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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B08654 The case of the Kerry quit-rent, 1681 1681 (1681) Wing C1096A; ESTC R205941 12,106 17

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THE CASE Of The KERRY QVIT-RENT 1681. GENESIS 47 Chap. 23 24 25 26 27 v. 23 Then Joseph said unto the people Behold I have bought you this day and your Land for Pharoah lo here is seed for you and ye shall sow the Land 24 And it shall come to pass in the increase that you shall give the fifth part unto Pharaoh and four parts shall be your own for seed of the field and for your food and for them of your houshold and for food for your little ones 25 And they said Thou hast saved our lives let us find grace in the sight of our Lord and we will be Pharaohs servants 26 And Joseph made it a Law over the Land of Egypt unto this day that Pharaoh should have the fifth part except the Land of the Priests only which became not Pharaohs 27 And Israel dwelt in the Land of Egypt in the Countrey of Goshen and they had possessions therein and grew and multiplied excedingly The Land was Pharahos and the Men his slaves Yet but One Fift for Seed and all he craves The Tenants throve and multipli'd so as The Rate of Fifths a Law for long time was But two Fifths without Seed from th' Owner's Soare 'T is thrice as much as Pharaoh took and more Well have We three Fifths left Not One We say Strange Rules took two Mistakes the rest away What if for three years We have pay'd Nineteen In AEgypt Never so od a Rule was seen Do'nt Pharaoh cruel Nor the worst bondage stile AEgyptian 〈…〉 in our Isle The CASE of the KERRY Quit-Rents 1681. COurts of Judicature are open to all comers and Those who hear their proceedings are Judges even of the Judges themselves Now the persons concerned in this Case have had the Judgment of so many By-standers whilst their Cause was Arguing in the Exchequer That they are incourag'd to expose it in Print to the Judgment and Cognizance of the whole World And have together with their Case Printed an Afidavit also which may serve as a Juramentum Calumniae Importing that they themselves think well of their own pretensions and that what they contend for is not a small or frivolous matter and may perswade the Reader that the grounds whereupon they proceed are not onely true but that the dealings which they have had upon them are Wonderful They are not unmindful that to Print their Concernments is lyable to many dangers and Inconveniencies But believing that their Arguments are founded upon Eternal Truths not temporary Tricks They hope that no Caprice Prejudice Revenge Surprise sly Insinuation Ridiculing of Right pretence of Intricacy power of Factions Envious disposition nor other secret causes can finally prevail against Laws founded upon common sence and reason Wherefore and for that they expect their Adversaries will also be upon Oath and in Print concerning this Matter They venture out and say that the Case of the Kerry Quit-Rents consists of these principal points or questions viz. THere is a Survey wherein the Quantity of profitable Lands is set forth in two several Columns The one commonly called the Extream Collumn And the other the Reduced Collumn Now the Question is By which of these two Collumns the Kings Quit-Rent ought to be charged and paid 2 Whereas the Plaintiffs have enjoyed the Lands set out to them scarce three years of 21 years and a half and the Kings Ministers have disposed of them for the rest of the time The question is whether by the intention of the Clause in the 37th page of the Explanatory Act which is to incourage Plantation the Quit-Rents be not fully satisfied which Collumn soever be the Legal Measure or what money soever be the true Value of the Lands so as the Plaintiffs at the end of the said 21 years and a half might justly be restored or rather admitted to the possession of their Lands Many who have been acquainted with these Questions need not to have them explained But the rest of the World for we address to the whole World must Wherefore we say as followeth to the first viz. 1. That Soldiers whose Lots fell in Munster were for satisfaction of their service To have Lands at 9. shillings the Acre at a time when Lands were not worth 7 years purchase Though we shall reckon them here at ten So as the Lands must be worth about ten pence three farthings per Acre to make such a satisfaction and because about 3 pence three farthings must be paid out of it as an yearly Quit Rent to the King The Lands must be worth 14 pence half peny the Acre or otherwise it will not be satisfactory or profitable in the sence of the Law 2. In some parts of Munster much Lands were wholly unprofitable as Logh being no Land at all Rock upon which no grasse Grew Bogg on which the little that grew was inaccessible but in some few monthes of the year And in this same Country few Lands were worth above 2 s. 6 d. the Acre before the Wars when they were and might be peopled and enjoyed and Anno 1655 when the same was Surveyed not ⅓ thereof So as almost the whole County consisted of Lands dubiously confusedly and intermixt profitable worth before the Wars between 1 d. and the said 2 s. 6 d. per Acre The Medium whereof is about 15 pence half peny as the value of indiferent good pasture Lands and no Ill Standard and Measure of profitable Lands in Order to a competent satifaction of the Soldiers 3 In Order to this Survey an Instruction was given Printed and published Anno 1654. for distinguishing between profitable and unprofitable in these words You are to distinguish by admeasurement the profitable from the unprofitable or return by good Estimate the Aliquot part of the same in case the One lyes dubious and confused Or in very many and very small spots among the other The meaning whereof was That if the distinction or bounds between profitable and unprofitable were very plain and cleer that the distinguishment should be made by Lines to be Geometrically admeasured and described But where a parcel of Land containing in Geometrical content suppose 100 Acres had no more Tussocks of Pasturable grasse growing within its whole circumference then were equal to 25 Acres Or if the whole 100 Acrers were accessible for Cattle but 3 monthes in the year or if but one quarter of the grasse were good food and the rest useless weeds or that 4 Acres thereof were worth but one Acre of the worst Arable in the same parish or Barony or about 15 d. per an We say that the meaning of the said Instruction was that the Surveyors should by good Estimate return the Aliquot part by saying as in this Instance that the said Parcel of Land did contain 100 Acres whereof one quarter was profitable or indifferent pasture or which is all one whereof 4 Acres are Equivalent to one of profitable or indifferent good pasture or course Arable or