C R dieu ET MON DROIT. HONI SOIT QVI MAL Y PENSE English royal blazon surmounted by a crown and flanked by the English lion and Tudor rose on one side and the Scottish unicorn and thistle on the other ❧ By the King. ❧ A Proclamation for prevention of abuses of Informers, Clerkes, and others in their prosecutions vpon the laws, and Statutes of this realm. WHereas for the more due execution of the laws, and Statutes of this realm, and the better to reform the abuses of Common Informers in their unjust prosecutions, and vexations of Our Subiects: Wee by Our Letters Patents under Our great seal of England, bearing date at Westminster the twentieth day of February, in the fift year of Our reign, vpon due consideration did ratify and confirm the Office of receiver, and collector of Fines, and Forfeitures due vpon penal laws, formerly erected by Our late deere Father of blessed memory, in the eighteen year of his reign; and thereunto We united and annexed the surveying, registering, Collection, and Receipt of Fines, and Forfeitures, for transgressing the Common Law of this realm, or any branch thereof, and of all, and every recognisance, or recognisances thereupon grounded, which were, or should be forfeited to Our use in any Our Courts of Iustice, and judicature, within this Our realm of England, and Dominion of Wales; and of all sums of Money, which were, or should bee to us, Our Heires and Successors, due, or growing by reason of any Information, Bill, Plaint, svit, Action, Presentment, Composition, Verdict, Iudgement, Execution, or other proceeding commenced, or to be commenced and prosecuted, either by Our Attorney general for the time being, or by any common Informer, or other prosecutour, person, or persons whatsoever, against any offeder, or defendant for transgressing the said laws and Premises, or any of them, or by reason of any recognisance as aforesaid; Sithence, the one and thirtieth year of the reign of Our late royal predecessor queen Elizabeth,( excepting the registering of all suits, Plaints, and Informations, and the collecting of all Fines, and Forfeitures due, or to be due by any sentence of Our Court of star-chamber, or by any Iudgement, Sentence, or Decree in either of Our courts holden, or to bee holden before the Lord President and council, in Our principality and Marches of Wales, or before the Lord President and council, in the North parts of this Our realm, or in any Court Leet, or courts Leets, and of all Fines, and Forfeitures for custom causes, and touching Our settled revenue, and of all other Fines, and Forfeitures, whereof the registering, Collection, and Receipt was by any letters Patents under the great seal of England granted to any other person, or persons, before the fifteenth day of October, in the eighteen year of the reign 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 unto Our trusty and well-beloved seruants james Chambers doctor of physic, one of Our Physitians for Our Person in ordinary, and Edward brawn Esquire, one of Our Gentlemen Sewers in ordinary, for term of their lives, and the longest liver of them, to be exercised, and executed by himself, or themselves, or by his, or their sufficient deputy, or deputies, as therein more at large it doth, and may appear. Now forasmuch, as notwithstanding the several provisions expressed in Our said letters Patents, and several directions sithence given by us in pursuance thereof, for preventing of great fraudes, and abuses committed by the subtle practices of common Informers, combining with under Clerkes, and other inferior officers their confederates, in their prosecutions vpon the said laws, and premises; the same continue still more and more practised, to Our great prejudice, the contempt of Our laws, and abuse of Our Subiects, and to the onely private gain of them the said Informers, Clerkes, and other such inferior persons and officers: We therefore, for the better prevention of all such fraudes, and practices in time to come, and for the better settling, and ordering of the said Office, and performance of Our service therein to be done by Our said officers; And to the intent Our royal will and pleasure, and provisions in Our said letters Patents, concerning the premises, may be the more publicly known and duly observed; Haue thought fit by this Our Proclamation to give public notice thereof, to all Our officers, and loving Subiects, especially those whom it doth, or may concern; That they nor any of them may pretend ignorance, if at any time hereafter they shall violate, or transgress the same: Which We do hereby straightly charge, and command them, and every of them, carefully to observe, under pain of Our high displeasure, and such punishments, as by the laws of this Our realm, or Our prerogative royal may be inflicted vpon them forsuch their contempt. And first, for the better and more certain knowledge of the proceedings of Informers, and of what thereby shall accrue unto us, and to prevent their secret practices; We do hereby straightly charge and Command, that every Informer and other prosecutour, person, and persons whatsoever, that shall at any time hereafter exhibit or prefer any Information, Bill, Plaint, Suite, Action, or Presentment, in any Our courts, or places of Iustice within this Our realm of England, and Dominion of Wales,( Except the Courts and places before excepted) vpon any penal Law, or Statute, or for transgressing the Common Law of this realm, or any branch or member thereof, wherein We shall be interested, shall before he take out any Writ, or process against any Defendant, for appearance to his Suite, deliver a brief and perfect Note, or copy of every such Information, Bill, Plaint, Suite, Action, and Presentment to Our said receivers, their Deputies, or some of them, either at their public Office kept for that purpose, in, or near Our city of London, for such as shall be exhibited, and prosecuted, in Our courts of Record at Westminster, and other Our Courts of Iustice, in, or near Our city of London, and places thereunto adjoining, or to their particular Deputies attending in the several Counties, and places aforesaid, for such as shall be there preferred, and prosecuted; To the intent that an entry 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 clerk, or Clerkes whatsoever, whether belonging to any the said High courts of Iustice at Westminster, or to any other inferior Court or Courts as aforesaid, or to any town Corporate, Borough town, or other place within this Our realm of England, and principality aforesaid, having authority to Issue forth any such Writ, or process, shall Issue forth any such against any Defendant, at the Suite of any Informer, or other Prosecutor, vpon any the foresaid laws, or Statutes, until it shall bee made appear unto such clerk, Attorney, Officer, or other person, by some Note, or Writing under the hand, or hands of Our said receivers, or his, or their deputy, or Deputies, or some of them, That they Our said receivers, or their Deputies, or some of them, haue had sufficient notice of every such Information, Suite, Action, or Plaint, together with the names, and places of the abode of the parties both plaintiff, and defendant. And Our further Will and Pleasure is, and We do 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, strike, or Assessed to us for the same; and every Officer, Attorney, and clerk 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 every of them respectively from time to time at all times hereafter, by writing under his, or their hand, or otherwise give true, certain, and sufficient notice, and knowledge thereof, to Our said receivers, 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 general for the time being, to bee by them, or any of them Signed, Granted, strike, Set, or Assessed respectively 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 plaintiffs, and Defendants, may be the more duly had, made, and entred by Our said receivers, or their Deputies for Our service, according to the true meaning of Our said letters Patents: But also that they Our said receivers, or their Deputies, or some of them, may be attendant on the said Iudges, Iustices and Barons, or vpon Our Attorney general at the rating, setting, striking, or assessing of the said Fine or Fines, the better to inform them or any of them of the nature and quality of the Offence whereupon the said Fine is to be assessed, That thereby the said Fine may be by them Our said Iudges, Iustices, Barons, or Attorney general mitigated or increased, as the cause shall require and they shall think fit. And for the better performing of this our service, Our royal Will and Pleasure is, That the clerk of the crown 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 clerk 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 every Our Courts in the several Counties and circuits throughout this Our realm of England and Dominion of Wales; the Clerks of Cities and towns Corporate, and all other Officers and Ministers of the said several Courts, and all and every the Officers and Ministers of us, Our Heires and Successors whatsoever, whom it shall or may concern do take special notice of this Our royal Will and Pleasure in the premises, and in Our said Letters Patents more at large expressed. And that every Informer also, after Composition made with any defendant, and before he shall receive his money or any part thereof, or make any Acquittance or discharge for the same, shall not onely certify his Composition vpon oath before one of the Iudges or Iustices by whom such licence was granted and signed;( whom We haue by Our said Letters Patents authorised to administer such oath) But shall also return the same so certified unto the Court or Office from whence process vpon such Information, suite, or other Action did issue, whereupon the said Licence was granted; And shall likewise give notice thereof by writing under his the said Informers hand unto Our said receivers or their deputies or some of them, to the end that they or some of them may be there present to receive the moiety or other part of the Forfeiture by Our said laws and Statutes limited and appointed to us, or otherwise procure a Fine to be set for us, or process awarded against the defendants ad satisfaciendum Finem. And for the better discovering of any Fraud, abuse, delay, or concealment, and finding out of the said Fines, Forfeitures, Compositions, Verdicts, judgements, Executions, sum and sums of money which are or hereafter during the term aforesaid shall be due, payable, or answerable unto us, Our Heires, and Successors, for any the causes before mentioned, We do hereby will, ordain, Command, authorize, and appoint that Our said receiver and receivers, and their and every of their deputy or Deputies, shall and may at all times hereafter haue access unto, and view, peruse, search, and examine all and every the Records, process, Files, Informations, Entries, books, estreats, and rolls whatsoever remaining, or which shall remain in any of Our said Courts or places of Iustice, or judicature afore-sayd, or in any other Court or Courts whatsoever within this Our realm of England and Dominion of Wales, having power to hear and determine, and before whom such suits may lawfully be brought, or in the custody of any the Officers or Ministers of the same Courts; and shall or may at the will and pleasure of them Our said receivers or their deputies make and take notes and Copies thereof, without any Fee to bee paid for the same: To which end, and for the greater ease of Our said receivers, and their deputies; Our Will and Pleasure is, and Wee do hereby expressly charge and command the clerk of our crown 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 several Counties, Courts, and circuits, the Clerks of all Cities, and towns corporate within this realm and the Dominions thereof for the time being, and which hereafter shall be, and every of them, and all other Officers and Ministers of the said several Courts and places aforesaid; And all and every the Officers and Ministers of us, Our Heires and Successors, whom it shall or may concern throughout this Our realm of England and Dominion of Wales, That from henceforth there be in every the said several Courts a certain place appointed, and therein a public book of Register or entry exactly kept, In which, all and every the Informations, Bills, Plaints, Suits, Actions, Presentments, Licences, Compositions, Verdicts, judgements, and other proceedings which now are, or hereafter shall be exhibited or preferred, had, made, assessed, adiudged, or recovered in any of the said several Courts, Places, or Counties aforesaid by any Informer or other prosecutor, person or persons whatsoever vpon the said laws or Statutes, shall be distinctly entred and registered; and also all, and every recognisance and recognisances which shall be given or entred into, acknowledged and taken to Our use, grounded vpon the said laws or Statutes. And to the end Our said receivers or their Deputies may the better execute and exercise the said Office, and receive and bring into the Coffers of us, our Heires and Successors, the sums of money, Fines, Forfeitures, Compositions, and other the duties before mentioned; Our Will and Pleasure is, that the chief 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 towns corporate, and all other Officers whatsoever, whom it shall, or may concern, to cause all and every the foresaid Fines, Forfeitures, Amerciaments, Compositions, and other the premises which shall bee had, made, set, strike, assessed, compounded, adiudged, or otherwise happen in any of Our Courts, or other places of Iustice, with, or before them, or any of them respectively from time to time, at all times hereafter, at least once in every of the four several terms of the year, or within ten dayes next after the end of every the said four terms, to be estreated into Our Court of Exchequer, and a Duplicate or copy thereof likewise given to Our said receivers, their Deputies, or some of them, to the end that process may from thence issue for the levying of the said Fines and Forfeitures, as for the levying of other Our Fines and Amerciaments are usual. Willing, requiring, and commanding the Treasurer, Chancellor, under-treasurer, and Barons of our said Court of Exchequer, and other the Officers and Ministers of the said Court for the time being, to whom it shall appertain, to award and make forth, or cause to be awarded and made forth of the said Court, according to the course there used, such, and so many Commissions, Writs, and other process, as shall be thought fit, and shall be required by Our said receivers or their deputies, or any of them, for the more speedy levying, collecting, and getting in of the Fines, Forfeitures, and premises; and vpon request of Our said receivers or their Deputies, to bee furthering, aiding, and assisting unto them in the doing and executing of Our Will and Pleasure expressed in Our said Letters Patents, and that as well they, as all other the Iudges, Iustices, and Officers in their several Courts, and according to their several duties and places, do make, set down, and publish, such and so many other and further Acts, Orders and Ordinances for the reducing of Informers, attorneys, Clerks, undersheriffes, bailiffs, and other inferior Officers, and Ministers whom it shall, or may concern, to the just and due observance and performance of the premises, as they in their wisedoms shall think fit. And Wee do further hereby Will and Command, all and every sheriff and Sheriffes, and their Vnder-sheriffes, and other persons whatsoever, to whose hands any the sum and sums of money, or other duties of the nature aforesaid, or any part thereof shall come, and all, and every Defendant and Defendants in any the suits before mentioned, from time to time, to deliver and pay to Our said receivers, or their deputy or Deputies, all and every such sum and sums of money, by them or any of them to us now due and owing, or hereafter, during the term aforesaid, to be due and owing to us, Our Heires and successors, for any the causes, or matters before mentioned, taking onely an Acquittance, or Receipt, under the hand and seal of the said receiver or receivers, his, or their deputy or Deputies, or one of them for the same, which shall be unto them and every of them, a sufficient discharge in that behalf. And for the better ease and relief of such Our Subiects, who in respect of their great poverty, are not able to satisfy and pay unto us, Our Heires and successors, the whole sum, or penalty to us forfeited, and adiudged by Our said laws, by reason of the premises: Our will and pleasure is, that vpon Certificate under the hands and seals of six, or more of the principal and chief men of the Parish where the said Delinquents shall dwell,( the person, or Minister there to be one,) of the poverty of the said Delinquents, any two or more of the Iudges, Iustices, Barons of Our Exchequer, and other Officers( whereof the Lord chief Baron, or Our Attorney general for the time being to be one, and some one of the Iudges or Iustices, before whom such Information, svit, or other Action was, or shall be tried, to be another) may upon sight of such Certificate of their poverty, as in the said Letters Patents is expressed, delivered them by Our said Officers or their Deputies, abate and mitigate the extremity of such their Forfeitures so by the rigour of Our laws adiudged, or to be adiudged against them, by virtue of the said Verdicts, judgements, or Executions, as they in their discretions shall think fit; And after payment made to Our receivers of what shall be thought fit to be levied according to the said mitigation, to discharge the said Defendants, by Iudgement or otherwise, against us, Our Heires and Successors, touching and concerning the premises. And whereas diuers Cities, and towns Corporate within this realm of England, and Dominion of Wales, pretending right, as from their ancient Charters, unto the said Fines, Forfeitures, and other the premises, haue levied and collected the same to their proper use: By which Charters, nevertheless, they haue no right at all to any such Fines, and Forfeitures, and that some of the said Corporations are willing to submit themselves to make Fine to us, for all such profits and sums of money of the nature aforesaid, so received by them, and that other Cities do as yet forbear to make any submission, or satisfaction to us: Our will and pleasure is, that according to the power granted by Our said letters Patents, Our said receivers, or their authorised Deputies, with the approbation and allowance of the Barons of Our Exchequer, and Our Attorney general for the time being, or any two of them,( whereof, the Lord chief Baron, or Attorney general for the time being to bee always one,) may call before them the Maiors, Sherieffes, Recorders, Aldermen, Baylieffes and other such chief officers of the said Cities, and towns Corporate, and may admit to composition, all such as are willing to submit themselves thereunto, for all the Fines, Forfeitures, and sums of money of the nature aforesaid, by them, or any of them heretofore levied or received, of, for, or concerning the premises, and thereupon to give such sufficient exoneration and lawful discharge, of, and for the same, as shall bee by them thought fit and requisite; And for such as do, or shall refuse to accept of this Our royal clemency, to proceed against them, according to Iustice, and the laws of this Our realm. Lastly, Wee will, and do hereby publish Our royal Commandement to bee, that all, and every Our Subiects of this Our realm of England, and Dominion of Wales, do take notice of the premises, and do perform and execute Our pleasure herein declared, as they and every of them, will avoid the censure of wilful contemners of Our royal Commands, and such punishments as by the laws, or Statutes of this realm, or otherwise may be inflicted vpon them in that behalf. given at Our Court at Windsor, the sixth day of September, in the eleventh year of Our reign of Great britain, France, and Ireland. God save the King. ❧ Imprinted at London by Robert Barker, Printer to the Kings most Excellent majesty: And by the assigns of John BILL. 1635.