History of the Down Survey (Petty 1851)/16

by William Petty

 

CHAPTER XVI.

WEE are now to returne where wee left off, to wit, how the officers moved the Councill that the D^r might bee imployed to the adventurers about the manner of cutting of the surplusage, if any thing appeared; the Councill assent, grant the commission following, with a letter to the committee of adventurers:

 

Instructions to D^r William Petty concerning the Setlement of the Adventurers.

H. Cromwell.

You are to goe to Grocers Hall, and there deliver the letters you have received from this board unto such committee or other persons as you shall understand to have most usually mett and acted in and about the setlement of the said adventurers.

You are to procure from them an answer to the said letters, and, having conferred with them of the severall causes and remedies of their unsetlement, you are, as often as there is occasion, to returne unto this board an accompt of your proceedings with the said committee uppon the said affaire.

Given att the Councill chamber in Dublyn, the 7^th of May, 1658.

William Steele, Canc.
Ric. Pepys.
Mat. Thomlinson.

Gent.

Whereas severall of the deficient adventurers doe dayly make applications to us for their satisfactions; and whereas, on the other hand, the army, conceiving that the county of Lowth, or part thereof, will fall unto them, the originall ten halfe countyes containing, as they suppose, a sufficient security for the whole debt of the adventurers, doe allsoe desire that computation be fortwith made whether any such surplusage doeth belong to them or noe; these are to lett you understand that wee are willing to contribute our uttermost help to both, and to that end have sent the bearer, D^r Petty, unto you, to acquaint you in what condition and forwardness things are here in order to the said ends, and to conferr with you about the way how, and by what persons, and where, according to rule, the said ends and finall setlement of the adventurers may bee accomplished, desireing you, as well in your private as publicke capacityes, to afford your best help uppon all occasions in prosecuting of the premisses, that the governement here be not causelessely ill thought of, that such who make advantages of the present confusion may bee discovered, that such as have only their just rights may bee confirmed therein, and that such adventurers as want it may bee speedily releived, the army receive the surplusage, if any be due, or knowne the contrary, soe as not to retard their other proceedings by a vain exspectation thereof, his Highness quitt rents ascertained, and the lands themselves plainted, which, untill this setlement bee effected, can not be hoped for. Wee desire you to returne us an answer hereunto, that wee may consider of what is further to be done in reference to the whole affaire. Wee remaine

Your loving friends,
H. Cromwell.W^m. Steele.
Ric. Pepys.Mat. Thomlinson.

Councill chamber,
7^th of May, 1658.

 

When the D^r came into England, he found himselfe out run by a libell sent from Ireland, and disperst up and downe amongt them in these words, viz^t:

Dublyn, the 12^th of May, 1658.

Gent.

Before this come to your hands, you will hear of the arrivall of D^r Petty. He is a person that, by his former actings, hath not given any cause of future confidence.

Ffor there is not a mischief that hath encumbred the admeasurement of estates, both of the adventurers and souldiers, but he hath been the principall contriver, and for testimony hereof you may have consent of all persons concerned; and comes over now with new designes to destroy the adventurers interest by their owne consent, if it may bee;

If not, to doe it by gaining power from authority, for which end he thinks himselfe very well provided with plausible proposalls.

Therefore it will be your wisdome to sticke close to the first Acts of Parliament, and what is done in pursuance of the same, and presently to imploy an able man to make it his worke to observe his motions att Whitehall, that accordingly you may be provided with suitable applications; for he designes nothing less then the adventurers good, which wee thought necessary in faithfullness to impart to you, as being involved in the same condition with you. Lett these lines bee communicated to the rest of the committee, and soe farewell.

Your assured freind, &c.

Superscribed thus:

For the Worshlppfull Alderman Fowke, att his House in Tower Street,
or, in his absence, to Mr. George Almery, neer the Old Jury,
London.

 

In soe much as all men tould him he had to doe with a company of very prejudiced persons, and should scarce gett them to hear him with patience, neverthelesse the D^r pursued his duty, soe as to present the above mentioned letter, and to appeare amongst them, where he found the drift of most, of them to lye in the ends following, viz^t:

1st. To affront the States survey, and assert that survey which themselves had made as authentique.

2dly. To assert their liberty of purchasing on certaine termes whatsoever they had taken more then their due.

3dly. To bee confirmed in the places whereuppon they had allready seated themselves, notwithstanding all kind of irregularity in their taking of the same.

4thly. To keep of comming to accompt, or soe much as to shew the State what lands each of them was possessed of.

5thly. To have the States survey communicated to them, to try what advantages they could find in it more then in their owne, as allsoe what enormity they could discover in any part of it, to make a ground for overthrowing it wholly.

6thly. To send the deficients to the State for satisfaction out of Lowth and the four reserved countyes, that theirs might never bee looked into for what they had.

7thly. To sett up the committee of claimes at Grocers Hall, as the only legall, true administrators of this business.

The very first day of meeting the Doctor gave them such satisfaction concerning the good intention of the Councill in Ireland towards them, and the justice of what he had to propound, in order to their setlement, that att the latter end of the day they desired him to give them the heads of the method intended: hee did soe, giving them ten days to thinke of it. Att the end of this time, the generall scheme pleased most men; nevertheless every man had his exception, each to severall points, that the whole was in danger.

The first matter under sharpe contest was the allowance of the States survey, which was allowed by a vote of the committee of, &c.

....................

The debate continues; the deficients, and such as desired a legall settlement in but what was their owne, are generally for the said petition and declaration, others as generally against itt; some of which party send the following libell:

 

Sir, you may take notice that some observers of your transactions at Grocers Hall are inquisitive what is the thing you drive att in all your meetings. I shall a litle acquaint you how the pulse beates, and in truth I find it very much distempered. The great cry of the adventurers is, they have a very unmeet physicion; not that the D^r wants braines or policy, they much more feare his integrity. To be plaine with you, tis the judgement of some men that your aime and end is to turne all things upside downe, and that, after sixteene yeares patient waiting and great hopes of setlement, you should drive a designe to rent and tear all in peices againe, that men may be wearyed out, and soe forced to sell and part with their interest at very inconsiderable rates; and for this end you have your agents in London, to buy all they can lay hold on; and tis reported you have the commands of many thousand pounds to purchase all you can compass. Sir, these are strange rumoures. I wish you did consider them, and either vindicate your selfe, or exspect a publication in print before your general meeting, and such a one as shall lay open the projects of such men as compass sea and land to drive destructive designes to the innocent. That there should be such jesuited persons, or men should have the face to disturbe the peaceable proceedings and quiett settlement of men that have waited from year to year, one seaven yeares after another, and now been att great costs and expence. Sir, these are strange things. I wish the child unborne hath not cause to curse you uppon this score. You have cause sadly to lay these things to heart. The souldiers mouthes are wide open against you, and tis supposed the adventurers will have small cause to bee silent. I have noe more to say to you, but leave it uppon your conscience that you, I say you, must one day give an accompt of these things, and the Lord be judge betweene you and these poor innocent persons, many that know not the right hand from the left; they have a cry, and that cry will bee heard. And in the behalfe of the poor innocent is this paper presented to you by him that will patiently wait the issue of your proceedings, and remaine

Your servant, allthough in truth and reallity

 

Att length the whole passed, maugre all oppositions, and the 20th of August was appointed to propound it to the common hall of all the adventurers, which was done. This generall assembly ordered itt to be printed, that every man having copies might bee prepared against the ..... day of ...., being appointed for the next common hall to speake to it. This was done, and after some discourses pro and contra, the D^r did offer the twenty positions following to bee debated publickly with any who would undertake him thereuppon.

Positions containing the summe and substance of all the debate agitated both by the committee and body of adventurers for lands in Ireland, in reference to the way of their settlement since the 10^th of June, 1658.

1st. That it is the interest of the Lord Deputy and Councill of Ireland, not only as publicke persons, but allsoe for their own private ease, quiett, and satisfaction, forthwith to settle the adventurers.

2dly. That it is not their interest to doe the same by any unnecessary removalls, but rather to continue att small matters then to give way thereunto.

3dly. That their Lordshipps have clear power by the Act of Parliament not only to decide the great controversy which is now amongst the adventurers, but allsoe an originall authority to assigne unto each adventurer what lands by name shall bee applyed to his particular satisfaction.

4thly. That the army having received but 12^s 3^d per pound, and the deficient adventurers nothing att all, their Lordshipps will bee earnestly called uppon to putt forth their above mentioned power very suddenly; and in case the adventurers will not agree to offer some advice how their Lordshipps shall proceed in the excercise of their said power, they will be speedily constrained to proceed without it.

5thly. The Lord Deputy and Councill, in behalfe of the State, have noe interest to impose unprofitable or intangled lands uppon the adventurers, nor to withhold any priviledge or advantage allowed by the Act of Parliament; nor will their Lordshipps doe any thing against the Acts and ordinances of Parliament, even allthough it were for the States advantage, and allthough the adventurers could bee supposed to petition them unto itt.

6thly. That even the army of Ireland have not used any meanes to putt hardshipp uppon the adventurers; nor have they any power or interest soe to doe, although what is saved by way of surplusage out of the adventurers proportion doth belong unto them.

7thly. That D^r William Petty hath noe interest of his owne, either in hasting or retarding the settlement of the adventurers; nor that the same be done by many or by few removalls; nor that the surplusage of the adventurers bee great or small; nor that any thing be done to the adventurers against the Acts of Parliament; and that he is not guilty of one wrong formerly done unto any individuall person of the army of Ireland in reference to his satisfaction, nor unto the adventurers now.

8thly. That the petition and declaration is the only answer drawne up by the committee that ever hath been given to the two letters from the Lord Deputy and Councill of Ireland, concerning the adventurers satisfaction, and the first compleat body of rules and directions for the adventurers settlement, and that it contayneth nothing impertinent, and very few things not absolutely necessary thereunto.

9thly. That the said petition and declaration was made by a sufficiently authorized committee, in a due manner, with a fair liberty to all men either to propose or reject as they pleased; that it was voted oftener then was needfull, in the whole and in parts; that it hath been many times since read before dissatisfyed persons, and defended from word to word; and, lastly, since the 16^th of July, when it was first drawne, nor since the 4^th of August, att which time copies of it were given forth, nor since the 21^th of August, since it came forth in print, hath any systeeme or body of the like rules appeared in competition with itt.

10thly. That the survey whereunto this petition doeth submitt hath all the causes of sufficiency imaginable; that itt hath been made with as many prudentiall cautions as any former precedent can paralell; that by all exsperiments and judgements which hath been made uppon itt, it is more favourable to the adventurers then their owne; that it extends more favour unto them, even in the matter of unprofitable land, then can bee made out by the Act of Parliament of xvii°. Caroli; and much more then what is allowed in the Act of September, 1653, as the said Acts may bee rationally interpreted. And lastly, the said survey, allthough it were very faulty, because it is authenticke, universall, uniforme, and regular, is the most safe rule the adventurers can goe by.

11thly. That allthough there were many errors in the said survey to the prejudice of the adventurers, it is to be supposed that there are as many and more tending to their lawfull advantage. The which errors of both sorts, being to bee dispensed by lott, are, uppon the whole matter, noe prejudice, but rather an advantage, to the body of adventurers in generall.

12thly. That if there bee any prejudiciall errours, either as to the title, quality, or quantity of their lands, ample provision is made, not only for their effectuall but for their speedy reparation in the same.

13thly. That the power of the Lord Deputy and Councell being the only legall power to make distributions, and their survey being the only authentique survey, it follows that only what is done according to them is a legall foundation to the adventurers.

14thly. That the survey taken by the adventurers is not universall, not uniforme, not soe much as probably true; that it hath been obscured and exsposed to much corruption since it was made; that litle proof can be made that what is produced as the adventurers survey is really such, much less that it is true; and lastly, that it wanteth soe many of the essentiall conditions of an authentique survey, that it is none at all, neither in law nor equity, neither as to the matter or forme of a survey.

15thly. That the distributions made by the adventurers are all taxable of the same imperfections, and consequently that it is dangerouse for the adventurers to relye uppon both or either of them.

16thly. That notwithstanding the distributions formerly made by the adventurers, according to the said imperfect survey and rules of distribution, be in their owne nature not to bee endured, nevertheless it is not the desire of the Lord Deputy and Councill, nor is it the intent of the declaration and petition, to alter the same, where there appeares noe manifest injury, and such as is obviouse to the very sences.

17thly. That the supposed perfect rule mentioned in the petition is not made as a judge uppon any past distribution, nor as a punishment even to offenders, but only as a remedy and releife to such as are wronged, and possibly may bee of noe use at all. Moreover, it may possibly give one who hath done wrong a better satisfaction, in a way of right, then what he now holdeth in a way of injury.

18thly. That it is the interest not only of deficient adventurers, and of such as have taken but their dues, to joyne in this petition and declaration, but allsoe of such as have been injuriously irregular, forasmuch as there will allwayes be a meane and power to correct them, and the longer their injuries remaine undetected, the heavier will their punishments be for the same at last; and forasmuch as they are mistaken in the way of restitution, which they thinke the Act of Parliament doth prescribe, they being not capable of the favour which the gentle punishment and reparations held forth in the said Act doe seeme to allow unto them.

19thly. That D^r William Petty hath communicated the condition and forwardness of things in Ireland, in order to the adventurers settlements, as much or more then the Councills letter sent to the committee doeth inferr. And he hath comunicated even the surveyes themselves, not only as much as was necessary with reference to any point in debate at the committee concerning the whole business, but allsoe as much as the committee thought fitt. And lastly, that such communications as were insisted uppon by some members of the committee were impracticable, and had been very dangerouse to the whole concernement of the adventurers, and only of advantage to some particular crafts-masters.

20thly. That it is more then probable that those persons who have been all along averse to the abovementioned declaration and petition have driven on their owne private designes, without respect to the common good of the adventurers.

 

Noe man appeared; another common hall was apointed the one and thirtieth of August, on which the whole was concluded, and power given to the committee to appoint the commissioners named in the said instrument.

Att their next meeting they appoint my selfe, adding a branch to the said instrument whereby to exspress their said desire, and provide a consideration for the paines and charges to be bestowed on their setlement; and lastly, they write the following letter of thankes to the Lord Deputy and Councill of Ireland, the which letter, with the said petition and declaration, are as followeth, viz^t:

 

to his excellency the lord deputy and councill, and their lordshipps of the councill there.

The humble Declaration and Petition of the Committee of Adventurers for Lands in Ireland, sitting att Grocers Hall,

Humbly sheweth,

That your petitioners, taking into consideration the present confused state of the adventurers satisfaction in Ireland, and in order to remedy the same, have, in pursuance of your Lordshipps letter bearing date the 7^th of May, 1658, and of the severall acts and ordinances of Parliament thereunto relating, have caused severall things, which were on their parts to bee done, to be forthwith put in hand; and have allsoe here collected such other things as they humbly desire may bee done by your Lordshipps; both which they humbly represent in the severall particulars following, viz^t:

1st. Your petitioners have made a compleat booke, to bee signed by the committee of claimes and themselves, or their appointments respectively, containing the debt of every adventurer whose certificate for the same hath been stated unto this day, with the name of the barrony wherein the same ought (if it may be) to be satisfyed, as alsoe the order of priority wherein the said satisfaction ought to bee made.

2dly. They have desired the committee of claimes to cause an estimate to be made of such debts for which noe certificates have been yet issued, which, as they probably conceive, will bee hereafter claimed and allowed.

3dly. In case noe lands bee put uppon the adventurers, as part of their measure, in satisfaction, but such as are profitable and forfeited, with all other privileges and advantages, according to the Acts and ordinances of Parliament, then this committee are of opinion that the generall survey and admeasurement last taken by your Lordshipps, under the oversight of the Surveyor-Generall and D^r William Petty, bee submitted unto, and not otherwise.

4thly. They desire that such bookes may be made as D^r Petty has shewed them formes and paternes off, by him called neat books, and containing the names of the lands surveyed as forfeited, the number of profitable and unprofitable acres, both according to your Lordshipps survey and the private survey taken by the adventurers, when the said adventurers survey can be had, as allsoe the names of the lands subducted out of the same, either uppon the accompt of decrees for constant good affection, compositions, private grants, and incumbrances of any kind whatsoever, and consequently contayning an accompt of what lands are neat and cleerely disposeable for the adventurers satisfaction, together with an accompt of what lands the adventurers have assumed of themselves, and by their owne particular survey and rules of distribution, in satisfaction of their respective debts, and withall on account how the lands now found uppon a more view disposeable are to bee distributed, pursuant to the more perfect rule of distribution hereafter to be framed, in pursuance of this present declaration and petition. And lastly, of the finall distribution and settlement of all the said lands, according to the former or future wayes of distribution, and according to such exspedients of reconciliation and private agreement which may happen to cause alterations in either of the said methods of disposure, desiring your Lordshipps to contribute whatsoever is necessary on your Lordshipps part, as mapps, &c., towards the making and compleating the said books and accompts.

5thly. When the debt and creditt of the adventurers is ascertained in manner afforesaid, both in generall and allsoe uppon every particular province, county, and barony, and that thereuppon an accompt is made exspressing what barronyes are deficient and what have a surplus, they desire and propound, that in order to repaire the one and with the other impartially, and according to all or any the provisoes of the Act of Parliament in that behalfe made, that it may distinctly bee determined by lott which province, county, and barrony shall suceed each other; that thereuppon two distinct lysts, the one of all the deficient barronyes, the other of all the surplusage barronyes, may be drawne forth; and the barronyes contayned in each may bee placed in such order of priority as by the said lott is or shall bee determined. And it is further desired and propounded that the barronyes of the county of Lowth, except the barony of Atherdee, bee added to the afforesaid list of redundant barronyes, each of them in such order of sequence as by lott shall be determined.

6thly. Itt is humbly propounded, that if any surplusage shall appeare uppon the afforesaid lyst of redundant barronyes, the county of Lowth being soe comprehended, the same may bee cutt of uppon the last barronyes of the said list; and that such generall surplusage may be withheld from disposure to the army, for some reasonable time to be agreed uppon, wherein your petitioners may make out what reall damages they have received by errors in your Lordshipps said survey, which they have conditionally submitted unto as afforesaid, either as to the quantity, quality, or title of the land by them accepted according to the said survey, to the end they may have due reparation for the same out of the reserved surplusage lands, as to your Lordshipps shall seeme just.

7thly. The satisfaction of the adventurers as to the whole being thus regulated, itt is further humbly proposed as followeth, viz^t:

1st. They desire that deficient barronyes may bee repaired out of the redundant barronyes, one after another, according to the paralellisme of the two above mentioned lists of deficient and redundant barronyes; that is to say, that the first deficient barronies may be repaired owt of the first redundant baronies, and soe downewards, untill all the deficient barronyes bee compleatly satisfied out of soe many of the first redundant barronyes, as they stand in the order of the above said lists, as shall suffice for the same.

2dly. Forasmuch as there hath been allready made by the comittee of adventurers severall rules for distributing of barronies to the particular allottees and individuall persons contained therein, your petitioners doe humbly exsplaine the chiefe of the said rules, as followeth, viz^t: Where it is said that a barrony shall bee divided into quarters, itt is to be understood that all the lands, both profitable and unprofitable, forfeited and unforfeited, comprehended within the true outline of every such barrony, bee divided into four equall parts, as neer as may bee, whether the same be done by lines of different position, as by north and south lines, and east and west lines together; or by paralell lines and such as are of the same position, whether they beare north and south, or east and west, or uppon any other point only. And whereas the said divisionall lines, being intended to bee streight, may probably cutt many denominations into two parts, your petitioners, desiring that entire denominations may bee preserved as much as possible, doe exsplaine themselves, that they intend that on which side soever of the afforesaid quartering line the gratest part of any denomination falleth, that the whole denomination shall be reputed and deemed to lye entirely on that side of the said quartering line. Both which exsplanations your petitioners humbly desire may bee applyed to the matter of subquartering, where any such thing hath been agreed uppon.

3dly. And to the end there may bee certaine rules where such rules are not allready for passing from the first denomination, which soever the same bee, to the second, third, fourth, fifth, &c., your petitioners desiring that the same may bee for the future determined, and to that end they propound that every barrony, being duely quartered by rule, or the mutuall consent of the major part of the adventurers concerned therein as afforesaid, may bee reduced, as to the severall denominations comprehended therein, into one continued file or string of contiguity, soe as it may be certainly knowne, from the first to last disposeable denominations, or part of denomination, in what order of priority each of them shall be disposed of. And this wee desire may be don by three severall artists, from whome the knowledge of the lists of priority of lotts contained in the debt booke may bee carefully withheld; and that they make their said strings of contiguity in the presence of some persons to bee entrusted for that purpose; and that, when three such strings are soe made, that one of them be chosen by lott, as the only rule to be observed in the matter of succession.

4thly. They further propound, that the persons imployed in making the said files of contiguitie doe determine by what line every towne land shall be cutt, in case there bee occasion thereof, for making up a just number of acres, answering to each lott or debt.

Now, allthough it were to be wisht that the above mentioned rules of distribution, as being supposed perfect, had been followed in the adventurers former assuming of lands for satisfaction, yet hoping that the proceedings of many such adventurers, though made otherwise, have not been either contrary to their owne rules or injurious to their fellowe concernees, your petitioners humbly propound that distinctions may be made betweene such of the former distributions as are fitt to bee continued from such as are not; in order whereunto, they offer that a distribution bee made according to the above mentioned supposed perfect rule, forthwith, by such instruments as your Lordshipps shall thinke fitt, together with a like number to bee allsoe approved by your Lordshipps, such as shall be humbly recommended by your petitioners; and that the said distribution, being soe made, bee sealed up and kept private, untill examination be had of the afforesaid former proceedings of the adventururers; to which end it is humbly propounded:

1st. That a person or persons bee appointed att London and at Dublin, both to receive from all such adventurers as are allready possessed of lands for their satisfaction an accompt of what lands, by name, they are soe possessed of, with an intimation of their desire to continue in the same, in case noe injuriouse irregularity can be made appeare to have been practized by them in acquiring the said satisfaction.

2dly. Your petitioners thinke fitt, publicke notice being given in churches, diurnalls, and by all other convenient wayes, both in England and Ireland, that such accompts or desires ought to bee brought unto the persons which shall be nominated as aforesaid; that such adventurers as doe not bring in the said accompts or desires within two moneths after the above mentioned supposed perfect rule is declared to bee sealed up, shall not have any benefitt of their said former assumptions or possessions not being according to the said rule. And withall, that all surveyes made at the charge of the adventurers, which shall not bee brought in and exhibited within the said two moneths time, either at London or Dublyn, shall be declared null, and the distributions made uppon them bee consequently declared null and voyd likewise.

3dly. They humbly propound that the person or persons to bee appointed at London to receive the said surveyes, and the above mentioned desires of particular adventurers to continue in their satisfactions formerly assumed, doe transmitt the said surveyes and desires to the above mentioned committee at Dublyn, consisting both of your Lordshipps instruments and of those other persons recommended by the adventurers as afforesaid, to the end that the reasonableness of the said desires, as allsoe of such other desires as shall bee exhibited at Dublyn, may bee examined; in order whereunto your petitioners humbly propound:

1st. That the distribution to all persons who are concerned in a barony, whereoff the survey is not produced as afforesaid, be null.

2dly. That allthough the survey be produced, yett if the barrony plott whereby the distribution of the said barrony hath been actually made, hath not been, according to appearing outline of the same, divided into four parts, answerable to the four proportions or quarters of money respectively which appeare by the booke of lotts to have been drawne uppon them, but that there is contained in one or more of such quarters above fifteene per cent. more or less then there ought to bee, your petitioners conceive that soe grosse a miscarriage in the foundation of the distribution is a sufficient reason why all the distributions founded thereuppon shall bee declared null.

3dly. Where the States survey maketh more disposeable acres in any barrony then the private survey exhibited by the adventurers doth, whether the same happen by the adventurers omitting of certaine parcells taken in by the State, or by reason of difference in distinguishing the quality, or through difference in admeasurement not exceeding three per cent. uppon the profitable and forfeited lands of the whole barrony, it is thought fitt, to avoyd the necessity of imposing small scraps of land uppon some deficient adventurers, that soe much of the said distribution be null as is subsequent to the first irregularity, and that the above mentioned distribution made by the supposed perfect rules be adheared unto in lieu thereof, provided that those who are removed by vertue hereoff shall be allowed the value of their necessary improvements, as the same shall be sett by indifferent persons to be chosen for that purpose.

4thly. They humbly propound that in all other cases the distributions made by the adventurers shall stand, unless in the particular cases of individuall persons hereafter mentioned, viz^t:

1st. Where a satisfaction consisting of severall denominations is in length, from one extremity thereof to the other, more then triple the breadth of the same, provided that the lines by which length and breadth are computed doe cross one another at right angles, except where the said proportion or satisfaction, as to the quantity, could not be sett out otherwise then in such disproportionable figure, and except such distribution be acquiesced in by all or the major part of the contiguous allottees, which kind of acquiescence your petitioners accompt a generall exception to particular irregularities, for as much as the same cannot be injuriouse where all or the major part of the persons concerned are content, and doe allow of the same.

2dly. When, in proceeding from an assumed point of beginning, according to any line of progression, the subsequent denomination is either not contiguouse to some of the proceeding, or not most according to the said line of progression, the subsequent denomination. As, for example, if the point of beginning or entrance be in the denomination (a), and the line of progression be from north to south, and the denomination taken next after (a) be (b), your petitioners doe understand that if there be any other denomination contiguous to (a), whereof any part is more northerly then any part of (b), in such case the denomination (b) is injuriousely taken.

3dly. If, to make up a satisfaction for any lott, more then two denominations (by denomination being understood the disposeable part of a denomination) bee cutt, wee conceive the same to be injuriouse.

4thly. If a distribution bee omitted by the first private distribution, which is admitted by the supposed perfect list, all those allottees whose proportions touch the same shall be guilty of that omission; and if but one allottees proportion touch the same as aforesaid, then the said allottee, by reason of the said omission, is removeable; but if there be more then one, in such case one of them is to bee chosen by lott, who, by removall, is alone to suffer for the whole, except it can bee made appeare that at the time of the said distribution some claime was entered uppon the publicke booke of the civill survey, or that some order of suspension from the Councill bee produced, which might be a reason and excuse for the said omission.

5thly. That all possessions taken by deficients of surplusages in lands, without lotts drawne for the speciall county, barrony, and denomination where such possessions are or shall be, without publication of the allottment before hand, and freedome for all others in the like cases to the like lotts, bee utterly voyd.

Wee further propound that after the exspiration of the two moneths appointed for bringing in the surveyes and desires of continueing each man in his respective possession, that another time be appointed for those who shall make the said desires to prove that the said possession were allowed to them in the former distribution, and withall to answer such charge of injuriouse irregularityes which may be made against the same.

Having thus framed a supposed perfect rule of distribution, as allsoe rules whereby to reject some of the former distributions totally, and withall to distinguish the designed and injuriouse irregularityes committed within other distributions, allthough allowed of in generall, and having propounded the persons by whome and the places where this whole affaire is to bee transacted in itts severall parts respectively, itt is lastly propounded that all omitted cases not reducible to the above proposalls, and that the interpretation of all ambiguityes uppon the said proposalls themselves, bee referred to the afforesaid Commissioners, as such in whose determination your petitioners are contented to acquiesse.

Now, allthough your petitioners are not ignorant that the right of making a survey is in your Lordshipps, and that the Act of Parliament giveth your Lordshipps clear power to decide controversyes between adventurer and adventurer, nevertheless your petitioners humbly desire that out of tender regard to the confusions wherein they are involved, and to the severall and repugnant interests which are or may be among them, that your Lordshipps would be pleased to exercise your said authority soe far as may bee without prejudice to the publique, according to the above mentioned advice, which, by your Lordshipps favour and invitation, they have been embouldened in this manner to present.

Char. Lloyd. Tho. Gower. Tho. Eeyres. Na. Crispe. Wm Barker. Tho. Juxon. Will. Hiccoks. Jon. Wood. Cha. Cheyne. Jon. Fisher. Wm Collins. Cadwall. Ffarrington. Hen. Standish. Ric. Alchorne. Jo. Perrott. Ffran. Betters. Wm. Methwold. Jo. Sweeting. Jo. Godfrey. Edmd. Lewin. Tho. Lincolne. Wm. Goodman. Cha. Ffarrell. Will. Spursto. Barnett Tremlett. Godfrey Hall. Giles Sumpter. Tho. Seares. Hugh Rowley. Samll. Dalbe. Robt. Norman. Jo. Smith.

Ma. Thompson. Jo. Holland. Geo. Clerke. Jo. Greenesmith. Ja. Edwards. Ric. Hutchinson. Nat. Miclethwait. Tho. Young. Jon. Boncle. Tho. Underhill. Samll. Blackwell. Sam. Eames. Jo. Clerke. Gabr. Benyor. Pet. De la Noy. Jo. Burroughs. Ric. & Davd. Leader. Wm. Gunston. Gil. Brandon. Edwd.Wood. Jo. Williams. Geo. Eyre. Mary Melhvish. Law. Saunders. Ffra. Hill. Jo. Hall. Will. Goodwin. Ric. Deacon. Nat. Wright. Ric. Winston. Ffra. Collins. Ben. Collyer.

Tho. Crowder. Wm. Whittaker. Geo. Glascocke. Ch. Ffox. Will. Lawson. Ch. Sutton. Jon. Fflesher. Geo. Bathe. Tho. Jenner. Jer. Rushley. Robt. Barefoot. Sam. Linne. Will. Sled. Jon. Humphrey. Chr. Searles. Mat. Taylor. Jo. Taylor. Tho. Brisco. Ed. Pike.

Jon. Sandon. Tho. Hudson. Geo. Ewre. And. Pope. Jon. Hieron. Will. Woodhouse. Jo. Rolfe. Jo. Merricke. Tho. Owen. Hen. Hawkes. Sarah Bockat. Danll. Theobalds. Erasmus Snelling. Rogr. Chilbingworth. Gam. Voyce. Jo. Seeling. Sol. Sibly. Tho. Ffield.

 

Explanations, Amendments, and Additions of the afforesaid Declaration and Petition.

In pursuance of your Lordshipps owne favour and just endeavoures of preventing unnecessary removalls, and in considerations of your petitioners readiness to submitt to your Lordshipps survey, your petitioners desire that three per cent. difference in admeasurement betweene your Lordshipps survey and the adventurers bee not taken notice of, viz^t, in such cases where the adventurers survey hath been allready made use of as to distribution; and where noe other cause appeares for nulling the said distribution then the said diiference in quantity, your petitioners pray that such distributions be neither annulled, nor that any retrenchment be made where the adventurers survey differeth not above three per cent. from the States.

2dly. Your petitioners humbly desire that by the word null in the above petition and declaration, where tis said that soe much of the said distribution be null as is subsequent to the first irregularity, shall not be intended to remove any person out of the barrony, if there be land enough there for his satisfaction, but only unto his right and proper place within the same.

3dly. Your petitioners humbly desire that they may have the full benefitt intended them by the severall Acts of Parliament in the matter of woods, and for as much as the latter Acts of Parliament seeme, though in words only, as your petitioners hope, to be more hard towards the adventurers then the proceeding Acts were, uppon which they adventured their money, your petitioners desire that your Lordshipps, in tender consideration thereof, would at least allow them the full benefitt as afforesaid of the said latter Acts, according to the most favourable interpretation that the words of them will beare, which, as your petitioners conceive, is, that not only the woods be cast in unto them, but likewise that the soyle allsoe wheruppon such woods doe grow bee not reckoned unto them as part of their measure.

4thly. Allthough your petitioners have allready desired that the agreement of the major part of the parties concerned may bee a universall exception to irregularityes, yet they desire, for the farther and more particular security of all those who, by such agreements, have made their distributions, subdivisions, and settlement by paralell lines, without regard to the former distinctions by plow lands, towne lands, &c., that such distributions by paralell lines may stand, where other injuriouse irregularityes and just causes of alteration are not found in such proceedings.

5thly. Whereas your petitioners have, by the third article of their above petition and declaration, submitted to your Lordshipps survey, with condition that noe land be reckoned to them as satisfaction which ought to bee cast in over and above their measure; and forasmuch as severall controversyes may arise thereuppon, the decision whereof, if not made in some speedy and regular way, may prove a great cause of delay and vexation to your petitioners; they therefore humbly pray that where complaints of errour as to profitable lands shall bee made, that your Lordshipps would appoint the clerke of the Councill, uppon application to them by the above Commissioners for regulation, to issue out such commissions of course to the sheriffs of the respective countyes, for empanelling juries, reviewing of lands where complaints are made, &c., as may be sufficient for the ends above mentioned; and that the determination of such wrongs, as allsoe the reparation of them where there is cause, may be in the said Commissioners, according to the above petition and declaration.

6thly. And for the better ascertaining of lands decreed away uppon claimes or compounded for, that the said Commissioners, uppon receiving the neat booke, may, uppon better information, take other lands into charge which are left out of charge, and putt any other lands out of charge which are given in charge.

7thly. That your Lordshipps will bee pleased to reserve all the forfeited lands within the adventurers moyety of the ten countyes and Lowth, for and towards the adventurers satisfaction only, untill all and every the respective adventurers bee satisfyed their particular proportions for the summes by them subscribed and paid, and untill they bee repaired for such damages as they shall receive by errors or mistakes of survey, as allsoe by incumbrances on their respective lands.

8thly. Your petitioners doe humbly desire that such determination and finall settlement of every adventurers satisfaction as shall be agreed uppon by the above mentioned Commissioners authorized by your Lordshipps may bee approved of by your Lordshipps, and confirmed with the seale of the Councill of Ireland; and that the survey whereuppon the certificats for the same are grounded may be attested by the Surveyor-Generall; and that your Lordshipps would, together with the said approbation, give warrant to the sherriffs of the respective countyes to deliver to possession according to the said certificates respectively.

9thly. Your petitioners doe further desire that the county of Kildare may bee divided by lott betweene the adventurers and souldiers, in order to their respective reprizalls, as the ordinance in that behalfe made doeth direct, and that such part thereof as falleth to the adventurers may be sett out unto them by lott and string from time to time, as occasion shall require, for reprize of incumbrances by lease and otherwise.

10thly . That your Lordshipps would bee pleased to accept of and appoint D^r William Petty to transact the above mentioned affaire, both in the behalfe of your Lordshipps and your petitioners, instead of the abovementioned Commissioners intended for management of the premisses, being a person of whose ability and integrity your petitioners have received good satisfaction; and that your petitioners may be at liberty, in case of his refusall, death, or other considerable absence before the said worke is finished, to recommend others in his stead on behalfe of your petitioners.

11thly. Thatt all such as have received the rents and profitts of any surplusage lands shall accompt for and pay the same to such persons to whome such lands shall bee allotted and certifyed, their reasonable charges being thereout first deducted.

12thly. That such adventurers as shall be removed out of any deficient barrony into a surplusage barrony may have the like preceedure, priority, and succession to each other in such surplusage barronyes as they should have enjoyed in the said deficient barronyes.

13thly. And your petitioners doe further humbly acquaint your Lordshipps that they doe thinke convenient, and have agreed and resolved, that there be a leavy of three halfe pence uppon every Irish acre, profitable and unprofitable, for which the respective adventurers shall have their ultimate particular alottments certifyed, together with mapps attested by the Surveyor-Generall, and orders of the Councill for possession, to be paid by the respective adventurers unto D^r William Petty, att the time when such particular allottments, orders, and mapps, shall bee attested and issued, and not before; and that a farthing of every the said three halfe pence be paid by the said D^r William Petty, from time to time, as the same shall come in, to such treasurer or treasurers as this committee shall appoint, for and towards all charges incident to the adventurers settlement in England; and that one other farthing thereof bee for the clerks of the Councell, Surveyor-Generall, and publique Register in Ireland, for their paines and care about the adventurers affaires; the said public Register causing the premisses and the particular allotting and setting out unto said respective adventurers of their shares and proportions, according to the Act in that behalfe, to bee recorded or registered, and attesting the same accordingly: which wee desire your Lordshipps to order according to our said desire.

 

May it please your Excellency and Lordshipps,

The committee of adventurers, having received your Lordshipps letter of the 7^th of May last, doe deeply acknowledge your Lordshipps very great favour in offering to contribute your utmost help towards the settlement and satisfaction of the said adventurers, and that in order thereunto, and as a further pledge thereoff, your Lordshipps have been pleased to send over D^r Petty, to conferr with them touching the persons by whome, the place where, and the meanes how, according to rule, the finall settlement of the adventurers may bee accomplished; which good intention of your Lordshipps, after many debates uppon the contents of the said letter, and the communication thereoff to the body of adventurers at four severall meetings, was received with soe much contentment as hath begotten such an encrease of confidence in your Excellency and the Lords of the Councill in Ireland, that they doe by and with our selves hereby returne your Lordshipps humble thanks for the same. Moreover, wee have, in answer to your Lordshipps said letter, herewith sent a petition and declaration, with some additions and exsplanations thereuppon agreed unto by this committee, to bee presented to your Lordshipps, as the substance of what they have, after many weekes debate among themselves, and with freedome to all adventurers and others who desired to bee present, and after the printing thereoff, and four severall meetings of the body of adventurers, thought most conducing to the ends of your Lordshipps said letter, and in particular to answer that part thereof which concernes the persons, place, and meanes of transacting the said adventurers settlement; withall humbly acquainting your Lordshipps that whereas the said committee (as by the first preparation of the said petition and declaration may appeare) did intend to pray your Lordshipps that the transactions of the said affaire might bee by the Commissioners, some of them to bee nominated by your Lordshipps, and others by the said committee, but to bee all approved by your Lordshipps, the said committee doe now pray, that, instead of all the said Commissioners, D^r Petty alone may bee authorized and approved of by your Lordshipps, to act as well in behalfe of your Lordshipps as the adventurers, as a person best able to give the business a dispatch; which wee the rather desire, for that such of our number as have been most unsatisfyed with the petition and declaration are yett most abundantly satisfyed with and first moved the choice of the said D^r Petty, as the sole trustee or commissioner therein, uppon whose ability and integrity as your Lordshipps have deservedly placed great remarks of your respects, both in your generall and speciall employments of him, soe wee cannot but, uppon our owne exsperience of his worth and accomplishments, repose in him, under your Lordshipps, the sole trust of the said adventurers settlement. And wee doe further represent unto your Lordshipps, that least what the said committee have soe prepared and herewith sent may possibly not bee soe absolutely necessary in all cases, as that all the said adventurers should bee bound to the strickness of the provisions thereoff, wee doe humbly pray that where manifest injury or inconvenience shall appeare in them to the said Doctor, as Commissioner in the premisses, your Lordshipps will bee pleased in such cases to empower the said D^r Petty to proceed to the settlement of the adventurers therein concerned, by such other convenient wayes and meanes as may most indifferently answer the former rules and certificates, and the private agreements of such adventurers among themselves.

Having thus recommended our desires, wee doe humbly pray your Lordshipps countenance and furtherance therein, which wee have an humble boldness to thinke will give the adventurers settlement a speedy and effectual advancement. And wee shall with all humbleness acknowledge your Lordshipps patronage and constant good affection to the said adventurers satisfaction, and profess ourselves, as bound by your Lordshipps goodness,

Your Lordshipps most humble and most obliged servants,
The Committee of Adventurers.

Grocers Hall, London, 17 Sept., 1658.

Jo. Mosyer. Jo. Holland. Jo. Wood. Ma. Thompson. Cha. Lloyd. Ja. Edwards. Nat. Micklethwait.

Tho. Gower. Tho. Eyres. Geo. Clerke. Geo. Clerke. Jo. Greenesmith. Hu. Ratcliff.   Will. Hiccocks.

 

To his Excellency the Lord Deputy of Ireland, and their Lordshipps of the Councill there, Dublyn.

The party opposite to these proceedings protest against what had been done, as illegall, gett councellours at law to state a case and draw up an oppinion, which they send into Ireland with the following letter.

 

Vppon considerations of the severall Acts of Parliament and ordinances relateing to the adventurers and souldiers of Ireland, and the disposeing of the forfeited lands thereof, as allsoe the printed proposalls to the adventurers, wee are of opinion—

That the rebells are sufficiently declared to bee subdued and attainted, as farr as such declaration and attainder was necessary to warrant the generall proceedings, all pretended defects whatsoever being supplyed in the subsequent Act of Confirmation, Sept. 1653, generally called the Act of Satisfaction; and all the defects of attainder whatsoever being supplyed by the relation which that Act of Attainder hath in law unto the possessions which the rebells had in the yeare 1641, or at any time after, though the Act of Attainder it selfe was not passed untill 1656.

That the committee of claimes, otherwise called the committee of lottery, sitting at Grocers Hall, viz^t, Methuselah Turner, &c., have as full power over the moyety of the ten countyes and barronyes therein contained, which falls to the adventurers share, and in case of deficiency, then over the county of Lowth, excepting Atherdee, to distribute and sett forth out of the same to each adventurer his proportion, as the Commissioners of Parliament had power to doe in the other moiety of the ten countyes allotted to the souldiery, though those two clauses bee of different penning.

That uppon an abstract of the grosse survey returned, and division soe made betweene the adventurers and souldiers as afforesaid, the committee of claimes did well and legally proceed to allott unto each andventurer his proportion in a certaine province, county, and barrony, and give them their certificate thereoff, which being carried to Dublyn and registred according to the Act of Satisfaction, though the lands themselves be not registred by particular denominations, yet that being done, and the subdivision of the committee of adventurers following thereuppon, there is sufficient to give that adventurer an actuall seisin of the lands soe allotted, and he is thereby in actuall seisin thereof; and an order of the Councill of Ireland to give possession was noe way necessary in law, though it were an act of good caution and discretion in them that did.

That uppon the comparing of the Act of Confirmation in 1656, cap. 10 and 23, with the Act of Satisfaction in 1653, to which it doeth expressly relate, and the ordinance of August, 1654, which exspired in June, 1655, the allottments made by the comittee of adventurers, and all the proceedings thereuppon had, are likewise declared and adjudged to be good, firme, and effectuall to all intents and purposes whatsoever, and are thereby for ever ratifyed and confirmed.

That the souldiery are not entituled unto any surplusage uppon the adventurers moyety unless such surplusage doe appeare on the returne of the gross survey, nor is there any power to make a generall resurvey of the adventurers moyety to find out a surplusage, but there is only povyer to resurvey each particular adventurers part, to see whether he exceeds his private proportion at any time before 1659, and when that particular survey is made the adventurer who is found to exceed hath power allsoe to purchase and redeeme the same; in the meane time the adventurer hath a possession which he may defend by law, and bring his ejectione firma. The power of deciding controversyes betweene the adventurers and the State is left and remaines solely in the determination of the law.

Thatt all leases of lands and custodiums in the severall allottments are to be reprized to the adventurers out of the county of Kildare, as far as those allottments are charged with such leases and custodiums, as well as rents or other dutyes particularly mentioned in the ordinance of June, 1654.

That where the committee of adventurers, by the ordinance of August, 1654, have made particular allottments and ascertained subdivisions, the committee of claimes cannot make any alterations of such adventurers parts, who have sufficient lands soe as afforesaid allotted unto them; in all things else the committee of claimes may proceed as formerly, their power being by Act of Parliament, and not taken away by any subsequent Act of Parliament; and therefore they may still, at this day, proceed to supply deficient adventurers out of the surplusage barronyes of their moyety of the ten countyes, and if that be short out of the county of Lowth, out of the barrony of Atherdee, according to the Act of September, 1653.

Lastly, wee conceive the printed proposalls to bee dangerouse and destructive to the adventurers if assented, and that such assent will involve them in endless suits and troubles; and wee conceive the deficient adventurers have a more safe and legall way to bee provided for then by any exspedients tendered in the proposalls.

 

Whereuppon the Councill send me the following letter:

Sir,—His Excellency the Lord Lieutenant and their Lordshipps of the Councill having perused your letter of the 9^th of November, instant, as allsoe another from some of the adventurers, dated the second of this moneth, and a paper enclosed, being the opinion of some learned in the law, declaring their sence concerning the Act for satisfying the said adventurers, together with the said adventurers dissent there against the late printed declaration and petition, as being reputed to bee dangerouse to their interest in this nation; their Lordshipps have commanded me to acquaint you therewith, and that they cannot but observe some difference amongst the adventurers, which they apprehend tends not to the setling their interest, or the much desired plantation in this nation, and are sorry to find their good intentions soe mistaken, your practicall knowledge in that business in all probability giving hopes of doeing them and the publicke good service, which by this opposition is rendered fruitless. And allbeit jealousies and misapprehensions are too common in bussiness of this nature, and may tend to your discouragement, their Lordshipps would have you, nevertheless, to leave noe good meanes unatempted for composing what may bee amiss, and to use your best endeavoures in bringing soe desireable a worke to a peacefull and happy conclusion. And in case this nation, and the adventurers and persons concerned in this affaire, shall not be soe happy as at present to see this great affaire setled by a full and free consent and agreement amongst themselves, his Excellency and their Lordshipps will not be wanting, uppon application made hereafter to them by persons concerned, to continue their reall intentions and endeavours to settle such persons whose complaints shall come before them, in their just rights, according to law; which is all I have in command at present, and remaine

Councill Chamber, Dublyn, 17th of November, 1658.

Your humble servant, Tho. Herbert.

 

The party fancying the proceedings, goe likewise to councellours at law, and procure the following opinions of Serjeant Archer, M^r Hide, M^r Allen, and M^r Mosyer, opposing that of Palmer, Bridgman, and Ffinch, as allsoe asserting the justice and legallity of the petition and declaration, viz^t:

The committee of claimes are limited,

By their order of the Councill of State, to charge uppon the province of Munster noe more then one hundred and ten thousand pounds; but they charge or draw lotts for a greater summe.

Quere,—Whether the lotts drawne after the said 110,000^li was charged bee not voyd?

I am of opinion that they be voyd (folio 99), by reason of the charge (and noe more); but in case of defect of barronyes, supply may be made agreeing to the rule in the Act of Satisfaction, folio 70.

 

One of the commissioners of claimes hath bought adventurers interests, or hath taken leases of the same after he was commissionated.

Quere,—Whether, the said purchases being voyd, the lands doe not fall to the State?

I thinke that, the purchase being voyd, the land is the States, and may be disposed to any other.

 

An adventurer is employed in clearing claimes, drawing lotts, and subdividing lands, or either of them.

Quere,—Whether any but the Commissioners of Parliament, or such as stand in their steads, can draw lotts, subdivide, and sett out lands for such adventurers satisfaction?

They can not; for as to these concerned persons, the Commissioners of Parliament are only authorized.

 

Whether the said comittee could assigne the place of an adventurers satisfaction, uppon any pretence whatsoever, without drawing lotts,—1st, for province; 2nd, for county; 3rd, for barrony?

The rule prescribed being to proceed by lott, if the committee proceed otherwise, its irregular and void (folio 70); and I take it the lott must be drawne gradatim for province, then for county, and att last for barrony, as is prescribed.

 

After the committee of claimes had drawne lotts for province and county, by vertue of the order of the first of June, —

Quere,—Whether they could draw lotts uppon such an abstract, which was authentically certifyed not to be according to law; and whether all proceedings built uppon the said illegall abstract doe not fall, as, namely, the division betweene the adventurers and souldiers, unless otherwise confirmed, the alotting for barronyes, the judgement of defective barronyes, and the proceedings of the committee of adventurers?

This abstract I take to be voyd, as a foundation for any future proceedings, it is soe full of gross errors; for example, the barrony of one land returned for 16430 acres, but what forfeited and what not is uncertaine, and in trueth there is not one acre of forfeited lands there.

 

Whether dividing signifye diflferently from the words setting out, distributing, or allotting; that is to say, allthough the comittee of claimes had power to subdivide the fourty-two barronyes among the adventurers, according to the proportion due to every of them, whether they have power after such subdivision to assigne and sett out by determined meets and bounds, by name, membershipp, scituation, quality, and quantity, what lands should satisfye each particular adventurers debt?

I thinke the subdivideing which the committee att Grocers Hall is to performe is not the allotting intended within the severall Acts, especially the Act of Satisfaction, which, after the certificate from Grocers Hall, appoints both souldier and adventurer to goe with his certificate into Ireland, and there procure before the Commissioners of Parliament to the distribution and setting forth and registering their lotts, and then they bee in seisin and possession.

 

Whether the Commissioners of Parliament had not power clearely or more probably then any others?

That appeares by the Act of Satisfaction exspressly to bee in the Commissioners of Parliament in Ireland, in pursuance of the certificate from Grocers Hall.

 

Whether the committee of claimes overdrawing of provinces and countyes, and drawing uppon particular barronyes, without first drawing lotts for province and county, as allsoe proceeding to draw for barronyes without a legall abstract of the States surveyes, and thereby causing much danger, to particular persons interest, and confusion to the whole affaire, be not punishable by law, viz^t, by ffine or therwise?

If it bee willfull, such breach of trust may be punished by information; but if it be only error of judgement, its otherwise.

 

A, B, and C, are, by an order of the Councill of State of the 1^st of June, 1653, appointed a committee for certaine ends and purposes (prout); the Parliament of the 26^th of September following confirmes that order; the Councill of State is dissolved the 16^th of December, the Protectorshipp and a new Councill succeeding under a new forme of government:

Quere,—Whether the order of the Councill of State, allthough confirmed as afforesaid, bee determined?

I thinke, the order of the Councill of State being in itselfe absolute and unlimitted, and being confirmed by Act of Parliament, this remaines, allthough the Councill that made it bee dissolved.

 

Whether the committee of adventurers had any power over any other then defective barronys, by vertue of the ordinance of the 1^th of August, 1654?

They had noe power but in case of such differences as in are exspressed uppon the defects of the barronyes where the lotts fall.

 

Whether they could act before they certainely knew which barronyes were defective?

Now the difference must first be made to appear.

 

Their ordinance being dated after the Act of Satisfaction, and after the commission and instructions to Cha. Ffleetwood, &c., whereby the lands sett out unto each man are to be distinguished by their quality, quantity, name, scituation, &c., whether any rule or method not answering these ends, which the said committee can contrive, is allowable?

The committee of adventurers have a latitude to compose differences betweene adventurers; but for ascertaining where they undertake itt, they ought to follow the methods prescribed to others in like cases, but to be sure they must leave the subdivision with a convenient certainty.

 

Whether the registering of the certificat of particular allottment be not necessary to seisin and possession, and whether the registring the certificat of the committee of claimes be necessary?

This registring is exspressly required by the Act of Satisfaction, both for the certificat and allottment, and shall well exspound the generall clauses in the Act 17 of Caroli, and other subsequent Acts, allthough it bee but an affirmative clause.

 

The adventurers, after they had lotted for province, county, and barrony, and obtained certificate thereoff, send artists into Ireland to survey and admeasure. These take commission from one Surveyor-Generall, are sworne by him, but paid by the adventurers, and that according to a higher rate then the lawdirects. This surveyor offers his survey to the Surveyor-Generall, who refuseth it, but offereth noe duplicate thereoff to the Register. The Surveyor-Generall doth not peruse this survey, but, by order of his superiours, appoints another survey to bee made by other hands, wherein he followes the rules prescribed by the law, and at length receives, examines, and allowes the latter survey.

Quere,—Whether the former survey made by the adventurers be good; or whether the latter doe not over rule it?

The former is void, and the latter is good.

 

An adventurer, instead of 100 acres, taketh 120 by his owne said survey; not by any survey, either gross or exact, of the State.

Quere,—Whether he may purchase the overplus 20 acres at the rates and on the terms mentioned in the law, or whether the next adventurer bee to sitt downe thereuppon?

He is an intruder, and not entituled to the indulgence for purchasing, as in cases where there was a mistake only uppon the estimate in a grosse survey.

 

In this case he is not well entituled to the hundred, but much less to the purchasing the overplus twenty acres; for it was his owne survey, not the publique officers, and his owne survey is disallowed, and therefore his possession to his hundred acres is questionable.

Whether the Act of Confirmation, 1656, doth att all comprehend the adventurers?

Itt doth not, neither by the purport of itt, if it be well weighed, there being a sort of persons besides adventurers and souldiers to satisfie the word (others) used in the Act. But the proviso that this Act shall not extend to the adventurers makes it cleer.

 

If it doe, whether it indulgeth all the irregularityes afore mentioned?

Itt doth not.

 

I have perused the printed proposalls, and find nothing in them but such as may conduce to a good settlement.

J. Archer.

23 Dec, 1658.

 

Conformable whereunto are the opinions of M^r Hide, M^r Allen, and M^r Mosyer.

When these things were at this pass, the D^r received the coppy of a strange libell issued against him at Dublyn, with news of great endeavour there to undoe him; and soone afterwards the following letter from the Councill, commanding his speedy repaire into Ireland; with the mention whereoff wee shall conclude this narrative, and begin that of the Doctors great tribulations, shortly following.

 

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