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fore nothing but a Parliam" can supply this defect, unless his Majesties other Affaires would permitt some of his English Frigates to be commanded upon this service. But besides this and other Arguments used by my Lord Conway for y” calling of a Parliam', one other occurrs to me grounded upon y” proposall Sr William Petty has made, concerning concealed Lands in Ireland, wo". I am confident (whatever he says) can never be brought to any good effect without an Act of Parliam', for it will be found that few of these concealed Lands have bin pass'd, but some Clause or other in y" Act of Explanation does confirme them, and how to clear any Enquiry of this nature from a jealousie of infringing ye Acts of Settlem' & Explanation I cannot discerne. There may indeed, upon y” suggestions of these litle Undertakers, be Commissions issued out for ye searching and raveling into mens estates but of how much vexation this will be to y” subject, and won what generall discontent it will be attended, is not difficult to imagine; for I am confident whenever any thing’of this kind is put in practice by particular men, scarce any estate wo" is upon a New Title will escape without a composition; besides I am well assured, tho' 'tis only my owne opinion, that if his Majestie thinks fitt to advise woo his Councell at Law they will scarce find it legall to make such bargain as So William Petty proposes. All wo" makes me conclude that yo safest way to attempt a discovery of those great wrongs won y" Crowne has suffer'd would be wo y” concurrence of a Parliam', w" if his Majestie shall think fitt to call there are severall other bills of publick concernment wo" may be thought on ; as one for yo regulating of Fees in yo severall Courts, and another for y” vacating of Reversions on Offices, for want of redress in both won cases, this nation groans under many inconveniencies. Having said nothing upon this subject to my Lord Arlington, you may please to communicate this Lie to him. I am now upon y” distribution of y” Army into their severall quarters for this next year, wherein I would gladly have y' advice, for ’tis now meer time they should know their severall stations, where they are like to be, in regard ye Grass will quickly come on, that they may provide for their winter subsistance; and therefore both for this and yo satisfaction of yr company I would be very glad of yo returne.
LX.—THE EARL OF ESSEX To LorL CLARE.”
My Lord, Dublin Castle, Aprill 29th, –73. I have lately redd 2 or 3 Lies from you, yo last dated yo 24” Aprill, wherein you seem to excuse y' self in y” matter of M' Yorke's ship; but let me tell y LóP that I know y world too well to be satisfied w” a few faire words, & I understand y” respect due to my Place better then to suffer y” slighting of it from any man in yo Kingdome. You dispatched indeed a Lie to give me notice of y" seisure of ye ship, but sent it in such a manner that it should not come to my hands till ye ship was conveied away, wo" Practice I cannot but look upon as a very unhansome dealing, & such as is not suitable to yo behaviour that every subject of his Majesties ought to bear towards y” Governour in this Kingdome, & wo" might justly have been expected from you by, &c.
LXI.--THE EARL OF Essex To CHARLEs II.
MAY IT PLEASE Y". MAJESTIE,
Majesties intention of disposing y” Phenix Parke to my Lady
Dutchess of Cleaveland, as also yo consideration y Majestie was pleased to have of me, by respiting y” possession of it during my stay here. As I doe w” all humilitie acknowledge y Majesties extraordinary favor to me in this Particular, to wo" I shall ever pay a resentment due to so great an obligation, so I cannot thinke of any means more proper to express my gratitude then truly to inform y' Majestie of ye state of this matter. A great quantitie of lands now enclosed in this Parke has for many Ages belonged to y° Sword. These, I presume, yo Majestie never intended to sever from it. Of yo new Lands enclosed by my Lord Duke of Ormond, neer one third Part are yo possession of So Richard Parsons, a minor, of 14 years of age, and therefore cannot be purchased these seven years. Upon y' whole, I find all yo Nobility & Gentry in this Country so disgusted " at y” probability of this Parke being given away, being yo only Place of recreation for them when they come to this Towne, that I cannot (w" humble submission to y Majesties better Judgment) advise ye doing of so unpopular a thing. Yet if it be y Majesties Pleasure to give ye Dutchess of Cleaveland a proportion of Lands in this Country (for I look upon y” designe of this Grant to be no other than Rents), I am very confident it will not be difficult to find out concealed Lands of as good a value as yr Majesties intended Grant ; or if this should faile (so desirous are all men of preserving this Parkey'), I make litle doubt, whenevery Majestie shall call a Parliamt., they would readily give a small Tax through yo whole Kingdome to reprieve it, provided it may then be entailed upon y” Sword. In order to some compensation of this nature, I have transmitted to my Lord Chancello Particulars of all ye Land enclosed," from wo" an estimate may be collected of ye value of yr Majesties intended Grant, &, if an Exchange of Lands of equall worth wo those new purchased in y” Parke shall be approved, I assure myselfe y' y' Majesties favor will have an earlier effect then if ye very thing designed had bin passed into a Patent.
* Daniel O'Brien, 3rd Viscount O'Brien of Clare, d. 1691.
* This word, of course, hardly bore the aggressive meaning at present attached to it. b The list was forwarded to Shaftesbury on May 10.
CAMD. SOC. M - WOL. I.
Some Particulars of concernment relating to Peter Talbott being now under examination here, I have given my Lord of Arlington a full & true Acc of them, & therefore, presuming that your Majestie will not faile of ye knowledge of that Affaire, I shall not repeat it, but should be glad to receive some orders by y' Majesties directions how I should manage that business, wherein, as in all other y' Majesties commands, you shall ever find a most ready, faithfull & exact obedience from, &c.
LXII.--THE EARL of Essex To THE EARL of SHAFTESBURY.”
MY LORD, Dublin Castle, May 4th, 1673. [Essex' first repeats to Shaftesbury the arguments and suggestions which he has forwarded to the King. He proceeds —l
Now that I have had occasion to mention to y Loo yo concealed Lands of this Kingdome, I cannot omitt y” discoursing that matter wh you. We are told here that St William Petty and So Henry Ingoldsby have made a Proposall of giving y” King, as some say, twelve, but as others twenty thousand Pds a year for these Concealements. Tho' as, on ye one hand, I think these Gentlemen have not behaved themselves why respect due to my Place, in making any Prosposalls of this nature without first acquainting me wo it, so I am confident they will never procure what they aime at, viz., a grant of all these concealements at a Rent, for in my opinion nothing can be more illegall & oppressing to y” subject then such a Patent, whereby opportunitie & warr' will be given to these Projectors to ravell into yo Settlement of all men's Estates whatever, who, tho’ they had never so just & clear Titles, will much rather come to a composition then endure y” charges and vexations that these men will put them to; besides, if we consider y” men who undertake it, 'twill easily be foreseen wo what rigour & injustice a Grant of this nature will be prosecuted, for I am confident, in all his Majesties 3 Kingdomes, there lives not a more grating man than So Will" Petty. I dare say ye Practices of Empson & Dudley would be found nothing in comparison of y" vexations won this poor Country would suffer if such a Patent should pass. The King may, indeed, give any lands that are found to be his; but if there be a Maxime in Law that y” King cannot be deceived in his Grant, then certainly no Grant can be Legall of concealments at a certain Rent, for no man can say but ye King may herein be highly deceived ; therefore, this Project being in it self soe notoriously illegall, & apparently such as will prove in its execution so very oppressive to y” Subject, makes me woo much confidence assure myself that it will not take effect. There are without doubt great quantities of concealed Lands to a very considerable value, wo" doe of right belong to his Majestie, but then it must be considered that his Majestie is intitled to them by y” Acts of Setlem & Explanation, & those statutes doe invest them in his Majestie as a Trustee to several particular uses therein mentioned; & if those ends are not yet answered, I offer it to y Lóo consideration, whvhat conscience or honor those concealed Lands can be applied to other uses. I have only said this to shew y LóP y” business will prove a good deale perplexed, & that y” whole ought to be maturely & deliberately considered before it be proceeded upon, & that some men of Knowledge in this Country, & who have well studied y” Acts of Setlem' & Explanation, may be consulted w” before any resolution be taken in a matter of so great moment, & of such a generall concerne. For my owne part, I am of opinion that yo matter of liscoverie of concealed Lands will never be solidely founded but by yo Authoritie & Countenance of an Act of Parliam', wo" when every King shall thinke fitt to call, I believe it will be no lifficult Taske to procure such an Act, wo" may method it in that
* Printed in full in Christie.