SUSPECTED robbers and thieves will soon be spared the prospect of being "put to the ordeal of water"; nor will Frenchmen be forced to pay 'scot and lot'; but spare a thought for poor Christopher Preston, as he will no longer be eligible to bring corn for his support when he goes to study law in London.
Confused? Well within a couple of weeks you won't be, as government chief whip Tom Kitt is currently guiding through the Dail the biggest single statute law revision measure ever undertaken in the state . . . repealing literally thousands of laws that date back to the days of William the Conqueror.
When the Irish Free State achieved independence in 1922, we didn't just maintain the silly wearing of wigs and gowns in courtrooms; a huge number of laws were inherited from the British system. Thousands of laws remained on the statute books which were passed by various parliaments which had sat in Ireland between the Norman conquest in 1169 and the Act of Union in 1800, along with laws passed by various English and British parliaments from the 14th century and extended to Ireland.
Hence the presence on our statute books of dozens of the maddest laws you would find outside of Alice's Adventures in Wonderland. So yes, there actually is an act, dating back to 1166, that states that anyone suspected of being a robber/murderer/thief can be taken and put to the ordeal of water. Presumably, it's been a while since it was actually enforced.
And since the 11th century, Frenchmen technically do have to pay 'scot and lot' . . . which means paying taxes according to their ability. Alas, judging by the evidence from Croke Park a fortnight ago, the French haven't found Ireland nearly taxing enough in recent times.
Christopher Preston, meanwhile, was a young law student in the 15th century who was authorised to bring "three weighs of corn to London to support him while he studies law notwithstanding any statutes to the contrary".
Another classic law from 1166 (were they dreamed up to mark the centenary of the Norman victory in the Battle of Hastings? ) is the prohibition on vagabonds or strangers being given shelter for more than one night unless "he becomes sick there, or his horse does".
Speaking of horses, the inhabitants of the Parish of Ballyboghil in County Dublin may be unaware that, since 1493, they are obliged "to supply only one horse cart when necessary for expeditions of war".
More sinister was the 1181 act that stated that no Jewish person should keep in his possession a hauberk (chainmail vest) or "aubergel" but "let him sell them or give them away or otherwise dispose of them that they may remain in the King's service" .
All of the above acts are . . . you will be relieved to hear . . . to be repealed as part of the Statute Law Revision Bill 2007, which has just gone through the Seanad and will go through the Dail this week.
The research leading to this bill was a massive exercise involving the compilation of a database recording the status of more than 26,000 public general statutes. And the result of that research is the first comprehensive list of the laws pre-dating independence that has been produced.
Some 3,188 acts on the 'black list' will be repealed, but another 1,348 acts on the 'white list' will be retained. These acts have been found to have some degree of modern relevance and they must be replaced with modern laws before they can be repealed.
Minister Tom Kitt says that within the next number of years, the government intends that all pre-independence legislation will be repealed and replaced with modern laws.
"This bill is not the end of the process of modernisation of our statute book. It is instead an important step in that process and will provide a blueprint for further measures, not just of statute law revision, but also of substantive statute law reform. Our ultimate objective is to provide the Irish people with a single legislative code which is clear and accessible, " he told the Seanad. He added: "the bill provides, for the first time in our history, complete clarity as to exactly which laws apply to us here in this state".
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