Page:A View of the State of Ireland - 1809.djvu/67

This page needs to be proofread.
VIEW OF THE STATE OF IRELAND.
51

countrey, where they found it. And so by ensample of that graunt to townes-men, they thought it lawfull, and made it a use to distrayne on anothers goods for small debts. And to say truth, nice thinkes it is hard for every trifling debt, of two or three shil. to be driven to law, which is so farre from them sometimes to be sought, for which me thinketh it too heavy an ordinance to give death, especially to a rude man that is ignorant of law, and thinketh, that a common use or graunt to other men, is a law for himselfe.

Eudox. Yea, but the iudge, when it commeth before him to triall, may easily decide this doubt, and lay open the intent of the law, by his better discretion.

Iren. Yea, but it is dangerous to leave the sence of the law unto the reason or will of the iudge, who are men and may bee miscarried by affections, and many other meanes. But the lawes ought to bee like stony tables, plaine, stedfast, and unmoveable. There is also such another Statute or two, which make Coigny and Livery to bee treason, no lesse inconvenient then the former, being as it is penned, how ever the first purpose thereof were expedient; for thereby now no man can goe into another mans house for lodging, nor to his owne tenants house to take victuall by the way, notwithstanding that there is no other meanes for him to have lodging,