( 173 )
of them dead, and others dispersed or otherwise imployed. And that hee, your petitioner, hath allways been ready to give satisfaction to the army, by furnishing them with surveyors for that purpose, not only to particular regiments, but allsoe to particular troopes and companyes, and even many times to particular persons, att such times as they demanded the same, though in a stragling and confused manner, and hath taken much paines in asisting them to regulate their agreements concerning the said subdivisions. All which, hee humbly conceiveth, he was noe way obliged unto, neither by the letter or equity of his contract. And your petitioner further offereth, that whatever part of the said subdivision may happen at this time to remaine undone, as the same is inconsiderable in itselfe, soe it hath been caused only by the neglect of the persons concerned, and not through any default of your petitioner, even allthough he had been obliged to performe the same, which he humbly conceiveth, as aforesaid, he is not; and withall, that the not doeing the said remainders of subdivision is not one penny profitt to your petitioner.
3dly. That your petitioner hath, for above thirteene months after the first tender and exhibition of his worke as compleat and perfect, been under a perpetuall examination and scrutiny, having been sometimes referred to committees of the Councill, sometimes to officers of the army, sometimes to artists, sometimes to the Surveyor-Generall and such others as he did appoint, sometimes to the auditors of the Exchequer, and oftentimes forward and backeward betweene them; and lastly to the Atturney-Generall, who, having not been conversant with the said business, hath most scrupulously repeated and reinquired into all the former transactions and examinations, and hath, according to law and equity, considered of the contract and all other proceedings betweene your Lordshipps and the petitioner. Uppon all which your petitioner doeth hope that, without any kind of further scruple or delay, he ought to be discharged of the said contract and bond, according to the opinion and advice of the said Atturney-Generall.
But, to the end that your Lordshipps may doe nothing in the case of your petitioner without most intire and absolute satisfaction, and soe as may allsoe make for the creditt and reputation of your petitioner in his discharge, hee further humbly offereth to your Lordshipps the ensueing considerations and reasons for the said discharge to bee forthwith given him, vizt:
1st. If your petitioner were not to bee discharged about the third of March
