Page:Petty 1851 The Down Survey.djvu/166

 3dly. The obliged promise of goeing twice uppon the worke, allthough it had been written in my articles, doeth not oblige mee in this case.

4thly. The letter of my articles concerning my pay for the subdivision doth not oppose this my demand.

5thly. The articles concerning the advanceing of 5li 10s per thousand acres uppon the downe admeasurement, clearely makes out what I desire to bee the same with the intention of the contract herein.

6thly. If am obliged still thereunto, I may stand obliged for ever, which is impossible and absurd.

7thly. I have actually and absolutely either paid or engaged for subdivision not yett performed, soe that herein I desire noe more to be done to my selfe then what I have really done to others.

8thly. The subdivision performed will not amount unto neere soe much as the survey of Wicklow, Carlow, and Limricke, not placed to this account, will amount unto.


 * Ffifthly. Blank.

1st. Because noe worke at all was ever soe much as pretended to have been done for part of the money.

2dly. Noe account was ever perfected from another part.

3dly. Some of the said money was paid on mixt accompts.

4thly. The most part of the whole was not legally demandable, for such only I am bound to reimburse.

5thly. Itt was money lost uppon exsperriments, which is ever allowed in these great and difficult works.

6thly. I assented unto it only for feare, in case of a breach, of being thought to have made a frivolouse vaper instead of a solid proportion, and such as I could performe.

7thly. Att the first exhibiting of my accompt, your Lordshipps promised an abatement of part thereof, by way of reliefe, and of certaine extraordinary greivances then presented, and the proportion of the abatement was ordered to bee