Page:Petty 1851 The Down Survey.djvu/204

 ; and by the nineteenth article, that whatsoever complaint should be made against the said survey should bee exhibited within twelve moneths after the said subdivision mentioned in the fforgoeing articles of the said contract should bee made and given, and not afterwards; and there was likewise produced before me a coppy of an order of your Lordshipps, bearing date the 20th of July, 1655, attested by Thomas Herbert, Clerke of the Councill, for allowing the rents and profitts issueing out of the forfeited lands unto the army, untill the said lands should bee divided and layd out by the downe admeasurement; and whereby it is desired that the counties desired for collaterall security are not disposeable for satisfying the army, untill it should appear what surplusage might arise from the moyety of the ten countyes ordered for the satisfaction of the adventurers, and out of the county of Lowth. And the petitioner doeth thereuppon affirme, that the performance of the subdivision within the thirteene moneths afore mentioned became to him impossible, for asmuch as he could not, according to the said last mentioned order, subdivide or dispose of the lands untill the said surplusage of the adventurers lands, [and] the county of Lowth, were first knowne, which are yet, as he affirmes, unknowne, without any undertaking of his, or default in him. The petitioner doeth allsoe affirme that he could not subdivide the lands according [to] the second article of the said contract, by reason the said lands did not hold out to give the army their full satisfaction, as in the said articles was supposed; nor could it bee knowne unto what proportion of satisfaction the said lands would extend, unless the downe admeasurement of the whole were first finished; all which he doeth affirme is well knowne unto your Lordshipps, and says that it had been as easy for him to have performed the downe admeasurement and subdivision both together, according to the intention of the said contract, as in the second, eight, and tenth articles thereof aforementioned is implyed, as to have performed the downe admeasurement alone by it selfe, as by your Lordshipps said order, and the exigencies before mentioned, hee affirmeth he was forced to doe. And as to the petitioner being bound twelve moneths after posession given of the said lands, the petitioner alledgeth that he understood the time of possession to bee when the army might have entered into possession, and might have examined the truth of his performance according to the tenor of the said articles, alledging allsoe that he never intended the said twelvemonthes of his probation should begin from the time of that legall and absolute possession which your Lordshipps only can give,