History of the Down Survey (Petty 1851)/10

by William Petty

 

CHAPTER X.

 

THE complaint was this, viz^t, that for as much as 7^li 3^s 4^d per thousand for the profitable lands disposeable to the souldiery, and but three pounds for unprofitable, which was to be throwne in over and above, I caused too much to be returned profitable, partly designedly for my owne lucre, as aforesaid, and partly by mischance, in employing meane, ignorant, and corruptible persons.

Now, for the examination of this matter, itt is desired that it may be taken notice of, that, to 2395 thousand acres of profitable land, there was cast in 309 thousand of unprofitable bj D^r Pettyes survey, viz^t, to every eight acres of profitable one of the other; and if Kerrey, whereoff I shall treat apart, be excepted, then to every seaven of profitable one of the other sort; soe that the question is, whether in a countrey famed as Ireland is for the fertility of its soyle, it is likely that more then one acre of eight should bee worth nothing.

Whereas 309 thousand acres have been returned for unprofitable, and suppose that as much more ought to have been returned, that the D^r himselfe had, in his owne person, committed the wrong, soe as the army thereby should thereby have suffered to the value off 154000^li; ffor unto soe much doe 309 thousand acres, at 500^li per thousand, one with another, amount unto; and that he should have gotten 309 times four pounds, viz^t, 1240^li, by the abuse; tis offered to consideration whether he, who in the practise of his faculty of physicke hath refused the third part of whatever was offered him, gave away severall of his vailes, as clerke of the Councill, lost money even by being secretary to a Lord Leiftenant, never sued any man that did him wrong, &c., should, to get one pound, wrong the army of neer 150^li even the army who were his friends and promoters, and who put themselves voluntary to eight thousand pounds charge to purchase his service, and his care of their concernements.

2dly. A great part of the army, at least the most complayning part, had their land anno 1655, the rest receiving theirs anno 1656, since which there have been three Parliaments. Why hath not any complaint been made of this abuse to some of them, when soe many of the members were souldiers, and the very parties, nay persons complaining; why did not publicke spirited Sir Hierome, whose regiment, if any, suffered, and hee who would be allways a member, not put in this cry into either of his settes of articles against D^r Petty, when, as he was once bent to sue him for one hundred and fifty thousand pounds damages uppon the very same accompt?—Why did not the said Sir Hierome, Collonell Lawrence, and Collonell Barrow, all, in their feirce complaints hereoff, gett soe much as the quitt-rents sett on those course lands mitigated, when they were soe busy to get other things of less moment brought into the Act of Parliament for confirmation of estates, which was hammering from May to October, 1659? Nay, why could not the authority of Ireland bee ever wrought to make any alteration in this matters, nor to give any direct reliefe therein, which, by severall exspedients offered them, they might have done?

3dly. Tis offered to consideration, whether the cause of these clamoures were not partly envy of better lotts, partly that some of the same mans lott was worth but twelve pence a year, whereas the body of his whole lott was worth six shillings, whereby he was apt to call that worser sort unprofitable, whereas other men rejoiced to have any, even the best of their land, yeilding twelve pence per acre, viz^t, as much as the worst of his whome wee supposed to complaine; or whether these complaints did not proceed from hopes, by rejecting one hundred acres of course land as unprofitable, to obtaine at least a possibility of one hundred acres of very rich land for itt, not being contented with one hundred acres of noe better land then should in the judgement of other surveyors bee esteemed barely profitable.

4thly. But as the D^r did not distinguish the lands in his owne person, but by his deputies, soe did he never give any private directions or encouragement to them for being unjust, or even severe, in this particular; nor did he ever alter any returne made and offered him by his said deputies and instruments, or suffer the same to be done.

5thly. Were not his instructions published in print, viewed by the councill, and exsposed to the sight, censure, and exception of all the world, before ever chaine was layd uppon any land by the Doctors appointment?

6thly. Suppose the surveyors imployed had been as ignorant as, for the answering of certaine of crooked ends, they were represented, was there more danger that they should mistake wett meadow for bogg, then, on the contrary, bog for marshy pasture; or were they soe drunke, as sometimes allsoe hath been alledged, that they could not see the afforesaid distinction, and yet had not only their eyes, but as much of their other sences, reason, and art too, as served them to give a sufficient accompt of the quality, ffigure, and scituation of the land they admeasured? Or, if they were to be corrupted, who was most likely to corrupt them? The Lord Deputy and Councill, who minded them not, or the souldiers, who, knowing neer the places of their respective lots, were many of them knowne to be too busy where and when the surveyors were at worke. Moreover, allthough every foot of the unprofitable should have been returned for profitable, yet the State was sure never to have saved an acre by such severity, there being by the Act of Satisfaction more debt charged on the lands of Ireland then halfe as much more will pay.

Why am I blamed if there were any miscarriage therein, and not those who actually and of themselves alone committed the fault, viz^t, the under surveyors; and why should the under surveyors bee blamed for missing that which one hundred diligent and concerned seekers could never find, and which the Act of Parliament kept hid; and as the above report of the eleventh of May, 1654, setts forth, neither prescribes nor warrants any meane for these distinctions, soe, as, in the judgments of the authors of the said report, there was noe other meanes left but what was used, viz^t, the oathes of the surveyors?

Whose invention was the allowing a greater rate for profitable then unprofitable; whereas the Doctor demanded but one summ for the whole, or one and the same rate for the thousand, and brought the former practise of allowing fourty-five shillings for the profitable, and nothing for the rest, as a maine objection against that method of administration which he endeavoured to evert; and why was he pressed and threatned to imploy the old surveyors, whome he could not, in above two monethes treaty, bring to worke otherwise then by the thousand acres? whereas he easily made the new ones, who soon excelled the others, to be paid by the mile in length, wherein noe possible byas could be, and according to which way the greater and more disputed part of the whole survey was performed; soe that allthough his superiours would not lett the byas be taken off from him, yet he tooke it of as much as he could from others, and those in whome it was most dangerouse.

Moreover, when he did use all the meanes aforementioned, for the satisfactory performance of this nice service, allthough the effect had noe ways answered, yet ought he to have been thanked for his endeavours and superarogancy herein: ffor it was not cleare that he was by his contract bound to this thankless office, but only to offer reasons whereuppon others might judge. Hee was to have meeresmen appointed him by the State, to tread out before him the dislimitations he was to make; and, lastly, the Commissioners of the Civill Survey seemed by their instructions to bee not only qualifyed, but enjoyned to express the proportions wherein each denomination was profitable and unprofitable, the which judiciall assignement, with the geometricall content, would have answered all intentions.

Soe that he is blamed for doeing a necessary worke that he was not bound to; is punished for performing that worke amisse before it appeare to be soe; the pretended miscarriages of others are charged only uppon him; hee is blamed for not doeing [what] the wisest concernees have pronounced impossible; hee suffered for the pretended committed faults of his instruments, and for the omitted directions of his masters; hee is taxed of being swayed by a byas, which his rebukers would not suffer him to resist; men cry out they are wronged, to have him punished, not themselves righted, which they never sought. He is said to befriend the State, by undoeing the army without the States advantage; and, in fine, of strange designes to ruine others without any benefitt to himselfe. None of those who see moates in his eyes taking notice of the beames in their owne, nor considering from what spirit those absurd and unjust contradictory imputations doe proceed.

As an appendix hereunto I must adjoine the accompt of the survey of Kerrey, and the reasons why that defamed county is said to have above four hundred thousand acres of profitable, and scarce thirty thousand acres of unprofitable land, as to which matter I say as followeth:

1st. That those whome the D^r imployed returned the same accompts of that place as they did who had immediately before admeasured itt by grosse surrounds, with mention of the same difficulties in adjudicating the quality of those lands.

2dly. That I caused some of the worst barronyes to be admeasured by the mile in length, which afforded noe temptation to returne more profitable then was soe; and, in fine, that those who went by the thousand acres, being reputed very honest and diligent persons, went by the same way of distinguishment as the others did, even allthough and before the said different undertakers had any conference with each other.

3dly. The said surveyors tooke more paines in the field, and the D^r more in the house, to make up an extraordinary kind of bookes, whereby to give a just accompt of that county then was done in any other part of the whole survey; uppon which grounds noe man ought to blame them for seeking an ordinary wages and reward for the same, the surveying of these lands being worth five times more then that of meadow a hundred times as good; nor ought such endeavoures to be misused for an argument why all the course pasture of that county should be imposed on the souldiers for payable land, because it was returned as in a degree profitable; besides, since there was not above one hundred thousand acres of the disposeable sort of lands which concerned the Doctor, but four hundred pounds. Why was not rather some equitable composition made with him, then that soe many comittees of the Councill and army should meet almost every day for two monethes about it, and that the satisfaction of the whole army should be retarded all that while, by reason thereof, had there not been some more heavy reason in the business, viz^t, the interest of all those of the army who were sure not to fall there, who urged to have every acre of the coursest, and such whereof forty was not worth one of the arable of the same countrey, to bee imposed for payable, to the end that the quota pars of their owne satisfactions, fallen by lott in better counties, might be the greater; ffor if thebarronies of Iveragh, Dunkeron, and part of Glanneroughty, had been taken into the credit, the quota of twelve shillings [and] three pence might probably have been sixteene shillings; and in case the disposeable land of the rest of Kerrey had been excluded, the quota, instead of twelve shillings, had been but ten. Now that the interest of these persons was the chief reason of this hardshipp may appeare from the papers he[re]after inserted, for the better understanding whereof itt is to be premised, that the D^r having tendered his survey at the beginning of March, 1655/6, precisely at the end of the thirteene monethes allowed him, much of that time was spent in referring the examination of the sufficiency thereoff to severall committees, &c. Now the said survey being found sufficient, the agents fall to make use of itt, in order to their satisfaction, meeting among themselves, and applying to the Councill dayly, about the manner of putting their resolves of Aprill, 1654, into practise; in all which negotiation and treaty the principall care was to avoid Kerrey by those who possibly might fall there, and to have it swallowed was the designe of others in noe danger of comming neer it, which was laboured partly by artifficiall intrepretings, and supplying the said generall resolves; but chiefly by asserting or crying downe the survey of Kerrey, as it was returned to containe above four hundred thousand acres of payable land. These disputes and contrivances lasted all Aprill. Att last the Councill, being weary of the dayly and cross applications made unto them, offered the army all the lands belonging to their security, to be distributed by trustees of their owne, according to the tenor of the following commission, and in conformity to an ordinance of the 2^d of September, 1654, viz^t:

 

By His Highness the Lord Protectors Councill for the Affaires of Ireland.

Whereas by an Act of Parliament bearing date the 26th of September, 1653, entituled, An Act for the speedy and effectuall Satisfaction of the Adventurers for Lands in Ireland, and of the Arreares due to the Souldiery there, this board, or such as they shall appoint, are fully impowered and authorized to distribute and set forth unto the said officers and souldiers, answerable to their respective arreares, their severall proportions of lands, by lott or mutuall agreement amongst the said officers and souldiers; and whereas this board hath, by certaine resolves bearing date the 9th of this instant May, concluded,

1st. That all the forfeited lands in the three provinces lyable to the satisfaction of the arreares due to the army (excepting the three counties of Wicklow, Longford, and Donnegall) bee distributed and sett out to the officers and souldiers of the army, to satisfie all arreares due unto them for service in Ireland since June, 1649, and alsoe for their English service due before the 6th of June, 1649, according to the Acts and ordinances of Parliament, or of His Highness the Lord Protector and Councill, made in that behalfe.

2dly. That all the forfeited lands as aforesaid, in each county and barrony within all the said provinces allready admeasured by D^r Petty, be accepted of by the army, according to the contents of the survey returned by the said Doctor.

3dly. That the trustees be named by the army, who shall bee impowered and authorized from this board, to distribute and sett forth the said forfeited lands lyable as aforesaid to satisfie the arreares of the army, unto the officers and souldiers in the three provinces answerable to their respective arreares.

4thly. That the said trustees shall take care and make effectuall provision that due satisfaction be had and made for all just reprizalls that are or shall bee adjudged and ordered by the Councill or courts of justice, or such commissioners as by the said Councill are or shall bee authorized.

5thly. That the said trustees doe likewise take effectuall care and make provision, and that a due and equall satisfaction be given to the officers and souldiers disbanded in 1653, according to the promise and agreement made with them from the general councill of the army; all which resolves, as appeares by a paper presented unto this board, dated the 9th instant, and signed by S^r Hardress Waller, in the name and by the appointment of severall principall officers of the army, were gratefully accepted of; and for as much as in the said paper Collonell Daniell Abbot, Collonell Thomas Sadler, Major Anthony Morgan, Vincent Gookin, Esq., D^r William Petty, and Major Miles Symner, were by the said principall officers proposed as fitt persons to be trustees for prosecuting the business mentioned in the said resolves of this board, and that any three or more of them may be a quorum; and that the severall proposalls contayned in the said paper were reciprocally agreed with by our order of the 14th of May instant:

Itt is therefore, uppon consideration of the premises, hereby ordered and declared that the trustees afore named, or any three or more of them, bee and they are hereby authorized and appointed by this board, in pursuance of the resolves afore mentioned, to distribute and sett forth all the afforesaid forfeited lands lyable to the satisfaction of the arreares due to the officers and souldiers of the army, except before excepted. And what they shall doe therein they are to certifie the same in writing unto this board, to the intent that such further proceedings may be had thereuppon as shall satisfie the ends of the said Act.

And it is further ordered that the said trustees, or any two or more of them, or such as they shall appoint, shall and hereby have power to make search, and to peruse all records, writings, and other papers relating to the said affaire; and all officers and other ministers are thereof to take due notice. Itt is further declared that uppon application made unto this board by the said trustees, all such other reasonable help and assistance shall be afforded herein as uppon occasion from time to time shall bee fitting. Dated att the Castle of Dublyn, this 20th of May, 1656.

Tho. Herbert, Clerke of the Councille.

 

An Ordinance for the more equall Division of the Lands allotted to the Souldiery in Ireland.

Whereas the mannors, lands, tenements, and hereditaments, assigned and sett out, or to be assigned and sett out in and for the satisfaction of the arreares of the souldiers in Ireland, are of different and unequall values in themselves, whereby, if a subdivision be not made in proportion to the reall difference of the said lands, some will have lands of a much greater value than others, which will be a very great prejudice to many; for prevention whereof bee it ordained by his Highness the Lord Protector, by and with the advice and consent of his Councill, that it shall and may be lawfull to and for the respective regiments, troopes, and companies of horse, foot, and dragoones; and for the rest of the souldiery who have arreares justly due unto them for their service in Ireland, unto whome any part of the said forfeited land is fallen, or shall fall and bee assigned by lott or otherwise, for and in satisfaction of their and every of their arreares of pay, to nominate out of themselves certaine persons to subdivide and set out the said lands soe fallen or to fall to them by lott or otherwise, according to the true and reall value thereof, to the best of their skill and judgement; and to returne an instrument under their hands and seales of such proportion and particular of the lands which shall be by them soe subdivided and sett out to each of the said officers and souldiers into the Court of Chancery in Ireland, to be there inrolled; provided the said persons soe to bee nominated shall in their proceeding therein, as to the gross, observe and keep the rates for lands in their respective provinces of Ireland aforesaid, as they are sett downe in an Act of Parliament made at Westminster the 26^th day of September, 1653, entituled, An Act for the speedy and effectual Satisfaction of the Arreares of the Souldiery; and further, that from and after the returne and enrollment thereof in the Court of Chancery within that nation, the same shall be finall, and for ever after a conclusion and barr to all and every the person and persons interested or to be interested in the said respective lotts and lands, and their heires; and this present ordinance shall be a sufficient authority to the ministers of the said courts, for the enrollment of the said subdivision of the said lands, being brought unto them fairly written, under the hands and seales of the persons imployed in the subdivision thereoff, and the same shall bee accepted, deemed, and taken to be a full barr to all pretences of any persons claiming by, from, or under the said lott or subdivision, and their heires for ever.

And bee it further ordained, by the authority afforesaid, that such instrument soe inrolled shall be a sufficient title and evidence for every such person and persons, and their heires for ever, to claime, hold, and enjoy the lands and estate therein particularly mentioned, as fully and amply as if the same had been contained in the lott of such person and persons in full satisfaction of his and their proportion of the lands and estate whereunto they might make claime in satisfaction of this and their arreares.

Hen. Scobell, Clerk of the Councill.

Passed the 2nd of September, 1654.

 

(A true copy.)

Noe sooner were these trustees settled, and had declared the manner how they intended to proceed as to the satisfaction of the army, but the papers above-mentioned, and the narration of Lewis Smith, who surveyed the said lands of Kerrey, appeared, viz^t:

 

to the right honourable his highness the lord protectors councill for the affaires of ireland.

The humble Petition of the Agents for the Divisions of the Province of Munster.

Humbly sheweth, that your petitioners, being agents for the regiments whose lots fell in the province of Munster, have severall grieveances to propound the removall thereof to your lordshipps; and therefore they humbly pray that noe part of their provinciall security, or the collaterall security of that province, bee disposed of from them, till they bee heard by your lordships.

Ric. Lawrence. Will. Arnopp. Rob. Barrow. Will. Walker. Hen. Jones. Will. Heiden.

Hie. Sankey. Tho. Stanley. Ffra. Bolton. Alex. Staples. Jo. Godfrey. Will. Morris.

25 June, 1656.

 

Reasons presented by the said Agents, 28th June, 1656.

The resolves of the Generall Councill of the 6th of Aprill, 1654, were grounded uppon the Act of Parliament, as appeareth by the first, second, and third resolves.

2. The nine resolves first set downe were only preparatory to the drawing of provinciall lots; and the supplement made for the deficiency of the provinces, in the ninth resolve, were only provided as to the manner of ascertaining the regiments in the severall provinces, according to the estimate of the debt and creditt then taken.

3 . Accordingly, there was use then made of the supplements soe provided for Munster, to witt, Cranagh and Galmoy was then drawne with Munster, because in that manner of proceeding itt did want it.

Soe alsoe there was use then made of the suppliment for Leinster on Ullster side, to witt, Orier and Ffewes, because Leinster on that side did want it.

But there was noe use then made of the supplement of Gualtier and Middlethird, provided ffor Leinster or Munster side, because Ullster did not begin, and therefore Leinster could not want it on that side.

Whereuppon the ninth resolve was made use of at the time of drawing and setling of the provinciall lotts, and fully served the end for which it was appointed, which, being accomplished for the same, can not be properly now received as applyed.

That it was soe, and soe understood, it alsoe appeareth by the proceedings of the agents of Munster and Leinster to subdivision, in that the committee did divide Cranagh and Galmoy with the lott of Munster, as by the first resolve of the committee doeth appeare.

And in that the committee of Leinster did divide Orier and Ffewes with the lott of Leinster, as by the 3rd and 6th resolve of that committee may appeare. But that the supplement of Gaultier and Middlethird, on Munster side, was made use of, doeth noe where appeare.

That the provinciall lotts thus made was confirmed, itt doeth appeare by the third resolve of that Councill.

And that the subdivisionall lotts of the severall provinces was allsoe approved, appeares by the last vote of that Councill.

That the provinciall division there made was equall itt is clear, because the regiments in each province, by the estimate of debt and creditt then taken, were equally provided for.

If, therefore, any regiments of the army doe by that estimate fall short of what is due unto them by the Act, what is wanting thereof must be made up, with equallity to all, out of the next adjacent lands, from such regiments and lots only as shall appeare to have more land then, uppon an exact accompt of debt and creditt, shall be found due, proportionably with the whole army, as by the 10th resolve.

The querrie then being, uppon such exact accompt, which regiments or lotts doe want, and which doe abound, it will followe, that such as doe neither want nor abound must not be disturbed, otherwise there could be noe end in the making of provinciall lotts.

In making of provinciall lots, subdivisionall lotts must follow, soe far as they could be practized, to promote the settlement of the army; and accordingly three divisionall lotts in Munster, and two in Leinster, were practized, as by the printed resolves of the committee of both provinces may appeare.

Therefore such divisions can not bee violated, unless it doe appeare they were made contrary to the Act of Parliament, or printed resolves of the said Councill.

 

to his highness councill for the affaires of ireland.

The humble Addresse of the Agents for the respective Regiments in Leinster and Ulster.

Whereas a committee of the Councill did yesterday acquaint us that it was their intention to report to the Councill that the two barronyes of Iveragh and Dunkeron, in Kerrey, might bee laid aside, and only the rest of the land at present divided; wee humbly offer, that the report may not be made, nor the said two barronyes suspended, for these ensueing reasons, viz^t:

1st. Because the said barronyes are within the provinciall lots of Munster, and allbeit the said barronyes may be of less value then other lands within their province, yet it is within their power to equalize their counties and barronyes, by putting the best above the Act rates, soe as to reduce the rate of the worst to one hundred or fifty pounds per thousand acres, or as low as they please, soe as they doe it entirely within their owne province.

2dly. Because the province of Munster is concluded, not only by their provinciall lott, but alsoe by their owne resolves, from which they may not appeale, as appeares by the third resolve and 16^th [and] 17^th pages of the resolves of the Generall Councill, and of the agents of the province of Munster.

3dly. Because this suspension would bee contrary to the purport of that solemn paper subscribed by the complainants, entituled Reasons to induce the Army to lott for their Lands, wherein they declare that they had rather take a lott uppon a barren mountaine as a portion from the Lord, then a portion in a most fruitfull valley uppon their owne choice.

4thly. Wee humbly offer to consideration, whether the Act for satisfaction doeth impower the Councill to alter matters concluded by lott or agreement betwixt province and province.—See page 70, 71.

5thly. That by resolve of the Councill, 9th of May, 1656, all the forfeited lands, as admeasured by Doctor Petty, shall be accepted by the army, sett out according to the Acts and ordinances of Parliament.

6thly. That by commission from the Councill of the 20th of May, 1656, the commissioners are authorized and appointed to distribute and set forth all the said lands, according to the resolves of the Councille above mentioned.

7thly. That, pursuant to their commission, the said commissioners have set out, by a solemne instrument, the two barronyes now proposed to be suspended.

8thly. That a suspension would unravell the whole proceeding of the commissioners, and much retard the satisfaction of the army.

9thly. How far the Councill will thinke fitt to weaken the hands of their ministers, by suffering their proceedings according to commission from the Councill to be exposed to contempt, wee humbly submitt.

10thly. Because the provinces of Leinster and Ullster have both as unprofitable, barren, and wild places, and of as doubtfull a survey, though at a higher price then Munster, and not the advantages of the sea and ffishing, as in Kerrey, namely, Upper Ossery, some barronyes of the Kings County, the Duffry in Wexford, and alsoe Orier, Ffewes, and Cremorne, in Ulster; yet that these wild barronyes and barren places might be as good as the best, wee have, by equalization, put a thousand pound uppon a thousand acres, to reduce the worst farr under the Act rates, which they ought alsoe to doe, it being noe injury to pay three groats for one shilling.

Now if the foregoeing reasons may not prevaile, but that the rule shall be broken in Munster, and they admitted to picke and choose, wee desire alsoe the like priviledge to Leinster and Ullster; that Upper Ossery in the Queenes County, some barronyes of the Kings County, the Duffrey in Wexford, Oryer, Ffewes, and Cremorne, in Ulster, may be alsoe layd aside: all which wee humbly submitt.

30th June, 1656.

Rob. Phaier. Dan. Axtell. Rob. Smith. Rob. Preston. Ed. Warren. Ffra. Gore. Ja. Stopford.

Jo. Disborow. Rob. Saunders. Jo. Nelson. Wm. Lowe. J. Rawlins. H. Hurd. Jo. Galland.

Dan. Redman. Wm. Moore. Ric. Ffranklin. Jon. Warren. Theo. Jones. Peter Wallis. William Purefoy.

 

to the right honourable the committee of his highness councill of ireland.

The humble Address of the Agents for the Province of Munster.

Humbly declaring that they have considered the exspedient proposed of reconciling the provinciall differences, by laying aside the barronyes of Iveragh and Dunkeron, in the county of Kerrey, from the creditt, in the present division of lands to the army; and have alsoe, but without success, endeavoured a meeting with the agents of Leinster and Ulster, in order to the finding out of some further exspedient, in discharge to the obedience which was due to your lordshipps proposalls, which they humbly tender; as alsoe, that if the barrony of Glanneroughty may not be laid aside, that some way of reprizall may be thought uppon for such who shall fall there, and in the rest of Kerrey, they being perswaded that not one fifth of the return in Glanneroughty will be adjudged profitable lands, and not one moyety in the remainder of Kerrey.

Ric. Lawrence. Tho. Stanley. Wm. Arnopp. Wm. Heiden.

Hie. Sankey. Jon. Godfrey. Ffra. Bolton. Alex. Staples.

 

the narration of lewis smith concerning kerrey.

To the Right Honourable His Highness the Lord Protectors Councill for the Affaires of Ireland.

The humble proposalls of Lewis Smith, admeasurer of lands:

Whereas I, Lewis Smith, and one John Humphreys, were imployed by D^r William Petty in the admeasuring the forfeited lands in the county of Kerrey, as alsoe for subdivision of most part of the same; now six monethes since the said Humphreys and Smith have finished the said admeasurement, and have been ever since waiting to goe about the perfecting the said subdivision, as alsoe severall men imployed by the said Smith and Humphreys in the said admeasurement, with severall servants that they have kept, thinking speedily to have gone about the same, which said waiting hath been much to their charges and trouble: the very charges in the admeasuring, and what necessary exspences they have been att in soe long waiting, is more by many pounds then what is yet received for the same, besides the loss of time.

Now uppon frequent comming or goeing to the said Doctor to enquire of him when I should goe about the said subdivision, hee still told me that there was a great debate or trouble concerning the quality of lands in the said county of Kerrey.

Ffurther, it is a generall report in this city, nay even throughout most part of this dominion of Ireland, that the returnes of the lands made by the admeasures of the said county of Kerrey, doth demurr, if not alltogether hinder, the proceedings in satisfying the army in this dominion.

Therefore I, the said Smith, thought it my duty to present these lines to you Lordshipps, allthough my plots and bookes are allready returned in with the said Humphreys, by which said bookes and plots I did thinke wee should have given very good satisfaction or content, otherwise wee might have saved many pounds and many dayes worke more than ordinary, that wee spent about the said admeasurement, if possible to make it without exception. Better were it for us not to be, then that the said Humphreys and my selfe should be the molestors of soe many honourable and judiciouse men, besides the multitude. Therefore I humbly crave that your Lordshipps may a litle, with patience, hear me in our vindication, to give you a full account of our proceedings, and the grounds therof; because I understand there is a misinterpretation or construction put uppon our returnes.

Therefore I againe crave your patience, hoping that your Lordships, uppon consideration of the ensueing particulars, a meane proportion will be found betwixt the two extreames that the lands in Kerrey are desired to be set out att. The manner of our proceedings was in this sort, viz^t:

When wee came first in the countrey, wee viewed the place in a generall way, considering the lands to be exceeding bad, and was about not to returne any part of the said countrey profitable, but only arable and good pasture, though our instructions did make mention of severall kinds of pasture which did include and reach the worst pasture, viz^t, rocky, fursy, heathy, mountaine, and bog, &c. butt yet it was soe bad, that wee intended to proceed. Butt then, comming to the more remote part, viz^t, Iveragh, Dunkeron, Glanneroughty barronyes, the greatest part of Corkeaguiny barrony, the parishes of Kilcommen, Killagha, &c., and the west ffractions in Magunnity, with much of the mountaine called Sleavelogher, in the barony of Trughanackny, Magunnity, Clanmorris, and Iraght-Icannor, wee were at a loss, for the like quantity that wee were about to returne unprofitable in the more habitable places was even as good as many whole denominations consisted of in the said places, except some small spotts of arable that was in some of them, and yet goeing by the names of plowlands and parishes, &c.; some mens whole estates consisting of such like; some of the said denominations wholly without arable. Soe that wee did not know what to doe, but was very inquisitive of those that had been inhabitants in the said places, and of our bounders; soe that wee did clearly see that something had been made of those places, and something might be made of them againe if stocked with catle; and wee did not judge it safe to take uppon us to cast away towne lands, parishes, nay even allmost barronyes, wholly for unprofitable. Wee could, allthough wee did at first soe judge, having never been in the like places before, yett having information of the aforesaid, and seeing that the said places were returned in the abstracts, and as plowlands and as parishes, and were some mens whole estates, and that wee were informed that the said course plowlands formerly paid contribution or taxes with the rest of the countrey, when the same was leavied by plowlands, therefore we could not but judge these places good for something, and resolved to make something of them.

Nevertheless one of us sent to the said D^r Petty for his advice in the case, who returned his answer to follow our instructions, which said instructions did not give us any information what land to call profitable or unprofitable, saveing profitable lands by severall titles, viz^t, arable, meadow, and pasture; and then makes mention of the severall kinds of pasture land, viz^t, rocky, fursy, stony, heathy, mountainouse, and bogg, &c., as aforesaid, soe that these titles did include all that was in doubt as aforesaid. Soe that according to instructions and information of the said countrey, that wee doubted of, was, and must of necessity be called profitable in itts kind; but yet wee were in doubt, judging that it was not fitt that such lands should be accounted and given out in satisfaction for good lands, much of it being not worth the quitt rents; but there being noe provision made in such cases, wee did what wee thought most convenient and safe, which was that wee have now done, and presented to your Lordshipps in our plotts and bookes.

Att our comming into the said county, and for a considerable time after, the said Smith and Humphreys were not acquainted, either by letters or otherwise, having never seen each others faces, yet judged each others condition, thinking that wee must needs be in one and the same streights; therefore wee desired to see each other, and discourse the business; and when wee came to present the difficulties concerning the quality of the lands, to all intents and purposes, wee lighted uppon one and the same way, in distinguishing the lands into three sorts or parts, viz^t, arable and good pasture, course pasture and unprofitable, before seeing or hearing from each other; and soe consulted concerning the premisses, and resolved to put in execution our former purposes, viz^t, to exactly measure each denomination, and then to consider of the quality thereof, and to run out by chaine and instrument all bog and mountaine that our bounders (and with the best information wee could get on the place) did call wholly unprofitable, that was without dispute, according to our and their judgements, and to distinguish all the arable and good pasture land, and good wood, from the rest of the course or midling sort of land, that wee did not know what to doe with, but did consider how many acres of that course land was worth one acre of good grazing land in those places where the said lands did lye, judgeing that the most fitt and absolute way, with the advice of the chief inhabitants, and there being allmost the same rule before us, which was of antient standing, viz^t, the countrey was divided into plowlands, one plowland being great, and another small, as they were in goodness and badness; for many of the plowlands were but seaventy or eighty acres, others are two or three hundred, and others 2000, sometimes 3 or 4000 acres. Now, at the first division of plowlands, they did endeavour to make them equall in value each to other; but much of the course plowlands being bog, in process of time the inhabitants have improved some of the same, and made it fitt to bear corne; soe that in one of these great plowlands there will be as much arable now as in one of the small ones, besides the number of catle the said great plowlands is able to graze above the small; soe that, ordinaryly and usually, in that countrey, the large plowlands is better then the small, soe that wee could not set downe any generall rule to proceed by plowlands; and then many of them being wholly without arable or any good pasture, and sometimes not any of it that wee could absolutely call unprofitable, following the instructions and informations aforesaid.

Therefore wee did value, as aforesaid, whether ten, twenty, thirty, or the like, was worth one acre of good grazing land in that parish or barrony, and soe consequently did proceed in the like sort throughout the whole county. And allthough that, in our instructions, there is not set downe that wee should value lands, yet there wee are required to give the quality of every parcell surrounded, and even of what sort and sorts.

Now the said county being generally mountainouse, rocky, and boggy, soe that all the pastures came under one of these titles, and most times they are rocky and boggy mount pastures in one and the same places, and yet there is a great deale of difference in the quality, and the same title must be given to it, though there be a great disproportion; so that we judged fitt how to value how many acres was worth one, even to distinguish betwixt course and course, to answer that clause of our instructions.

And that your lordshipps might have a true account of the quality, and to judge of it as you might thinke fitt. As to what wee have done in Kerrey, wee can very well justifie quantities, but as for the quality of land wee had noe rule to walke by, only as aforesaid, but did according to the best of our judgements, and the best information wee could get; soe, breaking noe law, wee thinke not to have wronged any, either the Commonwealth or souldiers, seeing it was not said lands should be worth quitt rent, or else they are worth nothing, or any other rate put uppon them. But, least you might thinke that wee were not able to value or equalize lands as it ought to be, wee got one of the worst parishes in the said county valued by the chiefest and ablest men that lived in the place; and finding what wee did, by the help of our bounders, to be just and agreeable to the ancient custome of setting or dividing of lands in that countrey, wee did proceed from time to time, much to our great paines, charge, and loss of time.

Now whereas itt is said that there hath been such a large debate, that itt is concluded that, according to the returnes of Kerrey, every acre that wee have soe valued must goe for one as good land as any of the rest, I doe here declare to your lordshipps that it was never soe intended by us, but that according to our value, or something that should bee equivalent with the same, the land should be given out, wee judgeing the said values or valueing to bee the only meane betweene the two extreames; for either must the said values stand, or something equivalent with them, or else nothing but the small spots of arable and good pasture must be accompted as good or profitable, and whole plowlands, allmost parishes and barronyes, must be throwne away, or else must all goe for good, either of which would bee very ridiculouse, according to my judgement, ffor on the one hand the Commonwealth would loose, and the souldiers on the other hand. Many of those souldiers that shall fall in those places will have a bondage on them, instead of their having satisfaction, for these many yeares. Most part of Kerrey will not make or raise the quitt rents, some of it never did, nor never will, and yett people lived on it, and is pasturable for cattle, and yet, as aforesaid, not worthy the said quitt rent. Therefore, in this doubtfull case, all that your servants could doe in the same, for the reasons aforesaid, was only to be exact in giving the true quantity, and our judgements concerning the quality, not assuming to ourselves to determine any thing therein, but have layd the same open to your lordshipps, in only giving our sences thereof, and leave you to judge. But this I will dare to say, that noe man or men whomsoever that your lordships shall employ shall ever reconcile the differences that arises concerning the premisses, except by this way proposed by your servants, or something equivalent with it, except that they will throw away all the benefitt that would arise to the Commonwealth in the said course lands, viz^t, whole plowlands, allmost parishes and barronyes. And as for the souldiers to take the same, every acre for satisfying acres, and pay quitt rent for the same, it cannot bee exspected nor required; for noe landlord can exspect more then the full worth of his land, or require of one more then he can by any meanes make, he using his best endeavours to improve it; yett will he not wholly throw the same away, though hee cannot gett what hee would.

But as concerning the letter of the Act of Parliament, touching the setting out of lands in Ireland, your lordshipps servants did and doe absolutely thinke the word unprofitable will admitt of some interpretation; not that I doe presume to give the absolute interpretation of the same, but, being a person concerned, doe humbly offer my sence concerning the same, viz^t:

Either must the Act admitt of some interpretation of the word profitable and unprofitable, or else there is very little unprofitable land in Ireland, if any; for that is only barren that beares nothing, or that only unprofitable which is good for nothing. And if this be all that the said Act of Parliament will hold, in that case then I dare engage to find out, of the lands admeasured for the souldiers and adventurers, above three or four hundred thousand acres of land that shall bee absolutely profitable, according to that sence, more then is now returned. But, as aforesaid, I did and doe judge that those very words of the Act will admitt of interpretation, therefore, and for the reasons before mentioned, I proceeded in that method as wee have made our returnes to your lordshipps, and not, as some did and doeth alleadge, that wee have made these values for fear of the souldiers, and that wee durst doe noe other. And others doe informe your lordshipps, as I hear, that wee have done like perjured persons, only for our owne gaine. But I decleare here to your lordshipps, and all the world, that the reasons before mentioned was the cause of our soe proceedings; neither did wee ever take uppon us to determine any thing, but, adjudgeing it a thing to high for us, have here given a true description of the said county, and have soe admeasured the same, that, however your lordshipps should doe or adjudge in the case, our worke should be and is done; for wee allwayes carefully distinguished how much arable and good pasture and wood was in each surround, how much course, how much absolutely unprofitable, leaving the midling sort to bee judged of by your lordshipps, or whome you should appoint, and not otherwise, was clearly our intent and meaning: wee having noe rule in the case, wee could not breake any.

Therefore, I humbly crave that your lordshipps will harbour a charitable opinion of us, this being the true state of the case, whatever may be told you. And whereas itt is alledged that wee were concerned to bee paid by the thousand acres is the only cause why wee have soe proceeded, there is an instance to the contrary, for there was five barronyes of the said county undertaken by one of us by the thousand; and afterwards there was three more undertaken by the other to be paid by the mile, it being all one to him if it had been all profitable or unprofitable. And when he came to the countrey, he went about his worke, and had done, with himselfe and asistants, most of his worke before wee saw each other, or did advise by letters or councill together, as was before exsprest, but, being surrounded with the same difficultyes, was forced to walke in the same path, and make a true admeasurement of every kind, and submitt to better judgement to determine.

I was thinking to have cutt of by line some of this course or midling sort of land, and call some profitable and some unprofitable, but that itt is generally of one kind of soyle in one denomination; and to have cutt the same in parts, and call one part profitable and another part unprofitable, they being allike in quality, or neer, would have been ridiculouse, both to your lordshipps and the souldiers; and to throw it wholly away wee could not, neither return it as satisfying acres.

Therefore, all wee could doe was only to present the true state of the case before your lordshipps. And allthough wee are soe much blamed for valueing of lands, and the returne of the civil survey is commended, because they sett downe pasture, how much really profitable, and how much unprofitable, and have sett downe the quality of the profitable, viz^t, arable and pasture, &c. But if the very persons that made the said returnes should bee desired to shew their 10, 20, 30, or 400 acres, &c., of good pasture land, which they sett downe in most of the townelands that are course, they cannot shew it, nor in any way demonstrate, but must bee forced to say wee could ten or twenty acres to be worth one; or else as if a man would cut a piece of cloath in two, and call one good and the other bad, though both be one, which would be ridiculouse, as aforesaid. Soe they call such a corner that is neer their dwelling profitable, and that which is a little further of unprofitable, though the same in quality; soe that the civill survey doeth as wee have done, though not declared the same. But if wee had done as they, and that soe generally, it would have been required that wee should scituate the severall quantities, which they in the civill survey cannot doo; neither could wee, if wee had done as they did.

Now wheras many things hath been alledged against us, itt may bee that these my proposalls may be supposed that I was incited or moved by the souldiers to doe it; but doe here declare ingeniousely that, directly nor indirectly, either souldier or any instrument for them did ever move me to this or any thing else that I have done concerning the premisses, in my returne or otherwise; but what I have done was, to the best of my understanding, to discharge a good conscience in it, as I have grounds to believe M^r Humphreys did; soe that I thinke wee are not blameworthy, but ought rather to be considered, having the most intricate piece of worke, and spent more time then any, and worked as hard as any, and was at more charges then any admeasurers in Ireland. Indeed, wee were noe otherwise then slaves, our wages not bearing our charges by many pounds, and for all our care and diligence cannot please our masters. If a torment had been invented, never could have been greater, short of death, for wee have lost our time, and men doe their endeavoures to take away our good name, and all this while wee are cleare, as wee hope your Lordshipps will now be satisfyed; and will see an absolute necessity in finding out a meanes betwixt the two extreames in setting out lands in Kerrey. Hoping your Lordships will take the premisses into seriouse consideration, as much hath been said said against us, that you may consider the litle causes given by us, if their be but a right understanding of our proceedings; and where I have done foolishly or ignorantly in these my proposalls, I pray you pardon mee, for presumptuously I have not done it to offend you in any thing, and hoping you will soe adjudge of mee,

Your Lordshipps humble Servant to my power,
Lewis Smith.

Dubl. ult. Junii,
1656.

 

to his highness the lord protectors councill for the affaires of ireland.

The humble Addresse of the Agents of Leinster and Ulster.

Whereas severall attempts have been made for an accommodation betweene Munster and the other two provinces, which have been rendered ineffectuall, as wee conceive by the Munster lott, yett because wee are sensible they will be apt to charge the same uppon us, and that hereuppon will arise new disputes, to avoid further delay, that wee may returne to our respective charges, wee take the boldness humbly to withdraw ourselves from this argument, and insist uppon the Act of Parliament, by which we ought to have full satisfaction for our respective arreares at the Act rates, and by the land ought to be sett out by lot, which lott was drawne by order and approbation of the Commissioners of Parliament, in pursuance of that Act of Parliament.

Thus wee have removed the delay now put uppon the subdivision from our doores, and doe not hold ourselves obliged to medle any further therein, then humbly to demand our due and full satisfaction for our arreares, and to bee ready to receive the same according to law, lott, and rule, which wee are well assured is your honoures intention towards us.

Ric. Ffranklin. Wm. Purefoy. Pet. Wallis. Hen. Flower. H. Hurd. J. Rawlins. Jo. Warren. Ed. Warren.

Dan. Axtelle. Jo. Disbrow. Ric. Preston. Dan. Redman. Rob. Smith. Wm. Lowe. Ja. Stopford. Jo. Galland.

 

The Proposalls of the Munster Agents to those of Leinster and Ulster, rejected by them, and now humbly presented to the Councill.

That the first exspedient of the committee of the Councill may stand, viz^t, the laying aside of Dunkeron and Iveragh, wee being concluded to wave the laying aside of Glanneroughty, if the agents of Leinster and Ulster wave the laying aside of Duffry, Ossery, Orier, Ffewes, and Cremorne.

That if this is not admitted, Dunkeron and Iveragh being wholly layd aside, then wee doe offer that, if the agents of the two provinces stand uppon the laying aside of Duffrey, Ossery, Orier, Ffewes, and Cremorne, that those severall barronyes of Duffrey, &c., excepted against by them, shall be accepted of by the agents of Munster, to satisfie the debt of that province att the Act rates, soe farr as they will goe; and some barronyes of Munster, that the agents there have made noe exception against, shall bee given to the agents of the three provinces in lieu thereof, that shall satisfie the like proportion of debt; and in the exchange, the barronyes of all three provinces to bee accepted of at the Act rates.

Signed by order of the agents of Munster,
Hie. Sankey.

2^d July, 1656.

 

By all which it appeares —

1st. That the army and Councill became content that the land should bee sett out by D^r Pettyes Survey, after they had just then spent much time in examining of it.

2dly. That the Doctor was in such creditt with both, as to bee appointed a trustee for distributing the whole; and when three of six were left out of a new commission, dated 7^th of July, 1656, hee was one of the three that remained in the employment. The which, with the desire of many principall persons in December last, that he should finish the survey of all Ireland, and Lewis Smiths patheticall, though plaine, narrative aforementioned, I conceive to be a fair answer of that second and great clamour, though the same yett remaine with some spitefull and ignorant persons, deafe adders, that will not hear, though they bee charmed never soe wisely, and with such whome brayeing in a morter will beat noe reason into.