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Sir,—His Excellency the Lord Lieutenant and their Lordshipps of the Councill having perused your letter of the 9th of November, instant, as allsoe another from some of the adventurers, dated the second of this moneth, and a paper enclosed, being the opinion of some learned in the law, declaring their sence concerning the Act for satisfying the said adventurers, together with the said adventurers dissent there against the late printed declaration and petition, as being reputed to bee dangerouse to their interest in this nation; their Lordshipps have commanded me to acquaint you therewith, and that they cannot but observe some difference amongst the adventurers, which they apprehend tends not to the setling their interest, or the much desired plantation in this nation, and are sorry to find their good intentions soe mistaken, your practicall knowledge in that business in all probability giving hopes of doeing them and the publicke good service, which by this opposition is rendered fruitless. And allbeit jealousies and misapprehensions are too common in bussiness of this nature, and may tend to your discouragement, their Lordshipps would have you, nevertheless, to leave noe good meanes unatempted for composing what may bee amiss, and to use your best endeavoures in bringing soe desireable a worke to a peacefull and happy conclusion. And in case this nation, and the adventurers and persons concerned in this affaire, shall not be soe happy as at present to see this great affaire setled by a full and free consent and agreement amongst themselves, his Excellency and their Lordshipps will not be wanting, uppon application made hereafter to them by persons concerned, to continue their reall intentions and endeavours to settle such persons whose complaints shall come before them, in their just rights, according to law; which is all I have in command at present, and remaine
| Councill Chamber, Dublyn, 17th of November, 1658. |
Your humble servant, Tho. Herbert. |
The party fancying the proceedings, goe likewise to councellours at law, and procure the following opinions of Serjeant Archer, Mr Hide, Mr Allen, and Mr Mosyer, opposing that of Palmer, Bridgman, and Ffinch, as allsoe asserting the justice and legallity of the petition and declaration, vizt:
The committee of claimes are limited,
By their order of the Councill of State, to charge uppon the province of
