A CERTIFICATE TO HIS MAJESTY, TOUCHING THE PROJECTS or SIR STEPHEN PROCTOR, RELATING TO THE PENAL LAWS. It may please your sacred Majesty, WITH the first free time from your majesty's service of more present dispatch, I have perused the projects of Sir Stephen Proctor, and do find it a collection of extreme diligence and inquisition, and more than I thought could have met in one man's knowledge. For though it be an easy matter to run over many offices and professions, and to note in them general abuses or deceits; yet, nevertheless, to point at and trace out the particular and covert practices, shifts, devices, tricks, and, as it were, stratagems in the meaner sort of the ministers of justice or public service, and to do it truly and understandingly, is a discovery whereof great good use may be made for your majesty's service and good of your people. But because this work, I doubt not, hath been to the gentleman the work of years, whereas my certificate must be the work but of hours or days, and that it is commonly and truly said, that he that embraceth much, straineth and holdeth the less, and that propositions have wings, but operation and execution have leaden feet; I inost humbly desire pardon of your majesty, if I do for the present only select some one or two principal points, and certify my opinion thereof; reserving the rest as a sheaf by me to draw out, at further time, further matter for your majesty's information for so much as I shall conceive to be fit or worthy the consideration. For that part, therefore, of these projects which concerneth penal laws, I do find the purpose and scope to be, not to press a greater rigour or severity in the execution of penal laws; but to repress the abuses in common informers, and some clerks and under-ministers, that for common gain partake with them: for if it had tended to the other point, I for my part should be very far from advising your majesty to give ear unto it. For as it is said in the psalm, If thou, Lord, should be extreme to mark what is done amiss, who may abide it? So it is most certain, that your people is so ensnared in a multitude of penal laws, that the execution of them cannot be borne. And as it followeth; But with thee is mercy, that thou mayest be feared: so it is an intermixture of mercy and justice that will bring you fear and obedience: for too much rigour makes people desperate. And therefore to leave this, which was the only blemish of king Henry VII.'s reign, and the unfortunate service of Empson and Dudley, whom the people's curses, rather than any law, brought to overthrow; the other work is a work not only of profit to your majesty, but of piety towards your people. For if it be true in any proportion, that within these five years of your majesty's happy reign, there hath not five hundred pounds benefit come to your majesty by penal laws, the fines of the Star-chamber, which are of a higher kind, only excepted, and yet, nevertheless, there hath been a charge of at least fifty thousand pounds, which hath been laid upon your people, it were more than time it received a remedy. This remedy hath been sought by divers statutes, as principally by a statute in 18, and another of 31, of the late queen of happy memory. But I am of opinion that the appointing of an officer proper for that purpose, will do more good than twenty statutes, and will do that good effectually, which these statutes aim at intentionally, And this I do allow of the better, because it is none of those new superintendencies, which I see many times offered upon pretence of reformation, as if judges did not their duty, or ancient and sworn officers did not their duty and the like: but it is only to set a custos or watchman, neither over judges nor clerks, but only over a kind of people that cannot be sufficiently watched or overlooked, and that is, the common promoters or informers: the very awe and noise whereof will do much good, and the practice much more. I will therefore set down first, what is the abuse or inconvenience, and then what is the remedy which may be expected from the industry of this officer. And I will divide it into two parts, the one, for that that may concern the ease of your people, for with that will I crave leave to begin, as knowing it to be principal in your majesty's intention, and the other for that, that may concern your majesty's benefit. Concerning the ease of his Majesty's subjects, polled and vexed by common informers.or The abuses or inconveniencies. 1. An informer exhibits an information, and in that one information he will put an hundred several subjects of this information. Every one shall take out copies, and every one shall put in his several answer. This will cost perhaps an hundred marks: that done, no further proceeding. But the clerks have their fees, and the informer hath his dividend for bringing the water to the mill. It is to be noted, that this vexation is not met The remedies by the industry of the officer. 1. The officer by his diligence finding this case, is to inform the court thereof, who thereupon may grant good costs against the informer, to every of the subjects vexed: and withal not suffer the same informer to revive his information against any of them; and lastly, fine him, as for a misdemeanor and abuse of justice: and by that time a few of such examples be made, they will be soon weary of that practice. 77 with by any statute. For it is no composition, but a discontinuance; and in that case there is no penalty, but costs: and the poor subject will never sue for his costs, lest it awake the informer to revive his information, and so it escapeth clearly. 2. Informers receive pensions of divers persons to forbear them. And this is commonly of principal offenders, and of the wealthiest sort of tradesmen. For if one tradesman may presume to break the law, and another not, he will be soon richer than his fellows. As for example, if one draper may use tenters, because he is in fee with an informer, and others not, he will soon outstrip the good tradesman that keeps the law. And if it be thought strange that any man should seek his peace by one informer, when he lieth open to all, the experience is otherwise: for one informer will bear with the friend of another, looking for the like mea sure. And besides, they have devices to get priority of information, and to put in an information de bene 2. This is an abuse that appeareth not by any proceeding in court, because it is before suit commenced, and therefore requireth a particular enquiry. But when it shall be the care and cogitation of one man to overlook informers, these things are easily discovered: for let him but look who they be that the informer calls in question, and hearken who are of the same trade in the same place and are spared, and it will be easy to trace a bargain. In this case, having discovered the abuse, he ought to inform the barons of the exchequer, and the king's learned counsel, that by the Star-chamber, or otherwise, such taxers of the king's subjects may be punished. esse, to prevent others, and to protect their pensioners. And if it be said this is a pillory matter to the informer, and therefore he will not attempt it; although therein the statute is a little doubtful: yet if hanging will not keep thieves from stealing, it is not pillory will keep informers from polling. And herein Sir Stephen addeth a notable circumstance that they will peruse a trade, as of brewers or victuallers, and if any stand out, and will not be in fee, they will find means to have a dozen informations come upon him at once. 3. The subject is often for the same offence vexed by several informations: sometimes the one informer not knowing of the other; and often by confederacy, to weary the party with charge: upon every of which goeth process, and of every of them he must take copies, and make answers, and so re lieve himself by motion of the court if he can; all which multiplieth charge and trouble. 3. The officer keeping a book of all the informations put in, with a brief note of the matter, may be made acquainted with all informations to come in: and if he find a precedent for the same cause, he may inform some of the barons, that by their order the receiving of the latter may be stayed without any charge to the party at all; so as it appear by the due prosecution of the former, that it is not a suit by collusion to protect the party. |