Page:Petty 1851 The Down Survey.djvu/268

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tember, 1653, as the said Acts may bee rationally interpreted. And lastly, the said survey, allthough it were very faulty, because it is authenticke, universall, uniforme, and regular, is the most safe rule the adventurers can goe by.

11thly. That allthough there were many errors in the said survey to the prejudice of the adventurers, it is to be supposed that there are as many and more tending to their lawfull advantage. The which errors of both sorts, being to bee dispensed by lott, are, uppon the whole matter, noe prejudice, but rather an advantage, to the body of adventurers in generall.

12thly. That if there bee any prejudiciall errours, either as to the title, quality, or quantity of their lands, ample provision is made, not only for their effectuall but for their speedy reparation in the same.

13thly. That the power of the Lord Deputy and Councell being the only legall power to make distributions, and their survey being the only authentique survey, it follows that only what is done according to them is a legall foundation to the adventurers.

14thly. That the survey taken by the adventurers is not universall, not uniforme, not soe much as probably true; that it hath been obscured and exsposed to much corruption since it was made; that litle proof can be made that what is produced as the adventurers survey is really such, much less that it is true; and lastly, that it wanteth soe many of the essentiall conditions of an authentique survey, that it is none at all, neither in law nor equity, neither as to the matter or forme of a survey.

15thly. That the distributions made by the adventurers are all taxable of the same imperfections, and consequently that it is dangerouse for the adventurers to relye uppon both or either of them.

16thly. That notwithstanding the distributions formerly made by the adventurers, according to the said imperfect survey and rules of distribution, be in their owne nature not to bee endured, nevertheless it is not the desire of the Lord Deputy and Councill, nor is it the intent of the declaration and petition, to alter the same, where there appeares noe manifest injury, and such as is obviouse to the very sences.

17thly. That the supposed perfect rule mentioned in the petition is not made as a judge uppon any past distribution, nor as a punishment even to offenders, but only as a remedy and releife to such as are wronged, and possibly may bee of noe use at all. Moreover, it may possibly give one who hath done