Page:Petty 1851 The Down Survey.djvu/253

 the said lands for the said summe of one thousand pounds, being below the Act rates, or rather equalization rates, the said Dr William Petty doth promise that if it shall appeare, uppon the computation of the rates and values of the whole security of the army, that all the rest of the lands sett out at any time for satisfaction of the arreares thereof have not been sett out and accepted of att rates soe much above the Act rates as in the whole doeth equall or exceed 3181li 14s 3d, being the arreares of one penny per acre as afforesaid, whether the same hath happened by not satisfyeing of odd pences, or odd roods and perches, by leave and consent of the said army, or by advantagious but voluntary compositions made with some of the souldiers in satisfyeing of their debentures, or by the casuall exemption of lands depressed in their rates, after the rates were sett, from being sett out, that then the said Dr William Petty shall bring in soemuch of debentures as to make up what is soe wanting unto the said summe of 4181li 14s 3d.

Moreover, to the end the army may suffer noe prejudice by occasion hereoff, the said Dr William Petty doth further promise that, if any person that is now in arreare for the said penny per acre shall pay in what he soe oweth, that then the said Dr Petty shall bring in soe much of debentures, in lieu thereoff, as will ballance the same; and that the said Dr William Petty shall, to that end, att all times render an accompt, uppon oath, if required, as well for all such arreares as hee shall soe receive as of what he shall restore backe, of what he hath allready received more then was due, by mistake or otherwise, and bee answerable for such surplusage as aforesaid. And the said Dr William Petty dos further promise to give bond of 3000li for bringing in debentures as aforesaid, or resigne back into the hands of the Commonwealth soe many of the said 9665a 1r 6p as shall bee requisite to make up the said want of debentures.

And itt is mutually agreed by and betweene the parties abovementioned, that in case his Highness said Councill shall not grant and allow unto the said Doctor William Petty the lands assigned to him by the said Commissioners, soe as he may have a firme and legall estate thereof, that then the said bond of performance be void, together with such of these present articles as he on his part is to performe.

Moreover, itt is agreed that if any of the said 9665a 1r 166 [sic]p shall bee taken from the said Dr William Petty, that then he shall have, in lieu of the same, by way of reprizall, his choice in the county of Lowth, before any part of the same