History of the Down Survey (Petty 1851)/13
CHAPTER XIII.
HITHERTO hath been spoken of examining, accompting, and paying for the said survey; it followes next to sett forth the manner of taking up the contract and bond given for performance of the same.
The survey being delivered in about the beginning of March, 16556, itt seemed reasonable that twelvemoneth after that time the Dr should be totally discharged from all manner of obligations concerning the same. Now, at the exspiration of the said twelve moneths, three of the Councill being goeing judges of assize, and were therefore to be absent about the beginning of March, 16567, when twas thought fitt to desire the said discharge, the Dr did somewhat before that time present the following petition, vizt:
to his highness the lord protectors councill for the affaires of ireland.
The humble Petition of Dr William Petty
Sheweth,
That the time being now come when your petitioner ought, if ever, to bee discharged from his contract for surveying, and of his bonds given for performance of the same, hee humbly prayeth that the same may be done accordingly, before some of your Lordshipps, the judges, bee called from the Councill to the circuit, to the end that ample satisfaction may be given and taken from your Lordshipps granting of the same, and such as is suitable to the creditt and reputation of your petitioner herein.
Who shall ever pray, &c.
Wm. Petty.
By His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
Vppon consideration had of the within petition of Dr William Petty, praying to bee discharged from his contract for surveying, and of his bonds given for performance thereof; ordered, that it bee referred to Mr. Atturney-Generall Basill to consider thereoff, and of the contract made with the petitioner, and allsoe of all such orders of this board as relate thereto, true coppies whereoff are hereunto annexed; and uppon due consideration had of the said contract and orders, to report his opinion unto the board, whether it bee fitt the petitioner should bee discharged as yett of the said contract and bond. Dated at the Councill chamber in Dublyn, 23th of Ffebruary, 1659 [1656?]
Tho. Herbert, Clerke of the Councill.
In answer to this reference, after a terrible examination of all particulars, the Atturney-Generall makes the following report, vizt:
To the Right Honourable His Highness the Lord Protectors Councill for the Affaires of Ireland.
May it please your Lordshipps,
In obedience to your Lordshipps order of reference to me directed uppon the petition of Dr Petty, bearing date the 23th of February, 1656, and hereunto annexed, I have examined the matter to mee referred, and there was produced before me a coppy of certaine articles of agreement, attested by Tho. Herbert, Clerke of the Councill, to bee a true coppy, bearing date the 11th of December, 1654, made betweene Benjamin Worseley, Esqr., Surveyor-Generall, by the appointment of the Right Honourable the Lord Deputy and Councill of Ireland, on the behalfe of the Commonwealth, of the one part, and the said Dr William Petty on the other part, which said coppy is hereunto annexed; for performance whereoff the petitioner alledgeth a bond of ffour thousand pounds was by himselfe and others given; and which said articles the said Doctor William Petty affirmeth he hath performed, and for proofe thereof produceth before mee,
1st. The coppy of an order from your Lordshipps, dated the 10th of March, 1655, attested by Tho. Herbert, Clerke of the Councill, whereby it appeareth that the petitioner then had tendered to your Lordshipps an accompt of the whole survey by him undertaken, and that the same was put then into a way of examination by your Lordshipps, whether the petitioner (re verâ) had performed the severall parts of his agreement, and whether there were any failure on his part, and wherein.
2dly. Hee produceth another order, dated the 11th of March aforesaid, and attested as afforesaid, whereby the premisses were referred to a committee of artists, which said committee, or any three or more of them, were to examine, by the best wayes they could, the truth of the originall ffield books and plotts relateing thereunto, and to enquire into the true performance of the exact method and keeping the said ffield bookes and plotts, and such other wayes as they should conceive fitt for the better examining and checquing the said worke, and for exsperimenting the truth of the said Drs undertaking.
3dly. Hee hath produced a coppy of the report of the said committee last mentioned, made unto your Lordshipps, bearing date the 17th of March, 1655, attested as afforesaid, the coppy whereof is hereunto annexed, whereby they, having declared unto your Lordshipps that they had considered the ability of the persons imployed in the ffield worke, the instructions given them, the method of the ffield books, the way of protracting and casting up, and what cheques were appointed for the said worke,—having considered of the said particulars, doe not exspress any dislike or exceptions to the performance of the said articles, by all the tests or wayes of examination exspressed to have been made by them; only they deliver their opinion that whatever fault might lurke in the said worke could bee noe otherwise found then by the care of the respective persons therein concerned, as may at large appeare by the coppy of the said report hereunto annexed.
4thly. The petitioner produced another order, bearing date the 26th of November, 1656, attested as afforesaid, whereby it appeareth that your Lordshipps having considered of a report of the auditors of His Highness Court of Exchequer uppon the accompt of the said Dr Petty, concerning the said admeasurement, did direct the said auditors to consider thereof, and to prepare such a declaration or order of discharge for him, the said Dr, as the said auditors should conceive fitt to bee passed by your Lordshipps uppon the said accompts.
5thly. The said Dr Petty produceth another order of your Lordshipps, dated the 28th of November aforesaid, and attested as afforesaid, whereby your Lordshipps doe acknowledge that there was due unto the said Doctor 3784li 15s 4¼d uppon the foot of the said accompt, which your Lordshipps did thereby allow and approve of, with a provizoe that the said accompt should not extend to 2054li mentioned in the said order, which the said Dr alledgeth was to bee reimbursed to your Lordshipps by the said Doctor for grosse admeasurement, according to the 11th and 17th articles of his contract, nor unto what shall appeare to be due unto the said Dr for his survey of the countyes of Catherlogh, Wicklow, and Limricke.
6thly. The petitioner produced another order, dated the third of Aprille, 1657, whereby itt appeareth that your Lordshipps gave an allowance of an accompt relating to both those particulars, whereunto the said last mentioned order did not extend, that is to say, the said 2054li, to bee reimbursed to your Lordshipps, and what was due unto the petitioner for his survey of the said countyes of Catherlogh, Wickelow, and Limricke.
Moreover I find by the second article of the said contract, that the said Dr Petty was to subdivide the lands by him admeasured into the lowest denominations, into soe many other smaller parcells as should bee requisite particularly to satisfie each man his respective arreare, without any readmeasurement, and by the tenth article that hee was to compleat all the surveyes mentioned in the said articles, and to returne the plotts, mapps, and bookes of reference, within one yeare and one moneth next after the date of the said articles; and by the eigth article, the said Dr Petty was, with the returne of such books, to note and mention all such subdivisions of lands as should be made to each particular person; and by the nineteenth article, that whatsoever complaint should be made against the said survey should bee exhibited within twelve moneths after the said subdivision mentioned in the fforgoeing articles of the said contract should bee made and given, and not afterwards; and there was likewise produced before me a coppy of an order of your Lordshipps, bearing date the 20th of July, 1655, attested by Thomas Herbert, Clerke of the Councill, for allowing the rents and profitts issueing out of the forfeited lands unto the army, untill the said lands should bee divided and layd out by the downe admeasurement; and whereby it is desired that the counties desired for collaterall security are not disposeable for satisfying the army, untill it should appear what surplusage might arise from the moyety of the ten countyes ordered for the satisfaction of the adventurers, and out of the county of Lowth. And the petitioner doeth thereuppon affirme, that the performance of the subdivision within the thirteene moneths afore mentioned became to him impossible, for asmuch as he could not, according to the said last mentioned order, subdivide or dispose of the lands untill the said surplusage of the adventurers lands, [and] the county of Lowth, were first knowne, which are yet, as he affirmes, unknowne, without any undertaking of his, or default in him. The petitioner doeth allsoe affirme that he could not subdivide the lands according [to] the second article of the said contract, by reason the said lands did not hold out to give the army their full satisfaction, as in the said articles was supposed; nor could it bee knowne unto what proportion of satisfaction the said lands would extend, unless the downe admeasurement of the whole were first finished; all which he doeth affirme is well knowne unto your Lordshipps, and says that it had been as easy for him to have performed the downe admeasurement and subdivision both together, according to the intention of the said contract, as in the second, eight, and tenth articles thereof aforementioned is implyed, as to have performed the downe admeasurement alone by it selfe, as by your Lordshipps said order, and the exigencies before mentioned, hee affirmeth he was forced to doe. And as to the petitioner being bound twelve moneths after posession given of the said lands, the petitioner alledgeth that he understood the time of possession to bee when the army might have entered into possession, and might have examined the truth of his performance according to the tenor of the said articles, alledging allsoe that he never intended the said twelvemonthes of his probation should begin from the time of that legall and absolute possession which your Lordshipps only can give, and which is noe ways in his power either to further or hinder; and says that it was not in his power to bring men in that sence to take their lands, even when he had admeasured the same for them. Soe that uppon the whole matter, if your Lordshippps bee satisfyed that the downe admeasurement was sufficiently performed, as is alleadged; and that the reason why the subdivision and setting out lands was not performed, according to the very letter of the contract, was not through the petitioners default; and that noe other matter appeares unto your Lordshipps then what hath been produced unto me as afforesaid; and that the bond entered into by the petitioner and his suretyes was conditioned only for performance of the said articles, which bond the petitioner could not, as hee alledgeth, produce unto me, being in your Lordshipps custody; and that there be noe other then what at present appeareth unto mee: then I am humbly of opinion that there is much equity why the petitioner should bee discharged from his said contract and bond, as is desired; which I nevertheless humbly submitt into your Lordshipps consideration and judgement.
Will. Basill.
Dublyn, 13th of Aprill,
1657.
By his Highness the Lord Protectors Councill for the Affaires of Ireland.
The Councill having duly considered of an humble petition presented by Dr William Petty, praying to be discharged from his contract for surveying the forfeited lands therein mentioned, and of his bond given for performance thereoff; as allsoe of a report made by Mr Atturney-Generall, to whom the consideration thereof was referred, and uppon perusall of former orders and reports made in the case, thinke fitt to declare that, allthough they are well satisfyed with the Drs ingenuity and industry in managing the said worke suitable to his trust and undertaking (noe error or imperfection hitherto appearing to them therein), yett, uppon the whole matter, doe not thinke fitt to release his said security at present. Nevertheless, that there may bee some lymittation of time, it is likewise held fitt, that in case the said Dr William Petty shall, within the space of twelve moneths from and after the first day of October last, correct and amend all such errors as are or shall bee made to appeare in his worke, and that the said Dr Petty doe deliver into the Surveyor-Generalls office the particular mapps, plotts, and bookes of references of all the lands by him admeasured, as mentioned in the articles of his agreement, itt is held necessary and just that the said Dr bee, at the expiration of the said twelve moneths, to bee computed as afforesaid, discharged from his contract, and that the bond which the said Doctor and his sureties have entered into for performance thereof bee delivered up to bee cancelled. Dated at the Councill chamber, in Dublyn, the 15th of Aprill, 1657.
Tho. Herbert, Clerke of the Councill.
to his highness the lord protectors councill for the affaires of ireland.
Humbly sheweth,
That your petitioner (notwithstanding all manner of impediments, both designed and accidentall, occasioned by reason of envy, emulation, competition, and other prejudices, as allsoe through misunderstanding of agreements, the excessive wettness of yeare 1655, the then vigorouse prosecution of transplantation, the thinness of the garrisons in respect of guards, the temptations that lay uppon the meersmen to abuse your petitioner, the irresolutions of the army as to goeing into possession, the hindrances caused through the disbanding in 1655, and want of countenance from your Lordshipps to correct the abuses and enormities of such as your petitioner imployed, with many other obstructions too long to enumerate), did by the blessing of God performe all the surveyes whatsoever by him undertaken, punctually within the time allowed him by his contract.
2dly. That your petitioner hath been putt, contrary to and over and above the intention and meaning of his articles, to performe the whole subdivision by way of readmeasurement, according to a quota or proportion not pitcht uppon untill his instruments were wholly returned from the ffield, whereby he hath been forced generally to goe backe againe uppon much of the said lands to subdivide them, in some places two yeares after the downe admeasurement of the same, when the markes were worne out, the meersmen transplanted or otherwise removed, when the surveyors who first admeasured them were some of them dead, and others dispersed or otherwise imployed. And that hee, your petitioner, hath allways been ready to give satisfaction to the army, by furnishing them with surveyors for that purpose, not only to particular regiments, but allsoe to particular troopes and companyes, and even many times to particular persons, att such times as they demanded the same, though in a stragling and confused manner, and hath taken much paines in asisting them to regulate their agreements concerning the said subdivisions. All which, hee humbly conceiveth, he was noe way obliged unto, neither by the letter or equity of his contract. And your petitioner further offereth, that whatever part of the said subdivision may happen at this time to remaine undone, as the same is inconsiderable in itselfe, soe it hath been caused only by the neglect of the persons concerned, and not through any default of your petitioner, even allthough he had been obliged to performe the same, which he humbly conceiveth, as aforesaid, he is not; and withall, that the not doeing the said remainders of subdivision is not one penny profitt to your petitioner.
3dly. That your petitioner hath, for above thirteene months after the first tender and exhibition of his worke as compleat and perfect, been under a perpetuall examination and scrutiny, having been sometimes referred to committees of the Councill, sometimes to officers of the army, sometimes to artists, sometimes to the Surveyor-Generall and such others as he did appoint, sometimes to the auditors of the Exchequer, and oftentimes forward and backeward betweene them; and lastly to the Atturney-Generall, who, having not been conversant with the said business, hath most scrupulously repeated and reinquired into all the former transactions and examinations, and hath, according to law and equity, considered of the contract and all other proceedings betweene your Lordshipps and the petitioner. Uppon all which your petitioner doeth hope that, without any kind of further scruple or delay, he ought to be discharged of the said contract and bond, according to the opinion and advice of the said Atturney-Generall.
But, to the end that your Lordshipps may doe nothing in the case of your petitioner without most intire and absolute satisfaction, and soe as may allsoe make for the creditt and reputation of your petitioner in his discharge, hee further humbly offereth to your Lordshipps the ensueing considerations and reasons for the said discharge to bee forthwith given him, vizt:
1st. If your petitioner were not to bee discharged about the third of March last, which is twelve moneths after the first tender of his worke, and putting the same into a way of examination, then there remaines noe other rule where uppon to ground the time of his discharge; for if your Lordshipps thinks fitt to commence it from any one of the times of the three generall assignements of lands, as either from September, 1655, or July, 1656, or November, 1656, then according to the greatest assignment, which was that of 1655, your petitioner ought long since to have been discharged; or if in July, 1656, which may bee considered as the meane beetweene two extreames, then he ought to be discharged in July next. But if your Lordshipps should make the latter distribution, vizt, that of November, to bee the rule of the whole, then, uppon the same account, your petitioner may be obliged twelve moneths even after the straggling debenturers yett unsatisfyed shall have lands assigned for their satisfaction, the time whereof is wholly uncertaine and undetermined, neither have all the debenturers yett to be satisfyed as yett appeared, whereby the time of your petitioners discharge would become wholly indefinite and impossible. Nor doth any of those three rules agree with the letter, or equity, or meaning of the contract, neither of them being grounded either uppon subdivisions literally or uppon possession legally understood, but uppon the time of the bare unvouched and alterable assignements only, which your petitioner had noe power as a surveyor to hasten or hinder, having been, as a surveyor, ready for the whole sixmonths before the first was made.
2dly. If your Lordshipps shall thinke fitt to commence the twelvemoneths of aprobation from the time the comissioners received their commission for setting out of lands, the 1st whereof was the twentieth of May, the last the 7th of July, that computation dependeth only uppon discretion allsoe, having noe ground in the contract. Neither is it reasonable your petitioner should alone bee put to bear the inconveniences of the backwardness of the commissioners for stating accompts, in making up the great books of the debt, or uppon the variouse disputes that have happened among the officers of the army about the manner of distributions which have been prosecuted by them, each for their owne particular interest; nor of the oversights, mistakes, and ignorance of all such as have had any way to doe in this business, which manifestly would be, in case your petitioners twelve moneths of approbation should bee from the date of those commissions, which were not granted untill all those disputes and preparations (wherein your petitioner had nothing to doe) were first brought to a period. Wherefore your petitioner humbly conceiveth that, rationally, and according to the contract, the said time of probation ought to begin wholly from the time when the whole undertaking was exposed and oflfered to examination, which, as it hath been managed by your Lordshipps, the officers, Surveyor-Generall, auditors, the Atturney-Generall, &c., within doores, soe it might have been alsoe collaterally carried in the field by the five generall trustees of the army, constituted in May, 1655, who had authority and instructions from the army to make inspection into all such matters, and uppon whome your petitioner hath sevarall times called uppon for that purpose, vizt, that they would bring him licence from the Surveyor-Generall to shew them any of his returnes, that soe they might examine the same, which they having not done ought not to lye as a burthen uppon your petitioner only.
3dly. If the time of legall possession, as the meaning of 19th article, be insisted uppon, allthough it bee wholly out of your petitioners power to further or hinder the same, it being wholly in your Lordshipps, whose hands and scales only can make it, and in the partyes concerned to take it, your petitioner offers that it seemes more rationall that the word possession be interpreted to commence from the time when your Lordshipps, by your orders of the 20th and 24th of July, 1655, did assigne over into the hands of the afforesaid generall trustees all the forfeited lands applicable to their satisfaction, allowing them the rents and profitts of the same, according to which computation the time of your petitioners discharge is long since expired.
Soe that, according to the most genuine and most proper interpretations, your petitioner ought to have been discharged in March last; and according to many other of the more probable and discretionary interpretations, he ought to have been discharged long since; and that only, according to one interpretation only, which hath noe ground either in the contract or in the nature of the thing itselfe, his said discharge may bee deferred till about November next. He humbly hopeth that your Lordshipps will be rather guided by those interpretations which are most clear and numerouse, and which the Atturney-Generall, your Lordshipps councill, hath, on the behalfe of the Commonwealth, allowed of, then by that one construction which is the most defective of all others.
Moreover, your petitioner humbly conceiveth that matters of ambiguity ought, in honour and conscience, to be interpreted to his advantage, having been for these two yeares allwayes patient under the frequent irregularities and disorderly impositions of the army, and the exigence of publicke affaires, whereby your petitioners contract hath been often violated; whilst your petitioner, in the first of all the afforementioned difficultyes and intricases, hath not failed in a punctilio, and hath given far greater testimony of his performance then was ever heard of or mentioned in former undertakings of this nature; and hath managed the whole business, both of the survey and setting out lands, in a manner alone, without any just complaint or imputation: all exasperated and discontented persons, whether souldiers or surveyors, having not been able to make good any charge, neither against your petitioners personall actings, nor even against all that unruly multitude of instruments which he hath been forced to imploy.
Soe that your petitioner, having behaved himselfe as aforesaid, and consequently, as he humbly conceiveth, having in some measure deserved favour and indulgence, if not connivance at the lessor sort of ffailings, humbly desireth that he may at least have justice; and that the rumors of his gaine, which will not prove, all engagements cleared, above a third part what is noised abroad, may not incline your Lordshipps to unnecessary severity and strictness against him. To which purpose he humbly desires your Lordshipps to remember, that after his contract was signed and sealed, he offered to performe the same for one thousand pounds absolute reward; but was held to his contract by your Lordshipps, noe man being found at that time who, otherwise then in boasting and bravadoes, durst undertake this worke uppon cheaper terms. And your petitioner assureth your Lordshipps that, notwithstanding, by the great mercy of God, he hath run through his whole engagement; yet his advantage therby will not be more then many officers of the army have gotten in a moment, by the bare advantage of a lott, without any trouble or hazard whatsoever.
4thly. The discharge your petitioner desireth neither is nor can be any prejudice to your Lordshipps; ffor —
1st. In the first distributions in 1655, which is about nineteene moneths since; nor that of July, which is nine moneths since; nor in that last made in November, five moneths since, hath there appeared above three complaints, nor those satisfactorily proved, notwithstanding readmeasurements have been generally made since uppon all the lands att those three times distributed. From whence your Lordshipps may rationally collect, that there are not likely to appeare in any for ever hereafter; besides, one moneths time is enough for any examination of each mans particular lott, and att the last distribution in December, those that then tooke out their lands had notice to make all the exceptions they could against the survey, to the end that their orders of possession might bee thereby unalterable, as may appeare under the hands of many of the officers therein concerned. Neither will it bee safe for your Lordshipps to sign letters of possession, untill the foundation thereof (which is the survey) hath past its full examination and time of probation, which, if your Lordshipps doe not thinke is compleated, and your petitioner fitt to bee discharged, then the army must stay for their legall possession untill the same be soe compleated, and your petitioner discharged.
2dly. Itt is not for your Lordshipps advantage even to bind your petitioner, or to conceive yourselves obliged to take notice of such faults; for your Lordshipps shall hear only of the want of measure, but never of what is over, complaints of that kind having hitherto allwayes appeared to bee grounded uppon mistakes in the mearers, or uppon the partiallity of the surveyors which the complainants have employed. Now if your Lordshipps should condescend to send downe a surveyor to review the said complaint, itt is likely that, whether the same be right or wrong, the said surveyors, or his mearers, who possibly are tenants to the land, shall be wrought uppon to abuse your Lordshipps therein. Neither is it unjust in this case, where soe few faults have appeared, and those soe inconsiderable and uncertainly proved, that such complaint should be denyed to be repaired by your Lordshipps, since that parcell which happened to be a litle defective was given out by lott, and consequently might have as much exceeded the content for which it was given.
3dly. The reparation of such defects ought to be made out of such overplus as the complainant can find out, ffor then he that hath the overplus and hee that complains of defects will be better checques uppon one anothers resurveyes then any your Lordshipps can put over them.
Wherefore since your petitioner his being longer detained is neither advantage to your Lordshipps or the army, he humbly desireth that he may not be causlesly burthened therewith. It is not to save any charges for himselfe, nor to withdraw himselfe from the rectification of any thing that shall be amiss, that your petitioner desireth this discharge; ffor as he is bound for ever to the latter by his creditt and reputation, which he hath noe way hitherto been prodigall of, soe he hath others obliged unto himselfe for performance of the same; neither shall your petitioner be at a penny more charge whether faults bee amended or not, hee being at a certainty with his under workmen, as may appeare by their severall contracts.
Soe that the reasons wherefore your petitioner, in respect of himselfe, desireth this discharge, are these, vizt:
1st. That he may give satisfaction to the world, who now exspect this discharge, and unto whome he hath, by presumpton of his afforesaid right, promised it, and not render himselfe suspected of some secret miscarriage, for which the same should be denyed unto him.
2dly. That he may bee free to dispose of himselfe, his relations, and estate, which, beeing under bonds in the Exchequer, he is hindered to doe, the same much impairing his creditt and reputation in the world.
3dly. That he may give unto such as have been faithfull and industriouse under him such rewards and gratuityes as he hath promised unto them uppon his discharge, soe that such persons may not thinke your petitioner intends to cheat and delude them thereoff, they being no wayes able to comprehend why the discharge of your petitioner, and consequently their owne exspectations, should bee thus retarded.
4thly. That the under surveyors who stand bound to your petitioner may not become, through this long delay, insolvent as to their respective engagements, which they are likely to bee when they have received all their moneys, as they shortly must doe by their contracts, in case your petitioners discharge be deferred any long time after the time of their payment. But,
Lastly and cheifly, that your petitioner having given counter security to his suretyes to deliver them up their bonds by a day now near at hand, may not be exsposed to ruine by want thereoff, and lye at their mercy, who may both directly and indirectly much trouble your petitioner uppon the occasion of this nonperformance.
Moreover your petitioner desires your Lordshipps to understand that your petitioner beeing kept bound, especially, as he conceiveth, without cause, is not thereby made the more fitt to doe your Lordshipps service, but in a manner disabled thereunto, your petitioner being naturally unapt to act vigorously and cheerefully when hee findeth himselfe incumbred with needless cloggs or ffetters, and exsposed to the hazard of contingent revolutions, and to be sacrificed att the wills and lusts of such as have been exasperated, only to doe your Lordshipps service in a way of justice and uprightness.
Moreover, how can your Lordshipps exspect that your petitioner can act cheerefully uppon his present most difficult commissions of setting out lands, for which he hath noe knowledge what his reward shall bee, in case he findeth himselfe soe out of favour with your Lordshipps, or his services soe litle valued that he can not obtaine in reason and equity, and even according to the opinion of the Atturney-Generall afforesaid, and all indifferent persons, doth belong unto him, which is his present discharge.
If, notwithstanding all that have been said, itt appeare necessary, for any private reasons best knowne to your Lordshipps, that your petitioner or others ought to stand bound for a longer time, your petitioner propoundeth that hee may have his present bonds, according to his right, to satisfye his suretyes, and for the other ends afore mentioned; and thereuppon he offereth to enter into new bonds, and to give new security, according to the nature of the reasons for which your Lordshipps doe desire the same; and uppon this accompt he propoundeth to stand bound for one year or three yeares, or seven yeares, nay, for twenty yeares, as your Lordshipps shall thinke fitt, to make good all manner of exceptions that shall happen concerning his survey within the same termes respectively, provided that a reasonable premium or consideration may be given him for his extraordinary insurance.
Or, lastly, if your petitioner may have his owne bonds forthwith, that soe he may be free to dispose of himselfe and of his estate, and particularly for the redemption of some mortgages, according to what your Lordshipps were pleased to grant him uppon a late petition, hee will offer an exspedient how any complaint which shall appeare within three or four moneths yett to come shall be answered without any further trouble or charge to your Lordshipps. In June following, when the army had been above six moneths in posession of their lands, uppon a kind of essay and draught only, having noe authentique warrant or order for their holdings, and when it was tould them that such warrants could not be granted but uppon authentick surveys, remaining as publicke records in the Court of Exchequer, whither it was not safe for Dr William Petty to send them untill hee had his discharge concerning them, the army, being convinced of the reasonableness thereoff, present the following petition:
to his highness the lord protectors councill for the affaires of ireland.
The humble Petition of the Officers, Agents, and others concerned in the Lands sett forth for Satisfaction of the Army,
Sheweth,
That your petitioners, without certificats under two of your Lordshipps hands and seales, exspressing the names and quantityes of the severall parcells of land sett out unto them, can not by the Act of Parliament be in possession thereoff, nor consequently legally set the same, nor sue or implead any who, uppon frivolous pretence, shall keep them out of possession, or deny their rents.
That your Lordshipps cannot make the said certificate, as to the number of acres contained in each parcell, without, even by your Lordshipps said act, allowing Dr Pettyes survey of the same; nor can the Commissioners for setting out lands give in any certificates as to the said contents untill the said Dr Petty have first vouched: the survey being the foundation of all the rest.
And lastly, the said Dr alleadgeth that he ought to receive his discharge from his bonds and contract relating to the said survey, when he voucheth the same as afforesaid; which your petitioners allsoe thinking reasonable, doe humbly desire your Lordshipps to grant unto him accordingly, provided that thereby your petitioners be not excluded from such reprizalls, or just satisfaction, as is due according to the acts and ordinances of Parliament.
| Har. Waller. Cha. Coote. Chudley Coot. Henry Pritty. Hen. Ingoldsby. Tho. Long. Hen. Jones. Jo. Read. Wm. Warden. Art. Purefoy. Jo. Cambell. Abell Warren. |
Rob. Barrow. Ed. Roberts. James Standish. Ra. King. Symon Ffinch. Ric. Stephens. Geo. Wilton. Tho. Sheapheard. Ja. Stopford. Oliv. St. George. Geo. Ingoldsby. Rob. Preston. |
| Alex. Staples. Wm Shaw. Jon. Ponsonby. Jo. Bennett. Jo. Thompson. Cha. Duke. Ja. Leigh. |
Jo. Mansell. Jo. Ffreind. Jo. Ffranke. Edw. Warren. An. Yardley. Tobias Peaker. Ja. Russell. |
| Edw. Warrington. | |
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
The Councill taking into consideration a late petition presented unto this board by the officers, agents, and others concerned in the lands sett forth for satisfaction of the army, representing unto this board that without a certificate under two of the Councells hands and scales, exspresseing the names and quantities of the severall parcells sett out unto them, they can not legally be deemed in possession, and that such certificates can not be made without allowing Dr Pettyes survey, nor can the commissioners for setting out lands to the army give any certificate as to the contents untill the said Dr have vouched the surveyes, the same being the ground work to all the rest; and the said Dr alledging that, before he vouched the same, he ought to have his bond and contract discharged, and thereuppon praying that the same may be granted him, provided thereby the petitioners bee not secluded from such reprizalls or just satisfaction as are due by the Acts and ordinances of Parliament; and whereas the Surveyor-Generall or his deputy is, by order of this board bearing date with these presents, required to receive and give certificat under either of their hands and seales for receipt into the said Surveyors-Generalls office of the particular plotts, and bookes of reference unto them belonging, of all the forfeited and other lands admeasured by Dr William Petty within the barronyes and countyes mentioned in the first of the articles made betweene him the said Dr Petty and the said Surveyor-Generall on behalfe of the State, dated the 11th of December, 1654; and whereas the Councill have considered of a former order of this board, dated the 15th of Aprill last, declaring that the Councill was well satisfyed with the said Drs ingenuity and industry in managing the worke of survey suitable to his trust and undertaking, noe errour or imperfection then appearing to them therein; and likewise of the twelvth article of the agreement before mentioned, whereby the said Doctor did covenant and engage to give in sufficient security for ffour thousand pounds, by bond or otherwise, for the true and full performance of all and every the said articles, which was accordingly done: it is uppon the whole thought fitt, and hereby ordered, that uppon the said Drs producing the certificat before mentioned unto the Chancellour and Cheif Baron of His Highness Court of Exchequer in Ireland, that then the said bond bee delivered up to the said Doctor to bee cancelled, and for soe doeing this shall be a sufficient warrant. Dated at the Councill chamber in Dublyn, the seaventeenth day of June, 1657.
Tho. Herbert, Clerke of the Councill.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Ordered,
That the Surveyor-Generall or his deputy doe receive from Dr William Petty, and certifie under their hands and seales, their receipt into the Surveyor-Generalls office of the particular plotts and bookes of reference unto them belonging, fairely engrossed, of all the forfeited and other lands by him admeasured in the barronyes and countyes mentioned in the first of the articles made betweene him, the said Doctor, and the said Surveyor-Generall on the behalfe of the State, bearing date the 11th of December, 1654. Dated at the Councill chamber in Dublyn, the 17th of June, 1657.
Tho. Herbert, Clerke of the Councille.
In pursuance of an order of His Highness Councell for the affaires of Ireland, dated the 15th of June, 1657, commanding the Surveyor-Generall or his deputy to receive from Dr William Petty, and to give certificat under either of their hands and seales for receipt into the said Surveyor-Generalls office of the particular plotts and bookes of reference unto them belonging, fairely engrossed, of all the forfeited and other lands by him admeasured in the barronyes and countyes mentioned in the first of the articles made betweene him, the said Dr, on the behalfe of the State, dated the eleventh of December, 1654, I doe hereby certifie under my hand and seale to have received particular plotts, with bookes of reference belonging to the said plotts respectively, fairly engrossed and bound up, of all the forfeited lands, both profitable and unprofitable, within the barronyes of the ten halfe countyes appointed by lott for the satisfaction of the arreares of the officers and souldiers in Ireland, mentioned in the late Act for satisfaction of the adventurers, officers, and souldiers, of the 26th of September, 1653, and allsoe within any the countyes of Wexford, Wicklow, Kilkenny, Kerrey, Longford, Cork, Kildare, Tyrone, London Derrey, and Donnegall, appointed as additionall satisfaction for the arreares of the said souldiers, as allsoe the forfeited lands in the countyes of Dublyn, Catherlogh, and the then remaining part of Corke, together with the crowne lands and lands heretofore belonging to any archbishopp, bishopp, deane, deane and chapter, or any other officer appertaining to the hierarchy, in the right of his or their office, which are lying in any of the afforesaid barronyes and counties, being all the lands mentioned in the said first article. In wittness whereof I have hereunto sett my hand and seale, the 24th of June, 1657.
Cha. Gough, Deputy Surveyor-Generall.
Wittnesses to the signing, sealing,
and delivery hereoff,
Wm. Trevis.
Geo. Bates.
All books, being with the respective mapps well drawne and adorned, being fairly engrossed, bound up, indexed, and distinguished, were placed into a noble repository of carved worke, and soe delivered into the Exchequer; and uppon a motion made the 18th of December the Surveyor-Generall brought the contract into the Councill, where the same was mutually delivered up and cancelled in full Councill, and the following order made:
By the Lord Deputy and Councill.
Ordered,
That Collonell Thomas Herbert, Clerke of the Councill, doe examine the originall articles of agreement made betweene Dr William Petty and Benjamin Worsley, Esq., Surveyor-Generall, on behalfe of the State, concerning the said Doctors admeasurement of the forfeited lands assignable for the satisfaction of the army, and this day, by order of the board, delivered up, with the entry made in the Councills bookes; and, finding the same right entered, he is thereuppon to cancell the said articles, that the said Dr may bee fully discharged thereoff. Councill chamber, Dublyn, the 18th of December, 1657.
Tho. Herbert, Clerke of the Councill.