History of the Down Survey (Petty 1851)/15
CHAPTER XV.
ABOUT the moneths of January and Ffebruary, 16567, when the whole army was satisfyed, and the Dr had received most of his money for the whole survey, uppon stated and fully audited accompts, the busie people, considering what great advantages themselves had gotten by buying debentures, and consequently lands, in soe much as many sold even their personall necessaries to drive this kind of trade, they fell a wondering why, neither in this yeare, 1656, nor in the preceedent better year for this purpose, 1655, the Dr had been seen to traffique in debentures, very few, measuring him by themselves, being willing to beleive that this abstinence and fact was for noe other reason then to keep himselfe free and cleare from all kind of partiallity and injustice, and others from the feare of it; but rather concluding that he had a share in all the best lotts of Ireland, or else that, being consciouse of some great miscarriage, hee would not venture his estate nor person long in Ireland, where he had committed them. Now to disabuse the creditors of these false opinions, and to bee really a benefactor to the same land whereon God had allready blessed his endeavours, he began to thinke of bying some lands; but, goeing about it, he found debentures to be both scarce and deere, and withall that his owne asking for debentures did raise the price of them, the world collecting from thence that the gold mines were yet to bee disposed of. This disposition and perswasion of the world being unto the Dr as necessity the mother of arts and inventions, hee conceived that, since there was soe many acres of land, rough and smooth, yett undisposed of, for the admeasurement whereoff, at 1d per acre, there would be due neer three thousand pounds, the right whereoff, the debt lyeing in a very hazardouse condition, he had lately bought off the State for betweene six and seaven hundred pounds; and fforasmuch as he was not bound to stay for this money untill those who served before the yeare 1649, those who were disbanded anno 1653, and those who had not yett brought in debentures, and allsoe those who had this present yeare received but part satisfaction, should agree of the time and manner of receiving these lands, but that the money above mentioned was rather due to him from the land then from such individui vagi, who should he knew not when come to have them; and, lastly, considering that those who, even at last, should appeare to have those lands, were to bee looked uppon as souldiers, such who, as well by the common rules of court marshalls as by the power given the generall of the army by the Parliaments Act of September, 1653, were under the said gentlemens jurisdiction; the Dr thought fitt to petition the generall for releife uppon the above mentioned ground, setting forth that, if hee were allowed as much lands as his debt in debentures amounted unto att the usuall rates, yet that he should gaine litle thereby; forasmuch as the money he paid for that debt would fully or very neer purchase one as many debentures as would doe the same. The Generall, out of meer tenderness, only referred him to the Councill for their concurrence with himselfe in this case, which he said was rather rare and singular then unreasonable or injuriouse. Hereuppon he makes the following petition to the Lord Generall and Councill both, about the premisses, inserting some other desires to make the purchase more considerable, vizt:
to his highness the lord protectors councill for the affaires of ireland.
The humble Petition of Dr William Petty
Sheweth,
That your petitioner, since his first being employed, either as surveyor or commissioner for setting out lands to the army, hath not dealt in the least for land or debentures, directly or indirectly, as hee will make appeare by oath or any other satisfactory proofe, and hath neglected to make such lawfull advantages as other men, perhapps less qualifyed then himselfe, have done, and hath withall incurred the suspition of intending to withdraw himselfe out of Ireland, out of feare to stand to his severall actings uppon the afforesaid employments. And this he had done to prevent scandall and sinister constructions, which jealouse and disatisfyed persons might make uppon your Lordshipps management of affaires, in imploying such as could not containe themselves from traffiqueing on the peculiar object of their trust and employment.
Your petitioner, therefore, to demonstrate his intention of abideing in Ireland, and to lay out himselfe and talent in the plantation thereof, doth now, when all lotts are generally satisfyed, and when there remaines noe house or land of value to bee disputed off, but only refuse ends and tayles of lotts, humbly desireing of your Lordshipps but that liberty which, were it nott for the scandall afore mentioned, he might otherwise lawfully take, consisting in the following particulars, vizt:
1st. That whereas your petitioner hath accepted of the arreares of the souldiers contributions, att one penny per acre, in satisfaction of 614li 8s 9d, that he may bee satisfyed what he cannot receive in money as soe much debentures.
2dly. That he may have the liberty of purchasing att least one thousand pounds debentures.
3dly. That he may have liberty to reedeeme land mortgaged for more then their respective values, at the Act rates.
And that he may use the said liberty in such places, for satisfaction, as he shall make choice of, to prevent the jealousies of such as may be otherwise concerned in a lott with himselfe. In granting whereoff, your petitioner assureth your Lordshipps that nothing shall bee done against lott, rule, or instructions, to one penny prejudice of the State or army. And this your petitioner desires may be granted before it bee to late, least he become as ridiculouse for his slackness herein, as he is to some odiouse for his strictness in your Lordshipps service.
William Petty.
By His Highness the Lord Protectors Councill for the Affaires of Ireland.
Uppon reading the within petition of Dr William Petty, desireing that such arreares of one penny per acre as are due from the army, and granted unto him by virtue of an order of this board, dated the 11th of February last, may bee satisfyed unto him out of lands as soe much due by debenture; 2dly, That he may bee permitted to purchase at least one thousand pounds debentures; and lastly, that he may have liberty to redeeme such lands as are mortgaged for more then their value att the respective Act rates doeth amount unto; and that he may receive satisfaction for the said arreares, and for such debentures as he shall purchase as afforesaid, and may withall make the said redemption in such places as he himselfe shall make choice of:
Ordered,—That the said petition, and all and every the branches thereof, bee granted and assented unto; provided that nothing be done by occasion thereof to the prejudice of the Commonwealth or the army. Dated at the Councill chamber, in Dublyn, the 6th of March, 1656.
Now he the rather made application to the Councill, together with the generall, that if the lands to be disposed of as afforesaid, being most of them exceeding course, should by their indulgence bee eased of this duty of one penny per acre, they might, notwithstanding, make good the land to be sett out to him as he desired, even uppon another ground wholly within their owne power, the which power appeared to me in their order in the 4th of February preceedent, inasmuch as by these words, vizt, And having thereuppon compared the severall and variouse values of them, att the equalization rates sett by the respective agents, with the values of the same at the Act rates proper to each respective province, the said commissioners are to take care that, uppon the whole, the State suffer noe prejudice by the said equalizations and depressions of the said Act rates, whereby, having allsoe cleared what lands doe yett remaine to be disposed of, over and above what was requisite to satisfye the whole debt hitherto admitted to satisfaction in each province respectively, att the Act rates, and according to the respective quota pars or proportion of the payment, the said Commissioners are then to dispose of the said remainder as followeth, vizt:
Itt seemed to mee as if they deemed that what should bee gained by the advantage of enhancement above depressed rates to bee in their owne dispose, and as it were alienated from the armyes security.
In fine, the said Lord Deputy and Councill, having then an high sence of his service and sufferings in this worke of distributing the lands, granted his petition in terminis; the which being carried to the commissioners to put in execution, they, out of an abundance and scrupulouse care of the States and armyes concernments, gave him the following order, but withall tyed him upp to the articles annexed thereunto, and herewith inserted.
By the Commissioners for setting forth Lands to the Army.
By vertue of a commission from his Highness the Lord Protectors Councill for the affaires of Ireland, unto us directed, bearing date the seventh day of July, 1656, wee have sett out and assigned unto Dr William Petty, in satisfaction of the sum of four thousand one hundred eighty-one pounds fourteene 3578a 3r 36p shillings and seaven pence, the full number of three thousand five hundred seaventy-eight acres three roods thirty-six perches of lands profitable, at ten shillings per acre, amounting to the sum of one thousand seaven hundred eighty-nine pounds nine shillings and tenpence; and eight hundred thirty-three acres one rood and four perches of lands cast in, over and above, lyeing and being in the barrony of Balleboy; and two thousand nine hundred thirty-seaven acres one rood and twenty-eight perch of profitable lands, lyeing in the barronyes of Duleeke, Halfe-Fore, and Ratoth, at twelve shillings per acre, amounting unto one thousand seaven hundred sixty-two pounds nine shillings and two pence; and three thousand one hundred forty-eight acres three roods and twenty-two perch of profitable lands in the province of Ulster, at four shillings per acre, and one hundred thirty-five acres and two roods of lands cast in as unprofitable, amounting unto six hundred twenty-nine pounds fifteene shillings and seaven pence, according to the list of the particulars thereoff hereunder written, and according to such orders as wee have received from His Highness said Councill, and such conditions as are att large exspressed in certaine articles of agreement made betweene us and the said William Petty in that behalfe, bearing date with these presents. As witness our hands, this 24th day of Aprille, 1657.
- Articles of Agreement made and concluded betweene the Commissioners appointed by His Highness Councill for the Affaires of Ireland, for setting forth of Lands for Satisfaction of the Army, of the one Part, and Dr Petty, of the Citty of Dublyn, of the other Part, this four and twentieth Day of Aprill, 1657, as followeth:
Whereas uppon reading the petition of Dr William Petty, His Highness the Lord Protectors Councill for the affaires of Ireland did by their order of the sixth of March, 1656, grant and assent that such arreares of one penny per acre as are due from the army unto him, the said Dr for admeasuring their lands, and as were granted unto him for his owne use and benefitt, by virtue of another order of His Highness said Councill, dated the eleventh of February last, should bee satisfyed unto him, the said Dr William Petty, out of lands, as soe much due by debenture.
Moreover, whereas His Highness said Councill have allsoe by their said order of the 6th of March, 1656, permitted the said Doctor to purchase at least one thousand pounds debentures, and that he might receive satisfaction both for the said arreares of one penny per acre, and allsoe for the said purchased debentures, in such places as he himselfe should make choice of; and whereas it hath appeared unto the said Commissioners, by certificate from the auditors of His Highness Court of Exchequer, and from Christopher Gough, deputy to the Surveyor-Generall, bearing date the ninth of Aprille, 1657, that there hath been admeasured by the said Dr William Petty, of profitable forfeited lands disposeable to the army, two millions fourteene thousand three hundred 2014357a 1r 37p fifty-seaven acres, one rood, and thirty-seaven perches, the which, at one penny per acre, allowed by the Act of the Councill of Warr, dated the eleveneth of December, 1654, by the said Commissioners seen, doth amount unto the summe of eight thousand three hundred ninety-three 8393li 3s l½d pounds three shillings one penny halfe penny.
And, lastly, whereas itt hath appeared by certificate from James Standish, Esq., Receiver-Generall, bearing date the eigth of Aprlll, 1657, that there hath been discompted from the army for the use of the said Doctor only five thousand five hundred and eight pounds six shillings and six pence, being all that he knoweth hath come into the hands of the said Doctor; and whereas the said James Standish hath certifyed that about three hundred pounds of the said five thousand five hundred and eight pounds six shillings and sixpence was then unpaid unto the said Doctor, and hath since certifyed that the same that was soe behind was the just summe of two hundred and nineteene pounds seaventeene shillings and eight pence, and due unto him from certaine companyes in England belonging to the Irish army; and whereas the said James Standish hath certified that much of the aforesaid summe must bee repayed by the said Dr William Petty unto such who had paid him more then their due by mistake;
And it hath since appeared that the summe soe repayed doth amount unto seaventy-seven pounds, which, with the said two hundred and nineteene pounds seaventeene shillings and eight pence, maketh in all two hundred ninety-six pounds seventeen shillings and eight pence, being the full summe which the said Dr was over charged in the said five thousand five hundred and eight pounds six shillings and six pence, soe that two hundred ninety-six pounds seaventeene shillings and eight pence, being deducted out of the said five thousand five hundred and eight pounds six shillings and sixpence, there remaines five thousand two hundred and eleven pounds eight shillings and ten pence, as the utmost of what the said Dr William Petty hath received from the army, which being againe deducted out of the said eight thousand three hundred ninety-three pounds three shillings one penny halfe penny due from the army, there remaines three thousand one hundred eighty-one pounds fourteene shillings as the cleer debt to be satisfyed unto him in lands, according to the Councills order above mentioned, the which, with one thousand pounds debentures purchased and given in unto the said Commissioners by the said Dr, makes four thousand one hundred eighty-one pounds fourteene shillings and three pence.
Itt doth, uppon the whole matter, appeare that the said arreare yett due from the army unto the said Dr William Petty amounts unto the full summe of three thousand one hundred eighty-one pounds fourteene shillings and three pence, the which, with one thousand pounds in debentures purchased and given in unto the said Comissioners by him, the said Dr, makes four thousand one hundred eighty-one pounds fourteene shillings and three pence; in satisfaction whereoff the said Commissioners have, according to the choice of himselfe the said Dr, under his hand, assigned and sett forth unto him, his heires and assignes, for ever, as by their certificat bearing date with these presents may appeare, certaine lands containing nine thousand six hundred sixty-five acres one rood and six perches, Irish measure, of profitable land, and nine hundred sixty-eight acres three and four perches, of like Irish measure, of unprofitable wood, bogg, and barren mountaine, and lyeing in the severall parishes, barronyes, and countyes, as in a list of the said lands annexed to the said certificate of the said Commissioners particularly mentioned and expressed.
And whereas His Highness Councills said order of the sixth of March aforementioned did make the afforementioned concessions unto him, the said Dr William Petty, provided that nothing be done by occasion thereof to the prejudice of the Commonwealth or army, the said Commissioners, in pursuance of the said directions and provision, have, on the one part, covenanted and agreed with the said Dr William Petty on the other part, vizt: Imprimis, for as much as the debt to be satisfyed unto the said Dr William Petty as aforesaid amounts unto four thousand one hundred eighty-one pounds fourteen shillings and three pence, which, according to the respective rates of the Act of Parliament, or other rates at which other lands were sett out in the same barronyes where the lands assigned as afforesaid doe lye, doth require for satisfaction the afforementioned number of 9665ac 1r 6p Irish measure, vizt, 3578ac 3r 36p, att ten shillings per acre, and 2937ac 1r 28p, att twelve shillings per acre, and 3148ac 3r 22p, att four shillings per acre, according to the rates of the barronyes respectively where the said lands doe lye.
But forasmuch as the said 3181li 14s 3d, being the arreares of one penny per acre as afforesaid, due unto the said Dr William Petty from the army, cannot properly and according to the Act of Parliament bee satisfyed out of lands applicable only to satisfye arreares of pay due to the army, itt is therefore agreed by the said Commissioners for setting out lands that the said Dr William Petty shall have the said 9665a 1r 6p, for and in consideration of the said one thousand pounds, which is the summe and totall of the debentures for satisfaction whereof the said lands are properly applicable, uppon condition that he will remitt unto the army the said debt of 3181li 14s 3d, due for the arreares of one penny per acre as afforesaid.
And to the end the Commonwealth may suffer noe prejudice by giving out the said lands for the said summe of one thousand pounds, being below the Act rates, or rather equalization rates, the said Dr William Petty doth promise that if it shall appeare, uppon the computation of the rates and values of the whole security of the army, that all the rest of the lands sett out at any time for satisfaction of the arreares thereof have not been sett out and accepted of att rates soe much above the Act rates as in the whole doeth equall or exceed 3181li 14s 3d, being the arreares of one penny per acre as afforesaid, whether the same hath happened by not satisfyeing of odd pences, or odd roods and perches, by leave and consent of the said army, or by advantagious but voluntary compositions made with some of the souldiers in satisfyeing of their debentures, or by the casuall exemption of lands depressed in their rates, after the rates were sett, from being sett out, that then the said Dr William Petty shall bring in soemuch of debentures as to make up what is soe wanting unto the said summe of 4181li 14s 3d.
Moreover, to the end the army may suffer noe prejudice by occasion hereoff, the said Dr William Petty doth further promise that, if any person that is now in arreare for the said penny per acre shall pay in what he soe oweth, that then the said Dr Petty shall bring in soe much of debentures, in lieu thereoff, as will ballance the same; and that the said Dr William Petty shall, to that end, att all times render an accompt, uppon oath, if required, as well for all such arreares as hee shall soe receive as of what he shall restore backe, of what he hath allready received more then was due, by mistake or otherwise, and bee answerable for such surplusage as aforesaid. And the said Dr William Petty dos further promise to give bond of 3000li for bringing in debentures as aforesaid, or resigne back into the hands of the Commonwealth soe many of the said 9665a 1r 6p as shall bee requisite to make up the said want of debentures.
And itt is mutually agreed by and betweene the parties abovementioned, that in case his Highness said Councill shall not grant and allow unto the said Doctor William Petty the lands assigned to him by the said Commissioners, soe as he may have a firme and legall estate thereof, that then the said bond of performance be void, together with such of these present articles as he on his part is to performe.
Moreover, itt is agreed that if any of the said 9665a 1r 16p shall bee taken from the said Dr William Petty, that then he shall have, in lieu of the same, by way of reprizall, his choice in the county of Lowth, before any part of the same be otherwise disposed of, or out of any other lands disposeable to the army which shall be undisposed of att the time when the said lands shall bee soe taken away. In wittness, &c.
Whereby it appeares that the land which he received for 3181li is but a pawne, whereof when any part is paid the Doctor is bound to give in soe many debentures in lieu thereof as whereby hee might have purchased the same quantity of lands in the ordinary way. And moreover, in case the State should dispence with the souldiers paying the said penny per acre for the coursest of the said undisposed lands, then they allow the same out of land in their owne dispose, and which was, as itt were, wonne att play with the army. Neither was this intended as an absolute grant from the Commissioners, for there is a condition which supposes the Councill may not confirme it, making certaine provisions in that case. Now how the army is wronged in giving but one penny as a pawne for threepence, which they justly owe, for soe it is, a penny in ready money being as good as three pence in debentures, and that with a condition of a redemption? And how is the State wronged, if they grant away towards the satisfying of their owne debt what they had won from the army, and that too in favour of the army, and for doeing the armyes bussinesse, and to exempt the army from paying three pence with what costs them but a penny, nay, with what they had not? And where is any fraud in a matter of this nature, after many debates, grounded uppon the supreame and their subordinate ministers authority, a priori, and lyeable to bee null uppon the said supreame authorities dislike of the whole transactions, when they should from exsperience be sensible of itts inconveniency, are the questions; or rather, it is a question whether the State and their ministers granting such orders, and suffering them to bee afterwards questioned, bee not fraud and trepanning.
This order was first granted by some of the Commissioners the 24th of Aprill, vizt, by as many as were then in being, and afterwards confirmed, with some small additions, about November; nor was any subduction even in due cases made, because the time for making them was not by the said articles come, and that other further additions, to reballance the said subductions, might happen, as some actually did, before the said time of a finall accompt was come.
Whereas the above order of the Councill, dated the 6th of March, gave lycence to satisfye the said arreares of pay as debentures, and one thousand pounds in debentures, as all to redeeme mortgages. Now the first said order of the the Commissioners concerning only the two former particulars, it was thought more safe and honourable to make a further application to the Councill, before the concession concerning mortgages was putt in practice; wherein, as was just and convenient, the Dr sett forth to the Councill the manner how the benefitt hee mentioned in his petition did arise unto the State by the advantage of the enhaunced above the depressed rates, and withall their power to dispose thereoff in pursuance of their order of the 4th of February aforementioned, as allsoe the reason why he desired that the benefit of such the States game or winnings should be applyed for and towards his owne accommodation, to answer the formality of a legall title; itt being as reasonable that a thousand acres of lands, incumbred for more in name, and thrice more in deed, then the State is allowed to sell it, should bee given away even for a shilling, then that one thousand acres of wood, bogg, or mountaine, perhapps of a considerable intrinsicke value, should be given away for nothing; and the rather because such equalizations are highly countenanced by the aforementioned ordinance of the second of September, 1654, provided for the like cases: uppon all which grounds, and much more alledged pro and contra att severall meetings of the Councill, the following order was obtained, vizt:
By his Highness the Lord Protectors Councill for the Affaires of Ireland.
Uppon reading the petition of Dr William Petty, setting forth that, by order of this board of the sixth of March last, he had liberty granted him to redeeme any lands he should pitch uppon, if mortgaged for more money then the amount unto att the Act rates, and that he can make noe use thereoff without some way of making himselfe a title, according to the Act; and thereuppon praying that he may have the accomodation of such surplusage as shall happen in the whole lands assigned for satisfaction of the army (by reason of the not satisfying odd perches and pence, satisfyeing debentures, by way of composition, at rates above the Act, and the enhanceing and depresseing of barronyes), as whereby he may make a title unto the few lands which he may bee able to redeeme with his money, att rates exceeding the Act. And forasmuch as, uppon consideration had thereon, it is conceived that the granting the petitioners desires will bee noe loss, but an advantage to the State and army, both as to the satisfyeing more publicke debt, and by the quitt rent increasing the revenue, itt is thought fitt, and accordingly ordered, that he have the accomodation of the surplusage of rates and values that shall happen uppon the accompt afforesaid; and that uppon the petitioners adding of souldiers debentures unto the money to bee by him paid for the redemption of such lands, that soe much lands as he shall thinke fitt soe to redeeme bee legally assigned and sett out unto him, provided the lands soe to bee purchased bee mortgaged or otherwise incumbred for more money then they amount unto, att the respective Act rates, where such lands shall lye. Provided likewise that the said lands soe to bee redeemed doe not in the whole exceed the number of two thousand acres in Leinster and Munster, and one thousand acres in Ulster, and as contiguouse as may bee, and without intervalls, &c., according as he shall make choice thereof in those respective provinces; provided, nevertheless, that this order bee not construed or intended to extend to the prejudice of the just right or claime of any person or persons interressed and concerned in the premisses, in case any such bee, and that his proceedings herein be registred in the Surveyor-Generalls office, as there shall bee occasion. And hereof, and of the afforesaid order of the sixth of March last, the officers of his Highness court of Exchequer, Commissioners for setting out lands for satisfaction of the army, and all others as the same doeth or may concerne, are to take notice accordingly. Dated att the Councill chamber in Dublyn, the 20th of May, 1657.
In which order, among other things, provided that the whole three thousand acres should bee incumbred more then amounted unto at the Act rates, without debaring the Dr to take of the said incumbrance for less then it was, neither could that provisoe in reason bee understood to forbid his taking of some small parcells mortgaged for less, provided some others were charged for soe much more att the said Act rates, soe as that both together answered the words of the order, ffor in such case the great incumbrances would have been given up wholly to the mortgagee, and never have been brought to pay quitt rent to the State, as by this other literall and plaine construction they have been. The Commissioners order was as followeth:
By the Commissioners for setting forth Lands to the Army.
In pursuance of two severall orders of his Highness the Lord Protectors Councill for the affaires of Ireland, the one dated the sixth of March, 1656, and the other dated the twentith of May following, and by vertue of their commission, dated the 7th of July, 1656, and an order of the Councill dated the twentith of May, 1657, relating thereunto, the said Commissioners doe hereby sett out unto Dr William Petty, his heires and assignes, for ever, in satisfaction of two shillings and seaven pence, being the unsatisfyed part of the debenture of Hugh Jammick, the whole being three pounds five shillings and eight pence,
The severall lands undernamed, containing three thousand acres and ten pole profitable land, and of unprofitable one hundred and seaventy acres and two roods, being mortgaged for more money then they amount unto att their respective Act rates, which mortgages the said Dr is to redeeme; being according to the demand and engagement of the said Dr, with reference to the afforementioned orders of the Councill remaining with us, vizt.
Memorand. That the money which was actually laid out to purchase the land conveyed to the Dr by those two orders cost more then to have proceeded in the most vulgar way of purchase by debentures, soe that the wholle purchase was essentially a service to the State, and but by accident an advantage unto the Dr, and but such an advantage as was common to all other kinds and wayes of acquisition.
About February, 16578, when the Commissioners had done as much as well could bee done as Commissioners for setting out the lands, the Dr observed the treasury so low that he despaired to obtaine any such recompence in money as he thought in reason and conscience might answer the paines, hazzard, and hatred he had endured by reason of this service, and therefore desired the Councill, untill they could doe for him what might answer the end afforementioned, that they would give him leave to bee satisfied for certaine debentures which hee should purchase by election, uppon the same reasons as before; whereuppon they grant him the following order with much cheerfullness and unanimity, as was declared, vizt:
By the Lord Deputy and Councill.
H. Cromwell.
Uppon consideration had of the extraordinary paines and care taken by Dr William Petty in and about the equall and regular allottment of lands unto the army, in satisfaction of their arreares, the Lord Deputy and Councill doe hereby agree and order that the said William Petty shall have leave to purchase soe many debts or debentures due for service since the sixth of June, 1649, as many bee brought, at such rates as have been most usually and frequently given, according to their respective lotts, rights, and places of satisfaction, for the summe of two thousand pounds ready money, and that the said debts shall be satisfied in such places as the said William Petty shall desire, at such rates and with such other advantages, the quota of 5⁄7 being in due manner observed, as doe not prejudice or damnifie neither his Highness and the Commonwealth, or the army: and it is hereby referred to Vincent Gookin, Ralph King, and Miles Symner, Esqrs., or any two of them, to putt the premises in execution accordingly. Dated at the Councill chamber in Dublyn, the 5th of Ffebruary, 1657.
| William Steele, Canc. Ric. Pepys. Mat. Thomlinson. Will. Bury. |
Uppon which order are grounded the four orders following.
By the Commissioners for setting forth Lands to the Army.
Whereas by an ordenance of His Highness the Lord Protector, by and with the advice and consent of his Councill, bearing date the 22th of August, 1654, itt was ordained that the persons to whome the lands to be sett out to Generall George Monke have or shall by lott or otherwise fall or bee assigneable, shall, in case they be sett out to him in lieu thereof, receive proportionable satisfaction by other lands of equall value in the county of Clare reserved from the transplantation, and that the Lord Deputy and Councill be authorized to appoint and sett out lands to them of equivalent value in the said county accordingly; and whereas his Highness the Lord Protectors Councill for the affaires of Ireland, having appointed lands to bee sett out in the county of Wexford, in satisfaction of certaine arreares due to Generall George Monke, amounting in the whole unto two thousand six hundred thirty-seven pounds five pence, in lieu thereof have by their order of the two and twentith of July, 1657, appointed that five thousand eight hundred and sixty acres, being the number of acres which, att the Act rates of four hundred and fifty pounds per thousand, doe satisfye the above debt of two thousand six hundred thirty-seven pounds five pence, should bee sett out unto those concerned in the lott of the county of Wexford, formerly impaired by the aforementioned assignement made to the said Generall George Monke, whereby the said 5860 acres are, by vertue of his Highness said ordinance, and the above mentioned order, drawne within the security of the army for arreares since 1649; and whereas the Lord Deputy and Councill, by their order bearing date the fifth day of this instant February, uppon considerations of certaine services done by Doctor William Petty, have given him leave to be satisfyed for certaine debentures due for service since 1649, in such places within the security appointed for the satisfaction thereof as he should desire; lastly, whereas by reason of severall former distribution of the lands lyeing uppon the mile line of the Shannon, betweene Loopshead and the county of Galway, itt doth not appeare that there are at present lands containing above 5860 acres undisposed of, if the north Liberties of Limericke should bee excluded, out of which the said Dr William Petty, by writings under his hand, bearing date the 24th instant, desired to bee satisfyed: wee, the Commissioners for setting forth lands to the army, doe, by vertue of a commission bearing date the 7th of July, 1656, and by vertue of the two speciall orders, the one of his Highness the Lord Protectors Councill for the Affaires of Ireland, and the other of the Lord Deputy and Councill aforementioned, hereby sett forth and assigne unto the said Doctor William Petty, his heires and assignes, for ever, the severall lands hereafter mentioned, vizt:
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Which said lands doe containe in all, by admeasurement, 1453 accres, 1 rood, lyeing in the north liberties of the citty of Limerick, and are in satisfaction of 653li 19s 3d, being the 5⁄7 parts of 915li 10s 11d being the summe of certaine debentures stated for service done since the 6th of June, 1649, received and cancelled by the said Commissioners. Given under our hands and scales this 25th of February, 1657.
Miles Symner.
By the Commissioners for setting forth Lands to the Army.
Whereas his Excellency the Lord Deputy and Councill, by their order of the fifth of February, 1657, have ordered and agreed that Dr William Petty should have leave to purchase certaine debts and debentures due for service since the 6th of June, 1649, and to beee satisfyed for them in such places as he should desire, and requiring the Commissioners for setting forth lands to the army, or any two of them, to putt the premises in execution accordingly; and whereas the said Dr William Petty hath, by writing under his hand, dated the 15th of February, 1658, desired to be satisfyed part of the said debts in the parishes of Kilmore and Toysista, in the barony of Glaneroughty and county of Kerry, and by the severall lands hereafter particularly mentioned; the said Commissioners have ordered and doe hereby assigne and sett out unto the said Dr William Petty, his heires and assignes, for ever, the lands by him demanded, as followeth, vizt:
Which said lands doe amount in the whole unto three thousand five hundred fifty-nine acres and thirty-one perch, which, at the rate of two hundred and fifty pounds per thousand acres, are in satisfaction of eight hundred eighty-nine pounds fifteen shillings and ten pence, nett, in debts due to the army since the sixth of June, 1649, due consideration having been had therein to the quota of the army. Given under our hands and seales, this 24th of March, 1657.
Miles Symner.
By the Commissioners for setting forth Land to the Army.
Whereas his Excellency the Lord Deputy and Councill, by their order of the 5th of February, 1657, have ordered and agreed that Dr William Petty should have leave to purchase certaine debts and debentures due for service since the 6th of June, 1649, and to bee satisfyed for them in such places as he should desire, and requiring the Commissioners for setting forth lands to the army, or any two of them, to putt the premisses in execution accordingly; and whereas the said Dr William Petty hath, by writing under his hand, bearing date the 10th of February, 1657, desired to be satisfyed for part of the said debts out of the lands following, lyeing in the barony of Duleeke, and county of East Meath; the said Commissioners for setting out lands to the army have accordingly ordered, and doe hereby assigne and sett out unto the said Dr William Petty, his heires and assignes, for ever, the severall town lands, with their rights, members, and appurtenances, conteyning the severall numbers of acres, vizt:
Which lands doe amount in the whole unto 555a 1r 8p, and, at twelve shillings per acre, are in satisfaction of 333li 3s 6d neat, due consideration being therein had of the quota of 5⁄7, as by the aforesaid order was to be observed. Given under our hands and seales, the 11th day of February, 1657.
Miles Symner.
By the Commissioners for setting forth Lands to the Army.
In pursuance of an order of the Lord Deputy and Councill, bearing date the 5th of February, 1657, and by vertue of a commission from his Highness the Lord Protectors Councill for the Affaires of Ireland, dated the 7th of July, 1656, wee doe hereby assigne, allott, and sett out unto Dr William Petty, his heirs and assignes for ever, the number of two hundred and fifty acres out of the lands of Newtowne, in the parish of Duleeke, in the county of Eastmeath, marked uppon the plott (23), and formerly the propriety of Nicholas Darcey, for and in satisfaction of 150li, consisting of debts due to severall officers and souldiers for service in Ireland since the 6th of June, 1649, and for service in England before that time, according to the quota pars or proportion of five parts, the whole being into seaven divided, att twelve shillings per acre. Dated the 20th of February, 1658.
Ra. King.
Soe that the Doctor yett wants satisfaction for above 3000li to make up what was intended him by the above concessions of authority.