( 177 )
appeare in any for ever hereafter; besides, one moneths time is enough for any examination of each mans particular lott, and att the last distribution in December, those that then tooke out their lands had notice to make all the exceptions they could against the survey, to the end that their orders of possession might bee thereby unalterable, as may appeare under the hands of many of the officers therein concerned. Neither will it bee safe for your Lordshipps to sign letters of possession, untill the foundation thereof (which is the survey) hath past its full examination and time of probation, which, if your Lordshipps doe not thinke is compleated, and your petitioner fitt to bee discharged, then the army must stay for their legall possession untill the same be soe compleated, and your petitioner discharged.
2dly. Itt is not for your Lordshipps advantage even to bind your petitioner, or to conceive yourselves obliged to take notice of such faults; for your Lordshipps shall hear only of the want of measure, but never of what is over, complaints of that kind having hitherto allwayes appeared to bee grounded uppon mistakes in the mearers, or uppon the partiallity of the surveyors which the complainants have employed. Now if your Lordshipps should condescend to send downe a surveyor to review the said complaint, itt is likely that, whether the same be right or wrong, the said surveyors, or his mearers, who possibly are tenants to the land, shall be wrought uppon to abuse your Lordshipps therein. Neither is it unjust in this case, where soe few faults have appeared, and those soe inconsiderable and uncertainly proved, that such complaint should be denyed to be repaired by your Lordshipps, since that parcell which happened to be a litle defective was given out by lott, and consequently might have as much exceeded the content for which it was given.
3dly. The reparation of such defects ought to be made out of such overplus as the complainant can find out, ffor then he that hath the overplus and hee that complains of defects will be better checques uppon one anothers resurveyes then any your Lordshipps can put over them.
Wherefore since your petitioner his being longer detained is neither advantage to your Lordshipps or the army, he humbly desireth that he may not be causlesly burthened therewith. It is not to save any charges for himselfe, nor to withdraw himselfe from the rectification of any thing that shall be amiss, that your petitioner desireth this discharge; ffor as he is bound for ever to the latter by his creditt and reputation, which he hath noe way hitherto been prodigall
