History of the Down Survey (Petty 1851)/14

by William Petty

 

CHAPTER XIV.

 

THE survey being thus sett forth and described in itts beginning, proceeding, and finishing, the next service and suffering of D^r Petty was in the distribution and setting forth of the lands soe by him admeasured, the which therefore is next to bee described, at least soe farr forth as relates to this purpose, for to doe the same perfectly would require a treatise by it selfe, which probably may in due time allsoe be published.

In order to this description it is to bee noted, that in the year 1653 the fforces then disbanded did receive their lands all at enhanced rates, yett soe regulated as that all had, as neer as could be guessed, equall satisfaction, in soe much that, to calculate the quota pars or proportion which they were satisfyed, regard must be had to the whole party as one man, considering only what proportion the Act rates of the whole land then sett forth beares to the enhanced rates of the same, viz^t, whether ⁵⁄₈, ²⁄₃, ⁵⁄₇, &c., not saying that those in Lowth have but halfe, and those of Longford have their whole, and the like.

The persons then disbanded, by vertue of the generall resolves of the army made in November, 1653, claime right to a further satisfaction equall to the rest of the army now henceforth to bee satisfyed, the doing whereoff is recommended in the commission of the 17^th of July hereafter inserted.

 

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

Whereas, for the equall dividing and subdividing of the forfeited lands in the barronyes within the moytie of the ten countyes appropriated to the officers and souldiers within the provinces of Leinster, Munster, and Ullster, it is provided by Act of Parliament bearing date the 26^th 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, and of other Publicke Debts, and for the Encouragement of Protestants to plant and inhabit Ireland, that the then comittee of Parliament, which power is since devolved uppon the Councill, or such as they shall appoint, are fully impowered and authorized to distribute and sett forth unto the said officers and souldiers, answerable to their respective arreares, their severall proportions of lands, by lott or mutuall agreements, amongst the said officers and souldiers, in pursuance of the said authority, and of the further power and trust committed unto us by his Highness the Lord Protector, itt is ordered and declared that Vincent Gookin, William Petty, and Miles Symner, Esqrs., or any two or more of them, be and they are hereby appointed commissioners for the equall distributing and setting forth to the officers and souldiers all the afforesaid forfeited lands, in satisfaction of the arreares due unto them for service in Ireland since the 6^th of June, 1649, and for their English arreares due before the said 6^th of June, 1649. According to the rules and directions given by the said Act, in the doeing of which the said Vincent Gookin, William Petty, and Miles Symner, are to take care and provide that due satisfaction bee from time to time 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 thereunto; as likewise for the answering the promise and engagement made with the disbanded officers and souldiers, in 1653, by the generall councill of the army. And what the said Vincent Gookin, William Petty, and Miles Symner, or any two or more of them, shall doe or act, in pursuance of this commission, they are from time to time to certifie to this board, in writeing, to the intent that such further proceedings may bee had thereuppon as shall satisfie the ends of the said Act. Dated at the Councill chamber, the 7^th of July, 1656.

Tho. Herbert, Clerke of the Councill.

 

Itt is allsoe to bee noted, that the yett unsatisfyed part of the army, as by their adress to the Councill of the 13^th of July, 1655, may appeare, would have the said disbanded men looked uppon as sufficiently paid; among other reasons, for that they had their arreares for service before 1649 paid unto them, which themselves were not to have, which difference is allsoe to bee noted.

The barronyes appointed to the said disbanded hapened to bee sett out in such an imperfect manner, and the trust thereoff soe far committed to the persons concerned themselves, that noe particular accompt of what was then done did ever appeare as a light to what was further to bee done.

There was another party, viz^t, about sixty troopes and companyes, satisfyed, anno 1655, according to their full allowance, who left many scrapps and pieces of barronyes, the which were allsoe but imperfectly sett downe, though much better then those aforementioned, because those of 1655 had the true contents and scituations of each parcell before them for their directions, which those of 1653 had not.

The courts for adjudication of Protestants claimes, the proofe of Papists constant good affection, and an authority for making compositions, as allsoe commissioners for stating new debentures, were att this time all and every of them acting respectively.

The six trustees of the army, authorized by an above mentioned commission, dated the 20^th of May, 1656, consisting of three persons unconcerned in arreares, and of three active agents (viz^t), one for each province, were not able to compose the differences arising amongst the officers, especially concerning the disposure of Kerrey, insoemuch as the last mentioned commission, dated the 7^th of July, issueth to the three unconcerned persons only therein mentioned.

Now it followes from the premisses, that the said three commissioners were —

1st. To give equall and proportionable satisfaction to all the unsatisfyed part of the army; and that, according to the severall resolves and rates of generall councills, viz^t, those of November, 1653, Aprill, 1654, and July, 1655, and according to severall speciall orders of the Councill, and the severall provinciall, particular, and subparticular agreements made betweene and relating to the severall persons concerned respectively, the resolves of the two former of these councills are extant in print, and the latter sett downe in the [IX.] chapter of this treatise.

2dly. To dispose of the course lands of Kerrey in the most satisfactory way, and not repugnant to the above mentioned resolves and particular agreement, and withall to take care both for the preventing the necessity of reprizalls, and for making of exchanges in reparation, where such accidents required them; and lastly, to give satisfaction in all just complaints uppon shortness of measure, unprofitable land imposed as profitable.

This being the worke to bee done, itt followes next to be declared by what generall operations the same was to bee effected, considering the ragged condition that this affaire was in by reason of the preceeding irregular, imperfect, and indeed obscure actings, anno 1653 and 1655, and of the other uncertainties of debt and creditt, as allsoe of the clashing interests above mentioned, the which generall operations were these following:

1st. Reducing all the troopes and companyes of the army into such divisions as they stood in anno 1654, when they cast their lotts, which an establishment made since that time had disordered.

2dly. In pitching such a quota pars or proportion, wherein to satisfie the said army, as might consist with the commissioners obligation as to the further satisfaction of those disbanded anno 1653; and allsoe as to such reprizalls as might happen on past or future satisfaction.

3dly. In associating debentures duely, that is, in placing such and such together as might best answer the rules of the afforementioned Councill, Aprill, 1654, with such few exceptions as invincible necessity required; as allsoe in making out lands for the grand divisions, especially those of Munster, with due reservations, as above required.

 

To his Highness the Lord Protectors Councill for the Affaires of Ireland.

May it please your Lordshipps:

Whereas there are dayly applications to us, by severall persons who pretend a desire to plant, if they might be accommodated by a proportion of land convenient thereunto, by joyning of severall small debentures together, though of severall regiments, which thing wee are doubtfull wee have noe power to doe, by reason of some resolves formerly made by the generall councill; yett in regard the doeing of the same will not tend to the damage of any person or lott, but would much tend to the preservation of many poor people from ruine, whose whole estates is therein concerned, and allsoe to the planting of Ireland, wee humbly conceive it were a worke of charity and publicke advantage for your Lordshipps to give a rule herein; all which wee humbly submitt, &c. Dated at the Castle of Dublyn, the 25^th of June, 1656.

Signed in the name and by order of the commissioners,
An. Morgan.

4thly. In ascertaining what lands were disposeable, in pursuance of all Acts of Parliament, and of the ensueing order of the Councill, as allsoe of the practise of the preceeding yeare, 1655, and right reason, with the rules of distinguishing and neating the said disposeable land from such as were not; moreover, in the deriving of warrant for every thing that was done therein from the most authentique ground extant, as allsoe in executing the said business by meanes not lyeable to any deceit or injury; and lastly, in the manner of disposing afterwards the lands then withdrawne as indisposeable.

 

By the Lord Deputy and Councill.

Whereas a doubt hath been propounded by the Surveyor-Generall, concerning the giving possession of severall lands admeasured and returned, both in the barronyes belonging to the adventurers and souldiers, by reason that some are, by orders from this board, suspended from being disposed or sett out to any untill further pleasure; by reason allsoe that others, allthough decreed away by the court for adjudicature of claimes, are only mentioned at large in the county, without specifying the barrony where the said lands doe lye: uppon consideration had thereoff, as likewise that titles for many lands are still depending before the courts of his Highness Exchequer, itt is held adviseable by the said Councill, and accordingly ordered, that in all such barronyes, whether belonging to the adventurers or souldiers, where the said Surveyor-Generall shall find any lands doubtfull or incumbred as afforesaid, and shall have noe sufficient ground before him whereby to judge whether the said lands bee certainly forfeited or not, the said Surveyor-Generall, for the better preventing of all disorders and inconveniencies that might otherwise happen, both to proprietors and to the said adventurers and souldiers, is in all such cases required and authorized to respit the said lands from beeing disposed of, whereof both the said Surveyor-Generall and all others concerned are to take notice. Dublyn Castle, 17^th of January, 1655.

Tho. Herbert, Clerke of the Councill.

 

5thly, In bringing all the said disposeable lands into such files of contiguity or strings of succession as might render the armyes former proceedings a true and genuine lottery indeed, which tis certaine was never soe before.

6thly. In setting rates uppon the lands soe ranged into strings, in order whereunto was the following resolve made about odd roots and perches:

 

The 24^th of July, 1656.

M^d. The officers of the army, having mett, agreed that all advancements and abatements made uppon the rates of lands, over and above the Act rates, be made by even groates, for the more easie and just casting up of debentures, viz^t, by adding 16^li 13^s 4^d, or 33^li 6^s 8^d to the respective fifty pounds whereof the equalized rates doe consist. That proportions of lands, consisting of odd roods and perches, bee esteemed for whole or halfe acres.

6thly. In the due placing of loose debentures, viz^t, such as were not brought in by the agents with the body of the debentures belonging to each troop or company.

8thly. In disposing and managing of lottery it selfe, and the manner of giving of the agents satisfaction, that the said association of debentures, neating, stringing, and rating of the respective lands, as allsoe the casting of lotts, was well and uprightly managed, as by the following order may appeare:

 

By the Commissioners for setting forth Lands to the Army.

The agents of the westerne division of Leinster, in order to an examination of what had been done and propounded by the said Commissioners, concerning the truth of the order of the succession of their barronies, and of the injury they conceive they have received from the said Commissioners, touching the rating of the said barronies, doe desire the neat content of every barrony supposed to be within their lott, and allsoe the debt of every regiment, troope, and company comprehended within the same, itt is ordered that the neat bookes of the said lands, with the mapps of each of the barronyes, the booke of the doubtfull lands within the limitts of their security, together with the lists of the said debt, and of the affixed loose debentures of each regiment respectively, to bee delivered into the particular care and charge of Captain Edward Warren, whom Thomas Taylor is to attend uppon the said examinations; and that the severall books and papers above mentioned bee delivered to the said Captain with all speed. Dated the 6^th of December, 1656.

M^d. This order was entered into the Commissioners booke at the request of the above mentioned agents, and executed accordingly.

9thly. In the manner of repairing shortness of measure and damageable mistakes as to the quality, when any man complained his land wanted measure, ffor as much as it was not easie to know whether there was such a fault or noe, nor whether the same was in the mearesmen or measurers; moreover itt was hard to send forth such a new measurer as might not either bee abused by such meeresmen as might be putt uppon him, or tempted by the party complaining, the State having noe security on their parts; and lastly, fforasmuch as it was easily conceived that, as there might bee faults of shortness, soe there might bee others of the contrary kind, of which the State should never heare; itt was therefore thought fitt to give the complainant leave to admeasure any mans allottment, within a certaine scope, where he suspected an overplus, the which if he thought he had found, he was then to goe to the owner of that overplus, and with him to agree uppon some such surveyor whome they could both trust, the which might measure both the supposed overplus of the one, and the supposed defect of the other; itt being ordered that, in case the said indifferent surveyor did find but the overplus and the defect complained of to bee reall, that reparation should be made the one out of the other.

In the like manner, as to unprofitable lands, if, for example, in a parcell of five hundred acres, whereof but one hundred acres was returned unprofitable, complaint was made that there was really two hundred acres such, and perhapps one hundred acres more of very course land, and such as can but barely bee accompted profitable, itt was thought fit, in this case, to suspend the one hundred acres in dispute, and to give the party complaining one hundred acres for it, as the worst of his profitable was, not admitting him to a new lott or possibility to have, instead of his one hundred acres of disputable, another one hundred acres better than the very best of his whole allottment.

10thly. In making out exchanges and reprizalls, according to the great variety of cases hapening thereuppon.

11thly. In preventing the collusion and abuses offered to the State uppon these occasions.

12thly. In answering the Councill's speciall orders, as to the dispose of scraps and remnants, and of the variouse considerations which the said Councill had in the liberty they then used, and when they conceived any further lottery was as well prejudiciall as impracticable.

All which severall operations, with the appurtenances unto them, were, after the body of the army was accordingly satisfyed, presented to the Councill, as a kind of an accompt of that affaire, and in order to receive their further directions thereuppon in the following paper:

 

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

The Accompt of all Proceedings relateing to the setting forth Lands for Satisfaction of the Armyes Arreares may bee comprehended under the following Particulars, viz^t:

A narrative of all orders which have been issued from the Councill to committees, the proceedings of severall assemblies of the officers of the army and regimentall agents, and particularly those of November, 1653, and Aprill, 1654, with the severall disbandings which have been made in the yeares 1653 and 1655, and the severall conditions allowed them, as allsoe of the severall surveyes and other representations of the debt and creditt of the army, which have, from time to time been made, from the beginning untill the first commission of the trustees in May last.

2dly. Of the manner and motives of granting the said commission, with a report and narrative of all proceedings thereuppon, viz^t, untill another the present commission gave a supersedeas to the former.

[3rdly.] Of our procedings uppon your present commission uppon the provinciall divisions of the whole land, and unto the first subdivisions thereoff, dividing the whole into six grand lotts, according to the method of the generall Councill of Aprill, 1654, which is just soe farr as was proceeded on the first commission, though in a different way.

4thly. Of the severall differences betweene both the said proceedings and of the reasons thereoff.

5thly. Of our proceedings to a further subdivision of the province of Munster, from three grand lotts downe to troopes and companies, and other small proportions occasionally hapening; the accompt whereof will consist of two generall members, viz^t, that of the debt or debentures, and that of the creditt or lands.

 

The accompt of the debt will bee in setting forth:

1st. That there appeared many and variouse cases and qualifications of debentures, ariseing from the manner of their service, as before or since 1649, in England or Ireland, the time of the disbanding, either in 1653 or 1655, by generall or particular orders, as allsoe the time of taking out the said debentures, the time and manner of presenting them to satisfaction, either by agents or themselves, with their qualifications, as belonging to widows or orphans; counterfeit debentures; second debentures, in lieu of the first lost or mislaid; and, lastly, the severall rules sett downe by the generall Councill for affixing of loose debentures to certaine places for satisfaction, and joining into one lott many debentures properly belonging to several lotts, with the courses and rules wee have followed to satisfie each, according to their respective rights, or as neer as might be, with the reasons of the few deviations which have happened.

2dly. In setting forth how wee came to pitch uppon the quota or proportion of ⁵⁄₇, by computing the whole originall debt, by stating the severall payments which have formerly beene made, by distinguishing the payments for service before 1649 from that of since 1649, by computing the debt of each regiment as itt stood in the Commissioners for stating of Accompts their books, and in the lists sent up by the respective agents, as allsoe in the estimate whereuppon the lotts were cast, anno 1654, and, as the result of all, by pitching uppon what wee judged nearest the truth, with the considerations of unstated debentures and English arreares; and by comparing the debt soe found by the content of the lands, both cleare and doubtfull promiscuously, as they were returned uppon the survey, and given in charge to bee admeasured.

3dly. In declaring how wee provided lands to compleat the satisfaction of such as were disbanded in 1653, viz^t, how wee found out the proportion and quantity thereof; why wee appointed that supplement to be made out of Munster; and why, in Munster, out of Kerrey; and in Kerrey, why out of the course barronyes thereoff, lying together; with the reason of the rates which wee sett uppon them.

 

The accompt of the creditt lyes much in shewing —

1st. How wee made provision against reprizalls arising from the dubiouse title of any of the lands returned, or any kind of incumbrances or charge uppon them, which wee did by making of neat bookes, under severall columes, of distinguishment of the cleare from the incumbred; and particularly, why we have sett out the barony of Carey, untill further order bee given therein.

2dly. How wee have provided for reprizalls for land which shall bee found unprofitable, with some rules and cautions concerning such reprizalls.

3dly. How wee have concluded uppon the reprizalls which may be claimed uppon pretended want of measure, with some provisoes allsoe thereuppon.

4thly. What provision need bee made for reprizing of small parcells of Protestant land, church land, and undistinguished for want of meares.

[5thly]. And lastly, how a generall provision for all the said cases may bee made out of dubiouse lands withheld from disposure.

The accompt of this whole affaire consists allsoe in shewing how,

6thly. In setting out the ⁵⁄₇ aforesaid to the three Munster lotts, wee repaired and pieced up the defects in each of their originall securityes, out of Kerrey, and in what proportions; how and by what rule wee equalized and pitched the rates; what exspedient wee used, by consent of the officers, for speedy and easy calculation; how wee followed the lotts and mutuall agreements of the parties concerned; how wee have determined in what precise spott even the smallest debenture is to bee satisfyed, by certaine lists of contiguities, both running parralell to each other, both as to the parcells of lands and debentures likewise.

7thly. In the particular accompt of the present and former distribution and rating of the severall barronyes and parishes in Kerrey, with digression to some proceedings at the last disbanding.

8thly. How wee answered the particular orders of references comming from the Councill; what accompts wee kept of reprizalls, resumptions, resignations, and the security wee tooke against fraudulent practizes incident on these occasions; and how wee decided all matters of indifferency by lott only.

9thly. Of the reasons why ⁵⁄₇ can not soe well bee satisfyed in Leinster and Ullster as in Munster; how much, or in what quota or proportion wee may satisfie there; how wee may compleate itt to ⁵⁄₇, with the consequences thereoff.

Considerations concerning the quota, viz^t, of adheering to the ⁵⁄₇ or striking it downe, with the manner thereoff, which arise from an estimate of debentures yet abroad, and lands withheld from disposure as dubiouse, with the small remnant of lands lyeing in the severall places and intervalls.

10thly. The accompt of this whole worke will allsoe lye

In the severall bookes, tables, and accompts which wee have made and fitted up since our present comission, received about the 10^th of July last, according to the ensueing lists of them, viz^t:

1st. Besides the originall bookes of survey, which have been severall times turned over, there hath been made by us certaine neat books, as large and voluminous as the said books of surveyes, containing the number of reference, proprietors names, lands names, number of acres profitable and unprofitable, each in a distinct and proper colume; together with the columes for decrees of the court of claimes, private grants, orders of suspensions, doubts of the civill surveys, former disposurers, with the respective rates of each land, and to whome disposed; and lastly, a colume of such lands as wee judge absolutely cleare and fitt to bee sett forth.

2dly. Wee are compleating the bookes of all the debentures that ever were stated till the eighteenth of December, 1655, by examining by them every debenture wee admitt to satisfaction; as allsoe all the debentures formerly satisfyed in the yeares 1653 and 1655, to see that none are conterfeit, or twice satisfied, or mistaken.

3dly. Wee have reviewed the books and returnes of all satisfaction made in the said yeares of 1653 and 1655; have examined them with the forementioned grand books of debt and creditt, and have made abstracts of them, and viewed many of the debentures themselves.

4thly. Wee have particular bookes of all lands whereuppon any decree hath past out of any court, with notes referring to the colume thereoff in the grand neat bookes.

5thly. The like booke and references for suspensions.

6thly. The like for private grants.

7thly. The like for lands doubtfull by the civill survey.

8thly. The like for such lands as were never given to bee admeasured, wherein it is, nevertheless, likely that the State hath some interest more or less.

9thly. Wee have made particular collections of all private admeasurements, besides the generall performed by D^r Petty.

10thly. Distinct bookes of all the neat land by themselves, filed into lists of contiguitie, and standing in the same order wherein they must bee sett forth.

11thly. Large bookes of all debentures admitted to satisfaction, reduced into particular lists, and standing in the same order wherein they must bee satisfyed.

12thly. A large booke of all loose debentures received by ourselves, and afterwards applyed to their proper places of satisfaction.

13thly. A booke of all reprizalls and resumptions which have been made during our employment.

All which wee hope will containe a compleat and regular accompt of this great affaire.

The exsplanations of which papers and the aforementioned operations would require a treatise of itselfe, as afforesaid.

Now when the province of Munster was satisfyed, according to the above contrivances, there happened in the time of performing that business to be soe many new debentures stated, soe many claimes allowed, &c., as endangered the making good of the quota of ⁵⁄₇ unto the Leinster and Ullster forces, which had been given to those of Munster; the which, with other accidents, caused the following queries to bee presented by the commissioners to the Councill.

 

Queries humbly offered to his Highness Councill.

Whether wee shall proceed any further without the agents, viz^t, as to the quota, as to determine whether it shall be strucke downe frome ⁵⁄₇ to ²⁄₃, or lower; and whether wee shall admitt of more debentures.

2dly. If that ⁵⁄₇ bee mantained, how to peice up the defects of Leinster and Ullster, whose lands can not bee extended beyond two-thirds, even without consideration of absent debentures; and how to provide for reprizalls, in case what wee intend for that use bee applyed to maintaine the ⁵⁄₇.

3dly. To consider what stress is to be layd on Lowth, the surplusage of the adventurers; as allsoe on the dubiouse lands yett reserved, and how to dispose of those dubiouse lands to the best advantage of the army.

4thly. In case wee strike downe the quota, how to make retrenchments from those who have allready ⁵⁄₇ assigned them.

5thly. What shall be done with the barrony of Cary.

6thly. How the inhancements made last year on the rates of lands shall bee now applyd.

7thly. How agreements formerly made with the agents uppon wide estimate shall bee now put in practice, and interpreted or declined, if impracticable; and what to doe in omitted and overseen cases.

8thly. Whether to give out absolute orders of possession, before some convenient time has been given for all to complaine, if any seeming wrong by our proceedings has been done unto them.

9thly. About compleating the satisfaction of Major King and Major Ormsby, in Kerrey.

10thly. About casting lott for priority in case the agents bee not sent for.

11thly. Whether the orders of possession shall be given with condition relating to the satisfaction of such debentures as are not yet come in.

Unto which queries noe written answer was returned, but the commissioners referred to the agents of the army, who had leave to come up to Dublyn for that purpose, where being mett they made the following resolve, and had the coppy of all the dubiouse, incumbred, and withdrawne lands, at the same time delivered into their hands, with notes or marks referring to other books, shewing the reasons why each particular parcell respectively was withheld from their first distribution.

 

Att a Committee of Agents the 6^th of November, 1656.

That the agents of Leinster and Ullster doe agree to proceed to a lott for their satisfaction to morrow, att one of the clocke in the afternoon, according to such a quota as the neat lands of Leinster and Ullster will extend unto, and to accept of such of the dubiouse and concealed lands in the said provinces as will make up their satisfaction equall with the Munster lotts, to be taken att the same rates that neat lands in the said places shall bee sett out at; provided it bee left to the choice of the said agents, or any other authorized by the said divisions, either to prosecute the States title if they see cause, or otherwise to make application to authority for other satisfaction.

Cha. Coot. Dan. Abbott. Ffra. Gore. A. Warren. Tho. Barrington. Rob. Preston.

Rob. Phayre. Pet. Wallis. Jos. Deane. Ed. Warren. Jo. Galland. H. Hurd.

According to this agreement the said fforces received satisfaction at 12^s 3^d in the pound, and many of the agents assented unto the following rules in order to perfect the works, severall of them indeed dissenting, as apprehending ambuscadoes wrapt up in them.

 

Rules and Agreements concerning the present Proceedings of Setting out Lands to the Army, assented unto by us the respective Agents of the severall Regiments thereoff.

1st. That wee receive the proportion of lands according to the quota pars of 12^s 3^d in the pound, in part of satisfaction due unto each regiment, together with the loose debentures, as they have been thereunto affixed by the Commissioners for setting out lands, contained in a list or ffile of contiguitie, specifying the content of each towne land and part of towne lands within the said regimentall lott, and that wee doe allsoe receive therewith lists of the debentures belonging or affixed unto each troope and company within the said lott.

2dly. That the Commissioners bee desired, according unto the said list of each troope and companys debentures, to distribute the lands of the said regimentall lotts according to their owne rules and judgements, and the same to seale up and send unto us by or before the 21^th day of Ffebruary, to bee then in force, and conclusive to the severall persons concerned therein, unless wee shall before the said day make and conclude some other agreement authentically among ourselves, equivalent unto the said distribution of the said Commissioners.

3dly. That wee shall soon after the said day returne unto the said Commissioners, either our assent unto the distributions by them propounded and sent unto us, or else some other authentically agreed by our selves, together with what exceptions wee find touching anything relating to our lott, as allsoe our directions for the subdivideing or cutting of any parcells within our lott, to the end that such agreement may then bee concluded uppon, and such orders of possession accordingly may bee given forth unto us, as shall bee then thought fitt.

4thly. That, together with the receiving of our said orders of possession in manner aforesaid, wee doe deliver up our debentures, or some other equivalent satisfaction or acknowledgement for such lands as wee shall receive in part satisfaction of them, as shall bee thought most convenient and fitt, and for which we shall in the meanetime adress our selves to the Councill for the declaration of their pleasure touching this matter.

5thly. That the Councill bee desired to command the Commissioners, after such orders of possession given, to receive any complaint or desire of reprizall of any kind whatsoever, and to hear and consider of such reasons as shall bee offered thereuppon, but not actually to order or dispose of any thing therein, as to the giving away of any land uppon this accompt, untill the survey of the adventurers lands, and of the lands sett forth to the disbanded in 1653, with the county of Lowth, bee returned, to the end that noe private negotiations may hinder that right, which shall then, uppon the levelling and evening the accompt of all parties concerned, appeare to belong unto each man respectively. Dated this eighth day of December, 1656.

Rob. Phayre. Dan. Abbott.	Jo. Nelson. Wm. Meredith.
Hen. Johnson.

About six weeks being elapsed, the Commissioners for setting out lands present the following adresse to the Councill, together with the above incerted breife of their proceedings, viz^t:

 

To His Highnesse the Lord Protectors Counclllffor the Affaires of Ireland.

May it please your Lordshipps,

Having sett out lands unto every troope and company of the army, allowing unto some their full arreares, unto others 14^s 3^d in the pound, whereoff about 2^s 4^d is to bee satisfyed in Kerrey, and unto others but 12^s 3^d, who are to take 2^s more out of lands of dubiouse and incumbered titles, wee now make this our humble adresse unto your Lordshipps, for directions uppon the three following generall heads:

1st. About preference in the disposure of the few remaining lands.

2dly. About the manner of setting out the dubiouse lands afforementioned.

3dly. About the time and manner of giving letters of possession, and receiving in debentures for the same.

As to the first, viz^t, preference in the disposall of the remaining lands, wee humbly offer to your Lordshipps that the satisfactions yet to bee made are of the many severall kinds following, viz^t:

1st. Of such debentures as have as yett never been presented.

2dly. Such as, having received common satisfaction, doe demand, over and above the same, their full, by vertue of severall orders made by your Lordshipps about the disbanding in the year 1655.

3dly. Such as, being disbanded in 1653, were not then satisfyed, or at least not their arreares for before 1649, which have been but lately stated.

4thly. Such as were disbanded in 1653, have since been putt out of their lands by decrees, &c.

5thly. Such as, having had full satisfaction in the yeare 1655, are now putt out of their lotts uppon the like grounds, or out of part thereoff.

6thly. Such as are in likemanner disturbed out of what hath been assigned them this present yeare.

7thly. Such as have received short of their due proportions by accidentall mistakes in the rates, or in misreckoning, &c.

8thly. Such as pretend to have received unprofitable lands for profitable.

9thly. Such as may happen to pretend shortness of measure.

10thly. Widowes and orphants.

 

Soe that wee humbly desire to receive your Lordshipps pleasure in what order of preference, as to releife and satisfaction, the said severall cases shall bee putt, there being not now neer lands enough left to satisfie all that appeares, much less all that may; and consequently, which cases your Lordshipps thinks fitt to bee putt of for satisfaction, untill the surplusage of the adventurers proportions, and the contents of the county of Lowth, can bee knowne, and untill it shall bee possible to make a just accompt with such as received lands in the yeare 1653. And withall that your Lordshipps will now take into consideration what cases are properly reprizable in Kildare, and to provide for the valuation of incumbrances, according to the ordinance in that behalfe, and in what manner to sett out lands in that county.

 

As to the second generall head, viz^t the disposure of dubiouse lands, wee humbly acquaint your Lordshipps—

That the value of the said dubiouse lands appeares to be very variouse, not only in the common considerations of the province wherein they lye, their soyle, comodities, &c., but allsoe in this speciall respect of the nature of the incumbrances, and of the severall uncertainties in and about the title of them.

2dly. That some of the army are more able and active to discover and prosecute the severall frauds, collusions, and obscurities concerning these titles, then others.

3dly. That the said dubiouse lands doe, in matter of their scituation, lye perhapps very conveniently to some who, nevertheless, are not likely to make much advantage of them, by reason of their inability to discover and prosecute, as afforesaid.

4thly. That the quantity of these lands is very unequall and disproportionate, either unto the grand divisions, or unto the barrony, or unto the regimentall or other lotts whereunto they adjoine and belong; and that there will arise much controversy about the affixing and appropriating of them, either unto barronyes or lotts, as allsoe in making up equall satisfaction out of such unequall proportions.

5thly. That there hath often been offered discoveries of such lands as are suspected to bee forfeited, which never yet came under the cognizance of any of your Lordshipps ministers; soe that, uppon the whole matter, wee humbly submitt to your Lordshipps pleasures —

1st. Whether the said lands (whether they [bee] more or less incumbred) shall bee all sett out at the same rate, viz^t, at the rate that other clear lands are.

And soe whether the whole of them shall bee filed upp into strings of contiguitie, and lotts cast for them, as hath been done in other cases.

Or whether the 7^s 9^d remaining shall bee divided into three or more gales; and soe the more encumbred any lands is, that it bee bought with the latter gales of payment.

Or, if they may bee sett out at unequall rates, whether there shall bee a free and open boxing for them, indifferently, as whereby one that has received his cleer satisfaction in Munster may box for the dubiouse lands of Ullster.

And wee desire to receive directions whether, having once received the said land, the receivers of them, miscarreing in their suites, shall be admitted to a possibility of being reprized.

And what preference shall bee given to discoverers of land never yet under cognizance; as whether they shall have the satisfaction of any debt, reprizall, &c., due unto them out of such lands as they shall soe discover; and what caution, by bond or otherwise, is to be used, that, by such encouragements, proprietors of unforfeited lands bee not causelesly molested in their possessions.

 

As to the last head, concerning orders of possession, wee humbly offer that, in our poor opinions, none under your Lordshipps can by the Act give out certificats whereby the souldier shall bee deemed to bee in actuall or legall possession.

Wherefore wee humbly desire your Lordshipps to direct us a forme whereby wee shall certifie to your Lordshipps in order thereunto.

2dly. Wee humbly offer to your Lordshipps consideration that, by reason of the mistakes which wee have observed in some of the distributions made anno 1655, that the certificats given by those Commissioners bee compared by the now wholly perfected and examined survey, before your Lordshipps give them their finall orders of possession.

3dly. What security shall bee left unto the army for the unsatisfyed part of their debentures, as whether the debenture it selfe shall bee endorsed with the part satisfaction received, as allsoe a receipt taken by us for such lands as have been given out for the same or any other way.

4thly. What care and examination shall bee made uppon the severall commissions and letters of atturney given to agents or others for receiving satisfactions for their respective debts.

5thly. Whether any notice or accompt shall be taken of sales and alienations of debentures or lands made before absolute and legall possession.

6thly. Whether the Register-Generall for debentures, or his deputy, will not bee necessary to attend either the cancelling or indorsing of satisfyed debentures.

7thly. In case debentures, for satisfaction whereof lands have been allready assigned, shall not bee actually brought in at the time of receiving debentures and issueing certificats for the same, or within some other time to bee appointed, whether they may and shall bee postponed, and others admitted in their roomes.

Lastly, wee humbly desire that, having sett out the now remainder of disposeable lands, there may be a totall cessation of all claimes and further proceedings, untill wee can wholly perfect the severall accompts wee have to make, and untill the adventurers and disbanded in 1653 their lands bee returned by the surveyors.

All which wee leave to your Lordshipps wisdome.23^th January, 1656.

 

To part of of which adress they returne the following answer:

 

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

Whereas the Commissioners for setting forth lands to the army have, pursuant to their commission of the 7^th of July, 1656, as is certifyed by a paper produced under their hands, dated the 23^th of January last, and presented to this board, sett out land to every troope and company of the army, allowing unto some their full arreares, unto others fourteene shillings and three pence in the pound, whereoff about two shillings and four pence is to bee satisfied in Kerrey, and unto others but twelve shillings and three pence, who are to take two shillings more out of lands of dubiouse and incumbred titles. And having a remainder of land yet to dispose of, for the satisfaction not only of such debentures as whereoff noe part hath been yett satisfyed, but withall for repairing such defects as have happened, as well by reason of decrees, whereby all or any part of the lands assigned have been afterwards taken away, as by accidentall mistakes or miscasting, as by the said certificate doeth appeare.

The Councill, having taken the same into consideration, doe thinke fitt att present only to take notice of such of the said cases or particulars as are undernamed, viz^t, that of debentures wholly unsatisfyed, and the case of such others as are become satisfyed only in part, by reason of the decrees and of the accidentall mistakes and miscastings afforementioned; and for proportionable releife in those cases have thought fitt to give the following instructions:

That, in the first place, a due computation bee made of all and every barrony and part of barrony respectively, which have been sett out either in the year 1655 or in this present year 1656, and allsoe that are appointed to bee sett out for satisfaction of the forces disbanded in 1655, and the now standing army, and having thereuppon compared the severall and variouse values of them, at the equalization rates sett up by the respective agents, with the values of the same att the Act rates proper to each respective provinces, the said Commissioners are to take care that uppon the whole the State suffer noe prejudice by the said equalizations and depressions of the said Act rates, whereby having allsoe cleared what lands doe yett remaine to bee disposed of, over and above what was requisite to satisfie the whole debt hitherto admitted to satisfaction, in each province respectively, att the Act rates, and according to the respective quota pars or proportion of payment, the said commissioners are then to dispose of the said remainder as followeth, viz^t:

Ffirst. Having computed what defects of satisfaction as to the proportion of the standing army in Leinster and Ulster, and of the ⁵⁄₇ in Munster, have happened by reason of decrees, and have been authentically made out by or before the 20^th of this instant February, and likewise what debentures have been actually brought in and tendered to bee satisfyed by or before the said day, they are to divide the value of the remainder of lands abovementioned proportionably betweene the summe whereunto the said defects doe amount, and the totall summe of the unsatisfyed debentures, according to the proportion of the standing army.

2dly. They are to distribute the part apportioned to the reparation of the said defects proportionably according to each of the said defects, bee the same greater or less, and to pay the said unsatisfyed debentures according to such a proportion, not exceeding the proportion of the standing army, as the part allotted for the same will extend unto; but uppon discovery of any new security, as from Lowth or else where, they are to take care that all such as for the present have received nothing, or short of the proportion of the standing army, bee first made equall, before any further satisfaction above the said proportion of the army bee added unto such as have allready received soe much. Dated att the Councill chamber in Dublyn, the 4^th of February, 1656.

Tho. Herbert, Clerke of the Councill.

 

And uppon a new putting them in mind of the said former adresse, they issue the following order:

 

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

The Councill taking notice, by a late humble adress made unto them by the Commissioners for setting out lands to the army, that the said Commissioners have sett out lands unto every troope and company of the army, and, having allowed to some their full arreares, to others 14^s 3^d in the pound, whereoff about two shillings four pence is to bee satisfyed in Kerrey, and unto others but 12^s 3^d in the pound, and proposing that the other 2^s may bee assigned out of lands of dubiouse and incumbred titles, and desiring some directions in that or other cases, having duely considered thereoff, thinke fitt that the said Commissioners in their delivering out the remaining summe for compleating the quota or respective proportions of 14^s 3^d, for satisfaction of such debentures only as have been brought in to the said Commissioners or Register-Generall before the 20^th day of February last, doe, in their proceedings, as neer as possibly they can, keep strictly to the lotts, and observe the rules formerly given and practized in their distribution of the former part of the satisfaction assigned unto troopes and companyes, or to regiments, and not particular persons of the army; and wherein they are to take like care that what remaines to bee sett out as afforesaid bee as contiguouse as may bee to their present lotts.

As to that head concerning certificats from the Councill, whereby the souldiers respectively concerned may be deemed in legall possession, orders have been allready issued in that case, requiring the Atturney-Generall to peruse the Acts and ordinances, and accordingly to prepare a forme of a certificate to bee presented unto this board; and for the more satisfactory and speedier preparing thereoff, itt is thought fitt that Sir Charles Coot, Sir Hardress Waller, Collonell Lawrence, and the said Commissioners, doe advise with the Atturney-Generall concerning the same.

To the second, proposing that, by reason of mistakes observed by the said Commissioners in some of the distributions made in 1655, the certificates given by those Commissioners may bee compared by the surveys now perfected, before they have their finall orders for possession, the Commissioners are accordingly carefully to examine the same; and if, in the distribution of the lands sett out (de bene esse) in the yeare 1655, itt shall appeare that any person that hath lands in his possession above his due proportion, they are to take speedy course for recinding the same, they being to have and enjoy what they can justly claime, and noe more, before the signing such certificates.

To the third, proposing what security shall bee left unto the army for the unsatisfyed part of their debentures, as whether the part satisfyed shall bee endorst uppon the debenture, and a receipt taken by them for the lands given out for the same, it is thought fitt that this proposition be referred to a committee of any three or more of the Councill to consider thereof, and to send for such officers as shall be held fitt, as allsoe for Mr. Atturney-Generall, the auditor of His Highness court of Exchequer, and Commissioners for setting out lands, and having together duely considered thereoff, they are to offer unto the board what they shall hold adviseeable in the case.

To the fourth, concerning the examination of the comissions and letters of atturney given the agents and others in receiving satisfaction for their respective debts, fforasmuch as the Councill are informed that all or most of those instruments have passed under the hands and scales of thos'e that entrusted them, and that, by raising doubts where nothing is complained of, many needless and unseasonable differences may unhappily arise, and for that the worke is done for which they were impowered, albeit uppon examination there may appeare some imperfections in matter of forme, the Councill held it not adviseable at present to give any order therein.

To the fifth, whether any notice or accompt shall be taken of sales and alienations of debentures or lands made before legall possession is given from this board, itt is thought fitt that, in case the purchaser or possessor have warrantably and uppon good consideration procured the same from the souldiers, their executors or administrators, and that lycence hath primary been obtained from the commander in chief, or others by him authorized, and according to the rules prescribed in the Act in such case, the Commissioners for setting out lands may give out certificats in the name of him unto whome the said debentures have been warrantably assigned and procured as afforesaid.

To the sixth, concerning the Generall Registers cancelling or endorsing satisfyed debentures, to bee speedily taken into consideration, and rule given from the board.

To the 7th, concerning the postponing the satisfaction of debentures not brought in at due times, this is to bee likewise speedily taken into consideration.

To the last, proposing that there may bee a cessation of all claimes and further proceeding untill they can perfect their accompts, and that the lands assigned the adventurers and disbanded in 1653 bee returned by the surveyors, the Councill thinks fitt that when the said Commissioners have perfected the worke that is now next to bee done, viz^t, as to the satisfying debentures brought in by the 20^th of Ffebruary afforesaid, reprisezeing of lands which appeared to them at or before that day to bee reprizeable, and the distribution of the dubiouse and incumbred lands aforementioned, and have given an accompt of their proceedings unto this board, the Councill thinke it may bee then a more seasonable time to resume that matter into consideration. Councill chamber, Dublyn, 9^th of Aprill, 1657.

Tho. Herbert, Clerk of the Councill.

 

Together with another about orders of possession, viz^t:

 

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

Whereas by an Act of Parliament entituled An Act for the Satisfaction of the Adventurers and Souldiers, &c., in page (82), it is ordained, among other things, that a certificate under the hands and seales of the Commissioners of Parliament, or any two or more of them, is to bee had by all the officers, after the division of their lotts, before they can bee deemed to bee in actuall possession and seisin thereoff, it is thought fitt and ordered that it bee referred to Sir Charles Coot, Sir Hardress Waller, M^r Atturney-Generall Basill, Collonell Lawrence, the Auditors, and Commissioners for setting out lands to the army, to consider thereoff; and having duely perused the said Act of Parliament, and such other Acts and ordinances as may any way relate thereunto, they are to prepare and present unto this board the forme of such a certificate as they may conceive to bee agreeable to the intent and meaning of the said Act, for further considerations to bee had thereoff. Dated at the Councill chamber, in Dublyn, the 9^th of Aprille, 1657.

Tho. Herbert, Clerk of the Councill.

The which was answered by the referrees therein named, with the following report and draught of orders of posession thereunto annexed:

 

May itt please your Lordshipps,

In obedience to your Lordshipps reference within written, wee have considered of the matter therein contained, pursuant whereunto wee offer the annexed draught of a certificate, which is according to the advice of our councill, and the best in our opinion, which wee humbly submitt to your Lordshipps consideration. Dated the 3^rd of June, 1657.

Signed in the name and by appointment of the rest of the referrees,
Har. Waller.

 

By his Highness Councill, &c.

By vertue and in pursuance of an Act of Parliament entituled An Act for the speedy and effectuall Satisfaction of the Adventurers for Lands in Ireland, and for the Arreares due to the Souldiery there, and of other publicke Debts, and for the Encouragement of Protestants to plant in Ireland; as allsoe of instructions from his Highness the Lord Protector, bearing the day of , whereby the power of the late Commissioners of Parliament is devolved unto and vested in us, wee doe hereby certifie, under our hands and seales, that the lands of , amounting unto acres, Irish measure, of profitable lands, &c., unprofitable, with the appurtenances, are, according to the said Act of Parliament, divided, sett out, and particularly allotted unto , his [heires] and assignes, in satisfaction of his arreares. In wittness whereoff, wee have herunto putt our hands and scales. Dated the day of .

About this time the adventurers moyety of the ten countyes, with the county of Lowth, and the barronies sett out to the disbanded anno 1653, were in measuring, as allsoe the courts were sitting amaine about claimes, in pursuance of a further liberty given for that purpose by an Act of parliamentary assembly held and begun the 17^th of September, 1656, by reason whereoff it became impossible to know the state and extent of the dubiouse land abovementioned, nor of the new security exspected from the said adventurers moyety and Lowth, uppon returne of the said admeasurement; wherefore litle was done by the agents as to their orders of possession, nor much by the Commissioners, except the answering of such reprizalls, speciall orders, and references of the Councill, as particular persons procured; all which orders, reports, &c., are ready to bee produced, when occasion requires the same.

Having thus, perhapps in too slight a manner, run over the nature of this worke, one hundred times bigger and more difficult then in this orderly description thereoff it will probably bee conceived to bee, itt follows to tell next by whome itt was performed, viz^t:

D^r Petty had soe much zeale to have this great and memorable worke well transacted, that he voluntarily tooke much paines and bestowed many thoughts thereon; which the army well perceiving was, as is supposed, the reason why they named him a trustee, and got him authorized for an instrument in their service by the commission above named. Dated the 20^th of May, 1656.

Whilst that commission was on foot, allthough the other five did all of them performe the judicative and directive part of the worke, yet the management of the calculations, with the invention of the method and meanes to put the Commissioners generall directions into practice, lay wholly on him; and soe plyed, that on the same day, being the 10^th of July, 1656, wheron the three commissioners received their new commission of the 7^th of July, whereof the D^r himselfe was one, there was given the officers then assembled in a great number such a scheme of assignements for the six grand divisions, with such an accompt of the quota, the dubiouse lands, the reservations for other uses, &c., as gave them such satisfaction as it hath proved the ground of whatsoever hath since been done, and composed the clashings then in being.

There was in this latter commission, besides the Doctor, M^r Vincent Gookin and Major Miles Symner, persons of knowne integrity and judgement; the first whereoff, within a moneth after the commission, and before one foot of land was actually sett forth, went into England, to attend his duty in the afforementioned Parliament, which was to begin the 17^th of September following; and Major Symner, a person ever generally beloved, and especially in this very army, foreseeing the danger of incurring as much the armyes causeless hatred as he had before enjoyed their well merited good affections, and being distracted with the frequency and vehemence of applications, could not with that pleasure attend the clamorouse part of this business, as his publicke spiritt otherwise disposed him unto. Soe that the daily directing of neer fourty clerks and calculators, cutting out worke for all them, and giving answers as well to impertinent as pertinent questions, did lye cheifly uppon the Doctor; and the more he did the more he was imployed; and withall, the better he gave men satisfaction at first, the more and more unreasonably it was requested at the latter end; which continuall disquiett might (even in Solomons judgement) be the reason why some thought him more short and satiricall in this replies then his former and naturall temper had before represented him to the world.

When it came to pass that he was reputed the author of whatever displeased any man, in soe much as, if men had not what they would have, and did call to remembrance any injuriouse exspressions they ever had uttered concerning him, they presently apprehended that the disappointments they were under were nothing but the secret revenges of some evill they had perhapps long since done him. Att length, when it became customary to reproach, noe man tooke much care what he said of him; and the wiser men, in being convinced how causelesly he suffered, would none of them venture to bee joined in this commission; soe as Major Symner and the D^r were forced to carry alone a burthen not usually imposed, unless a treble strength, nor borne without a greater countenance then themselves could give it.

As for the D^r himselfe, he became to bee esteemed the ——, or evill angell of the nation; and allthough God enabled him to cleare himselfe before the Councill and all other authorityes, as allsoe to any other particular persons who was but curiouse enough to understand the reason of his actings, yet all he did it was still said to bee but delusion, and casting a mist before the eyes of men he dealt with. Yea, though it was his vanity to carry all things with justice and impartially, yet the contrary was still imputed unto him, even allthough his greatest adversaries could never procure him a checque from his superiours, nor could hinder his masters, who had seen him faithfull in small matters, to sett him over greater, nor to entrust him with the adventurers and disbanded mens survey, even allthough he had been excessively railed att for what he had immediately done before of that nature, inserting him allsoe in all comissions relating to distribution of lands. Nor did the then Lord Leiftenant (then whome noe man knew him better) frighted for owning him for his secretary, as to his bussiness of nearest concernement. Nor was the Councill soe convinced of his unworthinesse as to refuse his service as clerke to their table; ffor these two honors did God add unto him, even when the cry of his adversaryes was loudest, the which, as he did not seeke as shelters to his crimes, soe he did not too broadly appeare in them, to avoyd the ostentation which usually springs from such advancements. The access of this new and more honourable trusts did but quench his fires with oyle, and provoked his ambitiouse adversaryes to thinke of hewing downe the tree uppon a twig whereoff he stood, so as by multiplying their surmises and clamoures, hee became the Robin Goodfellow and Oberon of the countrey; for, as heretofore domestique servants in the countrey did sett on foot the opinion of Robin Goodfellow and the ffairies, that when themselves had stolen junketts, they might accuse Robin Goodfellow for itt; and when themselves had been revelling at unseasonable houres of the night, they might say the fairies danced; and when, by wrapping themselves in white sheetes, they might goe any whither without opposition, uppon the accompt of being ghosts and walking spiritts; in the same manner severall of the agents of the army, when they could not give a good accompt to those that entrusted them, to say D^r Petty was the cause of the miscarriage was a ready and credible excuse. If the agent would goe from his countrey quarters to Dublin on free cost, the souldiers must contribute towards it, uppon the accompt of getting justice from D^r Petty. If the poor souldiers would have their lands sett out before necessity compells them to sell, it was but saying D^r Petty would not send a surveyor. If the surveyor doe not lay the house and orchard on the right side, the party disappointed need but say D^r Petty imployes insufficient instruments. When one party hath by good cheare and gratuity byassed a poor fellow, itt was good ground for the other to say that D^r Petty imployes such as takes bribes, and perhapps shares with them; there being persons who have showne a poor souldier a bogg or other course land, telling him that was his lott sett out by D^r Petty, to the end they might have the good land, which really was the poor mans, att the price of the bogg. If a peice of land better than our owne, through an accident, happen to be undisposed of, then our owne is cryed out uppon as incumbred, and D^r Petty a villaine if hee doe not help cozen the State to exchange itt. If wee have undersett our land, then a Protestant claimes it, and soe wee become free to have other lands whereuppon to make a wiser bargaine. If wee would have a good large quota or proportion of our debt satisfyed in Leinster and Ulster, then Kerrey, being the refuse county of Munster, is all good land. If the Munster lott would be rid of Kerrey, they cry up the neating and withdrawing of dubiouse lands for a divine invention; to others, an abominable project.

If the Commissioners are sparing to show their mapps, to prevent projecting and contriving uppon them, then D^r Petty keepes all in the darke. If wee doe not observe what every juncto or faction directs, how contradictory or unintelligible soever, D^r Petty transgresses the Committees orders; if wee fall uppon course land, better being behind us, D^r Petty hath over charged the lott, and stufft in his owne friends; if better lands bee before us, then debentures were not equally fixed. When D^r Petty minds the agents of their poor brethren, who served before 1649, and were disbanded in 1653, itt is said that this advertisement is like Judas his proposing to have the box of ointment sold for one hundred pence, and given to the poor. When loose debentures swarme up and downe, D^r Petty is suspected for buying them at under rates, and hath been searcht like a theife with a constable; but noe body observes the agents breaking up the officers seale, and thereby introducing this danger. When the lyst or string of disposeable lands was made and presented to the agents, they would for greediness acquiesse in any thing; but when the lotts fell out amisse, D^r Petty jugled. Whilst D^r Petty forbore, out of tenderness, to deale in lands or debentures untill the whole army was satisfyed, then it was said he would not engage in the lands of Ireland, but, having gotten his money, would runn away; but when he had layd out his estate in land, he become soe wicked as not to bee worthy to stay in the nation.

And now being weary in setting forth the unhappiness of this Doctor in the perverse reward of his faithfull and painfull performances, wee should returne where wee digressed, which is to shew that the army forbore taking out their orders of posession, as allsoe the distribution of their dubiouse and other lands, untill the adventurers and other surveyes from where they exspected further security should come in, and bee made use of to cutt that surplusage which they guessed to be for them in the adventurers moyety of the ten countyes, the which because they could not satisfactorily doe without a conference first had with the best representatives of those persons, sitting at Grocers Hall, London, they did move the Councill in May following, 1658, that the D^r might have a commission for treating with the said adventurers in England to that purpose, which matter, allthough it brings us to speake of the D^rs further service to the State and army in that particular, yett, because it is subsequent in time to what wee are now goeing to treat off, wee shall a litle forbeare it, and pass to speake of the lands which the D^r hath purchased with the armyes security.

 

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