Page:Petty 1851 The Down Survey.djvu/319

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order; 3dly, former late preceedents; 4thly, the armyes approbation; 5thly, necessary reason; 6thly, as to the manner, without possibility of fraud.

2dly. Noe place or land was reserved by choice, vizt, neither for its goodness or badness, nor for being more or less incumbred or dubiouse, but for being under certaine generall rules agreed uppon and allowed. Nor was that worke of neating and ascertainement of forfeited lands executed by the Commissioners themselves, but by their clerke and others, without any particular private direction from the Commissioners, as I beleive; I am sure not from my selfe in the least.

3dly. They did not well who tampered with and importuned any single Comissioner for any thing; nor was I to blame for not being wrought uppon by those meanes, but the Commissioners did justly and prudently in disappointing those who pressed for reserved lands in the manner alledged.

To the fifth article, running in these words—

That the Dr hath taken to himselfe the benefitts of the enhaunced rates of the army, without their consent, not having right thereunto, to the great prejudice of the State and army—

I answer:

1st. I never tooke any thing of my selfe, but by the hands and seales of the Commissioners, both according to their generall commission and particular order, who acted uppon their oaths, and were trustees of the army as well as Comissioners of the State.

2dly. I have not the enhancements, nor have I any enhauncements wherewith the officers and souldiers have to doe, or whereby the State is damnifyed, or without the States order.

To the sixth article, running in these words, vizt:

That the favour that was intended by his late Highness, to repaire the Wexford lott for such lands as were given out to Generall Moncke, the said Dr hath taken the benefitt and advantage thereof for himselfe, without right thereunto—

I answer:

That the north liberties of Limricke did by law belong to the Wexford lott, and with debentures belonging to that lott I purchased them, allthough I