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- If it bee willfull, such breach of trust may be punished by information; but if it be only error of judgement, its otherwise.
A, B, and C, are, by an order of the Councill of State of the 1st of June, 1653, appointed a committee for certaine ends and purposes (prout); the Parliament of the 26th of September following confirmes that order; the Councill of State is dissolved the 16th of December, the Protectorshipp and a new Councill succeeding under a new forme of government:
Quere,—Whether the order of the Councill of State, allthough confirmed as afforesaid, bee determined?
- I thinke, the order of the Councill of State being in itselfe absolute and unlimitted, and being confirmed by Act of Parliament, this remaines, allthough the Councill that made it bee dissolved.
Whether the committee of adventurers had any power over any other then defective barronys, by vertue of the ordinance of the 1th of August, 1654?
- They had noe power but in case of such differences as in are exspressed uppon the defects of the barronyes where the lotts fall.
Whether they could act before they certainely knew which barronyes were defective?
- Now the difference must first be made to appear.
Their ordinance being dated after the Act of Satisfaction, and after the commission and instructions to Cha. Ffleetwood, &c., whereby the lands sett out unto each man are to be distinguished by their quality, quantity, name, scituation, &c., whether any rule or method not answering these ends, which the said committee can contrive, is allowable?
- The committee of adventurers have a latitude to compose differences betweene adventurers; but for ascertaining where they undertake itt, they ought to follow the methods prescribed to others in like cases, but to be sure they must leave the subdivision with a convenient certainty.
Whether the registering of the certificat of particular allottment be not necessary to seisin and possession, and whether the registring the certificat of the committee of claimes be necessary?
