Assembly Proceedings, April—May 1682. 289

With these Amendments this house think reasonable to
pass the Bill, and Desire the Lower house to Concurr—
Signed p^r Order p^r Iohn LLewellin Cl of Assembly.

Iohn Prior called into the house, and this house not having
found any positive Proof or Circumstance against him; neither
hath any appeared to the Lower house (as this house conceive
by their last Message) he is Dismissed without further
Trouble—
Adjourn till to Morrow Morning 9 a Clock

May the 9th 1682 Upper house met

Present
The Right Honourable the Lord Proprietary
The honourable
Philip Calvert Esq^r Chan^r
William Calvert Esq^r Sec^ry Coll: Vincent Lowe—
Coll Thomas Tailler Coll: William Stevens

Michael Tawny and Major Charles Boteler according to
Summons make their Appearance—
Major Boteler Examined and required to inform this house
what he knoweth concerning the Town Land at Battle Creek,
Saith that the same had been always taken and Esteemed to be
the Land of William Berry and that what he had done in laying
out thereof and erecting the same into a Town was done in the
Presence and by the Advice of William Berry which the People
Inhabitants thereof who had been thereby encouraged to Build
and Seat thereon well hoped had been a Sufficient reserve
from all future Surveys—

U. H. Journal
1659-98

Michael Tawney declares and freely Offers that what part
soever of the Tract by him lately taken up shall be found to
be within the Bounds of the Town Land he is willing to relin-
quish his Claim thereunto although without the Lines of
Berrys Land and will be Content to take a Certificate if any
without Berrys Lines and not within the Town Land, which he
humbly Craves he may have the Benefit of: which this house
think but reasonable, & Order as followeth Viz^t

Upper house of Assembly May the 9th 1682
Ordered that Major Charles Boteler and M^r Robert Iones
together lay out the Lines of William Berrys Land According
to the due Courses and Distances mentioned in his Patent
thereby to Discover what Land is left Betwixt that and the
Creek; a true Plott whereof, and of the said Berrys Land laid
out in Presence of the Inhabitants of the Town to be Certified
to his Lordship and Council with all Convenient Speed.

p. 414