Selected quad for the lemma: parliament_n
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A31199
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The Case of William Eyre, Esq. concerning his right to the half barony of Shelelah, and castle of Carnow in Ireland, now in the possession of the Right Honourable William Earl of Strafford, truly stated, and humbly presented to the Kings Most Excellent Majesty, and both Houses of Parliament.
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1670
(1670)
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Wing C1194; ESTC R38982
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13,795
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8
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set forth a brief of the matter of Fact without Aggravations of unbecoming Reflections And hopes it may not be thought presumption in this ruinated Suppliant humbly to make his Address to His Majesty and the most High and Honourable Court of Parliament in whose power only he is advised it lies to relieve him for the restitution of his just Rights as he conceives so long wrongfully detained from him William Eyre The Earl of Strafford and his Agents having renounced all his Titles to Shelelah and challeng'd it only by an Act of Parliament and Letters Pattents from His Majesty as by their Plea upon Oath doth appear And it is clear that Shelelah was never any plantation Land as will appear by these Arguments following viz. 1. For two years before the Act of Parliament and Pattent was granted there was an Inquisition legally taken that Mr. Chambre was possessed of Shelelah as an Estate in Fee and that he had lett a Lease for 200 years because of the profuseness of his Son to preserve the profits to the use of his Will 2. By an Order from His late Majesty and Councel to the Earl of Strafford That he should cause a Decree in Chancery in Ireland to be made for the preservation of the Estate according to the intent of old Chambre aforesaid 3. Which Order was a year before the Act of Parliament and Pattent and the Earl of Strafford and his Councel made an Order upon the King and Councels Order that there should be a Decree in Chancery for the preservation of the Inheritance 4. But his avidous desire made him falsifie both these Orders and kept Chambre in Prison till he was almost starved to death to force him to sell the Reversion of the Estate to him 5. That after Chambres's death they hatched a Nuncupative Will and grounded many false Deeds thereupon the better thereby to secure the Estate to the Earl of Strafford which deceit they had no need to have used if it had been plantation Lands 6. And they would have had no occasion to have forced the Trustees to sell the right of the Lease upon the false Deeds aforesaid to them for 13200 l. conditionally to be laid out in Lands for the use of Chambre aforesaid which was never done because shortly after the real Will was discovered and the Nuncupative Will was thrown out of Court and all the false Deeds grounded thereupon void 7. If it had been plantation Lands as the Earl of Strafford would have it by the Act they had no need to appeal to the Court of Claims in Ireland since His Majesties Restauration to have had it settled upon the Earl of Strafford as Traytors Land but the Commissioners finding it was an Estate in Fee and no forfeited Land by any former Rebellion and Eyres being then a Prisoner and unconvicted the Commissioners of the Court of Claims would not meddle with it By these Arguments it is clearly seen that Strafford has no right to it but by the Act of Parliament aforesaid which Act is out of doors as to Shelelah for the Parliament when the Act was granted fearing they might be mis-informed says in the Act It shall be invested in the Crown if it be plantation Lands and being none His late Majesty was abused in His Grant which is hoped His now Majesty and Parliament will rectifie And he further demonstrates to His Gracious Majesty and the most Honourable Houses of Parliament that there was an Act of Parliament made upon the late Earl of Straffords Attainder in which there is salvo that extenuates and takes away what right this present Earl can or may challenge by the former Acts of Parliament made in Ireland for the Act saith That no Lands should be invested in the King but what was really the Earl of Straffords own Estate and not any Lands that he had gained into his hand upon paper Petitions and Imprisonment of Men it being well known to many yet living what cruelty and duress of Imprisonment was used by the instigation of the late Earl of Strafford to enjoyn and enforce Chambres to grant the Reversion of the said Estate of Shelelah to him your Suppliant hopes and humbly expects that His most Gracious Majesty and the most Honourable Houses of Lords and Commons assembled in Parliament well weighing and duely considering the injustice and wrong by which the said Estate was obtained by the late Earl and still is detained from your Suppliant by the now Earl and his Agents your Suppliant doubts not but your most Gracious Majesty and the most Honourable Houses of Parliament will in your most Soveraign Justice and Mercy cause your Suppliant to be restored to his said Estate after his so many years of oppression and
The CASE of William Eyre Esq concerning his Right to the half Barony of Shelelah and Castle of Carnow in Ireland now in the possession of the Right Honourable William Earl of Strafford truly stated and humbly presented to the Kings most Excellent Majesty and both Houses of Parliament BY Inquisition upon Commmission granted and Jury chosen and legally executed at Bray Anno 1636. which Commission was returned with a Copy of a Lease of 200 years and old Mr. Chambres's Will verbatim upon Record by which it doth appear that Calcot Chambre Esq being seized in Fee of the said half Barony of Shelelah and Castle of Carnow with the Appurtenances thereunto belonging in the County of Wicklow in the Kingdom of Ireland containing of Arrable Land Pasture Meadow and Wood Lands about 60000 Acres fearing the profuseness of the Son did 1629. make a Lease of the same to James Tines Nathaniel Fines and John Crew Esquires for 200 years without Impeachment of Wast in Trust for payment of his Debts and Legacies and afterwards to such uses as he should declare by any further Deed or by his last Will and in default of such Declaration to the use of his own right Heirs with power to revoke it but never did therefore the Lease remains still in force That the said Calcot Chambre Anno 1635. made his last Will bequeathing several Legacies and gave all his said Lands and likewise all his Goods and Chattels to his Son Calcot Chambre whom he also made his sole Executor and dyed owing several sums of Money After whose decease the said Trustees possessed themselves of the premisses and agreed to let a Lease thereof to one Sandford for three years for payment of the deceaseds Debts and Legacies and to allow young Chambre 300 l. per annum for those three years and then to account and deliver up the Estate to him the said Sandford being one of the principal Creditors and Legatees But Thomas late Earl of Strafford then Lord Deputy of Ireland being by some ill persons put upon coveting this Estate which was and is as considerable as most in that Kingdom prevented the Trustees in these their honest intentions and also got the same into his own hands or in Trust for him by the means and practices following First The aforesaid young Chambre being come to Dublin with his Wife to take Shipping for England to live with his Father in Law Esquire Lester in Cheshire till the aforesaid three years were expired was by the subtilty of the Earl of Straffords Agents as an introduction to their great design perswaded not to go aboard that night as he intended but use means to get his Brother Sandford out of the Estate or else he would be undone and that he should Arrest the said Sandford for 7000 l. which he was to account for in his Fathers time he then having managed the Estate for the old Man but the Morning following Chambre himself was made a Prisoner by the Combination aforesaid for the mourning for his Fathers Funeral and Sandford hearing of it posted to Dublin to pay the Debt but the beforementioned Agents met him as soon as he came and told him if he went to his Brother he would Arrest him for 7000 l. at which Sandford much troubled went back and took Councel of the Earl of Strafford seeming his great Friend whom he did not suspect to have any design upon the Estate and he advised instead of releasing his Brother to clap another Arrest upon him for a 1000 l. pretendedly due to Sandford which being done and Chambre and Sandford thus set at variance the Earl caused Sir Philip Percival and others to make a proposal that the said Sir Philip might have a Lease of 22 years of Chambres's Estate for the use of the Countess of Carlile paying 4000 l. Fine and 500 l. per annum and the third penny profit of the Woods and in order to this the said Agents perswaded Chambre to petition to the Earl of Strafford that the Lease from the Trustees to Sandford might not go on but that the Lease proffered by Sir Philip might be perfected that he might receive the 4000 l. to pay his Fathers Debts and Legacies and get out of prison As soon as the Earl received this Petition he transmitted it to England to His late Majesty and Councel seeming much to commiserate Chambre his Condition and 〈…〉 Order to compell the Trustees to consent to this Bargain they living in this Kingdom of England Hereupon the Trustees were sent for before the Councel Board to yield to this Lease propounded by Percivall who alledged they were letting a Lease of the premisses to Sandford much more advantageous to the Petitioner upon which the King and Councel made an Order that the business should be wholly remitted to the Earl of Strafford to perfect that Lease for the Countess of Carlile which was in truth for himself or make any other better bargain for the good of the Petitioner declaring that the Earl should by a Decree in Chancery enforce the Trustees to assent to what bargain he should make with the said Countess or others so far as did concern their Trust for 22 years but further that the Earl should provide by such Decree to preserve the Inheritance according to the intent of old Chambre which was that the Trust should continue in them 200 years for he reserved a power in the Lease to revoke it but never did so that the same is still in being and distinct from the Inheritance Now Chambre being informed what Order the Earl of Strafford had received Petitions again to him and the Councel that the Lease propounded by Percivall might not be made good for he could have a much better bargain at the reading of which his Brother in Law the Lord Brabason being one of the Councel desired seeing his Brother must be forced to Lett his Estate to pay his Debts that the King and Councels Order might be fulfilled and the best bargain accepted of and for his own part he was willing to take the Lease of 22 years and give his Brother Chambre 5000 l. and 600 l. per annum and half the profit of the Woods Whereas Percivall would give but 4000 l. Fine and 500 l. per annum and the third penny profit of the Woods so that here was above 10000 l. profit better then that of Percivalls for there was above 2000 l. per annum made Communibus Annis of the Woods Yet the Earl of Strafford refused this offer and caused the Lease with Percivall to be perfected by a special Order forcing the Trustees to consent by a Decree but no care was taken therein to preserve the Inheritance for that did not suit with the Earls avidous hope so that His Majesties Order of Councel was doubly defeated and eluded nor was the 500 l. per annum Rent or third part of the profit of the Woods mentioned in the said Lease ever paid or one penny thereof