# History of the Down Survey (Petty 1851)/11

CHAPTER XI.
I MUST now goe a little backewards to relate how this survey was examined. In order whereunto I must begin to tell you how, in the beginning of March, 1655/6, the D$^r$ brought in an accompt of his undertaking, with the following petition and proposalls thereuppon:
to his highness the lord protectors councill for the affaires of irelande.
The humble Petition and Proposalls of D$^r$ William Petty.
Having, by the blessing of God, brought the worke of the surveyes by me undertaken soe near to an end as concernes my engagement, or the reason of the said worke, and having many poor men now out of employment, dayly calling uppon me for a finall determination of their accompts, in order to a full satisfaction of their wages, and allsoe for taking up their respective bonds and freeing their security, desire as followeth, viz$^t$:
1st. That your honours would direct what kind of vouch or approbation will bee fitt to be affixed unto the said worke, soe as to make it a ground whereuppon to satisfie the arreares of the army, and an authentique record to posterity, and att what time the said vouch shall be soe affixed, viz$^t$, whether before the army be put into possession, or not untill the time allowed for excepting against the said admeasurement bee exspired, and all errors and omissions discovered betweene this and then corrected in the said survey, and untill that each lott can bee allsoe exspressed therein, &c.; and your petitioner being at present ready, Ffirst, to give in a certificate, signed before wittnesses, from each surveyor, having been first sworne for the trueth and sufficiency of his respective worke, the same being annexed to the printed instructions which he received from your petitioner for doeing the same;2dly, to give in a certificate under the hands of such persons as examined the said worke, and who made up the fair bookes and plotts now to bee delivered in, attesting the said worke hath been well and sufficiently performed.3dly. Your petitioner himselfe will, ​under his hand, owne the said instructions, and the sufficiency of the said measurers, as alsoe the sufficiency, diligence, and integrity of each of the said examiners, for ought hee could ever heare or find to the contrary: all which, together with the offers hereafter tendered for the repairing of omissions and correcting errors, is humbly conceived an higher satisfaction then ever, for ought appeares, was given or required in the like cases before.
2dly. As your petitioner desired to know how and when the surveyes shall bee vouched, soe alsoe he further desireth to know when they shall bee absolutely delivered into the Surveyor-Generalls office, humbly offering that, in case itt shall not bee thought fitt to deliver them up untill all the abovementioned particulars bee fully perfected, and that duplicates according to the most corrected copies be given out to the souldiers, according to agreement, which can not bee done for severall monethes yet to come, to furnish men well versed in the said surveyes, who for a reasonable allowance shall from time to time give the Surveyor-Generall satisfaction to any matter contained in the said surveyes, whereunto alsoe himselfe or instruments may have free access uppon all occasions.
3dly. Your petitioner humbly prays that noe dubiouse exspression in his articles may bee used to retrench any part of his pay due according to the rates of the respective place of the survey of any lands actually by him admeasured, all though since suspended or reserved from being sett forth, nor for the survey of lands which, allthough they were not in the abstracts of the civill survey, yet, being uppon other information suspected to bee forfeited, were admeasured at the petitioners charge, for noe other imaginable reason then the advantage and service of the Commonwealth only; fforasmuch as your petitioner, by receiving and distributing orders concerning such suspensions and other alterations, hath been at more labour and trouble then the actually setting out of the said lands unto the souldier would have required, and since those, for whose behoofe such dubiouse lands were admeasured, to wit, the army and the proprietors, for whose benefitt they were reserved, as alsoe your honoures, who have still hereby the knowledge of such lands, may alltogether better bear the said loss then your poor petitioners who receiveth noe kind of advantage thereby.
4thly. Your petitioners, as in duty bound, and that a worke of soe great charge and consequence may not remaine imperfect in the least materiall point, doth humbly mind your honoures that his instruments have fallen into severall unavoydable omissions, sometimes in not distinguishing betweene publicke ​denominations and proprieties, through the want of meeresmen, or through the obscurity and faults of the abstracts delivered unto them, being only breif lists of the lands to bee admeasured, with the names but of part of the proprietors unto whome they belonged; and sometimes by not distinguishing the quality, by reason of the dubiouse and intermixt nature of the land itt selfe, or the innaccessibleness thereof, by being overflowne, &c., as alsoe for want of information in wast countreys, and of such light from the civill survey as might have been afforded unto them for the reparation of all such the said omissions as are necessary and possible to be repaired: your petitioner doeth freely offer that, your honoures finding meeresmen, and bearing but the travailing charges of the workemen, he will doe the rest att his owne charge, provided his other grieveances bee considered, and a list of the said omissions bee delivered unto him this ensueing summer.
5thly. Allthough your petitioner bee consciouse of noe one matteriall error in the whole admeasurement, yett in order to the satisfaction of the complaints, how causeless soever, made against itt, hee humbly propounds, 1st. That fforasmuch as care hath been taken to instruct the workemen and to adjust the instruments used in this survey, as alsoe that the severall measurers having beene sworne, and vouched their respective worke, the which hath been examined by impartiall and able men, noe impeachment be admitted against itt, unless grounded uppon a readmeasurement depending uppon the like causes of truth and sufficiency with this survey of your petitioners, and made with the same mearesmen, or by traceing the same marks and holes uppon the land.2dly. Uppon such an impeachment your petitioner further desires that the party complaining may give bond to save your petitioner harmlesse in case the said complaint be causeless or grounded rather uppon the complainants mislike of the quality of his land then the measurers mistake in the quantity.3dly. That there be three sett times appointed for making these reviewes, viz$^t$ May next, October following, and Aprille come twelvemoneth, that the same may be feaseable to your petitioner, and not in the winter time, to the prejudice of the Commonwealth. And uppon these equitable groundes your petitioner shall send backe into the ffield, the complainant advanceing one halfe of the charge and your petitioner the other.
6thly. That your honoures would appoint unconcerned persons to consider how farre your petitioner is obliged, either by his contract or in equity, to the ​double labours of a particular subdivision after his first survey hath been wholly and long since ended for the most part; and, however the same shall bee concluded, your petitioner humbly prays that, for the honour of the State, the accommodation of the army, the feaseability, if not the facillity of the worke, the subdivision, both of the grand and of particular lots, may be more regularly managed then heretofore, both as to the method and the time of finishing and concluding the same, without which all persons concerned therein will bee involved in endless controversyes and attendance, your honoures dayly disturbed with petitions, the survey rendered fruitless, and the plantation of Ireland retarded.
7thly. Your petitioner humbly prays that a particular remonstrance of his extraordinary grieveances and sufferings through the whole course of this worke, whereof he hath hitherto made a hard shift to bee silent, both for the good of the service and the ease of your honoures, and alsoe of his extraordinary services over and above his obligation, may be considered in honour and conscience, by remitting the moneyes formerly paid for the late gross surrounds, and by granting him one penny per acre for the lands admeasured in the county of Dublyn, Carlow, and the reserved part of Corke, as allsoe for the church lands, to bee paid by the next that take them, for setting out of the said lands unto them; the same being as necessary and more difficult then in any other place where the said allowance is made.
8thly. If there bee any other objection against your petitioners wages or worke then what hath been candidly abovementioned by himselfe, hee desireth the same may bee made knowne unto him, whilst his instruments have yet some dependance uppon him, and that he may be forthwith admitted to pass an absolute accompt for such worke as is fully prepared for that purpose, for satisfaction of those as stand bound with him, and for the speedy easing of your poor petitioner, at least from some part of those dangerouse engagements wherewith hee stands entangled.
9thly. And lastly, your petitioner, having received very litle money uppon this vast worke, but engaged himselfe into debts all over the nation, to let your honoures see how really hee ever intended to serve the publique in this undertaking,—againe, having att this time worke done for above 5000$^{li}$ more then he hath received pay, and been hitherto content with base money, received in a most troublesome and dangerouse manner,—doeth now humbly pray that he ​may forthwith receive 3000$^{li}$, whereby in some measure to stopp the clamoures, for the present, of some hundreds of poor people; and that the remainder bee paid him at Dublyn, in good sterling money, according to the contract; soe that your petitioner, after the many dangers and vexations he hath night and day all along endured, bee not at last rewarded with ruine and calamity.
Whereuppon the Councill issue the following order, viz$^t$:
By His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
Whereas D$^r$ William Petty hath tendered unto this board an accompt of his proceedings of the downe survey of the forfeited lands, both profitable and unprofitable, within the barronyes of the ten halfe countyes appointed by lott for the satisfaction of the arreares of the officers and souldiers in Ireland mentioned in the late Act for satisfaction of the adventurers and souldiers, and of the downe surveyes of the countyes of Wexford, Wickelow, Kilkenny, Kerrey, Longford, Corke, Kildare, Tyrone, Derry, and Donnegal, being the additionall security appointed towards satisfaction as aforesaid; as alsoe of all the forfeited lands not yet disposed of or sett out within the counties of Dublyn, Carlow, and the remaining part of the county of Corke, and of all crowne lands and lands formerly belonging to the archbishopps, bishopps, deanes, deanes and chapters, or others of that hierarchy, within any part of the said countyes; the Councill, having taken the same into consideration, doe hereby order that Collonell Hewson, Collonell Sankey, Collonell Lawrence, Major Morgan, Benjamin Worseley, Esq., Major Symner, Captain Webb, and Captain Mullineux, doe, uppon Thuesday, the 11th instant, att nine of the clocke in the morning, attend the committee of the Councill appointed to consider of the said accompt, att the Councill chamber, to the end that then and there the articles of agreement made betweene the Commonwealth and the said D$^r$ Petty, for performance of the said downe admeasurement, may be perused, and a serious view taken of the originall and other plotts and ffield bookes, with what else relates thereto, and that, by comparing the said downe admeasurement with the civill surveys made concerning the said forfeited lands, and examining such part of the premisses as they shall thinke fitt, they, the said committee of the Councill, with the help of the said asistants, may from thence, and by such other wayes and meanes as shall bee found exspedient, informe themselves concerning the true performance, method, and usefullness of the said downe survey, for answering the ends of that ​undertaking, and, uppon the whole matter, bee enabled to report unto this board whether, re vera, the said D$^r$ hath performed the severall parts of his agreement, whether there bee any failure on his part, and wherein; and to offer further what they conceive necessary touching the same.
Dublyn Castle, the 10th of March, 1655. Tho. Herbert, Clerk of the Councill.
On the 11th of March, the abovementioned referrees mett at the Councill chamber, whether the Doctor brought above fifty surveyors, soe as any of them might protract, ex tempore, any ffield notes that should unawares to him bee called for, that itt might appeare that the same ffigure arose from such protraction out of the field notes, as had been before exhibited in the respective plotts, and that the joining and comparing of common lines might bee tryed.
The whole morning was spent in discourses uppon the best, speediest, and surest method whereby to make the intended examination; Collonell Thomlinson being, pro re nata, in the chair, as one who tooke a more speciall care for the punctuall peformance of the worke, as well for the D$^{rs}$ creditt and security as the States advantage: the result of all being what is exspressed in the following order, viz$^t$:
By His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
Whereas D$^r$ William Petty hath tendered unto this board an accompt of his proceedings uppon the downe survey of the forfeited lands, both profitable and unprofitable, within the barronyes of the ten halfe counties appointed by lott for satisfaction of the arreares of the officers and souldiers in Ireland, mentioned in the late Act for satisfaction of adventurers and souldiers; as allsoe of the downe surveyes of the countyes of Wicklow, Wexford, Kilkenny, Kerry, Longford, Corke, Kildare, Tyrone, Derrey, and Donnegal, being the additionall security appointed towards satisfaction as aforesaid; and of all the forfeited lands not yet disposed of or sett within the countyes of Dublyn, Catherlogh, and the remaining part of the county of Corke; and of all crowns lands, and lands formerly belonging unto archbishopps, bishopps, deanes, deanes and chapters, and others of that hierarchy, within any part of the said countyes: the Councill, having taken the same into due consideration, have thought fitt, and doe hereby order, that Major Anthony Morgan, Major Symner, Captain Mullineux, and ​Captain Webb, or any three of them, bee and they are hereby appointed a committee to conferr with the said D$^r$ Petty concerning the same; and they, or any three or more of them as afforesaid, are to examine by the best wayes they can into the trueth of the originall ffield bookes and plotts relateing thereunto in the said D$^{rs}$ custody; they are alsoe to enquire into the true performance of the exact method and keeping the said field bookes, and such otherway as they shall conceive fitt for the better examining and checqueing the worke, either by joyning the common lines of severall mens workes, by reprotracting each line and angle according to the originall ffield bookes, or by comparing of each surround with the abstracts and catalogues of lands to be surveyed; they are to cast up and recast the contents of every surround, and in such parts as they may conceive exspedient for exsperimenting the truth of the said D$^{rs}$ undertaking; and to make the best discovery they can of the perfection of the said admeasurement and satisfactoriness thereoff; and likewise to observe what imperfect worke hath been made and rejected. And the said committee are desired to sitt uppon this business de die in diem, soe as they may report their proceedings, to this board by Thuesday next, being the 18th of this instant moneth, or before, if possible; the speciall care hereof being recommended to Major Morgan.
Dublyn Castle, the 11th of March, 1655. Tho. Herbert, Clerke of the Councill.
The which order was corroborated with the other order following, that Mr. Worseley might miss of noe opportunity to trye the performance most effectually.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Whereas, by an order of this board, Major Morgan and others are appointed as a committee to consider of the downe survey of the forfeited lands in Ireland undertaken to bee admeasured by D$^r$ William Petty, whereof a particular accompt hath been by the said Doctor tendered unto this board accordingly, as alsoe what they found uppon the perusall thereof concerning the truth of his proceedings therein, and of the satisfactoriness thereof for publicke use, according to contracts:
Itt is now further ordered, that the Surveyor-Generall of lands doe, ​according to the duty of his place, attend there in the behalfe of His Highness and the Commonwealth.
Dublyn Castle, 13th of March, 1655. Tho. Herbert, Clerk of the Councill.
The which two orders were answered with the following report:
To His Highness the Lord Protectors Councill for the Affaires of Ireland.
In obedience to your Lordshipps reference, bearing date the 11th of March, 1655, wee have mett and considered of the matter therein contained, and have proceeded as followeth:
1st. Wee have considered the ability of the persons imployed in the field worke.
2dly. The instructions given them.
3dly. The method of the ffeild bookes.
4thly. The way of protracting and casting upp.
5thly. What checques were appointed for the said worke.
In examination of the first head, viz$^t$, the abilityes of the persons imployed in the ffield worke, wee find that many of the persons who were therein imployed were persons who till that time had never been imployed in a worke of that nature, and not able to protract their owne worke, but only delivered up their field bookes to bee protracted and cast up by others.
To the 2d head, touching the instructions given, wee doe not find them short of the instructions required by the contract twixt the Commonwealth and D$^r$ Petty.
To the third, viz$^t$, the method of the ffield bookes, wee find the method suitable to the performance of a worke of this nature.
To the 4th head, viz$^t$, the way of protracting and casting up, we find that where such persons were imployed who could not protract their owne worke, others were imployed with them, to receive their ffield bookes and protract their worke in their presence.
To the fifth head, viz$^t$, what cheques were appointed for the foregoing worke, we find that eight persons, whose ability wee have examined, doe offer to depose uppon oath that they were employed as comptrollers of the foregoing worke, by yearly salary; and that, to the best of their care, skill, and knowledge, ​they have examined the said worke, by joyning the common lines of severall mens worke, by reprotracting each line and angle according to the originall ffield bookes, comparing each surround by abstracts or catalogues of lands to bee surveyed, received from the Surveyor-Generall his office, and by casting or recasting up the contents of every surround; and that in order thereunto they have severall times, and as often as there was occasion, rejected such faulty worke as hath been brought unto them, and caused the same to bee corrected in the ffield and otherwise: and that they have examined the severall transcripts and copies both of the plotts and references vouched by Doctor Petty, and to be given into the Surveyor-Generall his office, and that they find them to agree with their respective originalls given in by the respective authors of them.
Wee further find, uppon perusall of the foule draughts of the originall mapps, that severall faults in the ffield worke of less moment, being found out by the said checque, are recorded in order to amendment at the subdivision.
Wee alsoe find that D$^r$ Petty tooke bonds of such as he imployed to survey, the condition whereof was, that they should well and truly performe the said survey, according to the instructions given them: from whence wee judge it was as cheap to him to reject as admitt faulty worke.
To conclude, wee humbly offer as our opinion, that noe other test can bee made of the said survey by the inspection of ffield bookes, plotts, books of reference, instructions, books of abstracts, &c.; but that what soever faults may lurke in the said worke can bee noe otherwise found than by the care of the respective persons therein concerned, which nevertheless wee humbly submitt.
| 17th March, 1655. | Ant. Morgan. Sam. Mollineux. Will. Webb. |
The said referrees having, viva voce, examined severall of those ffield and house workers, who have signed the certificates above mentioned in the chapter of this discourse. After this examination, the Surveyor-Generall thinking another kind of examination further requisite, as alsoe to audite the accompt of acres admeasured, there issues the following order.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Ordered,
That Benjamin Worseley, Esq., Surveyor-Generall, doe forthwith take care ​for the examining and casting up of all the severall plotts and bookes of reference returned in by D$^r$ Petty of the survey of the three provinces, and doe see that the same bee duely perfected and returned according to the articles of his agreement or contract, or otherwise to state and present the deffects of the said survey to this board. For the better performance and dispatch of which examination, the said Surveyor-Generall is to imploy soe many able and discreet persons as hee shall thinke fitt, not exceeding the number of four, and to give to the said persons such allowances for the same as hee shall thinke fitt, not exceeding ten pounds to each of them. For the doeing of which this shall bee your warrant.
Dublyn Castle, the 15th of May, 1656. Tho. Herbert, Clerk of the Councill.
Now, fearing least this scrupulouse examination should prove excessive tediouse, it was desired that the Surveyor-Generall, before the said order, would dispatch the same in about three moneths time, to the end neither the army should stay for their satisfaction, which was not to bee given them uppon an unaudited unallowed survey, nor the Doctor bee needlessly retarded in the passing of his accompts; whereuppon he caused four asistants, with ten pounds reward to each, to bee allowed, and gave the following engagement before he received the last mentioned order.
I doe hereby promise to dispatch and pass all such examinations and states relating to the bookes and plotts of survey to bee exhibited unto mee by Doctor William Petty, as I shall thinke fitt to make uppon the same, either as Surveyor-Generall or as a contractor with the said William Petty, by or before the fifth day of July next after the date hereof; as wittness my hand this 21 of March, 1655: provided the said Doctor bring in the said bookes by the fifth of Aprill, or otherwise: as I shall desire.
Benj. Worseley.
But it was the eighteenth of August before he had examined some of all the severall sorts and species of the worke, thereby to have a knowledge of all the faults and defects which possibly could happen therein, att which time hee gave in the following report, referred to a grand committee for their consideration.
In obedience to your Lordshipps order for requiring me to report the state of the examination of D$^r$ Pettyes surveyes, with what defects I find in the said ​survey, in reference to the particulars undertaken by the said Doctor, as likewise to report what things remaine still to bee performed by the said D$^r$, for the finall compleating of his whole contract with the Commonwealth, I humbly certifie as followeth.
That being, by your Lordshipps order of the fifteenth of May last, authorized and impowered to imploy soe many able and discreet persons as should bee thought fitt for the better performance and dispatch of the examination of the said worke, I, having conferred with the said persons, and perused severall of the notes and observations taken by them, doe find this accompt ensueing to bee given, viz$^t$:
1st. They doe certifie that, in examining the same, they doe find the severall lands are returned by the said Doctor in some of the said barronyes, for which there appeares no voucher, either in his abstracts or in the bookes of the civill survey.
2dly. That whereas the said Doctor was by his contract to admeasure all lands into its lowest denominations, yett wee find severall denominations to have been admeasured in one surround together, without being distinguished, either in their meets, bounds, or contents, one from another.
3dly. Whereas the said Doctor was by his said contract obliged allsoe to sett downe all particular proprieties within any towne land or other denomination of land, to the end the quality of each particular mans estate forfeited may bee knowne; yett they find severall lands admeasured belonging to diverse proprietors, the estate of each of which proprietors are not at all distinguished, either by admeasurement or by estimate.
4thly. That they, in examination of the said returne, doe find that some towne lands have been admeasured, which are partly forfeited and partly unforfeited, and yet the whole surveyed and put into the creditt without being distinguished, or any deduction made for the said lands unforfeited.
5thly. They find much defect in the particular surveyes and returnes of timber wood.
6thly. They find severall commons to bee surveyed and returned in the creditt, belonging partly to lands forfeited, and partly to lands unforfeited, and for the survey of which there appeares noe vouchers in the abstract.
7thly. They find many parcells of lands returned for unprofitable lands under five hundred acres, which lyes together, but are separated by lines, or ​are joyned with other great parcells of land which are wholly unprofitable, and, being added together, are above five hundred acres.
8thly. They find large scopes of land returned partly profitable, partly unprofitable, where there is noe manner of distinction or possibility of checque to know which is either, of all which they have in the annexed paper offered some particular instances.
Besides which errors and defects in the returne of the said survey, I find that the Doctor is by his contract bound,
1st. Actually to subdivide and sett out by the instrument to each officer and soldier the land due to them respectively, according to their respective arreares.
2dly. Carefully to returne by admeasurement with the instrument the outmeares and bounds of all and every the barronyes within the severall countyes specified in his contract, to the end that as well the civill bounds and meares of each barrony may be the better knowne and preserved, as that perfect mapps may be had both of the said countyes and barronyes.
3dly. To deliver into the Surveyor-Generall his office particular platts, with bookes of reference fairly engrossed belonging [to] the said platts respectively of all the lands admeasured by him, noting and mentioning likewise all such subdivisions of lands as shall bee made to each particular person.
4thly. That he is by the said contract to deliver the platts and bookes of all crowne lands, and of all lands belonging to any archbishopp, or other officer of that hierarchy, distinctly by themselves, that is to say the platts and bookes of forfeited lands by themselves, and the lands belonging to the bishopps and other officers of that hierarchy by themselves.
5thly. That besides such platts and bookes of reference returned for the use of the Commonwealth as aforesaid, the said Doctor is by his contract to deliver soe many other mapps, platts, and books of reference belonging to them, as shall demonstrate to each officer and souldier the severall proportions of lands due to them, provided noe mapp were required of proportions less than a thousand acres.
6thly. The said Doctor is by the said contract bound to reimburse and pay backe to the Commonwealth all such summ and summs of money as either had been then paid, or such other summs as might justly and lawfully bee demanded from the Commonwealth, to bee satisfyed and paid in reference to a former agreement made with certaine persons for admeasurement of part of the said ​lands, to be surveyed by the said Doctor, according to the nature or tenure of the said agreement.
7thly. To correct and amend whatsoever complaint shall bee made against the said survey, provided the said complaint bee exhibited within twelve-monethes after subdivision is made and possession given; provided alsoe the said Doctor have three moneths time given for the correcting or rectifyeing the said error after the said complaint is exhibited.
B.Worsley.
18° Aug. 1656.
In answer to which report there was presented the following papers:
As to Defalcations for such Lands as have been actually admeasured, although they were not found either in Abstract or Civill Survey,
I humbly answer:
1st. That unless the civill survey should say that the lands for which payment is demanded are not forfeited, there can be noe ground for any such retrenchment, fforasmuch as such lands are either members of the forfeited lands named in the abstracts, or else concealed lands which are certainly to be looked uppon as forfeited, for otherwise what reason should there bee for their concealement? and therefore they ought to be paid for as forfeited; and if it be said that those unvouched lands may be members of unforfeited, then I say that even in this case I ought not to bee retrenched untill the same shall authentically appeare.
2dly. When those unvouched lands shall appeare to bee obscure members of unforfeited lands never named in the civill survey, it was safer to presume that such omitted denominations were rather forfeited and concealed then otherwise, and it was better to pay for the measure of them then wholly to want the knowledge and cognizance of any case wherein the State may have a right of a thousand times more value then that litle charge of the measure. Moreover, if it were fitt that the surveyor should loose his gaines uppon such worke, yet certainely to loose the principles of his charge and labour thereuppon would bee very hard, or to bee punished for that which more properly deserves a reward.
3dly. But supposing those lands were by name sett downe in the civill survey for unforfeited, but not mentioned in the abstracts, the cause of this inocent overacting is rather a defect in the abstract, since such mention might have been ​not only easily but alsoe very usefully made, both for the avoiding of the mistakes in question, and allsoe for many other considerable purposes, rather then a punishable fault in the measurer, who had the voice of the countrey for his warrant, whereunto hee might hope to hearken allmost as safely as to the abstract, which had often misinformed him.
4thly. If the measurer had not adventured in these cases, much lands returned forfeited by the civill survey had been now unadmeasured, because the abstract was by mistake silent thereof; wherefore the service which hath been done in this kind doeth exspiate the overactings in question, allthough they were as clearely faults as they are certainely good services, and such as deserve an extraordinary encouragement.
5thly. I my selfe have been soe really convinced of the reasons of these allegations, and have soe litle doubted of your Lordshipps concurrence, that I have actually paid for those unvouched lands unto all those with whome I have cleared accompts, and doe fear that, when I shall deny the same to others, that a clamour will arise thereuppon, which will not stay untill it reach your Lordshipps eares and considerations.
6thly. The unvouched lands, which, allthough measured, will hereafter cleerly appeare unforfeited, are soe few, that the pay due for them will be a very triffle to your Lordshipps, though great burden and disappointment to that poor man uppon whome the same shall fall; and, for my owne part, I have said thus much unto itt rather to vindicate our proceedings then doubting that soe many words are requisite to move your Lordshipps to soe reasonable a concession.
As to the Measuring of Commons,
I humbly answer:
1st. That most of them were in the abstract.
2dly. In commons partly belonging to delinquents, and partly to Protestant proprietors, the States interest can not bee knowne without admeasurement.
3dly. The commons measured without the vouch of the abstracts are very inconsiderable in their quantity.
As to the Undistinguishment of Timber Woods.
I humbly answer:
1st. That the omissions are not many, since I had notice that such distinctions ought to bee made.
​2dly. Timber woods were never mentioned in my articles.
3dly. Itt is uncertaine how the extent of such timberwoods should bee determined or circumscribed.
As to the Undistinguishments of the Quality,
I humbly answer:
1st. That this omission hath been but in very few places.
2dly. That it did not proceed from any neglect, but from abundant of caution and tenderness in doubtfull cases, only not certainly knowing whether to call them profitable or unprofitable.
3dly. I am able and ready to make full and ample descriptions of such lands, which is all the contract requires.
    As to the Distinguishments, or omitting to run Lines whereby to distinguish, 1st. Betweene one denomination and another; 2dly. Betweene several forfeited proprieties; 3dly. Betweene Land belonging to the Commonwealth, disposeable to the Army, and such as are not to bee disposed of as Crowne Lands, Church Lands, Burgage Lands, &c.;
I humbly answer:
1st. That in many of the said cases the undistinguished denominations were undistinguished in the abstracts.
2dly. The abstracts did not containe the boundings of every parcell which ought to have been admeasured, nor any other equivalent description of them, whereby they might bee found out, and distinguished one from another.
3dly. The abstracts made noe mention of unforfeited lands, which had been very usefull, if not altogether necessary.
4thly. The abstracts of crowne and church lands were in distinct bookes from those of the forfeited, nor were they delivered untill the worke was very forward. Moreover, they were very imperfect, and often very different from those of the forfeited land, contradicting each other.
5thly. The abstracts did not soe much as containe the number of the proprietors, much less of the parcells; nor could the measurer tell from whome in the countrey to aske or accept of information whereby to repaire the deficiencies of the abstracts.
​In the next place I humbly offer:
1st. That mearesmen could not bee found, where these omissions have been made, for any part of them.
2dly. That mearesmen could not be found for the whole, and therefore in most cases itt was to noe purpose to meddle with any at all.
3dly. The meares of these small parcells lying, for the most part, in common fields, were obscure and neglected, and withall never knowne but to very few persons.
4thly. The omissions are chiefly in wast places, and when the transplantation, being most vigorously prosecuted, drove away such as might give information herein.
5thly. The want of meeresmen is rather a failer on the States part then on mine, as by the contract may appeare.
Thirdly, I humbly offer:
1st. That most of the omissions doe little prejudice either to the State or to the army.
2dly. That they litle advantage the surveyor, for where denominations are undistinguished, there subdivision is more troublesome.
3dly. Those who wrought by the mile in length, although they had noe visible temptation thereunto, were as frequent in these distinguishments as those who wrought by the thousand, which is an argument that neither was voluntary.
4thly. Itt can be made appeare that more charge and time hath been spent in vaine to procure meeresmen in these cases then would have performed what is omitted.
5thly. I offered long since that if the State would bear the travelling charges of surveyors to returne backe uppon the place of these omissions, and assure them of bounders when they came hither, to pay them demurrage, that my selfe would bear the charge of the worke it selfe.
Lastly, I humbly offer:
That for more extraordinary lines, viz$^t$, parish lines, tyeing lines, intersections, &c., have been done, to my extraordinary charge, then those for which any advantage will accrue to mee by these omissions; wherefore, since the cause ​of these omissions was in the abstracts in the meeresmen, and in the transplantation, and since these omissions have been litle prejudice to the State or army, nor any advantage to me, and that I offered a reasonable exspedient to repaire them, which was not hearkned unto, lastly, since much extraordinary worke hath been performed in lieu of them,
I humbly desire the said defects bee not charged uppon me as faults; but rather such accidents and disasters as ever attend vast and variable undertakings.
The Doctor applicating the same viva voce, and answering to all questions propounded concerning those matters, all being performed in such manner as nothing is extant exspresseing the Councills dissatisfaction to the D$^{rs}$ answers to Mr. Worseleys said report.
When the rest of the worke was examined as aforesaid, which was in doeing many moneths beyond the three above mentioned in Mr Worsleys engagement, and to the Doctors charge above one hundred and sixty pounds in salary to persons to attend the said examination, and when things were alsoe very near prepared to give the army satisfaction, the Dr applyed to the Councill to have his accompts stated, viz$^t$, what money was clearely due unto him, consideration being had uppon as well all allowances as defalcations relateing to the contract; in order whereunto he presented a large remonstrance of his extraordinary services and sufferings throughout this undertaking, to encline the Councill to use such a tenderness towards him as he in reason and good conscience did deserve.
       The humble Remonstrance of Doctor William, Petty, concerning his extra-ordinary Grievances and Services in the Surveys of Ireland.
May itt please your Honours:
When your petitioner did first make the proposall of surveying all the Commonwealths lands in Ireland downe into very small parcells in about one yeares space, your honoures, having just apprehensions of your petitioners insufficiency for soe great a worke, seemed very indifferent whether or noe to divert that affaire out of itts then present channell, or to adventure soe great summs of money as the said proposall required on your petitioners meane abilities. On the other side, your petitioner having far engaged himselfe and creditt in the ffeaseability of that designe (which your honoures, the army, and allmost all others, judged ​more necessary and honourable then practicable) was, as it were, forced, for saving his owne creditt, to undertake the same, even uppon any termes of disadvantage. Uppon the same grounds, even when your petitioner had contracted, he was contented to remove all obstructions hereafter mentioned with his owne paines and charge, and patiently to bear such as could not be removed, rather then decline the said worke, or retard the performance of the same by too often and too troublesome adresses to your honours for reliefe.
But having now, through the great mercy of God, brought the whole worke of the surveys soe near to an end as concernes either the engagement or the reason of the said worke, and that for less then 5500$^{li}$ charge out of the States purse, besides the 2000$^{li}$ advanced at first, whereof the greatest part was immediately wasted uppon instruments, teaching workmen, making experiments, and repairing miscarriages, your petitioner now humbly conceives it neither unseasonable nor unreasonable to make the ensueing remonstrance unto your honours of the said grieveance, nor doeth hee doubt of your tender and conscionable consideration thereof.
The grieveances of which your petitioner shall now complaine are either such as he was, for the reasons afore mentioned, forced to admitt into his contract, though contrary to the first intention thereof, or such as your petitioner could not foresee would happen in the performance of the said contract (to both which your petitioner can only implore your honours favour and indulgence), or else they are such as your petitioner hath voluntarily submitted unto, over and above his said contract and obligation, for the better and necessary answering of ends, and for complying with all the exigencies which the State, the army, your petitioner himselfe, and his instruments, have been cast into from time to time, since the first undertaking; and these are such, for remedy whereof your petitioner beggeth your honoures justice only; and that if not according to his paines, losses, and dangers, yet according to the successe and meritt of them, uppon the publique service.
And first, your petitioner sheweth, that through the backwardness of the civil survey, and want of abstracts, he was exceedingly damnifyed.
As first, that having none at all ready at the first sealing of his contract, hee, notwithstanding, out of zeale to promote the service, sett out sixty instruments to enquire of the countrey, which proved soe confused, as that the ​whole charge of what was done untill the latter end of Ffebruary was wholly lost.
2dly. When your petitioner did receive the first abstracts, viz$^t$, those of Kildare, they were soe few as that your petitioner could not sett forth his instruments in the most convenient and advantagiouse order and method; but was forced to send soe many into one place as that one hindered the other in the worke, and many times could not set them out at all, whereby hee was forced either to lend money to such as were thereby out of employment, which hee for the most part lost, or else to loose the help and benefitt of those whome with much trouble had been instructed in the art.
3dly. Ffor want of the contents of each parcell by estimate, your petitioner could not duely proportion his instruments to each respective barrony, whereby he hath sent many men great journeys where little was to bee done, to their and your petitioners damage; and but few hands to great pieces of worke, whereby the whole hath been retarded, and others of the same company prejudiced.
4thly. Ffor want of the bookes of the civill survey, your petitioners instruments had noe meanes either to checque and try such persons, who, out of lucre to get the unusuall allowance putt uppon your petitioner to pay, offered themselves for meeresmen, though insufficient; or to discover such who shewed false meares, in relation to the advantage to bee had thereby in Conaught, whereby your petitioner hath been often put to the trouble and charge of two or three admeasurements instead of one.
Lastly, for want of the said bookes, your petitioners instruments being alone, and strangers in a wast countrey, could not bee enabled with such hints of enquiry after the quality, meares, &c., of the respective lands, as the said bookes could have furnisht them withall, without any prejudice to the Commonwealth.
2dly. Whereas your petitioners contract was allwayes intended for the forfeited lands only, yett the crowne and church lands were forced in at three pounds per thousand, allthough they were then charged with an incumbrance of 45$^s$ per thousand to the late surveyors; and all this notwithstanding the said lands are in soe very small scattered parcells, that they seeme rather to require 15$^{li}$ then 15$^s$ per thousand for their admeasurement.
3dly. The abstracts of the said crowne and churchlands not comming to ​hand untill the forfeited lands, amongst which they lay, were neer finished, itt is to bee feared that the journeyes which have been made on purpose on that accompt, the charge of bounders to find out such stragling small parcells, and the attendance of servants thereon, together with the often silence of the abstacts in what parishes or townes such parcells lye, will occasion an intollerable trouble and charge, without any recompence.
4thly. The comming of orders for not measuring or suspending of particular parcells, the measuring of small discoveries after the maine was done, the mistakes of the abstracts in spelling, both of lands and proprietors names; the giving in the same land to bee in two severall barronyes or parishes, and the receiving of the instructions by peace meales, &c., doe prove to your petitioner, so streightly bound up in time, a most insupportable grievance, and such as your honours can not but, in conscience and justice, relieve; and allthough the contract seeme to bind in many of these particulars, yet your petitioner is informed that neither legally nor equitably itt can bind, noe more then the master of a shipp, having contracted to support [export?] one hundred tun of goods, is bound to make one hundred voiages to performe the said contract.
5thly. Your petitioner being soe closely bound up in time as aforesaid, not only by his articles, but by the exigence of publicke affaires likewise, and having noe speedy way, though allowed to others heretofore, to right himselfe of such imployed by him, who, having been taught the art of surveying at your petitioners charge, and having engaged to continue in the employment on termes agreed on, have notwithstanding diserted your petitioner in his greatest streights, nor of such who have in other sences broken their respective agreements, or have taken advance money without ever goeing out uppon the service, or have gone out and soon after pawned their instruments, and sometimes their worke too, and have forced your petitioner to send letters of creditt in a dangerouse way up and downe the countrey, to relieve their pretended wants, hath by all these, and many more wayes, been abused, and for the dispatch of the service been forced to pay moneyes over and over, and to furnish new instruments where others were pawned, without any further disputing the matter; moreover, where the platts have been maliciousely engaged, or lost, he hath caused such worke to bee done over againe: all which your petitioner hath patiently endured without soe much as ever complaining above once, when alsoe your petitioner did at last buy out the oppositions, that the worke might not stay, nor your ​honoures bee importuned to doe any extrajudiciall actions for the advancement thereof, and your petitioners accommodation.
6thly. The effectuall pressing of the transplantation and sending away the forces for England and Scotland, about the beginning of the worke, left your petitioner soe naked of meeresmen and guards, even when the undertaking was in the bud, that thereby, and through the extreame wettness and windiness of the season, without your petitioners extraordinary care and charge, the whole worke had miscarried or been retarded.
7thly. Soon after your petitioners contract was sealed, being in the dead of winter, severall of the officers of the army, apprehending the greatness of the worke, and being earnest for possession, by importunity urged your petitioner to sett forth near sixty instruments in the said dead of winter, whereby the land being overflowne, the meeres not to be seen, the quality of the land not to be discerned, the measurers, mearers, chainemen, and spadesmen discouraged, goeing up to the knees and middle in bogg and water, the raine spoiling the instruments, together with the advantages that the former surveyors, your petitioners enemies, made thereof, and of the breach that was like to bee betweene your honoures and your petitioner about the same time, touching parcells under ffourty acres: these things, all cooperating together, lost your petitioner, in worke, workemen, and instruments, severall hundred pounds, besides the discouragement withall.
8thly. Your petitioner, observing some omissions in his contract on the States behalfe, gave out instructions to the respective instruments acting under him, as he humbly conceives, far more large and comprehensive then those contained in his owne contract, viz$^t$:
1st. Ffor running parish lines, where the most part of the lands were forfeited.
2dly. Ffor keeping breakings, taking notice of high wayes, rivers, mountaines, harboures, &c.
3dly. Ffor the scituation of townes, castles, churches, mills, raths, notable houses, &c.
4thly. Ffor the scituation of forfeited land in the barronys where litle forfeited land was, allthough the same could not bee done under tyeing lines of a mile long.
9thly. Your petitioner hath made up his platts and bookes of reference in a ​way and method beyond his obligation, and hath alsoe made other platts and bookes for particular use of setting out land to the late disbanded forces, not mentioned in his contract, with a most difficult mapp of the whole security: in all which, to demonstrate his paines and labour, hee assureth your honoures that nineteene reames of paper have been spent to perfect three.
10thly. Your petitioner hath done the most troublesome and allmost endless county of Dublyn, and some other reserved lands, as alsoe severall liberty lands lying in many small stragling parcells; ffor the which, without your honoures tender consideration, your petitioner shall receive noe considerable or proportionable recompence.
11thly. The great earnestness of the souldiers to obtaine possession, and the severall opinions concerning lotts, and the extent of the security, &c., hath produced soe many seeming resolutions, sometimes to sett out this barrony first, and sometimes another, and uppon all those motions your petitioner having been all wayes alarmed to be ready, for the compliance therewith hath been forced to extraordinary inconveniences, viz$^t$, to keep men idle in exspectation of such worke as hath afterwards failed, to sett out many hands uppon some one piece as hath begotten confusion and error, to give extraordinary allowance for dispatch; and lastly, through much hast, hee hath often been made to stumble and fall, but left to rise againe at his owne charge, and much of this; besides the making of the aforementioned extraordinary platts and bookes of each barrony hath been occasioned in the late disbanding: for the which your petitioner doeth humbly crave allowance.
12thly. Your petitioner, after long sollicitation, finding noe hopes of having the civill survey of the countyes of Carlow and Wicklow, hath notwithstanding adventured to survey and measure them at his extraordinary charge and hazard, to the end the season for doeing the same might not slipp and bee lost, to the prejudice of the Commonwealth and army.
13thly. Your petitioner hath been forced to accept of base Spanish money instead of the sterling and English money soe often mentioned in his articles, and uppon a sett debate before your honoures allowed; whereby your petitioner hath been at great loss, trouble, and hazard, insoemuch as, to avoyd the danger of bad money here, he hath been forced to entrust unknowne persons in England, having no setled factor or correspondent as a merchant, with bills of exchange drawne thither for that purpose, besides the great trouble solliciting and ​attendance even for such as he hath received, his time being preciouse, and his occasions many.
14thly. Your petitioner doeth further humbly mind your honoures, that at the making of his contract, the intention of the army seemed to bee for goeing into possession gradually, taking two thirds, according to an order 22th of May, and other former resolutions, the which they omitting to doe hath encreased your petitioners trouble and charge above one third part, for as much as now your petitioner hath wholly wanted the asistance of the members of the army respectively concerned in each land, and hath now lyeing uppon himselfe the burden of all clamoures and suspitions concerning mistakes and errors in distinguishing profitable from unprofitable, and ascertaining bounds, &c., which otherwise had been gradually performed and setled all under one, to the mutuall content and satisfaction of the severall persons concerned.
Your petitioner humbly desires your honoures, as a motive to releive him in the aforementioned greivances and extraordinary services, to consider the many dangers whereunto he hath exsposed himselfe by reason of this undertaking, as, namely, to the sad consequences of a change of government and of chief governoures, change of the whole designe, want of money in the State, bad money, mistakes in his accompts, having to deale with soe many persons about soe many severall things, law suites uppon the misunderstanding of any of the many contracts and agreements which he hath been forced to make under hand and scale, new commotions, taking of his instruments by toryes, unfittness of the weather, mislaying and spoyling of plotts and papers, sickness of his servants in salary, the negligence of some and the unfaithfullness of the others, extraordinary contingent charges, the hazard of his friends and security, the utter loss of his creditt in case of miscarriage, causelesse clamoures at all hands, the envy and ill will of the late surveyors, the averseness of guards and bounders, continuall feares and vexations; the most part of all which, with many others, your petitioner hath actually endured, even from the beginning hitherto; all which your petitioner hath and must undergoe for a gaine not greater then merchants usually makes uppon one single bargaine without trouble: besides may it please your honoures to remember how moderate a reward your petitioner propounded for doeing the whole on the States accompt.
2dly. And as another motive, your petitioner desires your honours to consider at how low a rate this worke is done out of the States purse, viz$^t$, not ​exceeding 35$^s$ per thousand for forfeited lands; and if but full allowance were made for the barrony lines, crowne and church lands, as alsoe for the county of Dublyn, libertyes of cities, &c., according to their respective worke, your honoures are not at 25$^s$ per thousand charge for all the forfeited land, one with another, measured by your petitioner in this most exact way.
3dly. Moreover your petitioner desires your honours to consider that the contribution of 4$^{li}$ 3$^s$ 4$^d$ per thousand from the army was propounded and procured by your petitioner, and that therefore, having done such a service in procuring the wages as well as performing the worke, hee humbly craves releife in the aforementioned particulars:
4thly. Your petitioner humbly intreateth your honoures to thinke how hard a case itt is, that the reimbursement of a litle money paid to the late surveyors should bee required from your petitioner; whereas it was never knowne but, in new and difficult designes, something must bee lost in making of tryalls and exsperiments to find out the best way.
Lastly, this craving of extraordinary considerations in these extraordinary cases is noe more then what your petitioner hath without importunity afforded almost unto every man that hath been imployed under him, uppon farr less grounds; hee having severall times allowed even double to his agreement, and that even after the service was finished, when hee had noe kind of constraint uppon him soe to doe.
Whereuppon their Lordshipps granted the following order:
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Whereas by an order of this board, dated the 15th of May last, the Surveyor-Generall of lands was required to take care for the examining and casting up of the severall plotts and bookes of reference which were returned in by D$^r$ William Petty, concerning the surveyes of the three provinces, and to see that the same were duly perfected and returned according to the articles of his agreement or contract, or otherwise to state and present the defects of the said survey unto this board; and for the better performance and dispatch thereof, the said Surveyor-Generall was thereby impowered to imploy soe many able and discreet persons as he should thinke fitt, not exceeding the number of four, as by the said more at large appeareth; and whereas the said Surveyor-Generall hath, pursuant thereto, in August last, presented unto this board his report ​concerning the state of the examination of the said D$^r$ Pettyes survey, with what defects he had observed in reference to the particulars undertaken by the said D$^r$, and what still remaines further to bee performed for and towards the finall compleating of his whole contract with the Commonwealth, itt is thought fitt and ordered that Captain Stephen Allen, Richard De Lawne, and William Hopkins, or any two of them, being the persons appointed by the Surveyor-Generall to examine the platts and books of references returned by the said Doctor Petty, of the severall barronyes by him admeasured for the army, and to compare the same with the particulars of his contract, and other instructions, pursuant to the order above-mentioned, doe, by Wensday next, in the afternoone, prepare and attend the board with a perfect and particular accompt of the contents of the respective barronyes which the said D$^r$ hath admeasured with the instrument, according to the tenor of his agreement, for the consideration of this board, in reference to the order abovementioned. Dated at the Councill chamber, Dublyn, the 7th of November, 1657.
Tho. Herbert, Clerk of the Councill.
When the accompt above mentioned was neer finished, before it came to the auditors to be cast up into money, the D$^r$ did, by the Councells command, digest his humble desires in order to a finall stating of his said accompt into six heads set forth in the following paper:
    1st. That your Lordships would bee pleased to declare your acceptance and allowance of my survey as having been well and sufficiently performed.
1st. Because the worke is vouched by the oathes and certificats not only of the measurers themselves but allsoe of certaine examiners noe wayes concerned therein.
2dly. Because the said worke hath been managed by full and perfect instructions, and by rules and a method whereunto nothing could bee added, even by the Surveyor-Generall in this latter undertaking of the adventurers, the which were all followed and practised, as none of the surveyors now imployed on the adventurers lands could deny, who, being bound to noe more then what was formerly practised uppon my owne accompt, would not have borne any such new and unpractized impositions.
​3dly. Uppon the 11th of March last I brought neer fifty of my workmen and eight of my examiners to appeare before a grand committee of the Councill, asisted with the cheif officers of the army and severall able, though prejudiced, artists, which workmen were actually and extempore to try and prove any piece of worke which should bee called for out of the whole, and viva voce to answer unto any defect of the same.
4thly. The same examination being afterwards againe more particularly referred to a speciall committee of able artists, though prejudiced persons, and even my competitors in the same business, itt was by them reported that the worke had been managed with all possible care and security, and with all the causes of certainety and sufficiency imaginable.
5thly. The worke hath alsoe been every day for above six moneths under another kind of examination, which hath cost me above one hundred pounds to attend uppon it, the report of which examination, made by the Surveyor-Generall in August last, I then answered from point to point, I hope to your lordshipps satisfaction.
7thly. Allthough the like examinations were never imposed uppon any of the severall surveyes immediately preceeding mine, neither was any security required besides the measurers own oath, nor noe audite of his accompt but his owne subscription, nor noe punishment or correction of errors but to repay the money which hee should have received for more acres then really there were when such error was discovered, yet I never refused to give any satisfaction that ever was demanded, how impertinent soever I myselfe knew the same to bee.
8thly. In the late competitions about undertaking of the adventurers survey all my men at one time or other endeavoured to defame me and my performance, and withall ript up whatever they knew of miscarriage either in me or in one another, carreying their accusations to the Surveyor-Generall, whome they supposed to bee my enemy; in all which nothing whereof I am ashamed hath been produced or made good against mee, nor was any suspition but soe much as hinted at which I have not since provided for by extraordinary security.
9thly. When in the beginning of March last I exhibited this my survey, desiring an absolute accompt and satisfaction for the same, it was denyed me, untill, by the aforementioned examination, my worke should bee found practiseable; wherefore now the whole end of the said survey being fully atchieved, ​I hope it will be admitted as practiseable and sufficient, since it hath been actually and without exception practised, by setting out of the lands thereby.
10thly. The fforces disbanded in September, 1655, have now been above twelve moneths in posession of their lands: in all which time noe man hath complained of more then one error which hath deserved redresse.
11thly. Your Lordshipps imploying me againe is, I hope, as full and reall an acknowledgement of my works sufficiency as I can desire, though, perhapps, not soe formall as is necessary.
12thly. And notwithstanding there should bee many errors and defects in the said worke, yet indulgence and connivance can never better become any service then this, which, being thought a seaven yeares worke, was finished in one, notwithstanding the greatest hindrances and oppositions that ever attended any of the like nature.
    2dly. I humbly desire that my security may bee released in March next, or thereaboutes.
1st. Because, allthough I am to answer such complaints as shall bee made within twelvemoneth after possession, which is not yet given universally, yett it was allwayes intended that downe admeasurement and possession should goe together; but the said downe admeasurement was all furnished by March last, and therefore by the intention of my articles I am to bee released in March next.
2dly. The time which is yet like to remaine betweene that of possession and March next, being neer four moneths, is long enough to find out any fault, where there are soe many thousand to seeke it, and such as will spare noe paines to find it; neither was soe long a time as twelve moneths pitched uppon as necessary for that purpose, but by way of provision for those hindrances and delayes which have since appeared.
3dly. If I am not to be then released, I am bound ad infinitum, that is ad impossibile, which can not bee understood; ffor if any one of the many thousands with whome I have to deale shall either be hindered in or neglect his possession, I and my security must remaine bound untill twelve moneths after that unlimitted delay, which I hope was never intended.
4thly. I have, for doeing the publicke service, and for that only, made my selfe many enemyes, who at one time or other, if the conclusion of my business ​bee delayed, may find an opportunity to effect some mischief against mee, unto the danger whereof I have noe reason to exspose my selfe without cause.
5thly. Itt can not bee exspected that I, for answering of uncertaine complaints, should keepe all the men that ever I employed in readiness uppon such occasions, they who did any defective worke being best able to correct it, unto soe unlimitted a time, especially since, neither by the number or nature of the errors which have been detected in the farr greater halfe of the worke, there appeares any necessity of such an exspectation.
Whereof I humbly desire that myselfe and friends, whome I promised about that time to discharge, bee not detained in any needlesse entanglement any longer than the first of March abovementioned, I having performed all things requisite for our deliverance even before that terme.
    Thirdly. That your lordshipps would, before the army be satisfied their respective proportions of land, bee pleased to state and agree what is my due for measuring the same.
1st. Because I cannot accompt with my underworkemen untill your lordshipps have accompted with mee, their wages depending in maney cases uppon mine; whereby I am not only dayly molested with the importunity of a clamorouse and indigent people, but am forced with much danger to lend them money to keepe them within call untill wee can bee cleare on all hands.
2dly. Because noe possession can be firme or valid before the survey bee signed and vouched by me; now as I cannot vouch them untill your lordshipps have allowed them, soe I cannot believe that your lordshipps have allowed them untill you have allsoe allowed me, and stated what is due unto mee for them.
3dly. I have attended uppon itt neer these eight monethes, and therefore hope your lordshipps will thinke it time now that I should bee dispatched, since all things, especially on my part, are fully ripe and prepared thereunto, the examinations remaining being of litle use, and for that arithmeticall errors may bee excepted, as is usuall in all accompts; and since the auditors of the Exchequer have by your lordshipps order allready rated the severall counties, and since that they, with the Surveyor-Generall, hath exhibited the state of the reimbursement for the former grosse admeasurement, in which particulars the whole accompt doth consist.
4thly. I have for these many moneths kept the bookes within my owne ​charge, and taken uppon myselfe the hazard of fire, loss, or other detriment incident unto them, of all which I hope tis now time to discharge mee.
5thly. Since the passing my accompts is like to carry noe money out of the publicke treasury, but possibly may bring backe some into itt, if too long delay shall not hinder the same, with reference to the collecting the souldiers pence, which can not well be done before the accompt be passed.
6thly. If the army have their lands before my accompts bee passed, I and all my friends and relations are at the mercy of a multitude of discontented querulouse persons, for our creditt and livelyhoods, neither have I any thing by way of security but a company of uselesse papers, whereas I have on the other side given good security for my owne performance; and in case I should not find in your lordshipps successors the same honourable dealing that I have hitherto found in your lordshipps, I may bee paid with captiouse and frivolouse objections instead of money; suitors for old and past services, when the State is in want, seldome finding but cold entertainement, how great a good soever their services have been.
7thly. I have about a thousand pounds more due unto me for the countyes of Wicklow, Carlow, and Limricke, which, through the neglect of the Commissioners of civill survey, and of the other Commissioners for setting out lands, can not be perfected; the which, with my four thousand pounds security, will make good all arithmeticall errors which can possibly escape in this present accompt, and all other matters that can bee in controversy.
    Ffourthly. That I may be allowed for my worke according to my accompt now exhibited, notwithstanding some part of the subdivision is not yett actually performed.
1st. Because the subdivision ought to have been carried on with the downe admeasurement as one worke, the which, for that they might have been done together with the same labour and charge, I am therefore obliged to doe a part, as appeares by my contract and your Lordshipps order, 22° May, 1655.
2dly. Although I had been obliged to doe them a part, yett, the time of performing them being exspired, I am now neither obliged thereunto by the law or letter of my articles, nor by the reason and equity of them, the same being a new and a double worke.
​3dly. The obliged promise of goeing twice uppon the worke, allthough it had been written in my articles, doeth not oblige mee in this case.
4thly. The letter of my articles concerning my pay for the subdivision doth not oppose this my demand.
5thly. The articles concerning the advanceing of 5$^{li}$ 10$^s$ per thousand acres uppon the downe admeasurement, clearely makes out what I desire to bee the same with the intention of the contract herein.
6thly. If am obliged still thereunto, I may stand obliged for ever, which is impossible and absurd.
7thly. I have actually and absolutely either paid or engaged for subdivision not yett performed, soe that herein I desire noe more to be done to my selfe then what I have really done to others.
8thly. The subdivision performed will not amount unto neere soe much as the survey of Wicklow, Carlow, and Limricke, not placed to this account, will amount unto.
    Ffifthly. Blank.
    Sixthly. I humbly desire your Lordshipps favour in remitting a considerable part of the reimbursement to bee made for 2054$^{li}$ said to bee formerly disburst uppon the grosse admeasurement.
1st. Because noe worke at all was ever soe much as pretended to have been done for part of the money.
2dly. Noe account was ever perfected from another part.
3dly. Some of the said money was paid on mixt accompts.
4thly. The most part of the whole was not legally demandable, for such only I am bound to reimburse.
5thly. Itt was money lost uppon exsperriments, which is ever allowed in these great and difficult works.
6thly. I assented unto it only for feare, in case of a breach, of being thought to have made a frivolouse vaper instead of a solid proportion, and such as I could performe.
7thly. Att the first exhibiting of my accompt, your Lordshipps promised an abatement of part thereof, by way of reliefe, and of certaine extraordinary greivances then presented, and the proportion of the abatement was ordered to bee ​referred to the auditors of the Exchequer, but put of againe only untill I should have past the examination, which hath been since done.
8thly. The whole undertaking was performed precisely within the time, beyond all mens exspectation, notwithstanding whatever I promised or undertooke, ffor which some putt me in hopes of an extraordinary gratuity.
9thly. This worke, which hath been soe exactly performed and rigorousely examined, hath not cost the State soe much as former gross surveyes have done.
10thly. I have my selfe, in many cases, given unto such as have wrought under me double allowance to their respective agreements.
11thly. I humbly desire your Lordshipps to testifie your acceptance of my endeavoures by your favour herein, uppon which I only rely, notwithstanding all the just motives aforementioned.
Whereuppon their Lordshipps issue the following order:
By His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
The Councill having considered of the third proposall of D$^r$ William Petty, praying that the Councill would, before the army be satisfyed their respective proportions of land, bee pleased to state and agree what is due for measuring the same, as allsoe of the fourth proposall, praying that hee may bee allowed for his worke according to his account now exhibited, notwithstanding some part of the subdivision is not yett actually performed. As to the third proposall aforementioned:
Ordered,
That it bee referred to the Auditors of His Highness Court of Exchequer to consider thereoff, and to state the said Doctors accompt for what shall appeare due unto him uppon the contract of his admeasurement of the lands for satisfaction of the arreares of the army. And the said auditors are further required to consider of the said D$^{rs}$ fourth proposall; and according thereunto, and the contents of the barronyes which the said D$^r$ hath admeasured, and as returned unto this board by Captain Allen, Richard Delawne, and William Hopkins, or two of them, herewith sent them, to state and compute the debt, according to the quantity thereby certifyed, and agreeable to such rates as the said auditors have formerly accounted them att, pursuant to an order of this board, dated the third day of March last, together with the accompt of the barrony lines, and to ​certifie the same, for the further consideration of this board. Dated at the Councill chamber, Dublyn, the 12th of November, 1656.
Tho. Herbert, Clerk of the Councill.
As alsoe another order of the same date to a Committee, of the Councill, to consider of the reimbursements of the grosse survey.
By His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
Vppon consideration of the sixth proposall of D$^r$ William Petty hereunto annexed, craving the favour of this board in remitting a considerable part of the reimbursements to be made for the 2054$^{li}$, said to bee formerly disburst uppon the gross admeasurement; ordered, that it bee referred to the Lord Chief Baron, Collonell Mathew Thomlinson, and William Bury, Esq., who, as a committee of the Councill, are desired to consider thereof, and of his reasons subjoined thereunto; as allsoe of the contract made concerning the same, and what worke hath been performed in order thereto, with what remaines further to be done, as allsoe to hear what the D$^r$ can offer thereuppon, why any part of the same should bee remitted; as alsoe of what hath been stated and reported by the auditors and Surveyor-Generall in the case, and uppon the whole to certifie matter of fact, with what else they may judge fitt for the further consideration of the board. Dated att the Councill chamber in Dublyn, the 12th of November, 1656.
Tho. Herbert, Clerk of the Councill.
To His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
The humble petition of D$^r$ William Petty
Sheweth,—
That whereas there are charged uppon your petitioner severall summs of money, as formerly paid for grosse admeasurements, the which ought not by the explanation of his articles to bee reimbursed by your petitioner, but out of the last money which should be due unto him uppon his contract.
Your petitioner humbly prays that whatsoever part of the said summs your Lordshipps shall please to require from your petitioner may not be defalked out of his present payment, but out of what shall be due unto him for the countyes of Wicklow, Limricke, and Carlow, the profitable lands whereof amount unto ​1352$^{li}$, and the unprofitable and church lands, by estimate, unto as much more as will make the same neer 1600$^{li}$, which your petitioner hopes will bee sufficient security for the said reimbursement, allthough your petitioners other engagement of 4000$^{li}$ were not in being.
Moreover there is allwayes, and from [time] to time due unto your petitioner 2000$^{li}$, by way of advance, over and above whatsoever shall bee due unto him for worke done.
Wherefore your petitioner humbly desires that the said reimbursements may bee esteemed as part of the said advance, and consequently that the same may not bee defalked now, that soe the accounts which your petitioner is now to pass may bee soe cleare and absolute as is necessary and reasonable in this present condition of his affaires.
And your petitioner shall pray.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Vppon consideration had of the within petition of D$^r$ William Petty, praying that the reimbursements therein mentioned may bee esteemed as part of the advance, and that the same may not now bee defalked, but that his accompts may pass, &c. Ordered, that it bee referred to the Lord Chief Baron, Collonell Mathew Thomlinson, and William Bury, Esq., who, as a Committee of the Councill, are desired to consider of the same, and, uppon calling the petitioner before them, in case he shall give them satisfaction as to the matter of fact, they are then to report the same unto the board, to the end the summ therein mentioned may bee respited, and the accompt pass, as is desired. Dated at the Councill chamber in Dublyn, the 19th of November, 1656.
Tho. Herbert, Clerke of the Councill.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Vppon further consideration had of the within petition of Doctor William Petty, setting forth that severall summs of money are charged uppon him as formerly paid for grosse admeasurement, the which ought not by the explanation of his articles to bee reimbursed but out of the last money which should bee due unto him uppon his contract, and thereuppon desiring that the same may not bee defalked out of his present payment, but out of what shall be due ​unto him for the countyes of Wicklow, Carlow, and Limericke: Ordered, that the said summs of money chargeable uppon him as afforesaid, be respitted uppon present accompt without defalcation; and that his said accompt doe pass without receiving interruption for the same; and itt is further ordered, that the said summs of money, chargeable uppon him as afforesaid be nevertheless brought in uppon his future or next accompt, and such reimbursements then to bee made for the same as shall appeare to bee just and fitt. Dated att the Council chamber in Dublyn, the 24th of November, 1656.
Tho. Herbert, Clerk of the Councill.
A Particular of the Contents of the Baronys admeasured by Dr. Petty, which have been examined in the Surveyor-Generall's Office.
Sworne before me, the 27th of November, 1656.
Miles Corbett.
Sworne before me, the 27th of November, 1656.
Miles Corbett.
To the Right Honorable His Highness the Lord Protectors Councill for the Affaires of Ireland.
May it please your Lordshipps.
In pursuance of your honors order of the 12th of November instant, grounded uppon the proposalls of D$^r$ William Petty, desiring that his accompts of lands admeasured might bee stated according to the returne made to your lordshipps by Richard Delawne and Wm. Hopkins, wherein wee are required to state and compute the debt according to the quantityes certified and agreeable to the rates in our former report, bearing date the 11th day of March, 1655, wee make bold humbly to certifie that uppon the 11th of December, 1654, the said D$^r$ entered into articles of agreement for the admeasurement of ten halfe countyes granted in satisfaction to the officers and souldiers, with other counties as additionall security, together with the reserved countyes and the bishopps lands; in consideration of all which wee find that he was to receive for every thousand acres of forfeited profitable lands, to bee sett out in satisfaction of the souldiers arreares, the sum of seven pounds three shillings and fourpence, and for every thousand acres of lands reserved to His Highness and the Commonwealth, and not given and disposed of to the souldiers, as likewise for every thousand acres unprofitable land, of parcells under five hundred acres, the summ of three pounds, and for surrounding the barrony lines of the lands to be set out to the souldiery, one thousand pounds; according to which rates wee have computed the following quantityes of land, being agreeable to the returne made by the said De Lawne and Hopkins, viz$^t$.
Forfeited profitable Lands, disposeable to the Army att 7$^{li}$ 3$^s$ 4$^d$ per thousand Acres.
| Tipperary, | | 173335 | 1 | 0 |
| Waterford, | | 82205 | 0 | 0 |
| Kerrey, | | 408120 | 0 | 23 |
| Corke, viz$^t$, Kerricurrily, Kinalea, and Carbury, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | 173174 | 2 | 7 |
| Kildare, | | 93410 | 1 | 1 |
| Longford, | | 50229 | 0 | 22 |
| Kings County, | | 67670 | 2 | 29 |
| Kilkenny, | | 100539 | 3 | 16 |
| Queenes County, | | 62064 | 1 | 4 |
| Wexford, | | 202993 | 0 | 25 |
| Westmeath, | | 86450 | 1 | 23 |
| Eastmeath, | | 146415 | 2 | 20 |
| Downe, | | 23594 | 0 | 18 |
| Antrim, | | 78485 | 1 | 11 |
| Armagh, | | 22907 | 3 | 31 |
| Donnegall, | | 9373 | 1 | 0 |
| Tyrone, | | 18339 | 2 | 10 |
| Londonderry, | | 10305 | 0 | 25 |
| Totall of Acres, | | 1809613 | 2 | 25 |
| Summe, | | 12968$^{li}$ | 17$^s$ | 10¾$^d$ |
Vnprofitable forfeited Lands, lying in distinct Parcells, each of them under five hundred Acres, att three Pounds per Thousand Acres.
| Tipperary, | 19227 | 3 | 0 |
| Waterford, | 4151 | 0 | 0 |
| Kerrey, | 14250 | 1 | 2 |
| Corke, | 21631 | 3 | 10 |
| Kildare, | 4023 | 2 | 8 ​ |
| Longford, | 6087 | 3 | 16 |
| Kings County, | 8711 | 1 | 16 |
| Kilkenny, | 1116 | 0 | 0 |
| Queens County, | 3286 | 1 | 0 |
| Wexford, | 4259 | 1 | 6 |
| Westmeath, | 8521 | 0 | 18 |
| Eastmeath, | 5302 | 0 | 38 |
| Downe, | 3712 | 2 | 15 |
| Armagh, | 4519 | 0 | 0 |
| Antrim, | 7847 | 2 | 8 |
| Donnegall, | 6309 | 2 | 0 |
| Tyrone, | 3700 | 1 | 20 |
| Londonderry, | 4165 | 2 | 3 |
| Dublin, | 1666 | 2 | 30 |
| Totall of Acres, | 132489 | 2 | 30 |
| Summe, | 397$^{li}$ | 7$^s$ | 3¼$^d$ |
Bishopps Lands, Gleabe Lands, and other Church Lands, Crowne Lands, &c., att three Pounds per Thousand.
| Tipperary, | 2354 | 1 | 0 |
| Waterford, | 3224 | 3 | 0 |
| Kerrey, | 1868 | 1 | 19 |
| Corke, | 13275 | 2 | 20 |
| Kildare, | 893 | 3 | 39 |
| Longford, | 716 | 3 | 18 |
| Kings County, | 786 | 1 | 25 |
| Kilkenny, | 3924 | 1 | 9 |
| Queens County, | 1844 | 0 | 8 |
| Wexford, | 6763 | 0 | 0 |
| Westmeath, | 1023 | 2 | 36 |
| Eastmeath, | 1870 | 2 | 38 |
| Downe, | 9889 | 0 | 12 |
| Antrim, | 8467 | 2 | 0 ​ |
| Armagh, | 9723 | 1 | 0 |
| Donegall, | 76957 | 2 | 32 |
| Tyrone, | 59403 | 3 | 8 |
| Londonderry, | 54492 | 3 | 12 |
| Dublyn, | 4379 | 0 | 22 |
| | 262159 | 1 | 18 |
| Summ, | 786$^{li}$ | 9$^s$ | 7¾$^d$ |
Commons appertaining to the forfeited Lands profitable and disposeable to the Army, att seaven Pounds three Shillings four Pence per thousand Acres.
| Tipperary, | 478 | 0 | 0 |
| Waterford, | 1446 | 0 | 0 |
| Kerrey, | 22552 | 1 | 36 |
| Corke, | 144 | 0 | 0 |
| Kildare, | 4527 | 2 | 24 |
| Longford, | 314 | 3 | 4 |
| Kings County, | 178 | 2 | 0 |
| Kilkenny, | 0 | 0 | 0 |
| Queens County, | 0 | 0 | 0 |
| Wexford, | 1258 | 0 | 0 |
| Westmeath, | 276 | 0 | 0 |
| Eastmeath, | 351 | 0 | 4 |
| Downe, | 142 | 0 | 0 |
| Antrim, | 0 | 0 | 0 |
| Armagh, | 0 | 0 | 0 |
| Donnegall, | 0 | 0 | 0 |
| Tyrone, | 0 | 0 | 0 |
| Londonderry, | 0 | 0 | 0 |
| Dublyn, | 706 | 1 | 0 |
| Totall of Acres, | 32374 | 2 | 28 |
| Summe, | 232$^{li}$ | 12$^s$ | 8$^d$ |
| Lands reserved to His Highness and the Commonwealth, lyeing in the county of Dublyn and part of Corke, att three pounds per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right\}\,$ | Acre.rod.pe. 41645234 |
| Summe, | | 1249$^{li}$7$^s$1½$^d$ |
| Vnprofitable lands certifyed to be in parcells under five hundred acres, but such as, by their joining together, doe compose parcells above five hundred acres, att three pounds per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | 69291216 |
| Summe, | | 207$^{li}$18$^s$0$^d$ |
| Ffor the outline lines of all the afforementioned barronyes, per agreement, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | 1000$^{li}$0$^s$0$^d$ |
Soe that there is due unto the said D$^r$ William Petty, uppon the afforegoing accompt, the severall summs hereunder specifyed, viz$^t$:
| Imprimis, ffor one million eight hundred and nine thousand six hundred and thirteene acres two roods twenty-five perches of profeitable forfeited lands disposeable to the army, at seaven pounds three shillings four pence per thousand acres | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | 12968$^{li}$17$^s$10$^d$ |
| Item, for one hundred thirty-two thousands four hundred eighty-nine acres two roods and thirty perches of unprofitable forfeited lands, lying in distinct parcells, each of them under five hundred acres, att three pounds per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | 397$^{li}$7$^s$3$^d$ |
| Item, for two hundred sixty-two thousand one hundred fifty- nine acres one rood and eighteene perches of bishopps lands, gleabe lands, and other church lands, crowne lands, &c., att three pounds per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right\}\,$ | 786$^{li}$9$^s$7$^d$ ​ |
| Item, for thirty-two thousand three hundred and seaventy-four acres two roods and twenty-eight perches of commons appertaining to the profitable lands disposeable to the army, at seaven pounds three shillings four pence per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | 232$^{li}$12$^s$8$^d$ |
| Item, for four hundred and sixteene thousand four hundred fifty-two acres three roods and four perches of lands reserved to His Highness and the Commonwealths use, lyeing in the county of Dublin and part of Corke, at three pounds per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right\}\,$ | 1249$^{li}$7$^s$1½$^d$ |
| Item, for sixty-nine thousands two hundred ninety-one acres two roods and sixteene perches of unprofitable land, certifyed to bee in parcells under five hundred acres, but such as by their joining together doe compose parcells of above 500 acres, at 3 pounds per thousand acres, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right\}\,$ | 207$^{li}$18$^s$0$^d$ |
| Item, for the out lines of all the afforementioned barronyes, as per agreement, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | 1000$^{li}$0$^s$0$^d$ |
| The totall of all which particulars amounts to the summ of sixteene thousand eight hundred forty-two pounds twelve shillings seaven pence farthing, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,$ | 16842$^{li}$12$^s$7¼$^d$ |
November the 26th, 1656.
| There is due unto D$^r$ William Petty, uppon the foot of his accompt for surveyes, the summ of | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | 16842$^{li}$12$^s$7¼$^d$ |
| There hath been paid unto the said D$^r$ William Petty, by severall warrants from the Councill, the summe of | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | 10500$^{li}$0$^s$0$^d$ |
| There hath been discounted from the army, and paid unto him, the summe of | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | 2557$^{li}$17$^s$3$^d$ |
M$^d$. Itt doth appeare by Mr. Standish his certificate, bearing date this day, that the above 13057$^{li}$ 17$^s$ 3$^d$ hath been received by the said D$^r$ Petty, and is all that hee knoweth chargeable uppon the account of the said Doctor for admeasurement of lands.
| Soe that there remaines yett due to the said D$^r$ William Petty the summ of three thousand seven hundred eighty four pounds fifteene shillings and four pence farthing, | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,$ | 3784$^{li}$15$^s$4¼$^d$ |
M$^d$. That what is due to the said D$^r$ William Petty for the survey of the three countyes of Wickelow, Catherlogh, and Limericke, and allsoewhat is, per contra, due from the said D$^r$ to the Commonwealth, uppon the accompt of a former gross admeasurement, are both of them omitted in this present accompt.
Materialls being thus prepared for confirmation of the whole, there issueth the following orders:
By His Highnesse the Lord Protectors Councill for the Affaires of Ireland.
Ordered,
That Mr. Delawne and Mr. Hopkins doe fforthwith make oath, before the Lord Chief Baron of His Highness Court of Exchequer, of the trueth of their returne of the contents of the barronyes surveyed by D$^r$ Petty, and by them lately presented to this board. Dated att the Councill chamber in Dublyn, the 26th of November, 1656.
Tho. Herbert, Clerke of the Councille.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
The Councill having considered of the annexed report of the auditors of His Highness Court of Exchequer, dated the 26th of November, instant, of the accompt of Doctor William Petty, doe thinke fitt and order that the said report be referred backe to the said auditors, who, having considered thereof, and conferred with the said Doctor about the same, are together to prepare such a declaration or order of discharge for the said D$^r$, as the said auditors shall conceive fitt to bee passed by this board uppon that account. Dated at the Councill chamber in Dublyn, the 26° of November, 1656.
Tho. Herbert, Clerk of the Councill.
To His Highness the Lord Protectors Councill for the Affaires of Ireland.
May it please your Lordshipps, —
Wee have received backe from your Lordshipps the report given in by our selves uppon D$^r$ William Petty's accompt for survey, dated the 26th instant, and have, according to your Lordshipps order, considered of the same againe, and, finding noe reason to alter any thing therein, have remitted the same backe to your Lordshipps; wee have likewise conferred with the said D$^r$ William Petty, concerning such a declaration and order of discharge of the said accompt as wee humbly conceive is fitt to pass your Lordshipps, and having drawne it up, doe likewise therewith, and with our said former report, humbly tender and submitt the same unto your Lordshipps.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
The Councill having considered of the report and accompt examined by Robert Gorge and Edward Roberts, Auditors-Generall, in answer to an order of this board of the 12th of November instant, according to the returne uppon oath of Mr. Richard De Lawne and William Hopkins, imployed by Benjamin Worseley, Esq., Surveyor-Generall, for the examining and casting up of the lands admeasured by D$^r$ William Petty by which it appeares that the said 1809613$^a$ 2$^r$ 25$^p$ profitable. D$^r$ hath admeasured as followeth, viz$^t$, one million eight hundred and nine thousand six hundred and thirteene acres two roods and twenty-five perches of forfeited profitable land; one hundred thirty-two thousand four hundred eighty-nine acres two roods and thirty perches of 132489$^a$ 2$^r$ 30$^p$ unprofitable. unprofitable forfeited lands; two hundred sixty-two thousand one hundred fifty-nine acres one rood and eighteene perches of bishopps lands, gleab lands, and other church lands, crowne lands, &c.; thirty three thousand two hundred seaventy-four acres two roods and twenty-eight perches of commons appertaining to the forfeited profitable lands; ffour hundred and sixteene thousand four hundred fifty-two acres three roods and four perches of land reserved to His Highness and the Commonwealth, lying in the county of Dublyn and part of Corke; sixty-nine thousand two hundred ninety-one acres two roods and sixteene perches of unprofitable lands certifyed to bee in ​parcells under five hundred acres, together with the outlines of the respective barronyes wherein the said lands doe lye: according to which, and the contract with him made the 11th of December, 1654, and the report of the said Auditors-generall, it appeares that, according to the rates agreed uppon in the said contract, there is due unto the said D$^r$ William Petty, for the above said lands by him admeasured, the summe of sixteene thousand eight hundred 16842$^{li}$ 12$^s$ 7¼$^d$ due.forty-two pounds twelve shillings seaven pence farthing strerling, of which he hath received by severall warrants from this board ten thousands five hundred pounds sterling, and from the officers and souldiers of the army two thousand five hundred fifty-seaven pounds, seaventeene shillings, and three pence, sterling; soe that there remaines further due to the said D$^r$ William Petty, for admeasuring and setting out of the said lands, the summe of three thousand seaven hundred eighty-four pounds, fifteene shillings, and fourpence farthing, sterling; uppon all which the Councill doe allow and approve of the said accompts, provided itt extend not to the 2054$^{li}$, which, according to the late order of this Board, dated the 24th of this present moneth, is ordered to be brought in uppon his next accompt, or to what shall appeare due to the said D$^r$ Petty uppon his survey of the three countyes of Wickelow, Catherlogh, and Limericke. Dated att the Councill chamber in Dublyn, the 28th November, 1656.
Tho. Herbert, Clerk of the Councill.
This generall accompt being thus passed, when the surveyes of Limricke, Catherlogh, and Wickelow, were examined as the others were, there issued the following orders, viz$^t$:
By his Highness the Lord Protectors Councill for the Affaires of Ireland.
Whereas by an order of this Board of the 15th of May last, the Surveyor-Generall of lands was required to take care for the examining and casting up of the severall plotts and books of references which were returned in by D$^r$ William Petty, concerning the surveyes of the three provinces, and to see that the same be duely perfected and returned according to the articles of his agreement or contract, or otherwise to state and present the defects of the said survey unto this Board; and for the better performance and dispatch thereof, the said Surveyor-Generall was thereby impowered to imploy soe many able and discreet ​persons as hee should thinke fitt, not exceeding the number of four, as by the said order more at large appeareth. And whereas the said Surveyor-Generall hath, pursuant thereto, in August last, presented unto this Board his report concerning the state of the examination of the said D$^r$ Pettyes survey, with what defects he hath observed in reference to the particulars undertaken by the said Doctor, and what remains still further to bee performed for and towards the finall compleating of his whole contract with the Commonwealth, itt is thought fitt and ordered that Christopher Gough, deputy to the said Surveyor-Generall, and such other clerke and clerks belonging to the Surveyor-Generalls office as hee shall appoint, doe, with all convenient speed, prepare an exact and perfect particular accompt of the lands of the respective barronyes within the three countyes of Wicklow, Catherlogh, and Limricke, as the said D$^r$ Petty hath allready admeasured by the instrument, according to the tenor of his agreement; and that they doe make oath thereof before any one of the Masters of the Chancery, and returne the same unto this Board for further consideration to bee had thereuppon. Dated at the Councill chamber in Dublin, the 24th of March, 1656.
Tho. Herbert, Clerk of the Councill.
M$^d$ That the examination of the countreys of Wicklow and Carlow was only betwixt plott and reference, noe civill survey or abstracts of them being yet returned into the Surveyor-Generalls office.
This day Henry Moncke and Phillip Conway deposed before mee that what they have above certified is trueth.
John Temple.
By his Highness the Lord Protectors Councill for the Affaires of Ireland.
Ordered,
That the auditors of his Highness court of Exchequer doe review a former accompt of theirs, exhibited concerning the reimbursements which D$^r$ William Petty was (pursuant to his articles) to make for the 2054$^{li}$ alledged to be disbursed uppon the gross admeasurement; and they are carefully to examine what monyes have actually been paid him uppon that accompt, with what else they may judge materiall in that bussiness. And it is further ordered that the said auditors doe uppon the accompt of the contents of the severall barronyes of Wicklow, Catherlogh, and Limricke, as delivered by Mr. Christopher Gough, and others by him appointed, uppon oath, compute, according to the contract of the 11th of December, 1654, what appeares to be due unto the said D$^r$ Petty for his survey of the said baronyes; and withall to ballance the said accompt, and present the same for the further consideration of this board. Dated at the Councill chamber, in Dublin, the 25th of March, 1657.
Tho. Herbert, Clerk of the Councill.
To the Right Honourable his Highness the Lord Protectors Councill for the Affaires of Ireland
May it please your Lordshipps,
In obedience to your Lordshipps order of reference of the 25th of March, instant, wee have reviewed a former accompt by us exhibited to your Lordshipps, concerning the reimbursements that D$^r$ Petty was, pursuant to his articles of the 11th of December, 1654, to make, amounting, as wee then conceived, unto two thousand fifty-four pounds, nineteene shillings, as soe much disbursed uppon the grosse admeasurement, at 45$^s$ per thousand acres, in the 17th of the said articles mentioned; but, uppon further enquiry into the matter, find that, allthough warrants were yssued for the payments of the said summes unto severall persons, yet there was but nineteene hundred fifty-four pounds, nineteene shillings, actually and really paid unto them. Wee have allsoe transmitted unto your Lordshipps the accompt of that whole affaire, as it was sent unto us by the Surveyor-Generall, exspresseing and specifyeing the severall states and grounds of each of the said payments respectively, for your lordshipps further consideration. Wee have allsoe, according to the said order of your Lordshipps, computed, according to the said contract and articles of the 11th of December, 1654, what appeares to bee due unto the said D$^r$ Petty for his surveyes of the three countyes of Wicklow, Catherlogh, and Limricke, according to an accompt of their respective contents delivered in uppon oath before Sir John Temple, according to your lordshipps order in that behalfe, by Henry Moncke and Phillip Conway, whom M$^r$ Christopher Gough, deputy to the Surveyor-Generall, had by your Lordshipps said order appointed to cast up and examine the same, and doe thereuppon find to bee due to him, the said Doctor, for the said survey, as followeth, viz$^t$: 172369$^a$ 24$^p$ of lands profitable, and disposeable to the army, in the countyes of Wicklow and Limricke, which, att 7$^{li}$ 3$^s$ 4$^d$ per thousand acres, amounts unto 1235$^{li}$ 6$^s$ 4$^d$; allsoe for 65050$^a$ 3$^r$ of profitable forfeited lands in the county of Carlow; allsoe for 10029$^a$ 2$^r$ 3$^p$ of unprofitable lands, lying in parcells under 500$^a$, within the three countyes of Wicklow, Carlow, and Limericke; allsoe for 24289$^a$ 2$^r$ 21$^p$ of gleab and other church lands, profitable and unprofitable, within the three countyes: in all, 99369$^a$ 3$^r$ 24$^p$, which, at three pounds per thousand acres, amounts unto 298$^{li}$ 2$^s$ 2$^d$. Soe that there is due, in all, unto the said Doctor, uppon this accompt, the summe of ​fifteene hundred thirty-three pounds, eight shillings, and sixpence, the which being deducted out of the said 1954$^{li}$ 19$^s$ to bee reimbursed unto your Lordshipps by the said D$^r$ Petty, there remaines due unto your Lordshipps the sum of ffour hundred twenty-one pounds, ten shillings, sixpence, which is the ballance of the whole accompt required from us by your Lordshipps. All which wee humbly submitt.
E$^d$. Roberts.
31 of March, 1657.
By his Highness the Lord Protectors Councill ffor the Affaires of Ireland.
The Councill having taken into consideration a report of the Auditors-Generall, dated the 31th of March last, made uppon an order of reference from this board, of the 25th of the said moneth, whereby they certifie that, having reviewed a former accompt by them exhibited to this Board, concerning the reimbursements which D$^r$ William Petty was (pursuant to his articles of the 11th of December, 1654) to make, amounting, as was then conceived, to 2054$^{li}$ 19$^s$, as soe much disburst uppon the grosse admeasurement, att 45$^s$ per thousand acres, in the 17th article mentioned, but, uppon further examination, find that there was but 1954$^{li}$ 19$^s$ actually and really paid, though warrants had issued to severall persons for payments thereoff; and that, uppon computing what is due to the said D$^r$ for survey of the three countyes of Wicklow, Catherlogh, and Limricke, there appeared due (by the contents of acres surveyed) the sume of 1533$^{li}$ 8$^s$ 6$^d$, deducting which out of the aforesaid sume of 1954$^{li}$ 19$^s$ to be reimbursed by the said Doctor, there remaines 421$^{li}$ 10$^s$ 6$^d$, which is the ballance of the accompt; and uppon consideration likewise had of the said D$^{rs}$ petition and remonstrance, craving an allowance or mittigation of the said 421$^{li}$ 10$^s$ 6$^d$, without which the passing and cleering his accompts is obstructed, the Councill, having duely considered thereoff, have thought fitt, for those and other considerations, and accordingly order that the said summe of 421$^{li}$ 10$^s$ 6$^d$ bee allowed to the said D$^r$ uppon his accompt: provided, nevertheless, that if uppon future examination and compleating his contract and proceedings uppon the said surveyes, itt appeare that the said summe of 421$^{li}$ 10$^s$ 6$^d$ or any part thereof (notwithstanding his said reasons and remonstrance), shall not bee held fitt to be allowed him, that then the said summe, or such proportionable retrenchment as shall bee conceived meet, shall be subducted and ​reimbursed out of such allowance as shall be judged fitt to bee made him for his care and paines in setting out lands for the satisfaction of the army, or other publicke services by him to bee performed, and accordingly to bee accomptable for the same, of which the Auditors-Generall and others concerned are to take notice. Dated at the Councill chamber, in Dublin, the third of Aprille, 1657.
Tho. Herbert, Clerk of the Councill.