2. Extract from the Preface to Sir Richard Bolton’s Edition of the Irish Statutes, printed in Dublin 1621; with the following Title:
The Preface is addressed to “Sr Oliver St John Knight Lord Deputie General of Ireland:” After some introductory Sentences respecting the Necessity of Laws and Statutes in general, it proceeds thus:
“And now, Right Honourable, considering that many good Statute Lawes of force in this kingdome were neuer hitherto imprinted, and (upon search) finding that, for want of imprinting, many others are perished and lost, in those troublesom and miserable times of rebellion, which have beene in this kingdome, and finding also by experience that the printed Books of those Statutes which were formerly printed are so few that there be not sufficient to furnish only the practisers and Judges of the Law; so as both the cōmon people and some of the Professors of the Law, yea the Judges themselves, did want the ordinarie means to attaine to the knowledge of the Statute Lawes, and were constrained verie often to have recourse to the Parliament Rolls; and finding also by daily experiences that Justices of Peace, Sheriffs, Constables, and other Officers fall short in the execution of their Offices to the great Detriment of the Common wealth, which defects I suppose to be chiefly occasioned by want of knowledge of the Statutes: &c. &c. - - - I resolued with my selfe (for the generall good of this Kingdome) to peruse all the Parliament Rolls which are extant, and to extract out of them all such Statute Laws as were generall or concerned the general good of the Common wealth, which I did accordingly: And, after your Lordships perusall of them, the same were (by your Lordships direction) againe perused by the Chiefe Judges and Master of the Rolls & by them allowed & thought fit to be imprinted, together with so many of the Statutes formerly printed as were not by express Words repealed in the last Parliamēt. Howbeit some few of those Statutes which were formerly printed are by the Alteration of Times growen out vse; and although the same be not in expresse Wordes repealed by any later Act, yet (in mine own opinion) many of those Statutes & especially those concerning Marchiors, and all Statutes that make markes of differences bewteen the English and Irish, as that of shaving the beard upon the upper lippe, and the distinctions betweene Irish Enemies and English Rebells, and of persons amesnable and not amesnable to the Lawe, are by implication & good construction of the Statutes of 33 Hen. VIII. 3 & 4 Ph. & Ma. & 11 Eliz. repealed as absolutely as if the same had been by plaine and expresse words. For now Irish are no Enemies but have the absolute freedome of Subjects, and the full benefite of the lawes; and all Ireland is now devided into Counties, and the King’s Writ doth now runne into all the parts thereof, so as now every Man is amesnable to the Law & may be punished for any Offence whatsoever by the ordinarie course of cōmon Justice; Yet neverthelesse the said Judges & Master of the Rolls thought fit, that those Statutes that had been formerly printed, and were not expressly repealed should be printed againe, and that for two reasons; the one lest peradventure any should unadvisedly taxe me of partialitie that matters of great moment were omitted, and matters of lesse consequence published; and the other was that although the said Statutes be out of use or determined at this day, yet the same may well serve for an historical use; whereby the Judicious Reader may partly discerne both the State of the Church and Common Wealth in those times.”
3. From the Journals of the House of Lords in Ireland.
Die Martis, 20° Aprilis 1762°.
RESOLVED, That an humble Address be presented to his Excellency the Lord Lieutenant, to desire His Excellency will be pleased to give Directions, that the Statutes at Large of this Kingdom be forthwith printed and published under the Inspection of the Lord Chancellor and Judges; and that, as an Encouragement to the Printer, a Copy thereof be given to each Member of both Houses of Parliament.
Ordered, That the Lord Viscount Jocelyn do attend His Excellency the Lord Lieutenant with the said Address.
Die Martis, 27° Aprilis 1762°.
The Lord Viscount Jocelyn acquainted the House, That in Obedience to their Lordships’ Order he had attended His Excellency the Lord Lieutenant with their Address of the 20th Instant; to which Address His Excellency was pleased to give this Answer: “I will not fail to give the proper Orders, that the Resolutions of the House of Lords may be carried into Effect.”
