Page:A View of the State of Ireland - 1809.djvu/56

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
40
VIEW OF THE STATE OF IRELAND.

principall theife is not to be gotten, notwithstanding that he likewise, standing perhaps indicted at once, with the receiver, being in rebellion, or in the woods: where peradventure he is slaine before he can be gotten, and so the receiver cleane acquitted and discharged of the crime. By which meanes the theeves are greatly incouraged to steale, and their maintainers imboldened to receive their stealthes, knowing how hardly they can be brought to any tryall of law.

Eudox. Truely this is a great inconvenience, and a great cause (as you say) of the maintenance of theeves, knowing their receivers alwayes ready; for, were there no receivers, there would be no theeves: but this (me seemes) might easily be provided for, by some Act of Parliament, that the receiver being convicted by good proofes might receive his tryall without the principall.

Iren. You say very true Eudox. but that is almost impossible to be compassed: And herein also you discover another imperfection, in the course of the Common Law, and first ordinance of the realme: for you know that the said Parliament must consist of the peeres, gentlemen, freeholders, and burgesses of that realme it selfe. Now these being perhaps themselves, or the most part of them (as may seeme by their stiffe with-standing of this Act) culpable of this crime, or favourers of their friends, which are