Page:Petty 1851 The Down Survey.djvu/252

 whereoff the said Commissioners have, according to the choice of himselfe the said Dr, under his hand, assigned and sett forth unto him, his heires and assignes, for ever, as by their certificat bearing date with these presents may appeare, certaine lands containing nine thousand six hundred sixty-five acres one rood and six perches, Irish measure, of profitable land, and nine hundred sixty-eight acres three and four perches, of like Irish measure, of unprofitable wood, bogg, and barren mountaine, and lyeing in the severall parishes, barronyes, and countyes, as in a list of the said lands annexed to the said certificate of the said Commissioners particularly mentioned and expressed.

And whereas His Highness Councills said order of the sixth of March aforementioned did make the afforementioned concessions unto him, the said Dr William Petty, provided that nothing be done by occasion thereof to the prejudice of the Commonwealth or army, the said Commissioners, in pursuance of the said directions and provision, have, on the one part, covenanted and agreed with the said Dr William Petty on the other part, vizt:  Imprimis, for as much as the debt to be satisfyed unto the said Dr William Petty as aforesaid amounts unto four thousand one hundred eighty-one pounds fourteen shillings and three pence, which, according to the respective rates of the Act of Parliament, or other rates at which other lands were sett out in the same barronyes where the lands assigned as afforesaid doe lye, doth require for satisfaction the afforementioned number of 9665ac 1r 6p Irish measure, vizt, 3578ac 3r 36p, att ten shillings per acre, and 2937ac 1r 28p, att twelve shillings per acre, and 3148ac 3r 22p, att four shillings per acre, according to the rates of the barronyes respectively where the said lands doe lye.

But forasmuch as the said 3181li 14s 3d, being the arreares of one penny per acre as afforesaid, due unto the said Dr William Petty from the army, cannot properly and according to the Act of Parliament bee satisfyed out of lands applicable only to satisfye arreares of pay due to the army, itt is therefore agreed by the said Commissioners for setting out lands that the said Dr William Petty shall have the said 9665a 1r 6p, for and in consideration of the said one thousand pounds, which is the summe and totall of the debentures for satisfaction whereof the said lands are properly applicable, uppon condition that he will remitt unto the army the said debt of 3181li 14s 3d, due for the arreares of one penny per acre as afforesaid.

And to the end the Commonwealth may suffer noe prejudice by giving out