History of the Down Survey (Petty 1851)/17

by William Petty

 

CHAPTER XVII.

THE Doctors adversaryes in Ireland, having tryed a thousand stratagems to undoe him, sometimes by raising up one, sometimes another evill report; some times asserting one kind of crime, and sometimes another; sometimes accusing him before the Councill, sometimes causing him to be convened before the Generall and chief officers; then setting up a court in the green chamber at Dublyn, under the pretence of decideing controversyes betweene souldier and souldier; sometimes designing to trouble him at law, wherein they knew he had noe exsperience or dexterity to defend himselfe. And these things failing, they designed, as a pretended favour, to give him the command of a troope of horse, beleiving that, being noe souldier, he should soon fall into some miscarriage, for which they would disgrace or punish him at a court marshall of their owne packing; with many other secret stratagems which never came to light, there being few moneths in the yeare wherein he did not hear, in generall or particular, of some such machination.

But God laughing all these attempts to scorne, and the Doctors said adversaryes finding that, whilst he was present to cleer and defend himselfe, could doe him noe harme, about November, 1658, the D^r having then been six moneths absent in England, and great endeavours allsoe then used by some for a change of governement uppon the death of Oliver Protector, it was thought convenient to begin the ruine of that family with pulling out the smaller pinns of that frame wee were in, in order whereunto an Onessimus of the Doctors was dealt with to frame the following libell:

 

Right Honourable:

Since my arrivall, in pursuance to your trust imposed, I have, not without a great exspence, been industriouse in acquiring the most impartiall intelligence of the party you desired an accompt and character, which, by variouse appearances unto persons in severall capacityes, I have attained, and, as I suppose, even into the intrinsicks of his former transactions, whereof I gave you a full account per a friend, with the name and quality of the persons averring every particular, and their willingness and agility to justifie the same uppon legall inquisitt, but because I have noe answer thereof I thought requisite to repeale some principle presumptions on your freedome, uppon my single authority, by reason of the unsafeness of nominating of persons per post.

Now, because mens principles and habitts are best knowne by their acts, as formerly at length, I shall now in short present you with a narration of his stepps and progress of his undertaking in the souldiers settlement, viz^t, he had then the opportunity of the Lord Deputy and Ladyes eare, as well as his physician as complying with the then predominant party, and he made the bulke of the Major-Generall a party and share in his designe, whose interest the army not apprehending, were willing to venture theirs on the same bottome, especially being invited by the pretence of a new and unheard of survey, and of a certainty and infallibility therein, in manner following, a new chart for the surveying instrument was presented, as an invention of great concernement, which really diifered from the old one as 4^d from a groat.

Then about six artists were contracted with to teach other men of meane and low fortune the survey; and to colour their unfittness, he promised that noe ffield man should protract his worke, and he that protracted should bee paid by salary, to the end he should have noe interest to admitt of any bad worke, and all this under the eye of one of these six artists, whome he stiled conductors. Under these colours he marched on to treat with the seraphick gent., D^r Worsley, on the States behalfe, and a committee of the army, whereof the said Major-Generall was chief, on the behalfe of the army, with whome, uppon noe less impartiall then judiciouse debate, he treated; and the said Major-Generall, being sharer as above, became his security. The heads of the contract were, that he should admeasure, in one year, every denomination of land allotted to the army into parcells of fourty acres, and to make conspicuouse bounds thereof; and that he should subdivide the same into every souldiers proportion, bee it never soe small; and that, for his such admeasurement, he was to receive from the State 3^li per 1000 acres, and for such division from the army 4^li 3^s 4^d per 1000. Now, no sooner was this contract fully finished, but the said person agreed with the old surveyors for part of the worke, against whome and whose manner of working he had declamed as fallaciouse and dangerouse, and had used as the greatest ground of introduceing his new one. The rest of his worke was intrusted to the management of his raw artists, both as to field worke and protraction, without the former pretended strickness of care and conduct. Thus was all his admeasurement made, but not within fourty acres, nor within one year, as contracted for, except of the county of Tipperary, whereof he returned duplicates of the Lord of Straffords survey for his owne worke, yett was paid for them at the rates above said, which came to above 1500^li. Itt is further observable, that whereas, by one clause of his contract, he was not to bee paid for unprofitable land not exceeding 500 acres in a parcell, and the county of Kerrey generally such, the surveyors there were countenanced, if not instructed, to returne mountaine twenty and fourty acres for one acre profitable, and was afterwards layd out by him acre for acre, that is, fourty such acres for fourty profitable; and consequently hee received his full rate, which was 2000^li gaine extraordinary, and loss to the army 10,000^li per annum, according to carefull computation, and this in short of his admeasurement. Concerning the subdivisions, after severall transactions, the said person was made one of the Commissioners, or rather the only Commissioner, for setting out the said lands unto the army, where by his admeasurement was established, himselfe being judge of the whole charge of clerks and artists in subdividing every mans share in the house, being his owne worke as undertaker, was putt uppon the States accompt, which amounted to above 2500^li; nor did his designes terminate there, but, being a Commissioner, amongst others, a contrivance was sett on foot for his further advantage, for neat books soe called, whereby was excepted from generall lott, uppon the account of incumbrances, market townes, post townes, libertyes, cittyes, and other improved places, allthough the same, notwithstanding their incumbrances, if any, were ten times better then common land; and after the generall satisfaction was made, such places, per relation, were brought to the Councill by him and his friends, as discoveryes, and debentures reserved for that purpose placed there without lott. Soe came he to the north liberties of Limricke and the post towne of Ballintoy in Ulster; and the now Surveyor-Generalls friends to the liberties of Tredagh, and the Deputy-Surveyor to the county towne of Caveine, and 100 examples; and to effect this purchase the better, because he protested against any interest in any debenture, he took advantage, I am informed, of a charitable act of his Excellency and Councill, granted unto Mr. Carey his relict, to lay out 300^li in debentures; and he, as her agent, under colour thereof, disbursed vast summes of his owne, and placed them in such discoveryes. Many other his clandestine deceits, in his subdivision scarce medled with in the ffield, in stating his accompts, in his receiving his moneyes, in getting up his bonds, in the adventurers last survey, whereby vast summes of money are grasped in his hands illegally, and, in particular, a great share of the money received for the undertakers of the survey was paid to his clerks, and many of the undertakers left in great misery for want of due payment at this instant; but because I have given you a full account hereof in sheetes close written, and my time is short, I shall pass by many materialls, and leave to your further consideration these few observations.

1st. The Councill gave him liberty, after generall lott drawne, to buy 2500^li of debentures, which, besides his afforesaid underhand purchases, he bought of the army a remaining part of their debentures.

2dly. Hee hath given no accompt as yett what lands are excepted from the souldiers satisfaction by his said neat bookes, nor of the odds and complements of lotts.

3dly. If former reservations will not serve, he aimes at the management of the adventurers settlement, and, as he pretends, by the countenance of his Excellency and the Councill, where, noe doubt, he will find discoveries of his owne concealement, as formerly, to satisfye the remaining or other his debentures.

4thly. The army in generall hath not fully discovered yett his legerdemaine, yett are they very jealouse of his land, consequently not his friends.

5thly. The summes extorted by the premisses will amount to above ten thousand pounds, according to carefull computation, in particulars, as in my former will appeare.

6thly. Nor hath his practise been thus with the State only, but with the artists allsoe by him employed, who, for fear of loss or fall by his greatness, have been forced to receive halfe of their wages in full satisfaction, more especially and such whose families wanted bread, as would make your heart relent were you sensible of it as I am. Is not this cruelty in the abstract, to deny the labourer his hire, to grind the face of the poor, to enter into his nelghboures lands by removing their land marks? Hath not these and the like oppressions occasioned the former desolation of these lands and effusion of blood out of our owne bowells? Have they not now provoked Providence to take our Josuah from among us, which makes our land mourne.

7thly. Yett noe adress dare be ventured against him, having shouldered in as sharer with St. Thomas Herbert and D^r Gorge in their places of Secretary, which he undertooke for noe other end then aborting of complaints, persons having better admission then paper, as he hath said in his ostentation; that is to say, to use his words, he undertooke and consequently putt noe other value uppon the place of clerke of the Councill then to keep doggs from his shinns.

8thly. Yett noe adress dare be ventured against him, being boulstred up with the presumption of his Excellencys highest favour, whereby hee is come to the pitch of arrogancy, having carried all things thus uncontrouled, that hee thinks himselfe fitt to be a princes brother in law,—your Lordshipps may guess the meaning,—and hath used exspressions equivalent with Wolseyes ego et rex meus, and is soe confident of his owne strength that, though his Excellency carries the sword, yet he beares the buckler, supposing danger can not reach his M^r, but throug his side; and what, besides his owne apprehensions and common fame, induce me to beleive something extraordinary herein, that uppon accident, being in company at a mornings draught in a common ale house, his kinsman, and deputy in his absence, not without ostentation, produced into publicke view his Excellencys privy signet, which seemed unsuitable to out reach a closet, much less to enter an ale house.

9thly. The premisses considered, viz^t, his subdivision, for which he was paid 4^li 3^s 4^d per 1000 acres, never perfected but in the house, and that at the States charge; his payment for Tipperary and Kerrey uppon termes afforesaid; the scituation of his owne lands, and that in his Excellencys name, without lott, soe often protested against; the oppression of surveyors under his charge; and, lastly, his notoriouse presumption and arrogancy, itt is noe marvell his Excellencys interest is soe weakned in the affections of his friends, when he gratifies his enemyes with their desired advantage in countenancing of this person; for be assured, though he be now defended, when ever the next Parliament shall sitt, there are persons both of honour and courage soe deeply concerned, maugre all supporters, are resolved to unravell his actions there, where undoubtedly he will receive his fatall stroake, which wise men foresee sadly to reflect; but, doubting I shall outrun my time I shall say no more of his mountebanke practises, having hinted allmost all except his religion, which is rationally conjectured a tender of the oath of abjuration will discover.

Your honours most humble servants.

The cover was directed thus: ffor Nat: Davenport, Esq^r, in London.
He will call for this att the Post Office.

Dublyn, 30^th November.

Sir, I pray bee carefull of the delivery of this as formerly, and give me an account thereof by the next.

Yours, &c.

 

This libell was interrupted by one who made it a trade of opening letters, who thereuppon seemed to have discovered something very necessary to bee communicated to the Lord Lieutenant, who was reflected uppon for his favour to the Doctor. His Excellency, like a great justiciary to the publique, a person prudent and carefull of his owne honour, and withall willing to give the D^r an occasion to elude his adversaryes by a formall vindication, called the officers together, who were att that time come to towne in unusuall numbers, told them that allthough he had by long exsperience found the D^r very faithfull in what he professed, and very serviceable in his owne and the publique affaires, yett he did not thinke those vertues of his a sufficient protection for such crimes as were charged in a paper he had received, and therefore desired, nay urged them to shew their skill and industry in finding out the truth of what was there suggested.

The officers gave his Excellency thanks, erect a committee for the purpose, propounded the raising of 500^li to buy tooles wherewith to catch the wolfe, but seeme to decline the libell, and proceed uppon another more laudable worke, of seeing only what was become of the armyes security, without respect to or seeming suspicion of any particular person, nay not of D^r Petty himselfe; for, being exspressly and authoritatively asked, the leader of them denyed any such thing; and yett the news at London was, that the Lord Deputy, having by some late discoveryes of D^r Pettys miscarriages been convinced of them, had freely delivered him up to justice.

That Sir Anthony Morgan, the D^rs chief friend, uppon the like conviction, was most forward in the prosecution.

That some of Sir Anthonyes dependants were waiting for the employment wherein the said D^r had miscarried; that the D^rs lands were sequestred, his study and papers sealed up, &c., and, in fine, that the Doctor would never more bee seen in Ireland.

The news in Ireland was of the same nature, though not in the same degree, because men by their owne eyes could see falshood in many particulars of what was told in England; but what the news wanted as to horrour in Ireland, it had in extent, for there was noe man who did not talke thereof, nor any table nor taverne unprovided of a theame to discourse uppon for many days together; uppon all which the adventurers who wrought the letter of the 17^th of September, before recited, and engaged for such a reward for the D^rs service to them, as whereby hee might have gained neer 2000^li, grew exceeding cold and suspiciouse; his tenants grew delatory and full of excuses as to the payment of their rent; himselfe was discouraged from improving his estate, and from accepting of such proposalls as tended to his honourable and happier settlement in the world. The aforementioned assembly of justiciary officers, after venting much spleene, and through their passions letting the world not only peepe into but pore and gaze uppon the common intention, I meane the less noble and wise of those officers, propounded the seizing of papers, hanging of padlocks, diving into intentions by fetching foule wast papers back from the dunghill, and seeking for preparatory draughts under the bottome of tarts, &c. Whilst some, more wise and moderate, withdrew from these actings, others were friendly and couragious, declared against this fury; others were crafty, not less maliciouse, laboured to sugar the poison; and whilst others of all sorts ran with the multitude, the debates at length centred in the following petition, viz^t:

 

to his excellency the lord lieutenant and councill.

The humble Petition of the undernamed Persons, on the behalfe of themselves and all such as are concerned in the Satisfaction of the Arreares of the Army,

Humbly sheweth,

That your petitioners, by vertue of severall Acts of Parliament, ought to have their arreares satisfyed out of rebells lands in Ireland, att the severall rates in the said Acts mentioned, as by the said Acts more at large doth appeare.

That your petitioners, in the year 1653, in exspectation and uppon promise of speedy satisfaction of the same, did then voluntarily agree and desire that a retrenchment might bee made of their growing arreare, which was accordingly done.

That, nevertheless, to this day the said arreares remaine yett in part unsatisfyed; and the title to that satisfaction which has been given is not, as your petitioners conceive, sufficiently secured.

Now to the end your petitioners may the better understand their present conditions, and thereuppon to take such course for their releife and security as their councill learned shall advice,

 

They humbly pray,

That there may bee appointed a committee for the army, to examine and audite the proceedings of the Commissioners for setting out lands to the army, and what lands came into the Commissioners dispose; how and to whom, uppon what account, and by what rule, the same hath been disposed; what and how much lands lyeable to satisfaction of arreares remains yett not sett out or concealed, or as overplus in the adventurers security, or otherwise.

That the said committee prepare an authentique booke, whereby it certainly and plainly may appeare what particular lands have been sett out, to what particular persons, to the end not only his Highness may know how to put the same in charge, whensoever in his wisedome he shall judge it just and convenient; but allsoe that certaine reference may be had thereto by any Act of Parliament which may confirme the same.

And in order thereunto, your petitioners further pray—

That all leidger bookes, wast bookes, pie books, and all duplicates, extracts, certificats, discoveryes, propositions, petitions, orders of the Councill, orders of the Commissioners for setting out lands, either preparatory, intentionall, de bene esse, or finall and conclusive, and all charts and mapps, surveyes, and all other bookes and papers whatsoever which doe or have at any time belonged to the office of the Comissioners for setting out lands, be forthwith delivered and putt into the joint custody of the said committee and the said Comissioners for setting out lands, to be perused, examined, and audited for the ends afforesaid; and that the said comittee may have power to send for persons, papers, and records.

And because the Commonwealth is obliged to sett out lands in satisfaction of arreares, which can not bee done without charge to them; and because your petitioners have been sufficiently damnifyed by their forbearance, and by payment for the survey, and diverse other summes relating to the setting out lands; and because your petitioners were not the cause that a worke of this nature is now to doe; and lastly, because his Highness ministers can never putt the land in charge without doeing this, or something equivalent thereunto,

They pray that your Lordshipps would from time to time issue such money as shall be necessary for the effectuall carryeing on of the said worke.

And they shall pray.

Har. Waller. Ant. Morgan. Tho. Long. Will. Arnop. Jo. Nelson. Rob. Ormsby. Theo. Sandford. Robt. Thornehill. Jam. Stopford.

Ch. Coote. Hie. Sankey. Tho. Coot. Tho. Sadler. Pet. Wallis. Ric. Lawrence. Jos. Deane. Ja. Hand. Will. Shaw.

Uppon which was given the following order, and the letter afore recited, chap. 16, dispatcht away for my comming over.

 

By the Lord Lieutenant and Councill.

The Lord Lieutenant and Councill, taking into consideration the humble petition of severall officers of the army and others, in behalfe of themselves and all such as are concerned in the satisfaction of the arreares of the army, the substance thereof being concerning their arreares and security, have, for the reasons therein mentioned, thought fitt and ordered, that Vincent Gookin, D^r William Petty, and Miles Symner, Esqrs. (Commissioners for setting out lands to the army), or any two of them, bee and are hereby authorized and required to peruse such bookes, surveyes, mapps, papers, and other writings and records in the custody of the said Commissioners, or of the Surveyor-Generall of lands, or others, as may any way relate to the matter particularly exsprest in the said petition; and further to proceed, either in order to the preparing such an authentique booke or bookes, or otherwise as may answer the ends in the said petition mentioned and desired. And that the petitioners may receive the better satisfaction and information in this bussiness, itt is likewise held fitt and ordered that any such persons, to the number of seaven, as the petitioners shall nominate, and shall bee approved of by the board, who, or any three or more of them, have hereby the liberty granted them, from time to time, and until further orders, to bee allwayes present with the said Commissioners as afforesaid, and as occasion serves to offer their advice, and otherwise to give such furtherance therein as may bee conceived materiall and necessary in reference to the premisses. And that the said Comissioners doe not proceed uppon any part of the worke required by this order, but in the presence of three or more of the persons nominated and approved off as afforesaid; provided, nevertheless, that none of the said surveyes, mapps, bookes, or other papers as afforesaid, bee made subject to other view; and that no transcripts be had or taken for private use, or any alteration made in any of the said records. And lastly, the said Comissioners are to give an accompt unto this board of their proceedings herein. Dated att the Councell chamber in Dublyn, the 20^th of December, 1658.

Tho. Herbert, Clerk of the Councill.

 

This order was not satisfactory to many, who said they would rather rott as prisoners in the Castle then to acquiesse in it, and that they would spend their whole estates in seeking justice elsewhere; whilst others, greater masters in this way of diabolisme, told them, that what was short in the order might be repaired in the persons to be entrusted in the execution of it; and that, if ends were not answered, and absolute freedome not allowed in their enquiries, that it would prove an excellent bridge to pass over the business to some other judicature, whereby they might better prevaill; and that acquiessence in the present might better cover the maine designe, and serve an hankerchief to hide the instrument which was to draw out the Doctors teeth, and possibly steale the Lord Lieutenants assistance into their design.

The advice being approved of, they choose seaven officers for managing the business with admirable adresse, viz^t, Sir Anthony Morgan, as the fittest toole to worke uppon the Lord Deputy, a person whose intimacy with the Doctor might possibly make some at least believe that the designe was not pure malice.

Sir Hierome Sankey, who, having been lately knighted, they knew longed for some adventure to goe uppon.

Captaine Shaw, his brother-in-law, as fitt and able to attend the Knight uppon adventures, as hath been allwayes practised, even in the most ancient times.

Collonell Lawrence they knew to be angry with the Doctor for opposing his mistake, in thinking he might have 20,000^li given him for sweetmeates after a full meale.

Captain Warren, for his zeale and industry in the bussiness of his accomodation in the barrony of Balleboy, and that the designe might not be thought the Anabaptists.

Captain Deane, for his skill in accompts, with a dash of resentment in the case of Captain Sheeres sullenness; and—

Lieut.-Collonell Fflower, for the flower of them all, one whome they knew would sticke at nothing to gett up some obligations out of the Doctors hands, would burne him and his estate, soe as he might have two pence a pecke for their ashes; a man of a well-leathered conscience, as well as stomach; one whome wee are affraid to begin a character of, least wee should never make an end of speaking evill of him.

Some few days afterwards there happened some sharpe words betweene Lieut.-Collonell Warren and the Doctor, which got him allsoe the preferment of being of the same comittee. Perhapps wee have spoken of these gentlemen in a way too unlike the rest of this discourse, which was endeavoured to bee wholly seriouse; but having said nothing but what the world knowes, and might as easily been guessed, even without these intimations, nor having charged his adversaryes therein with noe practice not usuall uppon all like occasions, wee hope nothing will be taken amiss.

The committee being nominated, the seaven purging pills are guilded by the Councills approbation, exspressed in the following order.

 

Blank.

Whilst these things are doeing in Ireland, the Doctor rides night and day from London, in the latter end of December, and through many hazards comes to Dublyn, God having kept him safe in the greatest storme that ever was knowne, as he thankfully construed it, to preserve him for his vindication, soe as he might dye with a fame suitable to his deservings, for he profest never to desire greater or better, att the hands of the State and army in Ireland.

Being come to Dublyn, and having informed himselfe of past transactions, hee desired that there might bee added to the above named committee of seaven, chosen by the pretended representers of the army, the Receiver-Generall, Auditors-Generall, and one M^r Jeoffryes, a person well reputed for his integrity and skill in accompts, that, having given a satisfactory accompt unto these able and proper ministers of the State, he might all under one bee discharged both from the State and armyes further question or suspicion. This was granted by the Councill, as appeares by their following order, viz^t:

 

By the Lord Lieutenant and Councill.

Ordered,

That D^r William Petty, and the rest of the Commissioners for setting out lands to the army, doe forthwith proceed to make a booke containing an accompt of all the lands by them sett forth. And itt is further ordered, that the Auditors and Receiver-Generall, and M^r Jeoffreys, bee added to the seaven persons formerly appointed by order of this board, bearing date the 20^th of December last, making in all eleven, whereoff three ([the] auditors, or one of them to be always one) are to be a comittee for the ends in the said order exspressed. Dublyn, the 24^th of January, 1658.

Tho. Herbert, Clerk of the Councill.

The comittee being mett, some of the latter referrees, and some other officers concerned in the lands equally with any others, uppon reading the Councill order above mentioned, about making a perfect booke of all distributions, did innocently and ignorantly fall in good earnest into debates and contrivances concerning such a booke indeed, according to the Councill order, and the pretended end of the comittee. Wheras Fflower satt swelling and looking uppon Warren, as for help, thinking he should this way never bee released of the one hundred pounds per annum he owed the D^r; insoemuch as, being convinced of the satisfaction he had and was like to give the comittee, hee, att the rising thereof, fell into the following pangs with George Bate, the clerke who then attended itt.

I doe hereby certifie that in the moneth of Ffebruary, 1658 (in which moneth the comittee of officers for inspecting the transaction of satisfyeing the army did often meet to that purpose), I, meeting Lieut.-Collonell Fflower one day after their rising, he being a member of that comittee, and that day present, asked him why he appeared more passionate against D^r Petty then any one officer I observed that day? To which he, the said Lieutenant-Collonell, answered, that he did verily beleive that the said D^r would cleare himselfe of what was objected against him by the officers, and that, if the said D^r would deliver him up his bond, hee would not speake nor meddle in the bussinesse any further; but that he, the said Lieut.-Collonell, was confident that when the Doctor had cleared himselfe from the accusations which then were uppon him, he, the said D^r, would plague him, the said Lieut.-Collonell, sufficiently. And further, that the said Lieut.-Collonell Fflower often afterwards meeting with mee, and discoursing of the same bussiness, uttered words to the same purpose. Wittness my hand, this 4^th of June, 1659.

Geo. Bate.

 

Collonell Lawrence, hearing how well scruples were cleared, did not thinke it worth while to come to the comittee, nor, as was conceived, to sitt in company with such persons, who interpreted orders of that nature according to the letter, and not according to the inward and mysticall meaning. Within three or four dayes the news was up and downe the towne, that the comittee had discovered noe enormity by D^r Petty; whereuppon it was by the malignant party concluded that the comittee was sett up by D^r Petty himselfe, on purpose to justifie him, and that it consisted of persons which might easily be wrought to that effect; and that they beleived all Fflowers late rayling was but in shew, the rather because they knew him fitt for such works of double dealing.

Notwithstanding all popular conjectures, and the guesses of the busy people, the sober and moderate part of the comittee conclude in the following petition.

 

to his excellency the lord lieutenant and councill.

The humble Petition of the Persons named by the Officers of the Army, and approved by your Lordshipps, to prosecute the Ends of their Petition, and the Order of this Board thereuppon, dated the 20^th of December last,

Humbly sheweth,

That your petitioners having oftentimes mett with the Commissioners for setting out lands, &c., and considered in what manner the booke called by them the Distribution Booke, should bee made up, and finding that there will be parchment and other materialls necessary, with which the Commissioners for setting out lands are not furnished; and allsoe considering the great hast required for the perfecting of the said booke, that some use may bee made thereoff this present session of Parliament, and that it is not possible that it can bee made up in any reasonable time, without more helpe then the said Commissioners can give:

They therefore pray

That your Lordshipps would give order that such necessaryes, and allsoe such a number of clerkes, may from time to time be provided, as shall be necessary for carrying on the said worke; and that your Lordshipps would give speedy order herein, in regard that till this bee done the whole worke is att a stand.

And your petitioners shall pray.

Ant. Morgan.
Jos. Deane.
Will. Shaw.

The Councill, though they wondered that soe necessary a worke should sticke at the charge of pen and inke to write it, yett they did by verball order appoint the said committee to attend them about it, who, to be short, never did, nor was there any thing more done in pursuance of the Councills above order of the 20^th of December ever afterwards, nor did the committee ever care for meeting, which is the argument for what hath been allready hinted, that the booke was but a pretence.

Nevertheless, since the wiser head laboures to make vertue of necessityes, tis believed that the designe of some afterwards was really to have such a booke, whereby they might gett the Parliament blindfold to confirme their owne and friends irregular possessions, and yett clapp in a plausible proviso that the Act should not extend to confirme the distributions made to any Commissioner imployed in that way, with such other wards and springs to be in the locke as might only keep the D^r out of establishment.

Which designe, when they saw the D^r chosen in two places, viz^t, in England for one, to be of the then Parliament, fayled, for fear he might sitt when the members of Ireland were kept out, that other legg of the booke became allsoe lame, and the whole body of the designe tumbled to the ground as above said.

Notwithstanding all this, the Doctor, not trusting to what reason and justice might doe against the cry of many in a Parliament like to be very factiouse, endeavoured, before he went thither, or proceeded much further in the accompt of distributions, to make an even reckoning with the State and army for what ever concerned himselfe, viz^t, nakedly to sett before them what and how much land he held, and uppon what termes, and withall to demand from them what he yett conceived to bee his due.

In order whereunto hee applyed himselfe to those persons who, by the Councills of the 6^th of Ffebruary, recited in the 14^th chapter hereof, were particularly appointed to answer his desires, by the following addresse:

 

to vincent gookin, surveyor-generall, and major miles symner, esqrs., commissioners for setting forth lands to the army.

The humble Adress and Demand of D^r William Petty.

Whereas his Highness Councill for the affaires of Ireland, and the Lord Deputy and Councill, have, by their severall orders remaining with you, given me leave to be satisfyed 11059^li, or neer thereabouts, in debts due for arreares incurred for souldiers service in Ireland since June, 1649, part thereof being for the use of Mrs. Carey and her children; and whereas their said Lordshipps intended the said lycence as a meanes to repaire the loss of the opportunityes to bestow my money att advantagiouse seasons, which my employment as a Comissioner with you deprived me of, as allsoe to reward my paines in and about the said service; I humbly offer to your considerations, that, by all the satisfactions I have hitherto received, neither of the said ends are answered, but that my selfe have lost above three thousand pounds, and the State have gained very neer as much, by the very way and manner of making the said satisfaction unto mee.

Wherfore, in order att least to repaire my said loss of opportunityes, I humbly demand that the remainder of the said 11059^li 18^s, being 3138^li 13^s 3^d of quotas, may bee satisfied forthwith, with soe much lands as at the usuall rates will amount unto 6834^li, since the same may bee done without prejudice to the army, and with less difficulty then by allowing full satisfaction, as hath been done to many, uppon which accompt I might claime 2191^li towards the 3696^li, which I demand above my reall debt, the reason of which unusuall and seemingly extravagant demand I humbly propose as followeth:

1st. The said debt of 11059^li, for which I have leave to bee satisfyed, cost me in ready money 4625^li which said summe would have purchased a neat satistisfyeable debt of 14756^li, which exceeds my lycense by the above mentioned summe of 3696^li.

2dly. Allthough I had lycense to bee satisfyed for the said 11059^li, yett have hitherto been satisfyed for my selfe and Mrs. Carey noe more then 7918^li 4^s, soe as there yett remaineth the above mentioned summe of 3138^li 13^s 3^d.

3dly. I have not received in ready 350^li in rent out of all the lands yett sett out unto mee, nor is there due unto me 500^li arreare, both which summes doe not afford mee above eight per centum interest for the said summe of 4625^li, which I have really disbursed in purchase of the said lands.

4thly. The State hath gained seaven hundred pounds in cleare money by the way and manner of my satisfaction, besides the perpetuall quitt rents of three thousand acres of lands, and have hitherto saved what I might reasonably exspect for all the paines, care, and contrivance, losses, calumnies, and dangers, by mee borne and incurred, by reason of this service, since the 20^th of May, 1656; the totall of which three particulars I leave to your owne estimation.

5thly. That the advantage of enhaunced rates above depressed rates, not designed and contrived, but only observed and computed by me to the States lawfull and great advantages, will abundantly justifie the above mentioned equitable reparation I desire uppon severall accompts.

All which reasons and allegations I desire may bee examined with all severity, as allsoe what ever else relating to the time, manner, and other circumstances of my said former satisfactions may have been the occasion of any jealousie or reproach uppon your owne or my proceedings therein. Dated att Dublyn, the seaventeenth day of February, 1658.

William Petty.

 

These recommend the matter backe to the Councill by another adresse of their owne, dated 18^th ditto, in these words:

 

To His Excellency the Lord Lieutenant and Councill.

May it please your Lordshipps,

Doctor William Petty hath exhibited unto us the annexed papers, wherein he desires as much lands in satisfaction of 3138^li 13^s 3^d, as, according to the usuall rates, will satisfye a debt of 6834^li. The causes of the said demand wee find, uppon consideration had of the said paper, to bee such as are more properly cognizable before your Lordshipps then us, especially considering his relation to us as a Commissioner for setting out lands, and therefore doe presume humbly to present the said paper herewith to your Lordshipps consideration.

Your Lordshipps most obedient Servants,
Vin. Gookin.
Miles Symer.

Dated the 18^th day of
Ffebruary, 1658/9.

 

Where uppon the Councill would have referred the matter to a few indifferent persons, but the Doctor standing by, as clerke of the Councill, desired it might be referred to more in number, and even to those seaven officers who seemed to have soe much the care of the armyes concernements; whereuppon the Councill grant the following order:

 

By the Lord Lieutenant and Councill:

Ordered,

That Sir Anthony Morgan and Sir Hierome Sankey, Knights; Collonell Lawrence, Lieut.-Collonell Fflower, Captain Joseph Deane, Captain Edward Warren, and Captain Shaw, being the persons lately nominated by the army, and approved of this board, for auditing the proceedings of the Commissioners for setting out lands to the army; the Surveyor and Auditor-Generall, Mr. Jeoffreyes, and such as are or have been Commissioners for setting out lands to the army, or any three or more of them, doe consider of the demand and adresse of D^r William Petty aforementioned, for satisfaction in lands for the summe of 3138^li 12^s 3^d, to bee sett out unto him, as, according to the severall rates, will satisfye a debt of 6834^li; as allsoe of the severall reasons by him given for the same; as allsoe of what hath or shall bee by him alledged in reference to the same; and to make a report thereof unto this board, for further consideration. Dublyn, 21^th of Ffebruary, 1658.

Tho. Herbert, Clerke of the Councille.

 

Moreover, the D^r apprehending that the worke would be to strangers troublesome and obscure, prepared the following paper, as a scheme of all matters to bee examined by the said comittee, without vouching the same as his owne assertion, it being ridiculouse and obligeing of the question for him to firme under his owne hand what was ex professo to bee examined by those to whome he presented it.

The comittee call him to exspound the said paper, which he did, untill they were soe well possessed of itt as to referr the calculative part thereof to be further examined by M^r Jeoffreyes, whom they allsoe impowered to draw up a report. M^r Jeoffreys sends for the D^r, receives satisfaction in some particulars which seemed to him to bee twice charged, and thereuppon draws up a report, and presents it to the committee.

Now whereas any three of the thirteene above named were a comittee, seaven were present (the rest being most of them out of towne), viz^t, M^r Roberts, M^r Gookin, M^r King, and M^r Jeoffreys; and of the seaven officers, Collonell Laurence, Lieut.-Collonell Fflower, and Captain Warren. The four first, making some small amendments, and perusing some vouchers, whereby some particulars of the report were grounded, signe the report; but Collonell Laurence (as the mouth of the rest) said that allthough he had nothing at present to say against it, yett forasmuch as the end thereoff was recommendatory (for that was his very word) for the D^rs having more land, the which was against the intention of the army, he would not signe itt; then calling the rest aside, and whispering a while with them, they allsoe refused itt. The report followes.

 

To his Excellency the Lord Lieutenant and Councill.

May it please your Lordshipps,

In obedience to your Lordshipps order of the 21 of Ffebruary last, made uppon the addresse and demand of D^r William Petty to the Commissioners for setting forth lands to the army, and by them presented to your Lordshipps consideration, wee have heard and considered the allegations and reasons whereuppon the said Doctor demandeth 6834^li worth of land to bee sett out unto him, in satisfaction of 3138^li 12^s 3^d only, and what other allegations the D^r was pleased to offer to us, and doe find as followeth, viz^t:

1st. That, by severall orders of your Lordshipps, the said Doctor hath been lycensed to receive full satisfaction, within the security of the army, for 5581^li 14^s 3^d; and, in behalfe of himselfe and M^rs Carey, five-seaventh parts of one thousand pounds, and the proceed of two thousand pounds layd out in debentures, which amounts to 5476^li 3^s 9^d; in all, the summe of 11059^li 18^s.

2dly. Itt doth not appeare unto us that the said Doctor and M^rs Carey have as yett received satisfaction for any more then 7918^li 4^s 10^d, in pursuance of the said orders; so as there remaines unsatisfyed 3139^li 13^s 2^d.

3dly. Itt appeares very probable unto us, that the said summe of 7918^li 4^s 10^d allready satisfyed, and the 3139^li 13^s 2^d which remaines unsatisfyed, might cost the D^r in that way which he purchased them 4625^li, or thereabouts; which said summe of 4625^li, if a moyetie thereof had been layd out in the yeare 1655 in debentures, which is alleadged might then have been bought at the best rate for 5^s per ^li, and the other moyety in the year 1656, in debentures, att 6^s per ^li the whole would have come to 14756^li, which is 3698^li more then the Doctor hath been yett lycensed to buy.

4thly. That hee offereth to prove, by the oathes of severall men, that the full profitts of all the lands sett out for his satisfaction exceedeth not, since the 24^th of Aprill, 1657, the summe of 800^li.

Itt allsoe appeares that there hath been three thousand acres redeemed by the said D^r, formerly mortgaged, and that, whilst held by the persons claiming these mortgages, were subject to noe quitt rent, but are thereby now brought into charge as to their future quitt rents, besides above 700^li in money saved to the Commonwealth.

Wee allsoe find that your Lordshipps first orders to the Commissioners for setting out lands (of which the said Doctor was one) did beare date the 20^th of May, 1656, and that any satisfaction hath been made him for his service in that employment appeares not, which is humbly submitted by

Your Lordshipps obedient Servants,

Vin. Gookin.	Ra. King.
Edw. Roberts.	Rob. Jeoffreyes.

Dated the 3^rd of March, 1658.

 

The next day those four who did signe itt came in person to justifie itt, and vivâ voce to answer the objections made against it; and the D^r himselfe petitions to have the benefit of itt, which petition of his was reincountred by the following petition of the said three refusers.

 

to his excellency the lord lieutenant of ireland and their lordshipps of the councill there.

The humble Petition of D^r William Petty,

Sheweth,

That your petitioner hath been damnifyed for serving as a Commissioner for setting out to the army (as by the annexed report appeareth) the summe of 3698^li, besides many other inconveniences.

Hee therfore humbly prays a due reparation thereof, and such reward for his said service as to your Lordshipps shall seeme just.

And he shall pray.W^m. Petty.

 

to his excellency the lord lieutenant and the right honourable the councill.

The humble Petition of the Committee of Officers intrusted by the Army for their Arreares,

Sheweth,

That your petitioners, being ordered by your Lordshipps reference to consider of the allegations in an adresse of D^r William Petty, represented unto this board by the Comissioners for setting forth of lands to the army, for further satisfaction of a debt of 6800^li, which he, the said D^r, alleadgeth to bee due to him, your petitioners did accordingly meet with the rest, and by reason wee could not come to find out what was remaining due to him without respecting what satisfaction he hath allready received, and by what orders, and finding, uppon the papers and orders by him produced, your Lordshipps had still a tender respect that neither the Commonwealth nor the army should bee prejudiced by any his said satisfactions, wee find that the satisfaction he hath received doeth very much tend to the prejudice of both, which hath occasioned our not signing the report.

Your petitioners, therefore, humbly pray that your Lordshipps would be pleased to grant them a further time to draw up their exceptions, wherein will appeare the illegality and irregularity of his proceedings in his former satisfaction, before any further satisfaction be given to the said Doctor.

And your petitioners shall pray.
Ric. Lawrence.
Hen. Fflower. Edw. Warren.

 

Which petition was answered by the Councill as followeth:

 

The petitioners are to attend the board uppon Munday morning next, to pursue and make good the allegation in the within petition mentioned. 4^th of March, 58/9.

Tho. Herbert, Clerk of the Councill.

 

The said officers being backward, as wanting the causes of their exceptions, and exspecting intelligence from their confederates, the D^r, to quicken them, presents the following petition.

 

to his excellency the lord lieutenant and councill.

The humble Petition of D^r William Petty

Sheweth,

That allthough the assembly of officers mett at Dublyn in December last were noe representatives of all the officers and souldiers concerned in arreares, nor doeth it appeare how farr Collonell Lawrence, &c., represent the said assembly, and allthough it can be made appeare that the proceedings now in hand are not for regulation of generall abuses and augmenting the armyes security, but out of designe to mine and disgrace your petitioner, and allthough these proceedings before the Councill are but to prepare and enable your petitioners adversarys to vex him hereafter at law, and the enquiries desired tend only to the same purpose.

That your petitioner, to vindicate himselfe and your Lordshipps who having imployed him, is willing to proceed any wayes, only begging your Lordshipps just care of him in the following particulars, viz^t:

1st. That of the irregularityes alleadged to be in the whole worke of the Comissioners for setting out lands, those which concerne your petitioners owne porticular may bee first scanned, and that such your petitioners irregularityes may bee ascertained in writing, and that such as are parties will vouch the same, exspressing the names of those persons whom they represent in these proceedings.

2dly. That your Lordshipps will putt this cause into such a way of tryall as your petitioner, after sentence one way or other, may be lyable to noe more molestation, but may have reparation for the defamations he hath or shall suffer, not allowed of by your Lordshipps said sentence, and that there be some security ascertained for this purpose.

3dly. That your petitioner, having justified his owne satisfaction by way of particular appointment, may have his remainder out of such like satisfactions formerly made unto and procured by the officers of the army, and especially out of theires who have signed any of the late petitions or have acted uppon them, or who were present at their meetings, not having protested against them.

4thly. That if your Lordshipps doubt of the right which his Highness hath to the enhauncements uppon dear termes assigned to your petitioners by your Lordshipps, your Lordshipps would give him leave to make good the same in the Exchequer, allowing your petitioner halfe for the said discovery, and that in the meane time your Lordshipps, withdrawing your allowance of them to your petitioner, would give him leave to putt in debentures in lieu of them, such as have been satisfyed to many others.

5thly. That after your petitioners adversaryes have made what search they please in the office of Commissioners for setting out lands, in order to a charge against your petitioner, that then noe further use may be made or required of the bookes and papers of the said office, excepting such as were delivered out of other offices thereinto, untill your petitioner have an allowance and quantum meruit of the said bookes, &c.

6thly. That all proceedings, since the 1^st of December last untill your Lordshipps sentence hereuppon, may be published in print, and that some indifferent notary bee forthwith appointed to that purpose; and that your Lordshipps would consider that without this, these proceedings, which may bee a ruine to your petitioner, will be but sport to his adversaryes, allthough they miscarry, they staking nothing to your petitioners whole estate and reputation.

And he shall pray,
William Petty.

 

By the Lord Lieutenant and Councill.

Ordered,

That Collonell Richard Lawrence, Lieutenant-Collonell Fflower, Captain Joseph Deane, Captain Edward Warren, Captain Shaw, and the rest of the officers who have complained against the undue proceedings of D^r Petty in order to his satisfaction, be permitted to take copies of such orders as have been granted by this board as the pretended ground and lycense of such the said D^rs satisfaction, or other orders relating to this bussinesse, and that they prepare a charge under their hands, to bee delivered unto Sir Thomas Herbert, Knight, one of the clerkes of the Councill, on Monday next, against the said D^r Petty, as they shall find cause. Dated at the Councill chamber in Dublyn, the 11^th of March, 1658.

Tho. Herbert, Clerk of the Councill.

 

In consequence whereof they present another petition.

 

to his excellency the lord lieutenant and councill of ireland.

The humble Petition of the Committee of Officers

Sheweth,

That your petitioners, in observance of your Lordshipps order bearing date the 10^th day of March instant, did repaire to Commissioners office for setting out lands, exspecting there to have had a view or copies of such papers as were necessary for the enabling of them to performe the worke required at our hands by the said order, and desired a copie of D^rs Pettyes accompt, with his petition and reasons thereunto annexed, offered to our consideration by your Lordshipps, uppon which the late report to this board and our exceptions were grounded; but the D^r is not willing to lett us have any further view of the said papers.

Wherefore wee humbly pray your Lordshipps further order that the said papers, with what other papers, books, or mapps of survey as wee shall have occasion for from time to time, may be shewed unto us, and wee admitted to copie the same, if wee shall find cause, which wee judge is noe less then your Lordshipps former order did allow of, but not consented unto by the Doctor, in regard the same is not clearely exsprest.

Ric. Lawrence.	Hen Flower.
Jos. Deane.	Edw. Warren.

 

By the Lord Lieutenant and Councill.

The Lord Lieutenant and Councill, adhearing to their former of the 10^th instant, exspect the charge therein mentioned, and formerly delivered by word of mouth from Collonell Lawrence unto this board, to [bee] brought in on Wednesday morning next. Dated att the Councill chamber, Dublyn, the 14^th of March, 1658.

Tho. Herbert, Clerk of the Councill.

 

On the 15^th ditto their charge called exceptions comes in, viz^t:

 

To his Excellency the Lord Lieutenant and the Right Honourable the Councill of Ireland.

In obedience to your Lordshipps orders, requiring us to give in our exceptions in writeing concerning the satisfaction had and desired by D^r William Petty, and of our not signing the report, wee humbly tender them by him drawne, viz^t:

1st. It doth not appeare to us, having inspected into the nature of the satisfaction he hath allready had, and what he further demands, that there is any such legall debt due to the said Doctor as 11059^li, his whole debentures purchased, as given in to us and alleadged to be all amounting to noe more then 3225^li 15^s 7½^d, or thereaboutes.

2ndly. Itt appeares by the list lately given in to us, that the lands which the D^r is now possessed of in the three provinces, according to the Act rates, amount to 8724^li 11^s, or thereaboutes, which, if sett out according to the quota of ⁵⁄₇, which hath been the knowne rule of the army, would pay 11210^li, or thereaboutes.

3rdly. That the said Doctor hath endeavoured to charge uppon the armyes security a debt of about 7000^li, which is forreigne thereunto; and, as wee hope to prove, ought not to be charged thereon.

4thly. That the said Doctor hath reserved out of the generall string severall choice places from diverse of the respective lotts, uppon which there were noe incumbrances, whereby the quota of the army was much lessened, soe that the lots of Leinster and Ulster fell short of their five seavenths two shillings per pound; and notwithstanding the D^r was afterwards much importuned by severall persons in whose lotts the said lands lay, that he would sett them out as cleer lands, yett he refused the same, and afterwards converted them to his owne use.

5thly. That the D^r hath taken to himselfe the benefitt of the enhaunced rates of the army without their consent, not having right thereunto, to the great prejudice of the State and army.

6thly. That the favour that was intended by His late Highness to repaire the Wexford lott for such lands as were given out to Generall Monke, the said D^r hath taken their benefitt and advantage thereof to himselfe, without right thereunto.

7thly. That allthough the Doctor, in the sume exsprest in the first exception, having purchased a sixth part of severall regiments lotts that should have been satisfyed in the barren lands admeasured by him in Kerrey, which, for the badness thereof, would not bee owned by the regiments, did, after the said purchase, and contrary to the intent of your Lordshipps order, dated the 15^th of Ffebruary, 1657, transferr the said satisfaction into other cheif places.

8thly, And whereas the army, desiring to free this honourable board and themselves from the trouble of many reprizalls, did voluntarily consent and agree to leave out of their generall string all dubiouse and incumbred lands, uppon consideration that the said lands would be a good reserve for reprizalls to their respective lotts, in case of deficiency, or otherwise advantagiouse to such of themselves as should happen, through any mistake in the practise of their subdivisions, to fall short of equall satisfaction of their remaining debt; the said D^r, notwithstanding, against all right, has disappointed them in the ends afforesaid, by converting severall choice places of that reserve to his owne use.

9thly. That the said D^r hath gathered up the fragments of the armyes pence and perches that were quitt to the State, and endeavoured to charge the same on the armyes security. All which is humbly tendered to your Lordshipps consideration by

Your Lordshipps most humble Servants,

Ric. Lawrence.	Hen. Fflower.
Edw. Warren.	Jos. Deane.
Will. Shaw.

March 15^th,
1658.

 

On the 18^th ditto, the D^r putts in an answer:

 

to his excellency the lord lieutenant and councill.

The Answer of D^r William Petty to a Paper endorsed, Exceptions against Doctor William Petty, consisting of nine Articles putt in the 15^th of March instant, directed to your Excellency and Lordshipps, and signed Ric. Lawrence, Hen. Fflower, Edw^d. Warren, Jos. Deane, and William Shaw.

To the preamble running in these words, viz^t:

In obedience to your Lordshipps order, requiring us to give in our exceptions in writeing, concerning the satisfaction had and desired by D^r William Petty, and of our not signing the report, wee humbly tender them by him drawne, viz^t:

I say that the nine articles of the said paper doe not seeme to be reasons against the truth of the report signed by Mr. Gookin, Mr. Roberts, Mr. King, Mr. Jeoffreys, and by them presented to your Excellency and Lordshipps, the 3^d of this moneth, wherein they certifie

1st. That I had lycense to purchase lands for 11059^li.

2dly. That the lands I have, or the debentures which I have or must have to that purchase, have and will very probably cost 4625^li.

3dly. That I might have laid out the said sume of 3698^li to better advantage by an ordinary way.

4thly. That 3000 acres of land have been brought under quitt rents to the State.

5thly. That the State hath gained above 700^li in money by the way of my satisfaction.

6thly. That my satisfaction hath not produced 800^li profitt in two yeares.

7thly. That I have had nothing for my service in setting out lands.

And consequently, I say that as the said nine articles neither are nor were by the subscribers declared to be their reasons against their signing the said report, soe are they not reasons against the demands of a further satisfaction by me made, the 17^th of Ffebruary last, to the Commissioners for setting out lands, and by them presented to your Lordshipps, and by your Lordshipps referred, among others, to the subscribers of the said nine articles by your order of the 21^th of Ffebruary.

 

To the first articles, running in these words, viz^t:

Itt doeth not appeare unto us, having inspected into the nature of the satisfaction he hath allready had, and what he further demands, that there is any such legall debt due to the said Doctor as 11059^li, his whole debentures purchased, as given in to us, and alleadged to be all, amounting to noe more then 3225^li 15^s 7½^d, or thereaboutes,

I answer:

That I never alleadged that 11059^li was due unto mee, but that I had lycense to purchase land to that value, according to the rates that other men paid, nor did I say that 3225^li 15^s 1^d were all the debentures I had.

 

To the second article, running in the words, viz^t:

Itt appeares by the list lately given into to us, that the lands which the Doctor is now possessed of in the three provinces, according to the Act rates, amounts to 8724^li 11^s or thereaboutes, which, if sett out according to the quota of ⁵⁄₇, which have been the knowne rule of the army, would pay 11210^li, or thereabouts,

I answer:

That the lands which I am possessed off, at the same rates which other men paid, come but to 7458^li, which is the ⁵⁄₇ of but 10441^li, soe as I am over charged 1267^li.

 

To the third article, running in these words, viz^t:

That the Doctor hath endeavoured to charge uppon the armyes security a debt of about 7000^li, which is forreigne thereunto, and, as wee hope to prove, ought not to be charged thereon,

I answer:

That I endeavoured not, much less did charge, 7000^li forreigne, as is alledged, only I had my whole proportion of land cheaper then other men, but not cheaper then the State could afford it, by 4581^li, uppon account of 3181^li due to mee for arreares of admeasurement, and allowed to be paid me as debenture by your Lordshipps order of the 16^th of March, 1656, and allsoe uppon accompt of 1400^li, the price of redeeming 2000 acres in Leinster, and 1000 acres in Ullster by me disincumbred, according to another order of the 20^th of May following, for which 4581^li, satisfyed as debenture, I am out of purse 1974^li, and more ready money, which sume, with what my debentures placed on the premisses cost, being 1088^li, makes 3062^li wherewith, att six shillings per pound, I might have bought 10206^li debentures, wheroff the ⁵⁄₇ is 7290^li, viz^t, but 168^li less then 7458^li, the value of all my lands; soe that I have saved hereby but 50^li, the price of 168^li in debentures, to ballance all my charge and trouble in proceeding this singular and extraordinary method of satisfaction, which my employment forced me uppon, and which is the only cause of the jealousies now uppon me, as allsoe to ballance the loss of opportunityes anno 1655.

M^d. That odd shillings and pence are omitted in the premisses, for the more easie comprehension of the accompt.

 

To the fourth article, running in these words, viz^t:

That the said D^r hath reserved out of the generall string severall choice places from diverse of the respective lotts uppon which there were noe incumbrances, whereby the quota of the army was much lessened, soe that the lotts of Leinster and Ulster fell short of their 5 sevenths two shillings per pound; and notwithstanding the D^r was afterwards much importuned by severall persons, in whose lotts the said lands lay, that he would sett them out as cleare lands, yet he refused the same, and afterwards converted them to his owne use;

I answer:

1st. That I neither reserved nor withheld from the string of my selfe, but with my fellow Commissioners, and that, 1^st, according to law; 2^dly, the Councill order; 3^dly, former late preceedents; 4^thly, the armyes approbation; 5^thly, necessary reason; 6^thly, as to the manner, without possibility of fraud.

2dly. Noe place or land was reserved by choice, viz^t, neither for its goodness or badness, nor for being more or less incumbred or dubiouse, but for being under certaine generall rules agreed uppon and allowed. Nor was that worke of neating and ascertainement of forfeited lands executed by the Commissioners themselves, but by their clerke and others, without any particular private direction from the Commissioners, as I beleive; I am sure not from my selfe in the least.

3dly. They did not well who tampered with and importuned any single Comissioner for any thing; nor was I to blame for not being wrought uppon by those meanes, but the Commissioners did justly and prudently in disappointing those who pressed for reserved lands in the manner alledged.

 

To the fifth article, running in these words—

That the D^r hath taken to himselfe the benefitts of the enhaunced rates of the army, without their consent, not having right thereunto, to the great prejudice of the State and army—

I answer:

1st. I never tooke any thing of my selfe, but by the hands and seales of the Commissioners, both according to their generall commission and particular order, who acted uppon their oaths, and were trustees of the army as well as Comissioners of the State.

2dly. I have not the enhancements, nor have I any enhauncements wherewith the officers and souldiers have to doe, or whereby the State is damnifyed, or without the States order.

 

To the sixth article, running in these words, viz^t:

That the favour that was intended by his late Highness, to repaire the Wexford lott for such lands as were given out to Generall Moncke, the said D^r hath taken the benefitt and advantage thereof for himselfe, without right thereunto—

I answer:

That the north liberties of Limricke did by law belong to the Wexford lott, and with debentures belonging to that lott I purchased them, allthough I had authority to have applyed any other debentures for service since 1649 thereunto, viz^t, by the order of your Lordshipps, 5^th Ffebruary, 1657/8.

 

To the seaventh article, running in these words—

That the D^r, in the summe exsprest in the first exception, having purchased a sixth part of severall regiments lotts that should have been satisfyed in the barren lands admeasured by him in Kerrey, which for the badness thereof would not bee owned by the regiments, did after the said purchase, and contrary to the intent of your Lordshipps order, dated the [5^th Ffebr.], 1657, transferr the said satisfactions into other choice places—

I answer:

The sixths of debentures which I purchased had neither any particular satisfaction assigned to them, nor did they accept of Kerrey; nevertheless, I tooke satisfaction for such debentures in the coursest barrony of Kerrey, which I needed not to have done. And in confining my choice to one miserable barrony, who might have chosen in all the three provinces, I was not immodest.

 

To the eight article, running in these words, viz^t:

That whereas the army, desiring to free this honourable board and themselves from the trouble of many reprizalls, did voluntarily consent and agree to leave out of their generall string all dubiouse and incumbred lands, uppon consideration that the said lands would be a good reserve for reprizes to their respective lotts, in case of deficiency, or otherwise advantagiouse to such of them as should, through any mistake in the practise of their subdivisions, fall short of equall satisfaction, or, in case none should fall out, it would remaine as good security towards satisfaction of their remaining debts, the said D^r, notwithstanding, against all right, hath disappointed them in the end afforesaid, by converting severall choice places of that reserve to his owne use—

I answer:

The worke of neating or ascertaining of lands was not instituted or practized by vertue of any capitulation with the souldiery, but by prescript of the law, order of the Councill, &c., as afforesaid.

 

To the ninth article, running in these words, viz^t:

That the said D^r hath gathered up the fragments of the armyes perch and pence, and that were quitt to the State, and endeavoured to charge the same uppon the armyes security—

I answer:

That I gathered up but what the army had quitted to the State; I must answer that to the State, not them.

 

From all which I humbly inferr:

1st. That I possess noe land without order from lawfull authority.

2dly. That the lands I have did cost me more proportionably then others usually have paid.

3dly. That I have noe advantages, as to the manner of my satisfaction, but what my present accusers and many others have procured for themselves, and doe enjoy; and this I say, not as recrimination, but as an argument ad hominem.

4thly. That the way of my satisfaction is neither contrary to law or equity, only itt is singular and extraordinary that I did not choose this way, but was forced into it, to avoid scandall in my employment, not having dealt for lands or debentures till three monethes after the body of the army was satisfyed; yet this was dearer, less safe, more lyeable to jealousie, then the common, and therefore allsoe not chosen by me, and is such away as I am willing to change for the common way, as I have severall times proffered to doe, both of late and heretofore.

5thly. That my care to avoyd scandall as afforesaid, and my service as a Comissioner, hindered me from laying out my money to neer 3700^li more advantage then now I have made by itt.

6thly. That I have received nothing for my three yeares labour and misery, but am exsposed to calumny, &c., for my reward, and that the State have gained well by the very manner of my satisfaction. All which, reserving the liberty of further answer, is submitted by

Your Lordshipps obedient Servant,
William Petty.

Dated the 18^th of March,
1658/9.

An Accompt relating to the Proofe and cleering of D^r William Pettyes Answer to the third of the nine Articles of Exception against the said Doctor.

There was due unto the said Doctor, as the arreares of one penny per acre, due from the souldiery for their admea- surements,	$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,}$	3181li
The price of 2000 acres of land in Leinster, and one thou- sand in Ulster, at the Act rates,	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	1400
		4581
Paid by the said Dr for the abovementioned arreares of pence,		711
Paid for clearing the above 3000 acres of lands from incum- brances,	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	1263
		1974
1877li, the 5⁄7 of debentures. 1000 ———   full debentures. 4581 ———   extr. 7458li
1877li is 5⁄7 of 2627li debentures; the which, with 1000li more, makes 3627li debentures, which, at 6s per li, will cost,	$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,}$	1088
The said 711li and 1263li, with the said 1088lli, making in all 3062li, is the price in ready money of the lands sett out to the Dr, the which, according to the rates which other men have paid in the same places respectively, doe amount unto, in value,	$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \ \end{matrix}}\right\}\,}$	7458 which is the 5⁄7 of 10441li
The price of 7458li in lands, being 3062li, as afforesaid, in ready money, would, att six shillings per pound, have purchased of debentures,	$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,}$	10206li of which the 5⁄7 is 7290li
The difference betweene the said 7458li, which the said Doctor hath, and 7290li, which, by the ordinary way, he might have had, is 168li in debentures, which, att six shillings per pound, comes to	$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \ \end{matrix}}\right\}\,}$	50li

These calculations are true, odd money for ease excepted, and is answerable to the report of Mr. Roberts, Mr. Gookin, &c. Dated the 3^d of March, 1658.

Hereuppon, Munday, the 4^th of Aprill, 1659, but afterwards Thursday, the 7^th of the same, is appointed for an hearing before the Councill.

 

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