Page:A View of the State of Ireland - 1809.djvu/65

 the violating of them should be very haynous, and sharpely punishable. But tell us of some more weighty dislikes in the Statutes then these, and that may more behoofully import the reformation of them,

Iren. There is one or two Statutes which make the wrongfull distraining of any mans goods against the forme of Common Law, to be fellony. The which Statutes seeme surely to have beene at first meant for the good of that realme, and for restrayning of a foule abuse, which then raigned commonly amongst that people, and yet is not altogether laide aside: That when any one was indebted to another, he would first demand his debt, and, if he were not payed, hee would straight goe and take a distresse of his goods or cattell, where he could finde them, to the value; which he would keepe till he were satisfied, and this the simple churle (as they call him) doth commonly use to doe; yet thorough ignorance of his misdoing, or evill use, that hath long settled amongst them. But this, though it bee sure most unlawfull, yet surely (me seemes) too hard to make it death, since there is no purpose in the party to steale the others goods, or to conceale the distresse, but doth it openly, for the most part, before witnesses. And againe, the same Statutes are so slackely penned (besides the later of them is so unsensibly contryved, that it scarce carryeth any reason in it) that they are often and very easily wrested to the fraude of the subject, as if one going to distrayne