# History of the Down Survey (Petty 1851)/4

CHAPTER IV.
UPPON the candid and free manifestation of the premisses, there arose obstruction uppon obstruction, notwithstanding the contract seemed to be soe neer finished, even as my wiser friends had forewarned me; ffor, in the first place, there comes to the Lord Deputy and Councill the following remonstrance from some of the surveyors, favourites and admirers of M' Worsley:
TO THE LORD DEPUTY AND COUNCILL.
The humble Remonstrance of severall of the Surveyors lately imployed in the Service of the Commonwealth.
Remonstrance of the Surveyors employ'd by M$^r$ Worsly.That D$^r$ Petty, taking advantage by the surveyors' absence, whilst they were abroad in the countrey discharging their respective duties, according to the trust reposed in them, hath passed a contract with your Lordshipps for the survey of Ireland; in obedience whereunto, some of us, uppon our repair to towne, tendred our assistance to the D$^r$, profiering to doe the same thing for far lesser rates then are allowed unto him; but he, minding nothing but to make himselfe extraordinary gaines by other mens laboures, will not hearken to any proposalls of ours, but uppon very hard and unreasonable terms, which we can in noe wise accept off. Had the D$^r$ (as wee exspect, and doubtless many more before us) had any more new, certaine, and expeditious way of survey then hitherto had been knowne or practised, there had been just grounds for our yeilding to the D$^{rs}$ terms; but, instead thereof, we find him informing the private soldiers, whose labour he may hire at an easie rate, in the ordinary and common method, whereby it plainly appeares that the D$^r$, by his undertaking, hath not out done the surveyors; ffor, in his proposalls, there is nothing considerable but his time and price. As for the time, wee shall make it evidently appear, by undeniable arguments, that the ​whole worke will be performed by the surveyors now imployed by your Lordships within the time agreed uppon: and for the price wee are content to accept of less then the D$^r$ hath proposed, not doubting but that wee, who have had exsperience allready in the worke, shall be better able to performe the same then such who are raw and unexsperienced, though taught by the D$^r$; nor can it be objected to us, however disclaimed against by the D$^r$, that our proceedings hitherto have been unsatisfactory, ffor some of your Lordshipps may remember that, at our first setting forth, we pressed for an exact and particular admeasurement, though the D$^r$ then was silent; and, accordingly, the Commissioners for Survey, then sitting at the Castle in Dublyn, had drawn up instructions, but the necessity of the affaires of the Commonwealth not dispenseing with soe long a work, those other ways were found out and enjoyned.
Now soe it is, may it please your Lordshipps, that the D$^r$ having not done anything in his proposalls more then any other man might have done, and what wee our selfs are ready and willing to doe at lesser rates, by the time allotted, and wee hope with better satisfaction then the D$^{rs}$ new taught soldiers, wee humbly desire that wee be not disposed to the insatiable desire of a covetous monopoler, but that wee may be imployed immediately from your Lordshipps, and the benefitt acrewing by our laboures may redound to the Commonwealth.
All which is humbly tendered to your Lordshippse consideration.
Signed in behalfe of the surveyors by
The D$^r$ answers it off-hand at Councill board.This paper being exhibited, the D$^r$ was called into the Councill chamber, where it was read to him; but he desired it might be again read in parts, which being done, he answered it from point to point, accordingly soe as it was clearly rejected; even soe clearly as that there remaines noe other memorey of it, but what is here afforded itt.
This aussault of the under-surveyors being repulsed, the generall of this army himselfe, the Surveyor-Generall, M$^r$ Worsley, was forced to engage; he, therefore, goes to the severall members of the Councill apart, and had prepared ​ them with such new objections, and soe far exceeding the aforementioned animadversions, that the D$^{rs}$ intelligence came to him from severall parts, acquainting him that very suddenly his supposed contract would be quite overthrowne.
Not long after the D$^r$ had notice to attend the Councill, which he did. When the Councill were just rising he was called in: Mr. Worsley being there (as allways ready), the Clerke himselfe was bidden to withdraw, the Councill having being insinuated that what was now to be objected was a great arcanum, and the untyeing of a very misteriouse knot: now parturiunt montes.
A grand objection raised by M$^r$ Worsly of employing foot souldiers.The objection was, that the meanes whereby the D$^r$ intended to perform this worke was dishonourable and scandalouse, for that he intended to imploy foot soldiers, as above mentioned, whom to trust the admeasurement in their owne and officers land would be scandalouse, &c.
To which was answered:
Answered.1st. That the D$^r$ looked uppon souldiers only as hardy men, and fitter then most others for the difficulties above mentioned; that other men of the like qualification would serve as well; and in fine that he cared not for using soldiers otherwise; and for many such could be had together, without much staying for others.
2dly. That it were easie to discover whether these soldiers would returne false work on purpose, to the injury of the State.
3dly. These men, being designed only for ffield worke, could abuse the State only in the length of their chaine, which would alsoe discover itselfe.
4thly. That noe souldier could tell where his owne, or any friend of his, lott should fall, nor whether he should at all measure the land that should be his owne or his friend's; soe as all the soldiers, and indeed all the other surveyors, must with much art universally combine to gratifie any one person.
5ly. Why should the D$^r$ be limitted to the hands he must use, since he is to give security for his performance.
Another objection about Irish Papists. Mr. Worsley alsoe intimated that the D$^r$ intended to imploy Irish Papists.
To which was answered:
1st. By denyall; and—
2dly. By acquainting the Councill that there was noe more danger to have ​the measurer a Papist then the mearesman, which for the most part must be such; saying that the only scandall in this point was, to imploy Irish Papists when English Protestants must be had.
Provost desires no scholars to be employed.About the same time came a request from the Provost of the Colledge of Dublyn, that the schollars thereoff should not be employed in this worke; soe as by interdicting me souldiers, schollars, and Irish, itt appeared plaine the designe was now to make me miscarry in what they could not hinder me to undertake and be entrusted withall.
But these objections about the souldiers, &c., were chiefly to usher in an exspedient or remedy for that disease whereoff M$^r$ Worsley hoped to persuade the Councill that the business was sicke off. The which expedient he proceededM$^r$ Worsley proposes a judicatory of surveyors. to offer, allthough it was not perceived that the Councill thought it wanting; and it was, that a judicatory of surveyors might be set up, to examine and allow of all men the D$^r$ imployed; and that the protractor, to take of their dependance from him, might be paid by the State.
To which was answered:
Answers to all.1st. That there was doubt even of the Surveyor-Generall's sufficiency to examine the Doctor's instruments, because he had done the same very imperfectly hitherto.
2dly. That if the Surveyor-Generall excepted against souldiers having to doe in the survey, Major Symner, Mr. Webb, and Mr. Francis (though very able), being of the army, were not fitt for this judicature.
3dly. That if he propounded the authors of the late remonstrance, it was desired that the D$^r$ might first have the examining of them before the Councill.
4thly. The said examinators, delaying due approbation, might make the D$^r$ forfeit his security, by comming short in his time of performance.
5thly. Why should the Doctor undertake to pay those whom he might thinke can deserve nothing, or venture his reputation and security uppon such.
Herewith the Councill being abundantly satisfyed, and the D$^r$ encouraged in beholding the deliverance which the Lord gave him time from time out of the snares and netts of adversarys,
The contract went forward, and the following order yssued in order thereunto.
By the Lord Deputy and Councill.
Ordered,
Orders to the Attorney-Generall to finish the article in a legall form, &c. 24 November, 1654.That it be referred to the Atturney-Generall, the Commissioners-Generall of the Revenue, and the Surveyor-Generall of lands, to consider of the articles prepared betwixt the Commonwealth and D$^r$ Petty for the survey of forfeited and other lands belonging to the Commonwealth, or to be surveyed in Ireland, and of the former reports, papers, and proceedings in order thereunto; and of what is further fitt to be added to those articles, for the speedy and effectual carrying on of this service of soe publique concernement; and alsoe of the necessity of two thousand pounds advance, the Doctor giving 4000$^{li}$ security to performe and returne the survey of those lands, proportionable to the sum received; as alsoe of the furnishing him from time to time with one thousand pounds, or some other meet sum answerable to the proportion of worke he brings in; and to take care that the articles be penned in a due legall forme; and to consider of the security tendred by the D$^r$ for his due performance of articles; and to make report of the whole business with all possible speed. Dublyn, the 24th of November, 1654.
Tho. Herbert, Clerk of the Councill.
The moneth of November was spent much in making the Atturney-Generall Basill, Mr. Justice Cooke, the three Commissioners-Generall of the Revenue, &c., meet in contriving the manner of advanceing money and defalkeing the same, as also about the manner of reimbursing the charge of the grosse admeasurement then in hand, and in giving notice to the surveyors then at worke uppon itt, by lettres of the 17th instant, of the above transactions, in order to their desisting; about the security, amending mistakes, providing meeresmen, and the time of the D$^{rs}$ discharge, and after which noe complaint was to be admitted.
All which being contrived by the above referrees, and the articles in pursuance of the above recited order in due forme of law. The articles soe prepared were, as a report and answer to the said order, on the eleventh of December, brought into the Councill chamber, very many of the chief officers of the army, whose names are hereafter mentioned, being present, and after a solemne seeking of God, performed by Colonell Thomlinson, for a blessing uppon the ​conclusion of soe great a business, were, with some little alterations about the money, and some discourse about the army leav[y]ing their part, finally assented unto, and ordered to be engrossed and perfected in the words following:
    Articles of Agreement made, concluded, and agreed uppon, the eleventh Day of December, 1654, by and betweene Benjamin Worsley, Esq., Surveyor-Generall by the Appointment of the Right Honourable the Lord Deputy and Councill of Ireland, on the Behalfe of the Commonwealth, of the one Part, and D$^r$ William Petty on the other Part.
Witnesseth,
Articles with D$^r$ Petty for the measuring Ireland, 11 Dec$^r$, 1654.That he, the said William Petty, doeth hereby, for himselfe, his heires, executors, and administrators, covenant, errant, and agree to and with the said Benjamin Worseley, his executors, administrators, and assigns, and to and with every of them, for and on the behalfe of the Commonwealth. That he, the said William Petty, or his assignes, shall and will well and sufficiently survey and admeasure, or cause to be surveyed and admeasured, all the forfeited lands, both profitable and unprofitable, within the barronies of the ten halfe counties appointed by lot for satisfaction of the arreares of the officers and souldiers in Ireland, mentioned in the late Act ffor satisfaction of the adventurers and souldiers, of the 26th of September, 1653;
And alsoe within any the countyes of Wexford, Wicklow, Kilkenny, Kerrey, Longford, Corke, Kildare, Tyrone, London Derrey, and Donnegall, which shall be sett out as additionall satisfaction for the arreares of the said souldiers;
As alsoe all forfeited not yet disposed of or sett out, within the counties of Dublin, Catherlogh, and the remaining part of Corke, together with all crowne lands, and all lands heretofore belonging to any archbishopp, bishopp, deane, deane and chapter, or any other officer belonging to that hierarchy, in the right of his or their office, which are lyeing in any of the afforesaid counties: and that the said survey and admeasurement shall be by him, the said William Petty, and his assignes, done and performed in manner and forme following, viz.:—Ffirst, that the said William Petty is to survey, or cause to be surveyed and admeasured with the instrument, all the said forfeited profitable lands, all other the profitable lands mentioned in the aforesaid article, into the smallest and lowest denominations that are, vizt., into townlands, plowlands, cartrons, or any other usuall denomination of lands, proper to the respective countyes where the said lands ​doe lye, and according to the knowne bounds of each of them respectively, soe as the same may be certainly and distinctly knowne from other lands thereby, their qualities, quantities, names, scituations, parish, or place where the same doe lye, with their meares and bounds; the woods, boggs, and barren mountains belonging to the respective premisses being mentioned in such survey respectively.
2dly. That where any of the said parcells of forfeited lands surveyed or surrounded with the instrument by him, the said D$^r$ Petty, shall exceed the number of acres due to any one officer or souldier for their respective arreares, that in all such cases the said William Petty doeth promise and undertake againe to subdivide or cause to be subdivided the said parcells, and actually to sett out the same into soe many other smaller parcells as shall be requisite particularly to satisfie each man his respective arreares without any readmeasurement.
3dly. The said William Petty doeth promise and undertake that noe one surround of any parcell of profitable forfeited land shall exceed fourty acres, where any knowne bounds, naturall, civill, or artificiall, may conduce to the making the said surround; provided that, unless in the aforesaid case for the setting out of a just number of acres, in order to the answering and putting into possession each particular officer and souldier into their respective proportions of lands, according to the arreares due to them, or for the admeasurement of some island in any river, logh, or bogg, itt is hereby expressly intended that the said William Petty be not required to make any one surround of less then fourty acres.
4thly. As touching the admeasurement of unprofitable lands: if the said unprofitable land shall lye mixed with or adjoyning unto lands profitable, in parcells less then five hundred acres, the said William Petty is to survey or cause to be surveyed distinctly by itselfe every such part of unprofitable land with the instrument, provided none of the said parcells containe less then fourty acres; but in case the said unprofitable land shall lye in parcells more then five hundred acres all intirely unprofitable, the said William Petty, surveying or causeing the said unprofitable land to be surveyed and surrounded with the instrument, according to its utmost bounds or limitts, as the same shall be bounded either by the barronies where the said unprofitable land shall respectively lye, or by some other parcells of land profitable, is not hereby obliged or tyed to admeasure the said unprofitable land into any other smaller or lesser parcells.
​5thly. In the surveying of all unprofitable lands the said William Petty doeth further promise and undertake, to and with the said Benjamin Worseley, faithfully to describe the nature and bounds of the same, especially where the same boundeth uppon the profitable land, and to sett down good grounds for returning and adjudgeing the same for unprofitable.
6thly. The said William Petty doeth further promise and undertake, to and with the said Benjamin Worseley, that where any parcells of land forfeited, formerly belonging to any one person, shall extend ittselfe into severall barronyes, and be scituate part in one barrony and part in some other barronyes, there carefully to distinguish and admeasure with the instrument soe much of the said parcells as shall lye in every respective barrony, and to returne the same, soe distinguished and admeasured accordingly, in the mapps of each proper barony.
7thly. The said William Petty doeth further promise and undertake, to and with the said Benjamin Worsley, carefully to survey and admeasure by the instrument the outmeares or bounds of all and every the barronyes within the counties mentioned in the above said ffirst article, and the same, soe surveyed, distinctly to protract and lay downe to the end the said civill bounds and meares of each barrrony may be better knowne and preserved, and that perfect and exact mapps may be had for publique use of each of the barronyes and countyes aforesaid; provided, that neither the said barronyes or halfe barronies divide themselfs into severall countyes.
8thly. The said William Petty doeth promise and undertake, to and with the said Benjamin Worsely, to deliver unto the said Surveyor-Generall his office, for the use of the Commonwealth, particular platts, with books of reference belonging to the said platts respectively, fairly engrossed, of all the forfeited lands, both profitable and unprofitable, that shall be admeasured by him in manner and forme afforesaid, in any of the aforesaid barronyes and countyes mentioned in the first article, noting and mentioning all such subdivisions of land as shall be made to each particular person.
And likewise to deliver the platts and books of reference of all Crowne lands, and of all lands belonging to any archbishopp, bishopp, deane, deane and chapter, or other officer of that hierarchy, in right of his and or their office, which shall lye in any of the respective barronyes or countyes afforesaid, each of them distinctly by themselves; that is to say, the forfeited land in each ​barrony by themselves; the Crowne lands by themselves; and the lands belonging to any archbishopp, bishop, deane, deane and chapter, as afforesaid, by themselves; in the drawing or making of any of which platts or books, the said William Petty is to follow such instructions as shall be sent unto him by the said Lord Deputy and Councill, or, by their order, from the Surveyor-Generall.
9thly. The said William Petty doeth further promise and undertake, to and with the said Benjamin Worseley, besides such mapps, platts, and books of reference belonging to them, as shall manifestly demonstrate to each officer and souldier their severall proportions of land due to them, provided that noe mapp be required of any proportions less then one thousand acres.
10thly. The said D$^r$ William Petty doeth for himselfe promise and undertake, to and with the said Benjamin Worseley, fully to perform and perfectly to finish and compleat all the said surveys and admeasurement, viz$^t$., the surveys and admeasurement of all and every the forfeited land, profitable and unprofitable; as alsoe of all lands belonging to the Crowne, or to any archbishopp, bishopp, deane, deane and chapter, or other officer of that hierarchy, as afforesaid, lyeing or being in any of the said barronyes within the said ten counties mentioned in the first article, according to the manner and forme as aforesaid; and to returne the mapps, platts, and books of reference of each of them respectively, as afforesaid, within one year and one moneth next after the date of these present articles.
11thly. And whereas a contract hath been made with severall persons, on the behalfe of the Commonwealth, for admeasuring and surveying part of the afforesaid lands mentioned in the first article hereof, for which survey and admeasurement, with platts, mapps, and books of reference belonging respectively to them, they were to receive fourty-five shillings for every thousand acres that shall be soe surveyed and perfected by them; and whereas the said persons have, in pursuance of the said contract, allready admeasured severall of the said barronyes; the said William Petty doth for himselfe promise and undertake, to and with the said Benjamin Worseley, to reimburse and pay backe all such summ or summs of money as hath at any time since the said contract been advanced, issued, or paid to any of the said persons, by order of the said Lord Deputy and Councill, or of the late Commissioners of the Commonwealth; as alsoe further to take care to satisfie, discharge, and pay all such other summ or summs of money as the said persons, or any of them, shall or may justly or lawfully ​demand to be satisfyed and paid to them from the Commonwealth, in reference to the service performed by them, according to the said contract made with them.
12thly. Ffor the true and full performance of all and every of the articles before mentioned and specifyed, the said William Petty doeth covenant, promise, and engage, to and with the said Benjamin Worseley, to give in sufficient security unto the Commonwealth, by bond or otherwise, to the value of four thousand pounds.
13thly. Item, the said Benjamin Worseley doeth for himselfe, his heirs, executors, and administrators, and for every of them, covenant, grant, agree, promise, and undertake, for and on the behalfe of the Commonwealth, to and with the said William Petty, his executors, administrators, and assignes, and to and with every of them, to pay, or cause to be paid unto the said William Petty, seven pounds, three shillings, and four pence, currant money of England, for every thousand acres of forfeited profitable land that shall be admeasured and actually sett out to the souldiery by him, according to the tenor of the agreement afforesaid, in any of the afforesaid barronyes and countyes mentioned in the ffirst article.
14thly. The said Benjamin Worseley doeth, for and on the behalfe of the Commonwealth, further promise and undertake, to and with the said William Petty, to pay, or cause to be paid unto the said William Petty, three pounds sterling of currant money of England, for every thousand acres of forfeited lands admeasured, and not yet disposed off or sett out, within the counties of Dublyn, Catherlogh, and the remaining part of Corke; as alsoe for every thousand acres of Crowne lands, or of lands heretofore belonging to any archbishopp, bishopp, deane, deane and chapter, or other officer belonging to that hierarchy, in right of his or their office; as alsoe for every thousand acres of parcells of unprofitable land, the said parcells not exceeding five hundred acres in any one parcell, and admeasured according to the instructions concerning unprofitable lands mentioned in the fourth article, or for soe much proportionably of any of the said lands as shall be admeasured by him according to the tenor of the agreement aforesaid.
15thly. And for the better and more effectuall carreying on the said contract and undertaking, itt is covenanted and agreed, and the said Benjamin Worseley doeth, for and on the behalfe of the Commonwealth, promise and undertake, to and with the said William Petty, to pay unto him or his assignes, ​at or before the ensealing hereoff, two thousand pounds sterling, the same to be defalked againe out of payment as shall grow due to the said William Petty for the said survey and admeasurement hereby undertaken for.
16thly. And the said Benjamin Worseley doeth further covenant and agree to and with the said William Petty, that when the said William Petty shall deliver in, or cause to be delivered into the Surveyor-Generall's office, a true and clear survey of such forfeited lands and other lands, hereby appointed to be surveyed; ffor which worke of survey one of the two thousand pounds advanced, either after the rate of forty shillings for every thousand acres surrounded, and five pounds ten shillings for every thousand acres downe admeasured; and for land actually sett out according to the respective rates before expressed, is become due to the said William Petty; and of which returne and money due for such survey, according to the rate afforesaid, he the said William Petty shall produce certificate from the said Surveyor-Generall, which the said Surveyor-Generall is, according to such surveyes returned, to make and give; that then the said William Petty shall further receive the summ of one thousand pounds more, sterling, by way of advance uppon accompt, to be by him the said William Petty discounted when surveys are returned, the rates whereof are correspondent by this contract to such summ advanced; and shall, uppon equalling his accompt by returnes made from time to time, receive the summ of one thousand pounds sterling more, which he is to discount in course by due returns and certificates, as is before expressed, untill the whole survey by him, the said William Petty, undertaken, be compleat and finisht.
17thly. It is covenanted and agreed, and the said Benjamin Worseley doeth, for and on the behalfe of the Commonwealth, further promise and undertake, to and with the said William Petty, to pay, or cause to be paid, at the returne or delivery in of perfect mapps of all the said barronyes and countyes mentioned in the first article, one thousand pounds, for and in consideration of his carefull surveying and admeasuring with the instrument all the meets and bounds of the said barronyes, as the same shall be showne and discovered to him.
And whereas a provision is before made and provided that the said William Petty should reimburse and pay backe to the State all such summ or summs of money as hath at any time been paid to such surveyors as have been contracted withall, for admeasuring or surveying any part of the aforesaid lands mentioned ​in the said first article hereof, by order of the Lord Deputy and Councill, or the late Commissioners of the Commonwealth; as alsoe to satisfie, discharge, and pay all such other summ or summs of money as the said persons, or any of them, shall or justly may demand to be satisfyed and paid to them from the Commonwealth, in reference to service performed by them according to the said contract for that purpose made; it is hereby agreed, and the true intent and meaning hereoff is, that the Commonwealth discharging and paying such summs of money due to such surveyors for the worke by them performed, as is before directed, that the same, together with what hath allready been paid, shall be discounted out of the monyes due to the said William Petty, uppon service to be by him done as is before particularly expressed; the same to be discounted by ten even and equall portions, the same to begin after three moneths end, commenceing from the date of the ensealing hereoff.
18thly. The said Benjamin Worseley doeth further covenant and agree, to and with the said William Petty, that effectuall order shall from time to time be given from the Lord Deputy and Councill, for impressing persons to shew the bounds and meares of all and singular the parcells of land by these presents directed to be admeasured, as alsoe guards for securing the respective persons to be imployed in this business, he giving reasonable allowance to each of them for their paines during their attendance on that service.
19thly. Itt is agreed by and between all partyes to these presents that whatsoever complaint shall be made against the said survey, shall be exhibited within twelve months after the subdivision aforementioned is made, and posession given, and not afterwards; and that three moneths time from the exhibition of the said exceptions be allowed unto the said William Petty, for the correcting and amending the same, before any proceedings be commenced against him for the breach of articles touching that particular.
In wittness whereof, &c.,
Wee doe hereby ratifie, confirme, and aprove the within articles, bearing date the eleventh day of December, 1654. Dated at Dublyn, this 25th of December, 1654.
Att a Councill of Warre held at Corkehouse, the 11th of December, 1654:
Being present
| Sir Har. Waller. Commissary-Generall Reynolds. Collonell Lawrence. Collonell Barrow. Quarter-Master-Generall Vernon. Lieut.-Collonell Stephens. Major Smith. Major Jones. | Sir Cha. Coot. Collonell Hewson. Scout M$^r$ Generall Jones. Collonell Saunders. Lieut.-Collonell Brayfield. Lieut.-Collonell Arnopp. Major Duckenfield, Captain Shaw. |
Captain Aland.
Order of the Councill of Warr to advance the D$^r$ a penny out of every 3 acres, to carry on the worke. 11 Dec$^b$, 1654.Whereas it hath been proposed by a Committee of officers that one penny for each acre of profitable land, which shall be actually received by the army, in satisfaction of their respective arreares, shall be paid unto D$^r$ Petty for the measuring the said lands, it is therefore humbly offered, as the advice of the Councill of Warre, that one penny for every three acres due to the army, according to their respective debentures, and the rate appointed by the Act of Parliament in the respective provinces wherein their lot is fallen, be deducted, and forthwith advanced unto the said D$^r$ Petty, out of the next moneth's pay due to the army; provided that the regiments fallen within the lot of Ullster advance noe more then according to the estimate of the forfeited lands in that province.
And itt is likewise humbly offered, that to compleat the payment of one penny per acre to the said D$^r$, a proportionable deduction of the next ensueing moneth's pay be made after the survey is delivered by the said D$^r$, according to the agreement made with him, and possession given to the army.
Signed in the name and by the appointment of the said Councill, Har. Waller.