History of the Down Survey (Petty 1851)/5

by William Petty

 

CHAPTER V.

 

ON the 16^th of December, M^r Worsely sends the following letter to the surveyors imployed on the grosse surrounds:

Gentlemen,

M^r Worsly's letter to his surveyors 16^th Dec^b, 1654.By mine of the 17^th of November last, I gave you an accompt that the Lord Deputy and Councill, with a councill of officers, were of opinion, that the present surveys would not be sufficient to put every man into his particular proportion and quantity of land without another admeasurement; and that a tender was then made to the Lord Deputy and Councill, not only for the carreying on the generall survey of every barrony distinctly, both of the profitable and unprofitable land, but alsoe for the dividing and setting out to each man his particular proportion or share; for which cause my Lord Deputy and Councill, approving of the same, commanded me to signifie to you their pleasure not to enter uppon any new surrounds, nor making any further progress in the survey, untill further orders from them. Since which time there being articles of agreement passed and concluded by and between the Lord Deputy and Councill, on the behalfe of the Commonwealth, and D^r Petty as undertaker for the whole survey, as is above mentioned, I thought good to acquaint you therewith, to the intent as well that you might, if you thinke fitt, speedily repaire hither, and bring with you what you have allready done, that soe a consideration may be had of the worke, and due satisfaction made according to your contract.

I am your very loving friend and Servant,⁠
B. Worsley.

Dublin, the 16^th December, 1654.

On the 17^th of December, the articles were sealed and delivered, and bond given for the performance of them, viz^t.:

Know all men by these, that wee, William Petty, of the city of Dublyn, D^r in Physicke; Sir Hardress Waller, Knight; and John Clerke, doe acknowledge and confess our selfs to be owing and stand indebted unto his Highness Oliver, Lord Protector of the Commonwealth of England, Scotland, and Ireland, in the full summ of four thousand pounds of lawfull English money, to be paid to his said Highness, his successor or assignes, to the payment whereof, well and truely to be made and done, wee doe hereby bind our selfs, our heirs, executors, and administrators, jointly and severally, firmely by those presents. Sealed with our seales, and dated this eleventh day of December, 1654.

D^r Petty's bond of 4000^li for performance of articles.The condition of the above obligation is such, that if the above bounden William Petty shall and will well and truely observe, fulfill, performe, and keep all and every the articles, conditions, clauses, and agreements mentioned in one pair of indented articles, bearing date with these presents, and made betweene the said William Petty on the one part, and Benjamin Worseley, Esq., Surveyor-Generall for land on the behalfe of the Commonwealth, of the other part, which, on the part of the said William Petty, are to be well and truly observed, fulfilled, performed, and kept, according to the true intent and meaning of the said articles.

Then this obligation to be void, otherwise, to stand in full force and vertue. Sealed and delivered in the presence of

Ed. Roberts⁠ H. Markam. Sam. Goodwin.

William Petty. Har. Waller. Jo. Clerke.

And on the 25^th instant of December were ratifyed by the Lord Deputy and Councill, as is above expressed.

Severall warrants issued. In order to the worke thus undertaken, there yssues out the warrants following, vizt.:

Ffor men to shew the meares.

Ffor abstracts or lists of the lands to be surveyed.

Ffor access to such records, surveys, &c., as might be of use.

And alsoe to appoint a Committee of officers to consider how the said worke might bee began, and proceeded uppon as to the finall subdivision.

D^r Petty clears Sir H. Waller of some aspersions.Itt will not be improper in this place, where it appeares Sir Hardress Waller was one of the sureties for the D^rs performance, to undeceive the world of some false apprehensions in this matter, and to clear that noble person from an ugly imputation cast uppon him, which was, that he went halfes with the said Doctor for helping to drive on the contract betweene the State and the D^r to which end I shall here insert the very agreement made betweene the Doctor and the said Sir Hardress, viz^t.:

 

Articles of Agreement made, concluded, and agreed uppon, this 18^th Day of December, 1654, by and betweene Sir Hardress Waller, Knight, on the one Party, and William Petty, D^r of Physicke, on the other Part,

Wittnesseth,

Articles between S.H. Waller and D^r Petty, for a 6^th part of the whole, &c., 18 Dec^r, 1654.Whereas there is one pair of indentures, bearing date the eleventh instant, between Benjamin Worseley, Esq., Surveyor-Generall of the lands in Ireland, by the appointment of the Lord Deputy and Councill, on the behalfe of the Commonwealth, on the one part: and the above-named William Petty on the other part, for and about the surveying and admeasuring of the severall lands therein named, at the severall rates and according to the severall other conditions therein alsoe exspressed, as by the said articles whereunto these presents doe relate may more at large appeare.

Imprimis, itt [is] agreed that the said Sir Hardress Waller shall stand bound with the said William Petty, and John Clerke, apothecary, in a bond of four thousand pounds, for performance of the said articles betweene the said Benjamin Worseley and the said William Petty.

Item, that the said Sir Hardress Waller shall imploy his son, Walter Waller, Esq., at his own cost and charges, uppon the performance of the said articles within the province of Munster, in such manner as shall be thought best for the speedy dispatch of the same.

Item, that the said Sir Hardress Waller shall doe his utmost endeavour to procure such monyes and orders from time to time, and at all times, for the said William Petty, as he, the said William Petty, is by the said articles to have and receive from the Commonwealth or others, and alsoe to procure the speedy and effectuall execution of the said orders; and moreover shall, by all other lawfull wayes and meanes, asist the said William Petty to performe and discharge the said articles.

Item, the said Sir Hardress Waller shall discharge and pay one-sixth part of all charges incident unto the performance of the premisses.

In consideration whereof the said William Petty doeth promise and agree to pay unto the said Sir Hardress Waller one-sixt part of all the profitts that shall be made by and uppon the said articles by vertue of them, and shall at all times yeild and shew his books of accompts unto the said Sir Hardress Waller, for his satisfaction therein.

In witness whereof, &c.,⁠

Har. Waller,⁠
William Petty.⁠

Observations hereon, shewing Sir H. Waller never had one farthing.By which may be observed the time of making those articles, viz^t, the sixth of December, when the contract was fully perfected.

2dly. That his son, M^r Wallter Waller, was to carry on the worke in the whole province of Munster (which, as was before guessed) proved neer half the whole. Now, what were the parts and abilities of that admirable young gentleman is soe well knowne, that there is noe man but will thinke his paines and interest, as to soe great a proportion of the whole undertaking, might well deserve as much as by this contract was to be allowed; but, besides that, the most troublesome business of procuring orders from superiours, which were some hundreds, and that of collecting the monyes, which proved to be a very slavery, was part of Sir Hardress his undertaking. All which, with bearing one-sixth part of all disbursements, might be a sufficient ballance and consideration for what Sir Hardress was to receive.

I doe not mention his being bound with the Doctor, forasmuch as that was done rather as an owning and a proffessing of his being partner with him then as a thing which needed to have been done; ffor had Sir Hardress thought fitt to follow the Doctors advice, hee never had done it at all.

Moreover, itt is declared to all the world, that for as much as his son, M^r Wallter Waller, never acted, but went into England uppon his owne affaires, and that Sir Hardresse himselfe did not run through the clamour of collecting the money from the army, nor of procuring orders, &c., neither did he disburse any money, as was in the contract supposed, he never demanded [a] penny of the Doctor, nor any such inspection into his accompts as in the contract is mentioned; nor hath he appeared in the Doctors troubles to avoid suspicion of partiallity, but hath been content to withdraw himselfe from all committees relating to the Doctors performance, that he might not give any occasion of mens thinking he would patronise him in any thing not justifieable.

 

By the Lord Deputy and Councill.

Orders for mearsmen, spademen, quarters-rates, to be paid, &c. 12 Aprill, 1655Whereas D^r William Petty hath contracted and undertaken to survey and admeasure all such forfeited lands in Ireland as are to be sett out for satisfaction of the arreares of the army, together with such other lands as did formerly belong to the Crown, archbishopp, bishopp, deanes, deanes and chapters, and other persons belonging to that hierarchy, it is, for the better and more effectuall carreing on of that worke:

Ordered,

That the said D^r Petty, or such as he shall under his hand and seale appoint thereunto, bee and are hereby authorized to cause, from time to time, such and soe many persons to asist him or them, as shall be fitt and able to shew the meares and bounds of all such lands as are to be surveyed as above said, as alsoe such other persons as he or they shall thinke fit to stand as marks to lead the chaine, or carry a spade for making of marks necessary for the said worke. Itt is further ordered that the said surveyors may quarter at any place next their respective worke, and be accommodated with carriages and horses for removing themselves, instruments, utensills, and other necessaryes; they paying for the said accomodation, and for the wages of the severall persons by them imployed by vertue hereof, such reasonable rates as shall be thought fitt by the Commander in Chief of the precinct where the said lands doe lye, or by one or more of the justices of the peace of the said county, or by the sherriff or undersherriff, or by any commissioner or commissioners of assessment of the said county, not exceeding twelve pence per diem to every bounder, and eight pence per diem to every marksman and chainman, or spademan; and all officers or ministers of justice, and all officers and souldiers of the army, and all other persons, are to be aiding and asisting unto the said D^r Petty, or his assignes, in the carryeing on of the said worke. Dublin, the 12^th of Aprill, 1655.

Tho. Herbert, Clerke of the Councill.

 

By the Surveyor-Generall:

Instructions to be observed by D^r William Petty in the making and drawing up the Bookes of Reference, which are to be returned into the said Surveyor-Generall his Office.

Instructions for D^r Petty making up the books to be returned to the Surveyor-Generall's office, 12 Aprill, 1655. 1st. Ffor the more clear and distinct knowledge of the quantity of forfeited profitable lands, and other lands belonging to the Commonwealth in each barrony, you are to draw up soe many bookes of reference as may answer the number of barronyes you admeasure; each booke containing an entire barrony by it selfe.

2dly. The said bookes you are to bind up or cover with parchment; on the outside of which is to be written, in fair letters, the name of the barrony, and underneath that is to be sett downe the names of the severall parishes in the said barrony at length.

3dly. Within the booke you are briefly to describe the barrony by its meets and bounds, by the soile, and by the nature of the soile in general; by the rivers rising out of it, running through it, or meeting in itt; by the severall citties, towns, passes, or other things of eminency or note relateing or belonging to it.

5thly. In describing or setting downe each proprietor's land, you are to divide the leafe into severall columnes; and, beginning on the left hand, you are in the first colume to sett downe the number referred to for that parcell of lands in the plott; in the next colume, the proprietors names, whether English or Irish Papist; in the third colume, the name of the towneland, plowland, cartron, or any other denomination of land, and whether it be an entire townland, plowland, cartron, or only a part of the said denomination, as the ½, ⅓, ¼, &c., of a cartron, plowland, &c.; in the fourth colume is to be sett downe the number of acres contained in the said denomination or parcell of land, according to an exact admeasurement, at 21 foot to the pole, and one hundred and sixty poles to the acre. In the last colume the said number of acres are to be distinguished by a line, into profitable and unprofitable, and the profitable againe into meadow, arable, pasture; and whether it be common pasture, heathy pasture, rocky pastures, mountaine pasture, or boggy pasture, which are to be signifyed as in the ensueing forme:

Memorandum. That in setting downe the name of any proprietor, whether Irish Papist or others, particular enquiry be made where the said proprietors mansion-house was, or what townes name or place he was usually called by, to the end both that one proprietor may be distinguished frome another who hath the same name, and that the lands in other barronyes or countyes belonging to this person may be rightly ascertained and knowne from the lands belonging to another person of the same name.

Memorandum. That all woods fitt for timber, and which do not grow uppon barren mountaine, are to be surveyed and returned by themselves, as is directed by the Act of Parliament, together with the nearest estimate of what number of timber trees may be thereuppon.

6thly. Having thus sett downe soe many parcells as lye contiguouse and doe belong entirely to any one proprietor, you are underneath to summ up the whole number of acres in the said parish, as they are in grosse, and as they are distinguished in profitable and unprofitable; and in the next place at large to describe the meares of the said lands by what other townelands or proprietors lands they are bounded, and to set downe whatsoever you find observable uppon the traceing or admeasuring the said lands, relating to the castles, dwelling-houses, weares, mills, or other things belonging to it.

7thly. Having finished your observations uppon the first proprietors land, you are to describe the next, according to the manner and method aforesaid, and soe to proceed from proprietor to proprietor, untill the severall divisions or parcells of land belonging to every proprietor in the said parish be fully sett downe and described, at the end of which you are to summ up the number of acres under each colume, as was directed in the lands of each proprietor; and to observe the like method in every parish, untill the whole number of parishes in the respective barronyes, and the lands in each of them respectively, be described.

8thly. You are at the end of every barrony to summ up the number of forfeited acres in the said barrony, in grosse, and of the acres profitable and unprofitable belonging to every parish, writing downe the name of the parish against the said sum, and underneath the total of forfeited acres in gross, and of the acres profitable and unprofitable belonging to every parish in the whole barony.

9thly. You are to summ up the number of acres of all gleab lands, and of all lands belonging to any archbishopp, bishopp, deane, deane and chapter, contained in any of the said parishes, writing downe the name of the parish against the said summe, and underneath the totall of all the acres, either of gleab land or of that which was belonging to any archbishopp, bishopp, deane, deane and chapter, &c., in the said barrony.

10thly. The like you are carefully to observe in Crowne lands, and in all such woods as are excepted from being cast in (over and above arable, meadow, and profitable pasture) by the late Act; all which you are to signe and give in under your hand.

Last of all, you are at the end of every booke to annex the severall indices or abstracts following, alphabettically:

1. An Index of the Names of Irish Papists. 2. An Index of the Townes Names. 3. An Index of Gleabes, Bishopps, Deanes, and Deanes and ⁠Chapter Lands. 4. An Index of all Crowne Lands. 5. An Index of all Woods. 6. An Index of Observations, as Castles, Weares, Mills, ⁠Ffords, Passes, Bridges, Abbies, Churches, Mines, &c.

The severall indices referring to the severall pages of the booke where the said subjects are described more largely.

Dublin, 12th Aprill, 1655.

B. Worsley.⁠

By the Lord Deputy and Councill.

Order to allow D^r Petty to view and copy any records, papers, &c., necessary, and to have lists of the fforfeited lands. 20 Dec. 1654.It is Ordered, that all officers, registers, and keepers of any publique records, doe permitt Doctor William Petty to view and peruse all such records and papers remaining in their custody, which may conduce to the speedy and effectuall carrying on of the worke of survey undertaken by him, and to take single copies of all such papers as he shall desire, which may any way concerne the said worke. And itt is further ordered, that all commissioners which are imployed in the civill survey doe take care with all speed to furnish the said D^r, or his assignes, with the abstracts of all the forfeited lands in each county and barrony by them surveyed, according to their instructions, to the end the said D^r may be directed unto all and every of the said lands to be surveyed by him accordingly, in pursuance to the agreement to that purpose.

Dublyn, the 20th of December, 1654.
Tho. Herbert, Clerk of the Councill.

Ordered,

Committee to consider how to begin the survey, and making the subdivisions. 20 Dec. 1654.That it be referred to Sir Hardress Waller, Collonel Hewson, Collonell Lawrence, Justice Cooke, D^r Jones, Quarter-Master Generall Vernon, M^r Worseley, the Commissioners-Generall of the Revenue, Collonell Barrow, Lieut.-Collonell Arnopp, Major Jones, and Major Smith, and Captain Shaw, or any five or more of them, to consider of the best ways and meanes how D^r Petty may begin the survey by him contracted for, and which way to proceed therein, toward the making his finall subdivisions, and to report their opinion therein to the Councill, at their next meeting, on Fryday next.

Dublyn, the 20th of December, 1654.
Tho. Herbert, Clerk of the Councill.

 

By the Lord Deputy and Councill.

Order for mearsmen, spademen, and the rates to be paid, &c., 20 Dec. 1654. Whereas D^r William Petty hath contracted and undertaken to survey and admeasure all such forfeited lands in Ireland as are to be sett out for satisfaction of the arreares of the army, together with such other lands as did formerly belong to the Crowne, archbishopps, bishopps, deanes, deanes and chapters, and other persons belonging to that hirarchy: ffor the better and more effectuall carreying on of the said worke itt is ordered, that the said D^r Petty, or such as he shall under his hand and seale appoint therunto, be and are hereby authorized to cause, from time to time, such and soe many persons to asist him or them as shall be fitt and able to shew the meares and bounds of all such lands as are to be surveyed as abovesaid; as alsoe such other persons as he shall thinke fitt to stand as markes to lead the chaine, or carry a spade for making of marks necessary for the said worke, hee paying to every of the said persons by him or them imployed, such reasonable rates for the respective paines as shall be thought fitt by the Commander in Chief of that precinct where the lands lye, or by any one or more of the justices of the peace of the said county, or by the sherriff or undersherriff, or commissioner or comissioners of the assessment of the said county where the said lands soe to be surveyed doe lye, not exceeding twelve pence per diem to every bounder, and eight pence per diem to every marksman or spademan; and all officers and ministers of peace, justices, and officers and souldiers of the army, and all other persons, are to be aiding and asisting unto the said D^r Petty, or his assignes, in the carrying on of the said worke.

Dublyn, the 20^th of December, 1654.
Tho. Herbert, Clerk of the Councill.

 

By the Lord Deputy and Councill.

Ordered,

Order for M^r Worsly to send D^r Petty abstracts of the returns of lands forfeited. 21 Dec. 1654.That Benjamin Worseley, Esq., Surveyor-Generall of lands in Ireland, doe from time to time, as there shall be occasion, and uppon request of D^r Petty or his agent, deliver unto the said D^r, or his agent, abstracts of the returnes from the countyes of lands forfeited, for his better direction in the admeasurement of those lands.

Dublyn, the 21 of December, 1654.⁠
Tho. Herbert, Clerk of the Councill.

But, to returne to the manner of proceeding uppon the survey and subdivision above-mentioned:

 

The Committee returne the Report following:

May it please your Excellency,

Report from the Committee touching the manner of survey and subdivision, 25 Dec^r, 1654.In obedience to the reference of your Lordshipp and the Councill, dated the 20^th instant, we have taken into consideration what may be the best way and meanes how D^r Petty may begin the survey by him Contracted for; as alsoe how hee may proceed therein towards the making of his finall subdivision; and having, with the advice and asistance of diverse other officers of the army largely debated the same, doe humbly offer our opinion therein, according to the particular heads ensueing:

1st. That the Surveyor-Generall be desired forthwith to prepare and deliver to D^r Petty a particular account of what lands have been surrounded, and returned to him; as alsoe to send for and to get an account of the lands surrounded, and not yet returned to him.

2dly. That the Committee for the Civill Survey bee required, within thirty days after notice hereof, to returne an estimate or extract under their hands, of all the forfeited lands, both profitable and unprofitable, acccording to their instructions, in their respective countyes.

3dly. That, to that purpose, letters effectuall be written by your honours to the said Committee for Civill Survey, and that the agents for the army in the severall parts bee required to attend the said commissioners, to exspedite their worke, in the severall countyes where the lotts doe fall.

4thly. That the register for the court of claimes be required to returne unto the register of forfeited lands, a particular of what lands within the ten countyes have been allowed on passing the claimes by that court.

5thly. That out of the surrounds and extracts returned, a totall of all the lands forfeited bee prepared by the Surveyor-Generall.

6thly. That the Commissioners for stateing the accompts of the army be required, within twenty days, to bring in a regimentall and totall debt of the army since the year 1649; those already disbanded, who have received land for their arreares, excepted.

7ythly. That the said Commissioners for accompts be likewise required to bring in another distinct list of all arreares allowed, and on the same security with the army since 1649, that hitherto have received noe lands for their arreares.

8thly. That if, when the whole debt and credit is ascertained, itt shall appeare that the forfeited profitable land shall be found unsufiicient to satisfie the said debt, that then the same be proportioned one with another equally, as part satisfaction to the army.

9thly. That the respective agents for the army be required, by the first of Ffebruary next, to meet at Dublyn, and proceed to a regimentall subdivision, according to the credit ascertained and apportioned as afforesaid; and that, where any agents are absent, others may be chosen to supply their places. And that when such regimentall subdivision is made uppon an estimate of the debt and credit as afforesaid, D^r Petty be required to proceed to a downe survey of the whole, and to begin for such regiments as your honours shall thinke fitt forthwith.

Signed in the name and by appointment of the⁠

rest of the referrees,⁠

Observations thereon.Which shews that the foundation of satisfying the army by a quota pars of satisfaction was layd by that Committee, even before any thing was begun in the survey of lands; and that it was intended that the survey should bee begun uppon the lot of some certaine regiment, whereby the lands belonging unto the same might be admeasured, and immediately thereuppon the subdivisionall lines strucke off; the which, being to be all streight, need only to have been pricked off in the house, and thereby directions given to the meanest capacity of the persons concerned, to have the same done uppon the land it selfe, especially when such persons had soe lately seen the admeasurement and meares of it.

Which method of proceeding, as it was the best, soe it was that only whereunto the D^r was obliged, as appeares alsoe by the D^rs being to bring in the accompt of such subdivisions marked uppon the plotts within thirteene moneths, that is to say, as soon the plotts themselves were brought in, and not, as he was afterwards forced, to performe the downe admeasurement first, and then to subdivide two yeares afterwards, when the mearers were fled, the surveyors dead, the marks on the land worne out, the ratts had eaten the originall plotts, and a new interest risen up, for shewing different meares at the subdivision from what were shewen at the first admeasurement, the making of grosse geometricall surrounds mentioned, article of the contract, and the commenceing the twelve moneths time of the probation of the whole worke from the ending of the subdivision, are all arguments of the same truth.

Ffrom whence may be imagined the prejudice the D^r suffered in being forced to performe the one soe long after the other, and that in soe broken, doubling, distracted, and dilatory a manner, as hath begot him much inconvenience without profitt or thanks.

 

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