‘Lower orders’ to be asked help abolish antiquated laws

‘Largest repealing measure’ in State history will see laws dating back to 1600s abolished

A proclamation to reserve the consumption of oatmeal and potatoes “for the lower orders of the people” is among a number of measures on which the Government will canvass public opinion over the next month.

But no, this is not a deliberate leak from the latest austerity budget. It’s just one of the several thousand old legal instruments proposed for abolition as part of “the largest repealing measure” in State history.

The oatmeal and potatoes order dates from 1817, during an earlier economic depression: the one that followed the Napoleonic wars. Then, to counteract the soaring prices of these staples, the Lord Lieutenant proclaimed than anyone “not in the lower classes of life” should desist from eating them or feeding them to horses, “especially horses for pleasure”.

Other measures for abolition include a 1690 prohibition on soldiers fighting duels; a 1668 proclamation offering rewards for the capture of named Irish rebels, dead or alive; and a 1665 order appointing the first Wednesday of every month as a day of fasting and penance for the relief of Bubonic plague in London.

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Full schedule

The instruments under review in this phase all predate 1820. A full schedule of the 4,500 proposed for repeal, and 38 the Government wants to retain, are listed on the department’s website per.gov.ie/slrp. After a public consultation process, a Bill will be prepared to revoke those deemed obsolete.

Many of the orders will have had limited effect, even in their heyday. Despite crackdowns on duelling, for example, it continued to be a popular form of dispute resolution well into the 19th century.

And some of the obsolete orders relate to events that still have echoes today. They include a declaration of war against France in 1744: part of the War of the Austrian Succession. A year later, in the same conflict, Irish exiles helped the French to victory at Fontenoy, a name still commemorated by several GAA clubs.

The deadline for submissions is October 15th, the day after the Budget.

Frank McNally

Frank McNally

Frank McNally is an Irish Times journalist and chief writer of An Irish Diary