SIR Richard Weſton many years deſigned to make the ſaid River Navigable, and cut part of the ſame through his own Mannor of Sutton as hath been proved before a Committee of this Parliament; where, above 40 Members were preſent, as by their Reſolves hereunder mentioned doth appear; but he being Sequeſtred for his fidelity to the late King, agreed in 1651. with one Mr. Pitſon a Captain in the Uſerpers Army, to ſolicit the diſcharge of his Sequeſtration, and the paſſing an Act of that pretended Parliament, to Authorize the making the ſaid River Navigable, and to cover Sir Richards name, agreed to make uſe of the name of the Corporation of Guildford, Pitſon, Scotchier. Pitſon having ſolicited and obtained the pretended Act, agreements were made that Sir Richard Weſton ſhould finiſh his own deſign to cut the River: Pitſon and the reſt being wholly ignorant in things of that Nature, and that he alone ſhould undertake the work, and give ſecurity by his Eſtate to do it within a year, unto ſuch as would adventure any moneys for a ſhare in the benefits of the Navigation.

The profits were agreed to be divided into 24 ſhares, 12 thereof to be to Sir Richard, and 12 to ſuch as would adventure 250 l. for a ſhare to raiſe 3000 l. which was done principally by Scotchier and one Darnelly.

Sir Richard Weſton cut above two parts in three of the ſaid River, but yed 2000 ls. worth of his own Timber, and expended 4000 l. in money, and dyed within the year, having agreed that 1000 l. more ſhould be raiſed by Adventurers for 4 ſhares more, but he never ſold his Moyety to Pitſon or any others, as is untruly alledged in the ſaid Caſe.

After Sir Richard's death Scotchier and one of Sir Richards younger ſons finiſhed the ſaid cut.

The Heir of Sir Richard, Mr. Iohn Weſton being never concerned in any of the Contracts nor Receipts of Money, and unable to appear, his Eſtate being ſold by the Uſerpers, and very often a Priſoner for his Loyalty.

That in Anno 1654. being after the River was totally finiſhed, Accounts being ſtated, it did appear that Pitſon had received in his ſoliciting and tranſacting amongſt adventurers in the ſaid work above 2000 l. more then he had disburſed towards it, which appears by exhibits p • oved in the Exchequer.

But the ſaid whole undertaking was without pretence of Authority, the ſaid pretended Act, providing that it ſhall not be lawful to cut or dig the Lands of any perſon or perſons until agreement made with them reſpectively, which was never done, in the year 1660, ſome that had adventured for ſhares of the hoped for profits of the ſaid River finding themſelves to have no Intreſt in Law or Equity, without agreement with the Land Proprietors, endeavoured to bring them all to agree that the River might be maintained, and moſt of them joyned to veſt their intereſt legally in Mr. Dickenſon, who as Truſtee have mannaged their cauſe, and its proved in the Exchequer, that all thoſe joyned with the Land owners have expended about their intreſts in the ſaid River above twenty thouſand pounds were in quiet poſſeſſion of the Navigation in Anno 1666.

But Mr. Sandys that was never concerned in the River, having contracted with Pitſon for the ſhares of profits intended for the Adventurers, with promiſes to get an Act of Parliament, and one Radclife haveing got a Pattent from his Majeſty to be conſervator of the ſaid River; thence many differences aroſe, and they procured an Order from the King to ſuſpend the Land-owners receipt of any profits until the Lord Chief Barron ſhould ſettle an Iſſue to be tryed in Michaelmas Term 1666. to determine the intreſts of the ſeveral pretenders.

Mr. Dickenſon, Sir Robert Atkins as Councel for the Land-owners, and thoſe joyned with them, attended the Lord Cheif Barron many times to ſettle the ſaid iſſue, which could not be done: But his Lordſhip was afterwards pleaſed to declare ſome opinion, that it was fit to be brought into the Exchequer Chamber by information by the Kings Attorney General againſt all the pretenders, which was done accordingly.

Some of the Land-owners and thoſe joyned with them, anſwered to the ſaid Information, and moſt of the Defendants never anſwered, nor never were ſubpenaed; thoſe that anſwered ſet forth their intereſts both in Law and Equity, and have attended his Lordſhip above theſe three years, at above 1000 l. expence, and the allegations and proofs offered by Mr. Sandys under Mr. Pitſon and Mr. Radcliffe were heard, but a great part of the proofs and exhibits on the behalf of the Land-owners that anſwered have not been heard, and his Lordſhip declared that he could make no decree herein, neither indeed did the cauſe come before him as between party and party, as Plantiffs and Defendants.

The Land proprietor with Mr. Weston, eldeſt ſon of the ſaid Sir Richard, humbly offer that the Navigation may be preſerved for the publick good, by ſetling the ſaid River, upon ſome Gentlemen of the ſaid County, as Truſtees to diſpoſe the firſt profits of the ſame to maintayn the ſame Navigable, and the reſidue to the reſpective perſons, who have any right or intreſt thereunto, either in Law or Equity.

And if the wiſdome of Parliament ſhall think fit, that a competent number of the Gentlemen of the ſaid County who have the advantage of all others by being on the place, may be empowered to give any competent ſatisfaction to any that have adventured moneys about the ſaid River, and are not relieveable in any of the ordinary Courts of Law or Equity, tis humbly ſubmitted.