BY THE LORD LIEUTENANT AND COUNCIL
WHEREAS we are highly sensible of the many and great inconveniences, which His Majesties good Subjects in this Kingdome are too frequently brought under by the multitude of causeless presentments and Indictments, which are usually prosecuted at the Assizes and Sessions, rather out of malice or revenge than for the furtherance of justice; as also by the immoderate exaction of Fees in Clerks of the Crown, Clerks of the peace, Sheriffs and Gaolers, which do not onely disturb the peace and quiet of this Kingdome by the continual creating of animosities, and vexations, but do also very much impoverish and disable the Subjects by exposing them to unnecessary and excessive charges. For the preventing and remedying of which mischiefs, we have thought fit, and accordingly do by this our Proclamation direct and require His Majesties Judges in their respective Circuits, and also His Majesties justices of peace in their respective Counties, that they do take care at the respective Assizes and Sessions hereafter to be held, that no Grand jury shall offer, nor any Clerk of the Crown, or Clerk of the peace shall receive any indictment, except for Felony, or Treason, or any presentment hereafter to be made, without the name of the prosecutor, with the addition of his quality and place of abode thereunto annexed, to the end that if upon tryal it shall appeare to the Court, that the said indictment or presentment was malicious, the said prosecutor may be punished according to Law [Page] for such prosecution. And whereas the ascertaining and publishing of the Fees of the above named Officers may tend much to the ease and quiet of His Majesties Subjects, and to the preventing of all undue exactions upon them; We have thought fit herewith to publish the establishment made of Fees due to the said Officers in the time of the Lord Uice-count Grandisons Government in this Kingdome and hereunder mentioned, which Establishment We do strictly require to be observed, and that the same be affixed in some publick place at every Assizes and quarter Sessions, and that no Clerke of the Crown, Clerke of the peace, Sheriff or Gaoler under the pain and penalty of extortion do take other, or greater Fees than are therein Established, except onely in such cases, where by any Statute other Fees are allowed to the said Officers; And whereas there hath been a Fee of Ten shillings usually taken by His Majesties Justices of Assize, upon the tender of any Travers to such Indictments or Presentments as have been found before them, which doth occasion an increase of charge to His Majesties Subjects, who are often found innocent upon their Tryals, and doth hinder many persons from traversing such Indictments and Presentments as are causelesly prosecuted against them, the charge of being acquitted upon such traverses being commonly so great, that it is usually more easy to submit to a small fine for such offences, whereof they are really not guilty, than to traverse such Indictments; And we having conferred with His Majesties Judges herein, they have freely and unanimously offered for the further ease of His Majesties Subjects to remit the said Fee of Ten shillings, which hath been formerly taken by them upon the tendering of such traverses, whereof we have thought fit to give this publick notice to all persons, who shall be hereafter concerned therein.
And whereas we are informed that the Offices of Clerke of the Crown, and Clerke of the peace are often let to Farme in several Counties of this Kingdome, which is not onely illegal, but also very inconvenient, and by reason thereof the execution of the said offices is often committed to insufficient persons, Indictments and Presentments are multiplyed, and undue Fees are exacted, We have thought fit hereby to require His Majesties Judges of Assize, and Justices of the peace of the respective Counties of this Kingdome to take care, that none of the said offices be let to farme, or executed by any persons, who do farme the same, but that the same be executed either by the respective Patentees of the said Offices, or by such able and sufficient sworne Deputies, as shall be approved and allowed of by the said judges and justices. And in all cases where it shall appear to the said judges or justices, that any Indictments or Presentments are malitiously prosecuted before them, they are hereby required to proceed with all the severity that the law will admit against such prosecutors, and also to certifie unto Us the names of such persons, who shall so malitiously prosecute any such Presentments or Indictments, to the end they may be proceeded against and punished, as disturbers of the publick peace of this Kingdome; And the said judges and justices are also from time to time to certifie unto Us the names of such Clerks of the Crown, and Clerks of the Peace, as shall continue contrary to this our Proclamation to let to Farme their said Offices, or shall neglect or refuse to execute their said Offices themselves, or by such able and sufficient Deputies, as by the said Judges and Justices shall be approved and allowed of: And His Majesties Judges of Assize in the several Counties of their respective Circuits, are to cause this Proclamation and the said Establishment of Fees, to be openly read in the hearing of the Countrey at the publick Assizes in every County, and the justices of the Peace in every County are to do the like at the Quarter-Sessions.
Given at the Council Chamber in Dublin, the 22th day of June 1670.
The Table of Fees.
Sheriffs Fees.
| For all Capias at the Suite of the King, for Trespass or Contempt, as also for all Capias of Debt, Trespass or Demand at the Suite of the Subject, that the Sheriff shall have for every such Capias in causes as aforesaid. viz. | Twelve pence sterling. |
| For his Warrant | Four pence |
| For a Bond of bailement | Four pence |
| To the Bayliff that maketh the arest | 4 d. |
| For every summons, or scire facias at the Suite of the party as well upon the original process as upon judicial Record. | Six pence |
| For the return and copy of any pannel. | Four pence |
| For returning a venire facias duodecem juratores. | Eight pence |
| For returning a habeas corp. | Nine pence |
| For a distringas jurator: with a tales | Sixteen pence |
| For writs of Proclamations containing five persons, or under for every Proclamation. | Three pence |
| And if it contain more for every Proclamation. | Four pence |
| F
[...]r
writs of execution, for debts or damages for
every pound sterling under
fifty
Memorand. th
[...]s 50l. by S
[...]atute decimo Caroli primi is made 100l. |
Twelve pence |
| And if it exceed in every pound | Six pence |
| For an Inquisition to inquire for dammage or value of lands or goods | Three shillings four pence |
| For writs of Seisin or possession, for all the lands contained in the writ. | Ten shillings |
| And further consideration to be had of him by the Judges of the Court out of which the writ doth issue, if they shall find his pains to deserve it. | |
| For writs of restitution of goods under the value of Twenty pounds. | Five shillings |
| And if it be above Twenty pounds. | Ten shillings |
| For proceeding and executing [...]f and upon a writ of Justicies. | Three shillings nine pence |
| For entering a supersedeas and the return thereof before Judgement. | Eighteen pence |
| For a supersedeas after Judgement | Twelve pence |
| For extents upon Statute Staples Statut. Merchants or recognizance if it exceed not one hundred pounds for every pound | Twelve pence |
| If above one hundred pounds, six pence in the pound, until you come to two hundred | Six pence |
| And for every pound above two hundred three pence in the pound, after that he receive the twelve pence in the first, and six pence in the second. | Three pence |
| And these fees to be paid by the party upon the liberate and not before. | |
|
Fees for the Clerk of the Crown &c. continued. For every
acquittal of
treason by
verdict |
Eight shillings |
| For every acquittal of Felony by verdict | Five shillings |
| For every one pleading a pardon to an Indictment of Felony and for entring the plea, and making up the Record | Five shillings |
| For enrolling the pardon thereon | Five shillings |
| For every one discharged (by pleading a pardon) of Treason | Eight shillings |
| For enrolling the pardon of Treason and making up the Record | Ten shillings |
| If any be indicted of Treason and is to be discharged by Warrant, for entring the Warrant, judgement, and Record | Ten shillings |
| If of Felony | Five shillings |
| If of Trespass | Eighteen pence |
| For every one allowed the benefit of cleargie, for making up the Record | Five shillings |
| For a writ of Restitution of goods upon Felony or forcible entry and for the Seal | Four shillings |
Fees in the Sheriffs Courts.
| For a Replevin | Eighteen pence |
| For a withernam | Eighteen pence |
| For a writ or precept de proprietat. proband. | Eighteen pence |
| For the Inquisition and verdict thereupon. | Two shillings |
| For the return of a Recordare and plaint | Eighteen pence |
| For entring a plaint | Two pence |
| For every summons, attachment, or distress before appearance | Three pence |
| For every default after Summons, attachment or distress before appearance by way of issue, to the King for the first default | Three pence |
| For the second default | Six pence |
| For the third default | Nine pence |
| And so beginning at three pence, six pence, nine pence as aforesaid, and so to renew and continue ad infinitum untill appearance | |
| For entring the Defend. appearance. | Three pence |
| For entring the Declaration | Three pence |
| For the Copy thereof | Three pence |
| For entring every plea or general issue | Three pence |
| For entring the verdict and judgment | Three pence |
| For every process to summon a Jury to try the issue | Three pence |
| For a precept of execution | Twelve pence |
| For an Atturneys fee during the suit | Twelve pence |
| For blood-shed | Five shillings |
| For Battery | Two shillings six pence |
Fees for the Clerk of the Crown and Assizes in the Circuits.
| For every one that appears upon any Capias upon an Indictment or presentment | Twelve pence |
| For every one appearing upon an alias Capias | Two shillings six pence |
| For every one appearing upon the Exigent | Four shillings |
| For every one appearing upon a plur. Cap. | Three shillings four pence |
| For every one appearing upon a Capias utlagat | Five shillings |
| For every name in a supersedeas to such a writ | Eighteen pence |
| For takeing any Recognizance of the Peace, or for appearance at the next Assizes or quarter-Sessions, or within ten dayes or such like | Two shillings |
| For entering appearance upon such a Recognizance | Twelve pence |
| For takeing a Recognizance of the good behaviour for ever | Three shillings four pence |
| For cancelling such a Recognizance | Twelve pence |
| For every de die in diem | Four pence |
| For every person that appears to find Sureties on his pardon | Five shillings |
| For every one that is bound to the King for appearance, and dieth before the day of appearance and his suerties plead his death, for entring the plea and allowance thereof | Three shillings four pence |
| For every person returned into the Kings-Bench. wherein the partie is to have advantage, if the Certiorari be for one person | Five shillings |
| If the Certiorari be for more than one then for every one | Two shillings |
| For a dismissal upon an Indictment of Trespass, if it be insufficient in Law | Two shillings |
| For every one committed by the Court for a contempt, or otherwise, and being not fined, is discharged, then for his discharge | Twelve pence. |
| But if he be discharged presently, then to pay but | Six pence |
| For searching for a Record at the suite of the party, who suggesteth that he hath been formerly discharged, if it be within a year | Four pence |
| [Page]For every one discharged by Proclamation in Treason, if it be upon an Indictment | Three shillings four pence |
| If without Indictment | Two shillings |
| If of Felony, and bill be preferred, and Ignoramus found by the grand Jury | Two shillings |
| If without bill Indictment preferred | Twelve pence |
| For every venire facias | Nine pence |
| For every one Submitting himself to the grace of the Court upon an Indictment of Trespass, for entring the submission, protestation, and discharge | Two shillings six pence |
| If no more then four be conteined in the Indictment | Eighteen pence |
| If more than four for every one | Fifteen pence |
| If for Recusancie | Two shillings |
| For entring the traverse to every such Indictment of trespass, and for the bonds to traverse, if four and no more be conteined in the Indictment | Three shillings four pence |
| If above four, every one of them | Two shillings |
| If for Recusancie | Two shillings six pènce |
| If the Traverse do go for them, they are to pay for the Judgement and discharge being four and no more | Three shillings four pence |
| If above four, for every one of them | Two shillings |
| For making an Indictment of Treason | Six pence |
| For making an Indictment of Felony | Six pence |
| For making an Indictment of Trespass | Six pence |
| For every one that hath a Copy of an Indictment of Trespass | Twelve pence |
|
Fees for the Clerke of the Peace continued. For a
discharge of an
Indictment of
Trespass, if it be
not sufficient in Law |
Twelve pence |
| If the traverse be found for the partie, he is to pay for entring the judgement and discharge, if there be not above three | Two shillings |
| If above three, for every one | Twelve pence |
| For every person that submitteth himself to the grace of the Court, for entring his appearance and submission, and giving a discharge | Two shillings |
| For every person returned into the Kings-bench upon a Certiorari, wherein the partie is to have advantage, if the number exceed three, for every one | Eighteen pence |
| If it be for one alone | Three shillings |
| For every mans acquittal of Trespass, and giving discharge | Three shillings four pence |
| For every year back-ward, that such search is made | Four pence |
| For the copy of an Indictment upon a Statute | Two shillings |
| For the copy of an Attainder of Felony, if the Clerk have goo [...] warrant to give it | Five shillings |
| For the copy of an Attainder, of Treason if the Clerk have good warrant to give | Ten shillings |
| For the copy of a Recognizance with a condition | Nine pence |
| For entring the plea and enrolling of a charter being pleaded, and whereof allowance is required | Thirteen shillings four pence |
| For every one that pleadeth Auterfoites acquit to an Indictment of Felony | Five shillings |
| For the like plea to an Indictment of Treason | Ten shillings |
| If any one be fined and afterwards be Remitted, for discharging the Fine | Eighteen pence |
| For release of the Peace | Twelve pence |
Fees for the Clerk of the Peace.
| For a copy of an Indictment of Trespass | Twelve pence |
| For entring the plea to every Indictment of Felony or Trespass | Two shillings |
| For a copy of an Indictment, if it be upon a Statute | Three shillings four pence |
Gaolers Fees.
| For a Committal | Twelve pence |
| For the enlargement of a Prisoner for Treason and acquitted | Six shillings Eight pence |
| For the enlargement of a Prisoner for Felony and acquitted | Three shillings four pence |
| For strikeing off the Irons of any Prisoner | Blanck |
| For a Prisoners Lodging, every night, he having a good bed clean sheets &c. | Four pence |
| For a Prisoners Diet per diem | Six pence |
| For a Prisoner acquitted by Proclamation | Nine pence |
| For the enlargement of a Servant for misdeameanor towards his master or mistress | Four pence |
| Item it shall not be lawfull for any Gaoler to take from any Prisoner any part of his Cloathes, or mony that the Prisoner shall have about him at the time of his Commitment, nor of any Cloathes, meat or mony, that shall be sent unto him by charitable people. |
- Ja. Armachanus.
- Mich. Dublin. Canc.
- Donegall.
- R. Ranelagh.
- Shannon.
- Massereene.
- Henry Midensis.
- Kingston.
- R. Booth.
- Jo. Bysse.
- J. Temple.
- Rob. Byron.
- Paul Davys.
- Tho. Pigott.
Dublin, Printed by Benjamin Tooke, Printer to the Kings most Excellent Majesty, and are to be sold by Mary Crooke, in Castlestreet, 1670.