, but meerly by that pretended Act: Declaring in his Decree that the same is 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 Eyres 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 Soveraigne 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 Cromwell was turned out, and Ludlow sent over by the long Parliament into Ireland; and within halfe a year after was made Prisoner again on the occasion following (viz.) His Majesty our Sove­raign that now is, being to be Proclaimed in Ireland on the 18th. of May 1660. The said Eyres Wife desirous to rejoyce with her Tennants for His Majesties Restauration, had invited many of them to a Feast on that day, and ordered Servants to carry 10 Loads of Wood to a Hill to make a Bonefire; of this the subtilty of his Adversaries who were in Possession of his Estate, that they might prevent him from Appealing to the Par­liament [Page]in Ireland for recovering the Lease and Estate aforesaid; took an advantage and brought fained Complaints, suggesting to some Magistrates: That if they did not secure the said Eyre before the said day, he would be in the head of a great number of persons to oppose the coming in of the King, then which nothing could be more false, or re­mote from the said Eyres Intentions.

However upon this slander, the Councel of State sent 5 Troops of Horse, halled the said Eyre out of his Bed, and carried him to Dublin Castle, where he was most cruelly handled for sometime, afterwards hurried from Prison to Prison above 10 years space, without any known Crime; sometimes kept from all kind of Food for several Weeks, but what was given in 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 such extraor­dinary Rigour towards the said Eyre, would usually answer: That his Command was so strict he durst do no otherwise; often declaring he had an order to starve him.

That whilst the said Eyre was thus in Durance, all persons were prohibited to come at him, and his Wife not suffered to visit him; at the same time some were admitted to serve him with Subpaenas in Chancery, through the Combination of the said Alexander Temple, and the now Earl of Straffords Agents, and for pretended contempt of the Court under that inevitable necessity, Chancellor Eaustace grants an Injunction, and turnes the said Eyres Wife and Family out of Doors of the Estate of Rannalaghs too; and they had utterly perished, if good people had not relieved them: Although the said Eyres his Councel, did proffer his Oath that the said Eyres did not make any concempt, 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 Rannalaghs; which was pretended to be purchased for the use of Mr. Chambre aforesaid, with the Money that was to be given for the Reversion of Shelelah. And Steel 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 Rannalaghs being but a Lease or 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; not 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 want) and dyed about two hours after taking into a house; crying out her Daughter Temple had broke her heart. For by the Confederacy 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.) A in truth the whole 13200 (if the purchase were honest) did belong to William Eyre in Right of his Wife as a Chattle; as it hath often been declared by 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 '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.

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 'tis 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 me­ [...] [...] [Page] [...] 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.