Page:William Petty - Economic Writings (1899) vol 1.djvu/266

168 say Factions, chiefly denominated by the Names of their Families, as the Butlers and Fitz-Gerralds were of old.

But to return; The chief Factions are the vested and devested of forfeited Lands: all Irish and Papists generally fearing the latter, and most English and Protestants the former, as appears in all Juries and Testimonies given where the Lands or Lives of one or other are concerned. Now in some Counties, as in Kerry, many Forfeitures happened, and few Restorations, and there also few English were ever planted, nor can well endure to live: So as the first sort of Militia in these and other like Counties, are Irish-Papists, devested and discontented Persons. Whereby the few English there, can have no Justice executed, for want of hand wherewith to do it: Nor can they easily get indifferent Juries, but that the Sheriffs are English for the most part, and most commonly Protestants. In which Case, some have been of opinion, that the other Militia, namely the Army, may both in Law and Reason supply this defect in times when there is not occasion for them, to guard the Land from Invasion and Rebelli-|45|on. For why might not 30 Sheriffs be taken out of 120 Officers of the Army, viz. 60 Captains and Lieutenants of Horse, and 60 Captains of Foot? And why may not such be as responsible for executing just Sentences, as any other? And what Tenor is there in the Force which a Bailiff useth, more than in that which one call'd a Soldier carries with him. And why should the Military Officer or Sheriff use more force or terror than to make the Debtor or Malefactor answer the Law, and obey the Sentence of a Civil Court? And is it not more convenient and easy in great riotous Contempts, to bring a Troop or Company, whose Trade it is to use Arms and apply Force dexterously, than to use the Posse Comitatus; that is, to call abundance of men from their Labour and Calling, to attempt things of Danger, which they do not understand? Moreover, if the General can quarter the Army where he pleases, and that the Sheriffs or Constable can, in their respective Precincts, call whom he pleases to his assistance; then the General can