Page:Petty 1851 The Down Survey.djvu/256

 of the surplusage of rates and values that shall happen uppon the accompt afforesaid; and that uppon the petitioners adding of souldiers debentures unto the money to bee by him paid for the redemption of such lands, that soe much lands as he shall thinke fitt soe to redeeme bee legally assigned and sett out unto him, provided the lands soe to bee purchased bee mortgaged or otherwise incumbred for more money then they amount unto, att the respective Act rates, where such lands shall lye. Provided likewise that the said lands soe to bee redeemed doe not in the whole exceed the number of two thousand acres in Leinster and Munster, and one thousand acres in Ulster, and as contiguouse as may bee, and without intervalls, &c., according as he shall make choice thereof in those respective provinces; provided, nevertheless, that this order bee not construed or intended to extend to the prejudice of the just right or claime of any person or persons interressed and concerned in the premisses, in case any such bee, and that his proceedings herein be registred in the Surveyor-Generalls office, as there shall bee occasion. And hereof, and of the afforesaid order of the sixth of March last, the officers of his Highness court of Exchequer, Commissioners for setting out lands for satisfaction of the army, and all others as the same doeth or may concerne, are to take notice accordingly. Dated att the Councill chamber in Dublyn, the 20th of May, 1657. Clerk of the Councill.

In which order, among other things, provided that the whole three thousand acres should bee incumbred more then amounted unto at the Act rates, without debaring the Dr to take of the said incumbrance for less then it was, neither could that provisoe in reason bee understood to forbid his taking of some small parcells mortgaged for less, provided some others were charged for soe much more att the said Act rates, soe as that both together answered the words of the order, ffor in such case the great incumbrances would have been given up wholly to the mortgagee, and never have been brought to pay quitt rent to the State, as by this other literall and plaine construction they have been. The Commissioners order was as followeth:

In pursuance of two severall orders of his Highness the Lord Protectors Councill for the affaires of Ireland, the one dated the sixth of March, 1656, and