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That the souldiery are not entituled unto any surplusage uppon the adventurers moyety unless such surplusage doe appeare on the returne of the gross survey, nor is there any power to make a generall resurvey of the adventurers moyety to find out a surplusage, but there is only povyer to resurvey each particular adventurers part, to see whether he exceeds his private proportion at any time before 1659, and when that particular survey is made the adventurer who is found to exceed hath power allsoe to purchase and redeeme the same; in the meane time the adventurer hath a possession which he may defend by law, and bring his ejectione firma. The power of deciding controversyes betweene the adventurers and the State is left and remaines solely in the determination of the law.
Thatt all leases of lands and custodiums in the severall allottments are to be reprized to the adventurers out of the county of Kildare, as far as those allottments are charged with such leases and custodiums, as well as rents or other dutyes particularly mentioned in the ordinance of June, 1654.
That where the committee of adventurers, by the ordinance of August, 1654, have made particular allottments and ascertained subdivisions, the committee of claimes cannot make any alterations of such adventurers parts, who have sufficient lands soe as afforesaid allotted unto them; in all things else the committee of claimes may proceed as formerly, their power being by Act of Parliament, and not taken away by any subsequent Act of Parliament; and therefore they may still, at this day, proceed to supply deficient adventurers out of the surplusage barronyes of their moyety of the ten countyes, and if that be short out of the county of Lowth, out of the barrony of Atherdee, according to the Act of September, 1653.
Lastly, wee conceive the printed proposalls to bee dangerouse and destructive to the adventurers if assented, and that such assent will involve them in endless suits and troubles; and wee conceive the deficient adventurers have a more safe and legall way to bee provided for then by any exspedients tendered in the proposalls.
26th Oct. 1658.
Jeo. Palmer.
Hen. Ffinch.
Whereuppon the Councill send me the following letter:
