Page:A View of the State of Ireland - 1809.djvu/55

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VIEW OF THE STATE OF IRELAND.
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him. And when he comes forth, he will make their [o 1] cowes and garrons to walke, if he doe no other harme to their persons.

Eudox. This is a slye devise, but I thinke might soone bee remedied, but we must leave it a while to the rest. In the meane-while doe you goe forwards with others.

Iren. There is an other no lesse inconvenience then this, which is, the tryall of accessaries to fellony; for, by the Common Law, the accessaries cannot be proceeded against, till the principall have received his tryall. Now to the case, how it often falleth out in Ireland, that a stealth being made by a rebel, or an outlawe, the stolne goods are conveyed to some husbandman or gentleman, which hath well to take to, and yet liveth most by the receipt of such stealthes, where they are found by the owner, and handled: whereupon the partie is perhaps apprehended and committed to goal, or put upon sureties, till the sessions, at which time the owner preferring a bill of indictment, proveth sufficiently the stealth to have beene committed upon him, by such an outlaw, and to have beene found in the possession of the prisoner, against whom, neverthelesse, no course of law can proceede, nor tryall can be had, for that the

  1. cowes and garrons] Garran is an Erse word; still retained in Scotland, says Dr. Johnson. It means a strong or hackney horse: See Shaw's Galic Dictionary, Todd.