Page:Petty 1851 The Down Survey.djvu/205

 and which is noe ways in his power either to further or hinder; and says that it was not in his power to bring men in that sence to take their lands, even when he had admeasured the same for them. Soe that uppon the whole matter, if your Lordshippps bee satisfyed that the downe admeasurement was sufficiently performed, as is alleadged; and that the reason why the subdivision and setting out lands was not performed, according to the very letter of the contract, was not through the petitioners default; and that noe other matter appeares unto your Lordshipps then what hath been produced unto me as afforesaid; and that the bond entered into by the petitioner and his suretyes was conditioned only for performance of the said articles, which bond the petitioner could not, as hee alledgeth, produce unto me, being in your Lordshipps custody; and that there be noe other then what at present appeareth unto mee: then I am humbly of opinion that there is much equity why the petitioner should bee discharged from his said contract and bond, as is desired; which I nevertheless humbly submitt into your Lordshipps consideration and judgement.

Dublyn, 13th of Aprill,

1657.

The Councill having duly considered of an humble petition presented by Dr William Petty, praying to be discharged from his contract for surveying the forfeited lands therein mentioned, and of his bond given for performance thereoff; as allsoe of a report made by Mr Atturney-Generall, to whom the consideration thereof was referred, and uppon perusall of former orders and reports made in the case, thinke fitt to declare that, allthough they are well satisfyed with the Drs ingenuity and industry in managing the said worke suitable to his trust and undertaking (noe error or imperfection hitherto appearing to them therein), yett, uppon the whole matter, doe not thinke fitt to release his said security at present. Nevertheless, that there may bee some lymittation of time, it is likewise held fitt, that in case the said Dr William Petty shall, within the space of twelve moneths from and after the first day of October last, correct and amend all such errors as are or shall bee made to appeare in his worke, and that the said Dr Petty doe deliver into the Surveyor-Generalls office the particular mapps, plotts, and bookes of references of all the lands by