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A Third sort of Objections, were Answers to what Marshal had pleaded viz.
Object. 1. THat the 2 Judgments of the Exchequer in behalf of the Reduced Collumn, passed Subsilentio and were after∣words declined.
Answer 1. They were exposed to all persons concerned.
2. The Record publickly read in Court.
3. They were grounded upon Certificates of the surveyor General and the oath of the particular surveyor.
4. The King, the Lords Justices, Lord Lieutenant & severall Judges and pri∣vy councellors allowed the same & the like things; moreover the said Judge∣ments were declined subsilentio for sinister ends, & for greater advantages but never Judicially or otherwise null'd to this day. Lastly, it apears not how little, or how much that Strepitus must be, which the Law calls Silentium.
Object. 2. That though 54000. Acres seem to have been set out for 2551 l. which summ requires but 5668 Acres at the Act Rates of 450 l. per thousand Acres in Munster, Yet in truth 5668 Acres were only set out in satisfaction of the said debt, and that the rest [being above 48000. Acres] were cast in for satis∣faction of Incumbrances and Chiefryes wherewith the Lands were charged.
Answer. It is strange That the Incumbrances were 8 times more then the Value of the Land? or that 5668 Acres of cleer Lands could not have been found amongst the 54000 Acres inserted into the Certificate of the Court of Claimes; besides such a way of proceeding is without precedent, as well as without Reason.
Object. 3. That although the Lord Lieutenant and Council upon report of the Committee of the Council, (by Instruments signed by the Lord Lieutenant, Lord Chancelllor, Lord Chief Justice, Lord Chief Baron and many others) had recommended the Reduced Collumn to be Judicially confirmed, (as it had former∣ly been) That the extreme Measure had been a loss to the King, and would in∣title the Farmers to Defalcations &c. Yet the King had done nothing upon it
Answer. The King (by his several Letters since) hath pressed the Con∣sideration and Settlement of the Reduced Collumn; and this plea it self was filed upon an Order of the Lord Lieutenant and Council in Trinity Term 1678, grounded upon his Majesties said Letters, and after the Earl of Essex his Re∣ducement to 148 l. had been made.
Object. 4. That the Conaught Survey was not like the Kerry Survey, and that if the Late Commissioners for the setling of Conaught had charged Quitrents onely upon the Aliquot part, and not the extream content, It did not concern the Pleadant to take notice of it.
Answer. 1. The Kerry and the Conaught Surveyes are the same in substance and in their Maps, though they do differ onely in the form of their Books of Reference.