History of the Down Survey (Petty 1851)/18
CHAPTER XVIII.
ON Sunday, the third of Aprill, the Doctor receives the following letter, and other proceedings from the Parliament, Sir Hierome Sankey comming over the same time to seeke evidence for his wild assertions:
- For Dr William Petty, one of the Members of Parliament, and one of the Clerks of the Councill in Ireland,
These.
Dublyn.
Sir,—According to the resolutions of the knights, cittizens, and burgesses in Parliament assembled, made on Thursday, the 24th of this instant March, the coppies whereoff I herewith send you, I am to acquaint you that you are to attend the House, Thursday, the 21th of Aprill next; and I doe herein likewise send you enclosed a coppy of certaine articles brought into the House against you, and by their order read on Thursday last; being all in command to you from the Parliament at the present, I bid you farewell, and am,
Sir, your loving friend,
Tho. Bampfield, Speaker.
Westminster, the
26th of March, 1659.
Thursday, the 24th of March, 1658
Sir Hierome Sankey presented to the House a paper signed with his owne hand, concerning Dr Petty, one of the members of this House.
Resolved, &c.
That the paper presented to the House by Sir Hierome Sankey, under his hand, concerning Dr Petty, be now read.
The paper was read accordingly, and was subscribed Hie. Sankey, and was entituled Articles of Misdemeanour and Breach of Trust, against Dr William Petty, elected to serve in this House as a Member of Parliament.
Resolved, &c.
That Dr William Petty, Dr of Physick, a member of this House, be appointed to attend the House on this day moneth.
Resolved, &c.
That a coppy of the articles now brought in against Dr Petty be sent unto him into Ireland, and that Mr. Speaker doe signe a letter directed to Dr Petty, with a copie of the articles to bee inclosed therein, and sent to him.
Resolved, &c.
That Sir Hierome Sankey, or such as he shall thinke fitt to imploy in that behalfe, shall have recourse to such records as are in Ireland, and may have true and authentique copies of such of them as shall be desired and thought necessary to make good the articles now brought in against Dr Petty.
Jo. Smith, Clerk of the Parliaments
to attend the Commons.
Articles of Misdemeanours and Breach of Trust, against Dr William Petty, elected to serve in this House as a Member of Parliament.
1st. That the said Dr hath received great bribes.
2dly. That, contrary to the Act 165[3], ch. 12, page 249, in Scobells Colleclections, he hath made itt his trade to purchase a vast number of debentures, hee himselfe being the then chief surveyor; and hath used all other meanes to necessitate others to sell their debentures to him, or else denied to sett them out their lands.
3dly. That by fraudulent and indirect meanes he hath gott into his hands vast summes of money from the State, possest himselfe of many thousand acres of land that he hath noe right unto, having noe claime thereto by lott or consent.
4thly. That he used many foule and unwarrantable practises during his employment of being surveyor and Commissioner, to the great wrong of others, and dishonour of the Commonwealth.
5thly. That he, the said Dr, together with his fellow Commissioners, have placed many debentures uppon security that they had noe claime unto, and denyed unto others the security which of right belonged to them.
6thly. That he, the said Doctor, together with his fellow Commissioners, have totally disposed of the remaining part of the armyes security, contrary to law, the debt still remaining and chargeable uppon the State.
Hie. Sankey.
These things being att this pass, the said seaven officers, supposing that, in the Drs being thus sent for, his Excellency himselfe was strucke att, and that hee would thinke what was done was rather in order to some great matter, which indeed was the common opinion, came to the then Lord Lieutenant protesting and calling God to witness, that what Sankey had done was by noe advice or consent of theirs; that the Drs oppression would be their great greife and loss, he being one without whome they could not proceed in the rest of their distribution; and their only intention was to shew his Lordshipp such irregularityes in his actings as might procure reproofe enough whereby to take of that insolency and domination wherewith he managed that affaire; and that themselves had nothing to say but what was in their exceptions exhibited to the Councill, nor would they meddle or make further in the bussiness.
Notwithstanding all which, they mett dayly; sent up and downe to all manner of discontented persons, far and neer; used all meanes to draw out of every what he could devise to say; revived discontents in those who had cleered accompts with the Doctor some yeares before; sent for Worseley, the late Surveyor-General, his professed enemy; tampered with his servants, especially the most indigent of them; entertained lawyers; and, in fine, did whatever could be thought on, to putt weapons into the hands of this furiouse Knight.
On the other side, the Dr prepares himselfe to goe over to answer the charge, carryeth with him such letters of recommendation as his good friends were pleased to load him with. He came to London the 17th of Aprill, tooke his place in the House the 19th, and on the 21th, in the morning, before he had delivered two of his said many letters, answered, or rather spake to his charge, to the following purpose:
Mr. Speaker,—I received your letter, whereby I am appointed to attend this House as this day. I am here in obedience to those summons, and to receive the further pleasure of this House. I did, Sir, with your letter, receive certaine articles brought in against me by Sir Hierome Sankey, but doe not perceive I was required to prepare any answer to them; for indeed I thinke it is impossible to give any, those articles being soe generall and confused; for the substance of them is, that I received great bribes, bought great numbers of debentures, unwarrantably cousened the State of vast sums of money, the soldiers of vast scopes of land, and that I and my fellow Commissioners have used many foule and unwarrantable practises in our employment, but without any mention of time, place, person, or other circumstances whereby I might understand what this charge meanes.
Wherefore, Mr Speaker, I desire your pardon if I make noe answer to itt, otherwise then to tell you, in generall, I am not guilty of a title. I promise you, Sir, I shall be ready, at a very short warning, to give you an answer to any particular complaint that I ever heard so much as murmured against me. And truly. Sir, I am not ashamed to tell you that within this three yeares I have heard very many, but, I thank God, chiefly from those who are jealouse and querulous uppon all occasions, and who are practised in a way of protesting against other dispensations of justice, as well as those wherein I have acted. I tould you. Sir, I should make noe answer to this charge; nevertheless, I shall make soe much use of these articles as to take them as a theame and a hint whereuppon to acquaint you with my carriage in matters of this nature; nor shall I uppon this occasion scorne to follow the absurd method of the articles themselves, in my discourses upon them.
Wherefore, uppon the first article, which is, that I received great bribes, I say:
That allthough I had the honour to be secretary to his Excellency the Lord Lieutenant in Ireland, in which capacity severall warrants and orders for the disposing of beneficiall offices, church livings, exemption from transplantation, pardons of crimes, and severall grants of land, have past through my hands, yett I assure you, Sir, that I have not made profitt enough to defray the incident charges of that office, not having demanded the ancient and accustomed fees belonging to it, and meerely uppon the accompt of preserving his Excellencyes honour cleare, and my selfe free from the least appearances of this evill.
I am likewise, Sir, clerke of the Councill, in which capacity tis obviouse that wee have the meanes to fore-slow or forward mens bussiness, to exspress the sence of the board in words of more or less advantage to the suitor; besides, their Lordshipps of the Councill are sometimes pleased to require my poor opinion in some cases, especially that concerne disposure of lands. And yett, Mr Speaker, all these opportunitys and temptations have gained to me noe other profitt, perquisite, or priviledge, but the bare salary of that place, notwithstanding wee doe some sometimes extraordinary worke for the accomodation of particular persons.
I am, Mr Speaker, one of the Commissioners for setting out lands to the army, and, as my enviouse adversaries say, the only Commissioner, and dominus factotum in the business, though there be a rash mistake in that; however, Sir, wee distributed as much land as probably might have been sould for a million of ready money. Our rules have been such as wee have given out lands indifferently, at one and the selfe same rate, which differ in intrinsicke value as much as ten from one; and yett, notwithstanding all these temptations, I have not been swayed to favour by bribery. I have received noe gratuity, not soe much as of eeatables and drinkables; and have been soe sparing in my negotiations uppon matters relating to this trust, that I have allready, and can againe make itt appeare, that I am neer four thousand pounds worse for medling with this employment. I say, Mr Speaker, near ffour thousand pounds of pecuniary damage, besides a thousand other inconveniencies, whereof this great accusation is but one.
As to the second, which is, that I have made it a trade to buy vast numbers of debentures when I was chief surveyor, contrary to the proviso of the Act of Satisfaction, and that I have by injuriouse artifices necessitated men to sell their debentures, or else to deny them satisfaction, uppon which article I say,
That the vast number of debentures which I have bought are under 7000li; that I have been soe farr from making a trade of it, that I doe not remember from whome a tenth part of them were bought. I was never surveyor by office, but undertaker by contract, and rather a contriver of the way and method how many surveyors should worke, then a surveyor myselfe, having never given any particular directions aforehand, nor made any alteration in their worke afterwards. I never medled with lands or debentures till this surveyorship, such as it was, was at an end; and then, and when the distribution alsoe was over, I got an exspress and legall leave to buy more debentures then I did. I have, Mr Speaker, been superstitiously carefull of this proviso of the Act of Parliament, wherewith I have been long acquainted, uppon the occasion of other concernements as well as my owne. As for necessitating to sell, I conceive that was not possible ex natura rei, much less to sell to me. The debentures I bought were of such men as bought to sell againe; I paid prizes, as if I had been necessitated to buy. And as for refusing to sett out lands, I say that all debentures that possibly could bee drawne, by proclamation after proclamation, within about ten moneths time, were satisfyed in the freest, most generall, and regular way imaginable. Besides, Sir, there were four Commissioners for setting out lands, any two making a quorum; so that in effect there were three quorums of Commissioners besides my selfe, any whereoff could have sett out lands without me.
To the third article, which is, that by fraudulent and indirect meanes I have gotten into my hands vast summes of money from the State, and possest my selfe of many thousand acres of land whereunto I have noe right, I say that I never had any money from the State by way of gift or donation, but only by contract; that such contract was the dayly worke, for four moneths together, of the Councill, grand committees of officers, committees of artists, admitting the advice of whomesoever thought themselves concerned, and att length reviewed by his Highness councill at law; that I never received money by this contract untill I had first been sufficiently tortured by references, reports, examinations of all kinds; that the summe which I have received exceeds not 17000li; the worke that hath been done for this summe was the admeasurement, ffield by field, of twenty-two countyes, within thirteene monethes time, which was thought the worke of as many yeares. Of this 17000li, the souldiers paid about halfe, and did make this contribution of their owne accord, through my interest with them, and the good opinion they had of my performance. That the survey, as it now lyeth, I verily beleive, will not be left by the State for more money then it cost them, allthough the principall use of it be now over; all which, Sir, have been signes that the State hath not been soe egregiousley cheated as is alledged. Besides, Sir, itt seemes a foule reflection, not only uppon the present Lord Lieutenant, but uppon the late Lord Deputy Ffleetwood, as allsoe uppon the Councill, the surveyor, auditor, receiver, and Atturney-Generall, and severall other ministers of State, that they should bee soe frequently and soe grossely cousenned by me of such vast summes; nor is it less arrogance for any one stranger in these affaires, not famouse for his sagacity, to smell out those frauds and cousenages, which soe many ministers of State, acting in their proper spheares, could not.
As to the many acres of land I am posessed of, I tould you, Mr Speaker, that I had dealt for about 7000li in debentures, and I tell you that my lands are but proportionable to my debt, and have cost me more ready money then any man I know hath paid for the like, and that money soe bestowed hath not produced to me halfe soe much as I could have made by itt at the interest usuall in Ireland; besides, I have noe lands but by exspresse order from the proper dispensers of it, and those againe grounded uppon other orders of the cheife authority of Ireland, and their orders, as I am very well advised, correspondent to the laws. I confess. Sir, there is a singularity in the modes of one or two of my satisfactions, but this singularity is a prejudice to noe man but my selfe, a convenience to some and an advantage to the State, and is such as I have offered to change into the high common road of other mens satisfactions, which hath been opposed by some peevish and forward persons, meerely out of hopes to make that singularity appeare a crime against mee.
As to the fourth article, which is that I have used, both as surveyor and Commissioner, many foule and unwarrantable practises, to the wrong of particular persons, and dishonour of the Commonwealth: to this, Mr. Speaker, being so generall, I know not what answer to make; only lett me tell you, I should be glad to see one instance of this nature made good in the same manner, as to see some extraordinary rarity of art or nature, allthough it were to my cost or damage; ffor, Sir, if I have not been in a dream these three or four yeares, and drunk with selfe conceit, the practises which I have used, both as surveyor and Commissioner, are such as I can glory in, that is to say, to have admeasured, as I told you, twenty-two countyes in thirteene moneths time, with the chaine and instrument; to have done this by the ministery of about one thousand hands, without any suit of law, either with my superiours or with them; to have maintained this survey stiff and stanch against the impugnation of some thousand diligent find-faults; to have freed my selfe and suretyes by the consent and mediation of ffourty-five officers of the army, a greater number, Mr. Speaker, then usually voucheth any act called the armyes; to have assigned satisfaction for above twenty thousand debentures in such away as hath admitted of noe chopping and changing afterwards, and soe as a slight coppy out of our booke is accepted in courts of justice as a good evidence, meerly by virtue of the naturall justice and validity whereuppon itt stands. To have done this under the eye of the cheife authority, without ever receiving any checque or reproofe for what was done, or without being bid soe much as to take heed, or doe soe noe more, and, which is more than all, Mr. Speaker, that God gave me courrage to oppose the greatest persons, though allways with due respect to their condition, meerly to maintaine strickness of rule, allthough, Sir, those worthy persons have afterwards accompted our severity their security, and have thanked us for itt. The truth of it is, Mr. Speaker, this kind of severity to those that could not beare it hath made us enemyes, whereas corrupt partiallity would have made us a kind of friends: and this is not the course of corrupt and guilty ministers.
And as to the two last, which concerne the other Commissioners as well as my selfe, and indeed soe doe many of the others, I shall say nothing to them more then to tell you that my fellow Commissioners are grave persons, men of tryed knowledge and integrity, not apt to deceive, or easy to be deceived. Mr. Speaker, they are men that scorne to bee lead by the nose by any man, much less by such a youngster as I am. I will not deprive them of the honour to vindicate themselves, if there be occasion, only I shall say a word to the last of these articles, which indeed is more capable of answer then any of the rest.
Tis said that all the security of the army is totally disposed of, but is notoriousely knowne, that of lands good and bad three hundred thousand acres yet remaine; and whereas tis said the debt is still left uppon the State, I tell you that the lands which have been sett out have paid as much debt as is chargeable uppon them by the law; insoemuch as my enemyes, whose ignorance is of a contrary nature to this gentlemans, complain that the lands sett out have been extended to pay too much debt.
Here you have, Sir, my generall observations uppon this generall charge; I have given you allegation against allegation, allthough, Sir, I am ashamed to use that way of defence; but, as it hath been your patience to hear me make them, soe I shall esteeme it my honour and advantage to bee putt to prove them, even to a title.
Having spoken to my accusation, I should say something to my accuser; but flesh and bloud being too prone to recrimination, especially when there is much matter for itt, I shall forbeare; besides, Sir, it is not necessary I should describe him, for if a man hold up his hand, or any other object, between the sun and a white smooth wall, without any art or industry, the shape and proportion of hand or object will appeare uppon the wall, though blacke and deformed. Soe, Sir, I presume that when this person is placed betweene the light and the unprejudiced smoothness of this House, his shape and dimensions will appeare in like manner.
Mr. Speaker, there is more of malice and crooked designe in this business then every man is aware of, and truly I beleive more then this gentleman is capable to conceive himselfe, therefore I desire you to have a care of me, both as a man and as a member of this House, at least for a while, untill you know me and my business further. My employments have made me many enemyes, nor have I had the opportunity to make scarce any friends. The adventurers for lands in Ireland have, with much artifice, been wrought into an opinion that I am their enemy, which I am not. I have, Sir, been industriouse to serve them, and the settlement of the nation in their affaire, ffor which the better part of them give me thanks; I have offended the imaginations of some jealouse persons, in order to doe common justice and right unto all: let them not offend me but upon like grounds.
I have, Sir, been so weary of the calumnies I lye under, that I have often endeavoured to bring my selfe to a tryall, and I was to have been tryed and heard within three or four dayes after I received your summons; but my adversaryes have done more for me then I was able to doe for my selfe, they have brought me to the best tryall, to the highest and noblest judicature: I say, they have brought me to this fountaine of justice, and I willingly throw my selfe into it, to bee washt from all that is foule and superfluouse about me.
As for the manner of my tryall and vindication, I committ it to the wisedome and justice of this House. Nor am I sollicitouse about the event of it. I have been in towne this four dayes without having spoken to any member concerning the meritt of my cause. I have advised with noe lawyer, allthough I have retained severall. I have been only studiouse to recollect what I have been doeing this three or four yeares, which might occasion this heavy charge; but, Mr. Speaker, I can remember noe fact whereof I am either afraid or ashamed. Wherefore my earnest motion is, that instead of these heapes of calumnies and reproach, I may receive a more distinct and particular charge, whereby I may bee putt in a way to vindicate my selfe effectually.
Having ended this discourse, the knight replyed, as neer as the memory of such as were present can recollect, much to the following purpose, and even the very words, holding many papers in his hand, vizt:
Mr. Speaker,
Sir H. Sankys reply.You have heard here a long, starcht, studied speech; I say, a starch, studied peice. Mr. Speaker, there has been a great deale of rhetorique; I say, a great deale of rhetorique. But I will prove my charge: I will make it good, Mr. Speaker, from the front to the reare, front, flanke, and reare; Mr. Speaker, that I will. I have not much rhetorique, but I have my papers here; I have fetched them here from Dublyn; here they be in my hand; I have them ready, Mr. Speaker. Here be foule things; I will prove them. I warrant I'll prove them, Mr. Speaker. He says, Mr. Speaker, that he hath not taken bribes—not bribes? O strange! Really if he hasnt taken bribes, then he hath taken nothing. Not bribes!—sure he hath lost his memory! I thought he would have confest that. If he had but as good a memory as he has confidence, hee would confess that, Mr. Speaker: hee must have confidence. Really, he wants it; for I have foule things in these papers here. Not bribes? Mr. Speaker! Why, there was Lieut.-Collonell Fflower, Mr. Speaker, gave him a bribe. Lieut.-Collonell Fflower came to him with an order for land, and the Dr asked him what he would give him; Lieut.-Collonell Fflower said 100li, but the Doctor said, Pish! pish! Fflower, willt thou give me noe more; thou shallt give me 100li a year, Fflower, that thou shalt; and soe, Mr. Speaker, Lieut.-Collonell Fflower gave him 100li a year for a bribe. In my judgement, now, this was a bribe: for what was it else, Mr. Speaker? And, Mr. Speaker, there was Captain Sands. Captain Sands came for a reprizall; but, said the Doctor to him, will you give me your house, then? His house in Oxman-towne, Mr. Speaker, next to Sir Robert Meredith there. Will you give me your house, Captain Sands? said the Dr. Now if this was not a bribe, twas an inducement to a bribe. Soe Captain Sands was glad to give to the Dr his house in Oxman-towne, that he bought of Adjutant-Generall Allen, and to make a writing for it; but afterwards Captain Sands would have his writeing againe, and the Doctor would not give it him; soe they fell to strugling, and Captain Sands was glad to teare the writings all to peices. I say, Mr. Speaker, this was an inducement to a bribe; but I have fouler things in my papers here that I brought from Dublyn; I say, from Dublyn, Mr. Speaker.
Whilst he went on at this rate, the House fell a talking one with another, till at length one, who had some other business to move, desired that the gentleman might bring in his charge in writing; but another answered, that the gentleman had his papers, and that all was in writing allready. Another moved he might have time allowed to understand his papers. Another, fearing when Sir Hierome had done, that something of an ill nature would bee moved, desired that Sir Hierome might proceed. This motion seemed to Sir Hierome like Assuerus holding out the golden sceptre to Esther. Whereas he suddenly rose up againe, and said:—Why, then, Mr Speaker, there is Captaine Winkworth came with an order for the liberties of Limrericke; but the Doctor said, Captaine, will you sell? will you sell? Noe, said the Captaine, tis the price of my bloud. Then said the Doctor, tis bravely said; why, then, my noble Captaine, the liberties of Limricke are meat for your masters, meaning the Lord Deputy. Now, Mr Speaker, who dishonoures my Lord Deputy, the Doctor or I? In my judgement, now, the Doctor doeth. Then, Mr Speaker, comes Lieut.-Collonell Brayfield for land; but the Doctor asked whether he would sell? He said. No. Then said the Dr, Litleman, Litleman, there is land for you beyond the moone. I have more yett, Mr Speaker; there bee fouler things yett; this is but halfe.
Hereabouts interposes another, saying, Mr Speaker, I admire you soe much forgott your selfe as to hearken to these private quarrells, and neglect the publicke. Another, who himselfe used to speake like Sir Hierome, and loved such discourse, desired the gentleman might proceed.
Sir Hierome starts up then, and said:—Mr Speaker, I must speake, for I have foule things. Why, there is Balleboy, the barony of Balleboy, Mr Speaker; the Dr has 7000 acres in the barony of Balleboy, that he has noe right to. And then there is the od pence, that he has taken them all to make his debt swell; he has 18000 acres, and his debentures come but to about 5000 acres. Ffor our debentures, Mr Speaker, comes many times to five shillings two pence; hee takes the 2d to himselfe, and pays only 5s. Then there is another thing, Mr Speaker, I have it here in my papers, and that is Straffords survey; the Dr gives in a duplicate of Straffords survey, which never cost him 20li, and receives 1100li for itt. These bee foule things.
Here another moved againe, that he might putt his charge in writing, and that the House might proceed to the business of the day; which motion, the House being weary in exspecting some materiall thing, was seconded, and a weeks time allowed Sir Hierome to put his charge in writing.
Vpp starts Sir Hierome againe, and said, Mr Speaker, I have but one more short motion to make, which is, that all the originall mapps and books of reference which the Dr keepes, contrary to the Act of Parliament, may be brought into the Exchequer; for those are the bookes uppon which wee hold our estates, those are the records; and if wee have not those, Mr Speaker, wee may be all undone.
Hereuppon the Dr answered, saying: Mr Speaker, the surveys uppon which the souldiers deeds are and must bee grounded are allready delivered into the Exchequer, and are kept there as records. The papers hee mentions are certaine foule draughts of plott, signed by noe man, confused, imperfect, hard to be understood, &c., which might be a distraction in the Exchequer, but are of noe use, the fair and authentique vouched books which have been made out of them being in the Exchequer allready. Besides, Mr Speaker, if these papers were either needfull or due to the State, I wonder why they have not been required any time these two yeares. If the gentleman who desires them hopes to prove any of his articles by them, I am contented they may be secured. Then replyed some friend of Hieromes: But, Mr Speaker, the Act of Parliament requires them. Whereuppon I answered, that the Act required only what was the States owne to be putt into the States hands; I desired it might be first tryed whoose goods those bookes and mapps were; if the States, they should have them at an houres warning; if the Drs, they should buy them of him, at a very reasonable rate.
Soe then it was moved that it might be left to the Lord Lieutenant and Councill of Ireland to dispose of those papers according to law, and ordered accordingly.
This being over, the House fell uppon the militia, and the right of disposing thereof, which debate was resumed in the afternoone; but Sir Hierome was not present, but busied about a more effectuall worke, which was the dissolving of the House that night, wrought from his then Highness, and the next day in effect executed.
The next day after, being Saturday, the House being dissolved. Sir Hierome, meeting the Dr, said he heard he exspected repairations. The Dr told him he did soe. Hee answered that he had not yett done with him, but would have another bout with him before his Highness and Councill. The Dr told him he would waite his summons. By this time they were both come to my Lady Fleetwoods chamber, where my Lord being present, uppon some occasion given, the Dr bid Sir Hierome picke but two or three of the foulest articles, such as he could most easily prove, telling my Lord Ffleetwood that he would stand to his judgement uppon them, or of any others whom his Lordshipp should appoint. But my Lord said they had all their heads too full at that present, but that hereafter he would doe something. The Dr staid a weeke longer, exspecting the summons Sir Hierome spake of, but, finding none, repaired into Ireland, where news was that himselfe was detained in England prisoner; that, all the ports having been laid to take him, he had been stopt. There were allsoe endeavoures to have him sent backe againe into England as a prisoner, pretendedly for not taking notice of what Sir Hierome talked of. He arrived in Ireland about the twelvth of May, and the 16th of June following was employed to carry to the Parliament the then Lord Lieutenants letter of acquiessence.
Some time before, the Doctor having been well assured that new articles were preparing against him, for the long Parliament, he procured the seven officers who corresponded with Sir Hierome to meet, where he propounded to them that whatever was singular or extraordinary in his assignements of land he would translate into the common way, propounding a satisfactory method to put the same in practise, referring itt to the care off authority to provide him a reward some other way for the service he had done the State and army. This was not hearkned to, without opening any reason why it was not; whereuppon hee went into England, spake with Collonell Sanky, found him externally soe civill as to promise him not to attempt any new exsploit without acquainting him with it. Nevertheless, without any such notice, hee putts in the articles, with an intention to deprive the Dr of the benefitt of the Act of Indempnity then in passing; but herein God did disappoint, allmost miraculously, soe that he hath the pardon which he never shall appeare to want; the which articles, with the order of Parliament thereuppon, are as followeth, vizt:
Articles of high Misdemeanours, Frauds, Breach of Trusts, and severall other Crimes, presented against Dr William Petty by Collonell H. Sankey.
1st. That whereas the said the Doctor was, by the late authority of the Lord Lieutenant and Councill of Ireland, intrusted as a Commissioner, with others, for setting forth of the forfeited lands to the officers and souldiers there, according to their severall and respective arreares, the said Doctor, contrary to the said trust, and contrary to all good conscience and right, hath, by his owne arbitrary power, and through the undue complyance of his other fellow 15483a Comissioners, possessed himselfe of fifteene thousand four hundred eighty-three acres of lands, belonging to the souldiers security, which, according to the rate of the Act, and to the quota or rule for satisfaction of the army, doeth amount unto 10188li 12s; whereas, uppon a strict examination and inquisition made by a committee of the army appointed thereunto by an order of the said Councill, it doth appeare that he hath noe right to claime any lands for more then 3480li 18s; to the plaine damage, therefore, of the armyes security, and defrauding the Commonwealth of 6711li 18s, as is ready further to be proved uppon record.
2dly. That whereas the said Dr, uppon his request to the late Lord Lieutenant and Councill, had license from the said Councill, by an order dated the 5th of March, 1656, to redeeme or disengage lands in what place soever he should choose, within the three provinces of Leinster, Munster, and Ulster, not exceeding 1000a in each province, provided that the lands to bee redeemed were mortgaged for more then their value, did, according to their respective rates of the Act, really amount unto, provided allsoe, that nothing were done by occasion of the said redemption to the prejudice of the Comonwealth or of the army; and whereas by severall accompts, as allsoe by severall other papers given in by the said Doctor himselfe, the said Dr uppon his repute hath affirmed that the said redemption did really cost him 1262li 10s. Itt hath allsoe appeared to the said committee, and is ready to be proved, that part of the said lands soe redeemed by the said Dr were mortgaged for such summes as were under the said Act rates; part of the said lands were unduely and collusively gotten by the said Dr by way of fraud or reward, without any money or valuable consideration att all disburst for them; and part of the said lands were wrested by the power of the said Dr out of the hands of an officer of the army, to the great loss, injurie, and oppression of him.
3dly. Whereas severall regiments of the army falling in one division together, did by agreement amongst themselves, and for the better equalizing one lott with another, conclude on certaine rates to bee sett on severall barronyes, some above, some under those mentioned in the Act; the benefitt or advantage of all which enhanced prizes were, according to the intention of the said agreement, to bee applyed only to such regiments as were within the said division. Itt hath allsoe uppon examination appeared that the said Dr, contrary to his duty and trust, did not only obstruct and withhold the benefit of the said surplus due to some of the said regiments, but, without any colour of authority or consent of the said regiment or of the army, arbitrarily and unjustly apply the said benefitt to his owne private use.
4thly. The said Dr, under colour of making a neat booke, or contrivance so called by him, to avoid all inconveniences to the army of falling uppon lands mortgaged, decreed, or otherwise given away to any Protestants, did leave out of the lott of the said army, and of the severall regiments of the same, many of the chiefest places and seats that were belonging to their whole lotts respectively, and did putt in many others knowne to be incumbred, granted, and given away uppon the claime of Protestants; which choice and pict places, soe purposely left out by him as afforesaid, itt hath appeared that he the said Dr, under the pretence of an order of the Councill, procured at the instance of himselfe, did possess himselfe of and convert to his owne private advantage and use, to the great prejudice and damage of the whole army, and contrary to all justice and right.
5thly. Whereas uppon consideration and performance of severall articles and conditions entred into and undertaken by the said Dr, the said Dr was, according to the said articles, to receive from the army, and from all persons to whome lands in satisfaction for the souldiers arreares were to be given, one penny upon the acre, as doth more at large appeare by the said contract; the said Dr having gott into his hands, under pretence of the said agreement, above 8000li yett did never performe severall of the said conditions articled for with him, notwithstanding some of the conditions never yett performed were the maine of those that were undertaken by him; and yett, nevertheless, by vertue of the power and interest hee then had, did gett up his bonds given in for the said contract, and did obtaine an order for cancelling the said contract, to the great wrong, prejudice, and disatisfaction of the whole army.
6thly. Whereas the said summe of 1d uppon every acre of land lyeable to the satisfaction of the army, if the whole admeasured within the security of the souldiers had been actually sett out by the said Dr, did amount only unto 8393li 3s; and whereas the said 8393li 3s the said Dr hath acknowledged to have received from the severall lists and regiments of the army, 5728li 3s being the full, and more then the lands sett out by him to the souldiers did, at the said rate of one 1d per acre, amount unto; and did further receive an order from the Councill for the collecting of a penny per acre uppon all persons whatsoeever that were not comprehended in the said Act, and were to have any lands satisfyed uppon loose debentures, which accordingly was putt in execution by a standing rule in the office of the said Dr, and was the utmost that therefore could possibly be demanded by the said Dr, either according to the letter or equity of the said contract; the said Dr, notwithstanding the said full satisfaction ordered unto him as aforesaid, under colour of the said pence, and under an undue suggestion and pretence that the said 5728li 3s was by his contract to be made up by the Councill the summe totall of 8393li 3s and without any other right, did receive in money, by warrant from the Councill, 2665li, to make up the said summe of 8393li 3s as afforesaid, besides the further allowance of 421li 10s 6d and 440li 10s 8d, more then could uppon any accompt strictly be required by him, and yett, not content with this wrong putt uppon the Councill, did allsoe, uppon the same pretence that still there was but part of the said pence paid to him by the army, and by colour of an order of the Councill, dated the 6th of March, 1656, which, referring to an order of the 11th of February foregoing, did respect noe such thing, claime and receive as a debt due to him the said 2665li, soe actually paid, once againe, and 516li more, that was unworthily forged and falsifyed by him, as appeares by accompts given in by himselfe, to the cousenage of the Commonwealth of 5846li, and to the dishonest and inconscientiouse gaining and receiving to himselfe a payment and satisfaction, under pretence of one and the same thing, three times over.
7thly. That notwithstanding the severall unwarrantable practises of the said Dr, for the gaining of the chiefest and the richest land within the security of the army thus unjustly into his owne hands, yet such was the exorbitancy of the said Dr, and soe great was the covetuouseness of him, that he did further press the rest of his fellow Commissioners for to sett out lands to him to the value of 3696li, over and above all that had been before unduely gotten by him, and that without any authority or debenture, or valuable consideration whatsoever, that was offered by him, as appeares by the addresse itselfe of the said Dr, dated the 17th of Ffebruary last, in which, nevertheless, he soe farr prevailed, and, by the multiplicity of many intricacies and pretences feigned and devised by him, soe much amused the rest of his fellow Commissioners, and some others joyned with them (to whom the said address was referred), that they wholly agreed to the said illegall and unreasonable demand of the said Dr, making a report on his behalfe to the Councell, that he might have the said summe demanded by him, untill the said committee of the army ordered by the Councill to inspect the said Drs satisfaction as afforesaid, by detecting some of the frauds that lay in the pretences of the said Dr, did putt a checque to the said proceedings.
8thly. That whereas many worthy and well affected persons, who adventured their lives in the Commonwealths service, did obtaine severall orders from the late Lord Lieutenant and Councill, some for the satisfaction of their arreares, others for the reprizall of lands taken away from them in other places, uppon the satisfaction of which did depend the greatest part of their outward substance; the said Dr, without any respect to the State or compassion to the condition of the said persons, or regard to the honoures and command of the said Councill, contrary allsoe to all justice, and contrary to his duty and trust, did usually delay and tire out the said persons in exspectation, purposely raising severall objections and difficulties in discourses to them, to the end he might worke them to a composition with him, or unjust rewarding of him with allowing him a part of the said lands which ought to bee sett out to them, or by selling their debentures, orders, and interest at under rates to him, or by some other wayes of gratifyeing of him, to the horrible and unspeakeable wrong and oppressions of many persons, some of whome allsoe, if hating such a sinfull complyance, and out of conscience refusing to make soe unjust an agreement with him, have been highly affronted and derided by him, and have not to this day received that satisfaction that is due to them: the trueth of all which, in every of the particular circumstances of it, is ready to be proved uppon oath by the testimony of many godly and conscienciouse persons of the army.
9thly. In like manner, whereas the Dr did receive great and advantagiouse rates for the survey and admeasurement of the said lands of the said souldiers, more then double to any that ever was given by the publicke, to the value in the whole of twenty-two thousand pounds, or thereaboutes, accompting what was due to him and wrongfully gotten by him; and did agree, on the contrary, with severall of his under surveyors for the performance of the said worke at much lower, meaner, and smaller rates then ordinary; yet after such agreements made att such disproportionate rates as afforesaid, such nevertheless was the grediness of the said Dr, after his owne particular profitts, without any regard to a good conscience, that he did frequently delay the payment of the said surveyors according to their agreements made with him, and represents severall objections and scruples to them, untill, by wearying them with a tediouse attendance from time to time uppon him, he forced them to a composition with him, and to the abatement of considerable summes to him, and yett giving discharges for the full, to the great loss and damage of the said poor men, the particulars allsoe of which are ready to bee made appeare uppon oath by the testimony of many knowne and credible persons among them.
10thly. That whereas the said Dr, both as a Commissioner and as an undertaker for the survey, was obliged to observe severall rules and instructions that were given him, in order to the more speedy, equall, just, and secure settling of the army, and of the interest of the respective persons therein, the said Dr, slighting and neglecting the said rules and instructions of the Councill, hath, both as a Commissioner and undertaker for admeasurement, from time to time, and in severall cases, acted in a way alltogether unwarrantable and arbitrary, to the dishonour of the Councill and prejudice to the Comonwealth, and to the damage of the just rights of many persons; the particulars of which are likewise ready to bee proved by the oaths and testimonyes of the said persons soe injured by him.
Lastly. Whereas by an Act made in the warr 1656, entituled, an Act, &c., for Attainder of the Rebells in Ireland, itt is therein exspressly commanded and directed, that all books, mapps, plotts of survey, and other writings and things concerning the surveying, admeasuring, distributions, and disposing of the delinquents lands in Ireland, which was in the hands of any persons whatsoever, should, within three moneths after the publication of the said Act, bee brought into, lodged, and placed in the Exchequer of Ireland, there to remaine uppon record for the service of the Commonwealth, uppon the penalty of 100li, and imprisonment without bayle or maine prize, to whomsoever should doe contrary to the said Act; the said Dr hath not only kept all the originall plotts and surveyes of the said souldiers lands, and the duplicate of all bookes of admeasurement sent in by him, contrary exspressly to the said Act, and that without any knowledge of or lycense and directions from the Councill there for his soe doeing, but still doeth keep and retaine all the said papers by him, together with the whole relating to the satisfactions and debt of the army, to the hazard of the Commonwealth interest, and dissatisfaction of the souldiery.
Ffor all which misdemeanoures, wrongs, ffrauds, and other abuses of the said Doctor, done in high contempt of the authority of the lawes of this nation, and to the prejudice of many of the good people of the Commonwealth, your petitioner prayes the justice of this honourable board.
Hie. Sankey.
Thuesday, July the 12th 1659.
Articles of high misdemeanoures, frauds, breach of trusts, and severall other crimes, presented against Dr William Petty, by Collonell Hierome Sankey, were tendered to the Parliament.
Ordered by the Parliament,—That the said articles bee referred to the Commissioners for managing the Government in Ireland, to examine the severall particular misdemeanoures, frauds, breach of trusts, and severall other crimes in the said articles charged and mentioned; and the said Commissioners, or any three or more of them, are hereby fully authorized to hear and determine the same.
Tho. St. Nicholas, Clerk of the Parliament.
