C R
‘DIEV ET MON DROIT.’‘HONI SOIT QVI MAL Y PENSE’


❧ By the King.
❧ A Proclamation for preuention of abuses of Informers, Clerkes, and others in their prosecutions vpon the Lawes, and Statutes of this Realme.

WHereas for the more due execution of the Lawes, and Statutes of this Realme, and the better to reforme the abuses of Common Informers in their vniust prosecutions, and vexations of Our Subiects: Wee by Our Letters Patents vnder Our great Seale of England, bearing date at Westminster the twentieth day of February, in the fift yeere of Our Raigne, vpon due consideration did ratifie and confirme the Office of Receiuer, and Collectour of Fines, and Forfeitures due vpon penall Lawes, formerly erected by Our late deere Father of blessed memorie, in the eighteenth yeere of his raigne; and thereunto We vnited and an­nexed the Surueying, Registring, Collection, and Receipt of Fines, and Forfeitures, for transgressing the Common Law of this Realme, or any branch thereof, and of all, and euery Recognizance, or Recognizances thereupon grounded, which were, or should be for­feited to Our vse in any Our Courts of Iustice, and Iudicature, within this Our Realme of Eng­land, and Dominion of Wales; and of all summes of Money, which were, or should bee to Vs, Our Heires and Successors, due, or growing by reason of any Information, Bill, Plaint, Suit, Action, Presentment, Composition, Verdict, Iudgement, Execution, or other proceeding commenced, or to be commenced and prosecuted, either by Our Attorney generall for the time being, or by any common Informer, or other prosecutour, person, or persons whatsoeuer, against any offendour, or defendant for transgressing the said Lawes and Premises, or any of them, or by reason of any Recognizance as aforesaid; Sithence, the one and thirtieth yeere of the raigne of Our late Royall predecessor Queene Elizabeth, (excepting the Registring of all Suites, Plaints, and Informations, and the collecting of all Fines, and Forfeitures due, or to be due by any sentence of Our Court of Starchamber, or by any Iudgement, Sentence, or Decree in either of Our Courtes holden, or to bee holden before the Lord President and Councell, in Our Principalitie and Marches of Wales, or before the Lord Pre­sident and Councell, in the North parts of this Our Realme, or in any Court Leet, or Courtes Leets, and of all Fines, and Forfeitures for Custome causes, and touching Our setled Reuenue, and of all other Fines, and Forfeitures, whereof the Registring, Collection, and Receipt was by any letters Patents vnder the great Seale of England granted to any other person, or persons, before the fifteenth day of October, in the eighteenth yeere of the raigne of Our said deere Father, and which were in force at the time of the making, and ensealing of Our said letters Patents.) And whereas, by Our said letters Patents, We haue granted the said Office vnto Our trusty and welbeloued ser­uants Iames Chambers Doctour of Phisicke, one of Our Physitians for Our Person in ordinary, and Edward Brawne Esquire, one of Our Gentlemen Sewers in ordinarie, for terme of their liues, and the longest liuer of them, to be exercised, and executed by himselfe, or themselues, or by his, or their suffi­cient deputie, or deputies, as therein more at large it doth, and may appeare.

Now forasmuch, as notwithstanding the seuerall prouisions expressed in Our said letters Pa­tents, and seuerall directions sithence giuen by Vs in pursuance thereof, for preuenting of great [Page]fraudes, and abuses committed by the subtile practises of common Informers, combining with vn­der Clerkes, and other inferiour officers their confederates, in their prosecutions vpon the said Lawes, and premises; the same continue still more and more practized, to Our great preiudice, the contempt of Our Lawes, and abuse of Our Subiects, and to the onely priuate gaine of them the said Informers, Clerkes, and other such inferiour persons and officers: We therefore, for the better preuention of all such fraudes, and practises in time to come, and for the better setling, and ordering of the said Office, and performance of Our seruice therein to be done by Our said officers; And to the intent Our Royall will and pleasure, and prouisions in Our said letters Patents, concerning the premisses, may be the more publiquely knowne and duly obserued; Haue thought fit by this Our Proclamation to giue publique notice thereof, to all Our officers, and louing Subiects, especially those whom it doeth, or may concerne; That they nor any of them may pretend ignorance, if at any time hereafter they shall violate, or transgresse the same: Which We doe hereby streightly charge, and command them, and euery of them, carefully to obserue, vnder paine of Our high displeasure, and such punishments, as by the Lawes of this Our Realme, or Our Prerogatiue Royall may be in­flicted vpon them forsuch their contempt.

And first, for the better and more certaine knowledge of the proceedings of Informers, and of what thereby shall accrue vnto Vs, and to preuent their secret practises; We doe hereby straightly charge and Command, that euery Informer and other prosecutour, person, and persons whatso­euer, that shall at any time hereafter exhibite or preferre any Information, Bill, Plaint, Suite, Action, or Presentment, in any Our Courtes, or places of Iustice within this Our Realme of England, and Dominion of Wales, (Except the Courts and places before excepted) vpon any penall Law, or Statute, or for transgressing the Common Law of this Realme, or any branch or mem­ber thereof, wherein We shall be interessed, shall before he take out any Writ, or Processe against any Defendant, for appearance to his Suite, deliuer a briefe and perfect Note, or Copie of euery such Information, Bill, Plaint, Suite, Action, and Presentment to Our said Receiuers, their De­puties, or some of them, either at their publique Office kept for that purpose, in, or neere Our Citie of London, for such as shall be exhibited, and prosecuted, in Our Courtes of Record at Westminster, and other Our Courts of Iustice, in, or neere Our Citie of London, and places thereunto adioy­ning, or to their particular Deputies attending in the seuerall Counties, and places aforesaid, for such as shall be there preferred, and prosecuted; To the intent that an Entrie may be thereof, by him, and them had, and made, according to the true intent and meaning of the said letters Patents.

And Our further Will, and Pleasure is, that no Officer, Attorney, or other Clerke, or Clerkes whatsoeuer, whether belonging to any the said High Courtes of Iustice at Westminster, or to any other inferiour Court or Courts as aforesaid, or to any Towne Corporate, Borough Towne, or other place within this Our Realme of England, and Principalitie aforesaid, hauing Authoritie to Issue forth any such Writ, or Proces, shall Issue forth any such against any Defendant, at the Suite of any Informer, or other Prosecutor, vpon any the foresaid Lawes, or Statutes, vntill it shall bee made appeare vnto such Clerke, Attorney, Officer, or other person, by some Note, or Writing vn­der the hand, or hands of Our said Receiuers, or his, or their Deputie, or Deputies, or some of them, That they Our said Receiuers, or their Deputies, or some of them, haue had sufficient notice of euery such Information, Suite, Action, or Plaint, together with the names, and places of the abode of the parties both plaintife, and defendant.

And Our further Will and Pleasure is, and We doe hereby straightly charge, and Command, all common Informers, and other Prosecutors as aforesaid, that shall hereafter sue out any Licence to Commune, Compound, and Agree with any Defendant, or make any Composition vpon any such Licence, or procure any Fine to be set, stricken, or Assessed to Vs for the same; and euery Officer, Attorney, and Clerke belonging to any Our Courts, or places of Iustice as aforesaid, that shall make, or prepare any such Licence, or any Warrant, Bill, or Writing, for the striking, setting, or As­sessing of any Fine, vpon, or by reason of any Information, Bill, Plaint, Suite, Presentment, or Action as aforesaid, or for, or by reason of any Verdict, Composition, or Inquest; That they, and euery of them respectiuely from time to time at all times hereafter, by writing vnder his, or their hand, or otherwise giue true, certaine, and sufficient notice, and knowledge thereof, to Our said Re­ceiuers, or their Deputies, or some of them, before any such Licence for Composition, or Warrant for Assessing, or striking off Fines as aforesaid shall be exhibited, or preferred to any the Iudges, Barons, or Iustices of Our said Courts, or to Our Attorney Generall for the time being, to bee by them, or any of them Signed, Granted, Stricken, Set, or Assessed respectiuely as aforesaid; To the intent, that not onely Entries of the particulars thereof, together with the names and places of abode of the parties, both Plaintifes, and Defendants, may be the more duely had, made, and entred by Our said Receiuers, or their Deputies for Our seruice, according to the true meaning of Our said letters Patents: But also that they Our said Receiuers, or their Deputies, or some of [Page]them, may be attendant on the said Iudges, Iustices and Barons, or vpon Our Attorney generall at the rating, setting, striking, or assessing of the sayd Fine or Fines, the better to Informe them or any of them of the nature and qualitie of the Offence whereupon the sayd Fine is to be asses­sed, That thereby the sayd Fine may be by them Our sayd Iudges, Iustices, Barons, or Attor­ney generall mitigated or increased, as the cause shall require and they shall thinke fit.

And for the better performing of this our Seruice, Our Royall Will and Pleasure is, That the Clerke of the Crowne in Our Bench at Westminster, the Custos Brevium in Our Court of Common Pleas, Our Prothonotaries of that Court, The Remembrancer of Our Court of Exchequer, and the Clerke or Prothouotarie of the Office of Pleas in that Court for the time being; The Clerks of Assize, and Clerks of the Peace in all and euery Our Courts in the seuerall Counties and circuits throughout this Our Realme of England and Dominion of Wales; the Clerks of Cities and Townes Corporate, and all other Officers and Ministers of the sayd seuerall Courts, and all and euery the Officers and Ministers of Vs, Our Heires and Successors whatsoeuer, whom it shall or may concerne doe take speciall notice of this Our Royall Will and Pleasure in the premisses, and in Our sayd Letters Patents more at large expressed.

And that euery Informer also, after Composition made with any defendant, and before he shall receiue his money or any part thereof, or make any Acquittance or discharge for the same, shall not onely certifie his Composition vpon oath before one of the Iudges or Iustices by whom such licence was graunted and signed; (whom We haue by Our sayd Letters Patents authorized to administer such oath) But shall also returne the same so certified vnto the Court or Office from whence processe vpon such Information, suite, or other Action did issue, whereupon the sayd Licence was granted; And shall likewise giue notice thereof by writing vnder his the said Informers hand vnto Our said Receiuers or their deputies or some of them, to the end that they or some of them may be there present to receiue the moyetie or other part of the Forfeiture by Our sayd Lawes and Statutes limited and appointed to Vs, or otherwise procure a Fine to be set for Vs, or processe awarded against the de­fendants ad satisfaciendum Finem.

And for the better discouering of any Fraud, abuse, delay, or concealement, and finding out of the sayd Fines, Forfeitures, Compositions, Verdicts, Iudgements, Executions, summe and summes of money which are or hereafter during the terme aforesayd shall be due, payable, or an­swerable vnto Vs, Our Heires, and Successors, for any the causes before mentioned, We doe here­by will, ordaine, Command, authorize, and appoint that Our said Receiuer and Receiuers, and their and euery of their Deputie or Deputies, shall and may at all times hereafter haue accesse vnto, and view, peruse, search, and examine all and euery the Records, Proces, Files, Informations, En­tries, Bookes, Estreates, and Rolles whatsoeuer remaining, or which shall remaine in any of Our sayd Courts or places of Iustice, or Iudicature afore-sayd, or in any other Court or Courts whatsoeuer within this Our Realme of England and Dominion of Wales, hauing power to heare and determine, and before whom such suites may lawfully be brought, or in the custodie of any the Of­ficers or Ministers of the same Courts; and shall or may at the will and pleasure of them Our said Receiuers or their deputies make and take notes and Copies thereof, without any Fee to bee payd for the same: To which end, and for the greater ease of Our sayd Receiuers, and their deputies; Our Will and Pleasure is, and Wee doe hereby expresly charge and command the Clerke of our Crowne in Our Bench at Westminster for the time being, the Custos Brevium in Our Court of Com­mon Pleas, the Prothonotaries of the same Court, the Remembrancer of Our Court of Exche­quer, and the Master Clerks, and other Officers of the Court of Pleas there for the time being, the Clerks of Assize, and Clerks of the Peace in their seuerall Counties, Courts, and circuits, the Clerks of all Cities, and Townes corporate within this Realme and the Dominions thereof for the time being, and which hereafter shall be, and euery of them, and all other Officers and Mini­sters of the sayd seuerall Courts and places aforesayd; And all and euery the Officers and Mini­sters of Vs, Our Heires and Successors, whom it shall or may concerne throughout this Our Realme of England and Dominion of Wales, That from henceforth there be in euery the sayd seue­rall Courts a certaine place appointed, and therein a publique Booke of Register or Entrie exact­ly kept, In which, all and euery the Informations, Bills, Plaints, Suits, Actions, Pre­sentments, Licences, Compositions, Verdicts, Iudgements, and other proceedings which now are, or hereafter shall be exhibited or preferred, had, made, assessed, adiudged, or recouered in any of the said seuerall Courts, Places, or Counties aforesaid by any Informer or other prosecutor, person or persons whatsoeuer vpon the sayd Lawes or Statutes, shall be distinctly entred and registred; and also all, and euery Recognizance and Recognizances which shall be giuen or entred into, ac­knowledged and taken to Our vse, grounded vpon the said Lawes or Statutes.

And to the end Our said Receiuers or their Deputies may the better execute and exercise the sayd Office, and receiue and bring into the Coffers of Vs, our Heires and Successors, the summes of mo­ney, Fines, Forfeitures, Compositions, and other the duties before mentioned; Our Will and Pleasure is, that the chiefe Iustices, and other the Iustices of both our Benches at Westmin­ster, for the time being, and all and singular the Officers and Ministers of the same Courts, for the time being, and all and singular Iustices of Assize, and Iustices of the Peace, Clerks of As­size, and Clerks of the Peace, Clerks of Cities and Townes corporate, and all other Officers whatsoeuer, whom it shall, or may concerne, to cause all and euery the foresayd Fines, Forfeitures, Amerciaments, Compositions, and other the premisses which shall bee had, made, set, stricken, assessed, compounded, adiudged, or otherwise happen in any of Our Courts, or other places of Iu­stice, with, or before them, or any of them respectiuely from time to time, at all times hereafter, at least once in euery of the foure seuerall Termes of the yeere, or within ten dayes next after the end of euery the sayd foure Termes, to be estreated into Our Court of Exchequer, and a Duplicate or Copie thereof likewise giuen to Our sayd Receiuers, their Deputies, or some of them, to the end that processe may from thence issue for the leuying of the sayd Fines and Forfeitures, as for the leuying of other Our Fines and Amerciaments are vsuall. Willing, requiring, and commanding the Treasurer, Chancellor, Vnder-treasurer, and Barons of our sayd Court of Exchequer, and o­ther the Officers and Ministers of the sayd Court for the time being, to whom it shall appertaine, to award and make forth, or cause to be awarded and made forth of the sayd Court, according to the course there vsed, such, and so many Commissions, Writs, and other Processe, as shall be thought fit, and shall be required by Our sayd Receiuers or their deputies, or any of them, for the more spee­die leuying, collecting, and getting in of the Fines, Forfeitures, and premisses; and vpon request of Our sayd Receiuers or their Deputies, to bee furthering, ayding, and assisting vnto them in the do­ing and executing of Our Will and Pleasure expressed in Our sayd Letters Patents, and that as­well they, as all other the Iudges, Iustices, and Officers in their seuerall Courts, and accor­ding to their seuerall duties and places, do make, set downe, and publish, such and so many other and further Acts, Orders and Ordinances for the reducing of Informers, Attorneyes, Clerks, Vnder­sheriffes, Bayliffes, and other inferiour Officers, and Ministers whom it shall, or may concerne, to the iust and due obseruance and performance of the premisses, as they in their wisedomes shall thinke fit.

And Wee doe further hereby Will and Command, all and euery Sheriffe and Sheriffes, and their Vnder-sheriffes, and other persons whatsoeuer, to whose hands any the summe and summes of money, or other duties of the nature aforesaid, or any part thereof shall come, and all, and euery Defendant and Defendants in any the Suites before mentioned, from time to time, to deliuer and pay to Our said Receiuers, or their Deputie or Deputies, all and euery such summe and summes of money, by them or any of them to Vs now due and owing, or hereafter, during the terme aforesaid, to be due and owing to Vs, Our Heires and Successours, for any the causes, or matters before men­tioned, taking onely an Acquittance, or Receipt, vnder the hand and Seale of the said Receiuer or Receiuers, his, or their Deputie or Deputies, or one of them for the same, which shall be vnto them and euery of them, a sufficient discharge in that behalfe.

And for the better ease and reliefe of such Our Subiects, who in respect of their great pouertie, are not able to satisfie and pay vnto Vs, Our Heires and Successours, the whole summe, or penaltie to Vs forfeited, and adiudged by Our said Lawes, by reason of the premisses: Our will and plea­sure is, that vpon Certificate vnder the hands and Seales of sixe, or more of the principall and chiefe men of the Parish where the said Delinquents shall dwell, (the Parson, or Minister there to be one,) of the pouertie of the said Delinquents, any two or more of the Iudges, Iustices, Ba­rons of Our Exchequer, and other Officers (whereof the Lord chiefe Baron, or Our Attorney Generall for the time being to be one, and some one of the Iudges or Iustices, before whom such Information, Suit, or other Action was, or shall be tryed, to be another) may upon sight of such Certificate of their pouerty, as in the sayd Letters Patents is expressed, deliuered them by Our sayd Officers or their Deputies, abate and mitigate the extremitie of such their Forfeitures so by the ri­gour of Our Lawes adiudged, or to be adiudged against them, by vertue of the sayd Verdicts, Iudgements, or Executions, as they in their discretions shall thinke fit; And after payment made to Our Receiuers of what shall be thought fit to be leuied according to the sayd mitigation, to dis­charge the sayd Defendants, by Iudgement or otherwise, against Vs, Our Heires and Successors, touching and concerning the Premisses.

And whereas diuers Cities, and townes Corporate within this Realme of England, and Domi­nion of Wales, pretending right, as from their auncient Charters, vnto the said Fines, Forfeitures, and other the Premisses, haue leuied and collected the same to their proper vse: By which Charters, neuerthelesse, they haue no right at all to any such Fines, and Forfeitures, and that some of the said Corporations are willing to submit themselues to make Fine to Vs, for all such profits and summes of money of the nature aforesaid, so receiued by them, and that other Cities doe as yet forbeare to make any submission, or satisfaction to Vs:

Our will and pleasure is, that according to the power granted by Our said letters Patents, Our said Receiuers, or their authorized Deputies, with the approbation and allowance of the Barons of Our Exchequer, and Our Attorney generall for the time being, or any two of them, (whereof, the Lord chiefe Baron, or Attorney generall for the time being to bee alwayes one,) may call before them the Maiors, Sherieffes, Recorders, Aldermen, Baylieffes and other such chiefe officers of the said Cities, and townes Corporate, and may admit to composition, all such as are willing to submit themselues thereunto, for all the Fines, Forfeitures, and summes of mo­ney of the nature aforesaid, by them, or any of them heretofore leuied or receiued, of, for, or concer­ning the premisses, and thereupon to giue such sufficient exoneration and lawfull discharge, of, and for the same, as shall bee by them thought fit and requisite; And for such as doe, or shall refuse to accept of this Our royall clemencie, to proceede against them, according to Iustice, and the Lawes of this Our Realme.

Lastly, Wee will, and doe hereby publish Our Royall Commandement to bee, that all, and euery Our Subiects of this Our Realme of England, and Dominion of Wales, doe take notice of the premisses, and doe performe and execute Our pleasure herein declared, as they and euery of them, will auoide the censure of wilfull contemners of Our Royall Commands, and such punish­ments as by the Lawes, or Statutes of this Realme, or otherwise may be inflicted vpon them in that behalfe.


God saue the King.

❧ Imprinted at London by Robert Barker, Printer to the Kings most Excellent Maiestie: And by the Assignes of IOHN BILL. 1635.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal licence. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.