Page:Petty 1851 The Down Survey.djvu/337

 gotten by the said Dr by way of fraud or reward, without any money or valuable consideration att all disburst for them; and part of the said lands were wrested by the power of the said Dr out of the hands of an officer of the army, to the great loss, injurie, and oppression of him.

3dly. Whereas severall regiments of the army falling in one division together, did by agreement amongst themselves, and for the better equalizing one lott with another, conclude on certaine rates to bee sett on severall barronyes, some above, some under those mentioned in the Act; the benefitt or advantage of all which enhanced prizes were, according to the intention of the said agreement, to bee applyed only to such regiments as were within the said division. Itt hath allsoe uppon examination appeared that the said Dr, contrary to his duty and trust, did not only obstruct and withhold the benefit of the said surplus due to some of the said regiments, but, without any colour of authority or consent of the said regiment or of the army, arbitrarily and unjustly apply the said benefitt to his owne private use.

4thly. The said Dr, under colour of making a neat booke, or contrivance so called by him, to avoid all inconveniences to the army of falling uppon lands mortgaged, decreed, or otherwise given away to any Protestants, did leave out of the lott of the said army, and of the severall regiments of the same, many of the chiefest places and seats that were belonging to their whole lotts respectively, and did putt in many others knowne to be incumbred, granted, and given away uppon the claime of Protestants; which choice and pict places, soe purposely left out by him as afforesaid, itt hath appeared that he the said Dr, under the pretence of an order of the Councill, procured at the instance of himselfe, did possess himselfe of and convert to his owne private advantage and use, to the great prejudice and damage of the whole army, and contrary to all justice and right.

5thly. Whereas uppon consideration and performance of severall articles and conditions entred into and undertaken by the said Dr, the said Dr was, according to the said articles, to receive from the army, and from all persons to whome lands in satisfaction for the souldiers arreares were to be given, one penny upon the acre, as doth more at large appeare by the said contract; the said Dr having gott into his hands, under pretence of the said agreement, above 8000li yett did never performe severall of the said conditions articled for with him, notwithstanding some of the conditions never yett performed were the