Concerning the King's benefit, which may grow by a moderate prosecution of some penal laws. The abuses or inconveni ences. 1. After an information is exhibited and answered, for so the statute requires, the informer for the most part groweth to composition with the defendant; which he cannot do without peril of the statute, except he have licence from the court, which licence he ought to return by order and course of the court, together with a declaration upon his oath of the true sum that he takes for the composition. Upon which licence so returned, the court is to tax a fine for the king. This ought to be, but as it is now used, the licence is seldom returned. And although it contain a clause that the licence shall be void, if it be not duly returned; yet the manner is to suggest that they are still in terms of composition, and so to obtain new days, and to linger it on till a parliament and a pardon come. Also, when the licence is returned, and thereupon the judge or baron to sesse VOL. III. Have The remedies. 1. The officer in this point is to perform his greatest service to the king, in soliciting for the kingin such sort as licences be duly returned, the deceits of these fraudulent compositions discovered, and fines may be set for the king in some good proportion, having respect to the values both of the matter and the person: for the king's fines are not to be delivered, as moneys given by the party, ad redimendam vexationem, but as moneys given ad redimen dam culpam et pœnam legis; and ought to be in such quantity, as may not make the laws altogether trampled down and contemned. Therefore the officer ought first to be made acquainted with every licence, that he may have an eye to the sequel of it: then ought he to be the person that ought to prefer unto the judges or barons, as well the bills for the taxations of the fines, as the orders for giving further days, to the A A a fine; there is none for the king to inform them of the nature of the offence; of the value to grow to the king if the suit prevail; of the ability of the person, and the like. By reason whereof, the fine that is set is but a trifle, as 20, 30, or 40s. and it runs in a form likewise which I do not well like: for it is ut parcatur misis, which purporteth, as if the party did not any way submit himself, and take the composition as of grace of the court, but as if he did justify himself, and were content to give a trifle to avoid charge. Which point of form hath a shrewd consequence for it is some ground that the fine is set too weak. And as for the informer's oath touching his composition, which is commonly a trifle, and is the other ground of the smallness of the fine, it is no doubt taken with an equivocation as taking such a sum in name of a composition, and some greater matter by some indirect or collateral mean. Also, these fines, light as they be, are seldom answered and put in process. end that the court may be duly informed both of the weight of causes, and the delays therein used; and lastly, he is to see that the fines sessed be duly put in process, and answered. 2. Aninformation goeth on to trial, and passeth for the king. In this case of recovery, the informer will be satisfied, and will take his whole moiety, for that he accounts to be no composition that done, none will be at charge to return the postea, and to procure judgment and execution for the king. For the informer hath that he sought for, the clerks will do nothing without fees paid, which there being no man to prosecute, there can be no man likewise to pay; and so the king loseth his moiety, when his title appears by verdict. 3. It falleth out sometimes in informations of weight, and worthy to be prosecuted, the informer dieth, or falls to poverty, or his mouth is stopped, and yet so as no man can charge him with composition, and so the matter dieth. 4. There be sundry seizures made, in case where the laws give seizures, which are released by agreements underhand, and so money wrested from the subject, and no benefit to the king. 4. The officer is to take knowledge of such seizures, and to give information to the court concerning them. This is of more difficulty, because seizures are matter in fact, whereas suits All seizures once made are matter of record: and ought not to be discharged, it may require more per but by order of the court, and therefore some entry ought to be made of them. sons to be employed, as at the ports, where is much abuse. THERE be other points wherein the officer may be of good use, which may be comprehended in his grant or instructions, wherewith I will not now trouble your majesty, for I hold these to be the principal. Thus have I, according to your majesty's reference, certified my opinion of that part of Sir Stephen Proctor's projects, which concerneth penal laws: which I do wholly and most humbly submit to your majesty's high wisdom and judgment, wishing withal that some conference may be had by Mr. Chancellor and the barons and the rest of the learned counsel, to draw the service to a better perfection. And most specially that the travels therein taken may be considered and discerned of by the lord Treasurer, whose care and capacity is such, as he doth always either find or choose that which is best for your majesty's service. The recompence unto the gentleman, it is not my part to presume to touch, otherwise than to put your majesty in remembrance of that proportion, which your majesty is pleased to give to others out of the profits they bring in, and perhaps with a great deal less labour and charge. A SPEECH USED TO THE KING BY HIS MAJESTY'S SOLICITOR, Being chosen by the COMMONS as their Mouth and Messenger, for the presenting to his Majesty the Instrument or Writing of THEIR GRIEVANCES. In the Parliament 7 JACOBI. Most gracious Sovereign, THE knights, citizens, and burgesses assembled in parliament, in the house of your commons, in all humbleness do exhibit and present unto your most sacred majesty, in their own words, though by my hand, their petitions and grievances. They are here conceived and set down in writing, according to ancient custom of parliament: they are also prefaced according to the manner and taste of these later times. Therefore for me to make any additional preface, were neither warranted nor convenient; especially speaking before a king, the exactness of whose judgment ought to scatter and chase away all unnecessary speech as the sun doth a vapour. This only I must say; since this session of parliament we have seen your glory in the solemnity of the creation of this most noble prince; we have heard your wisdom in sundry excellent speeches which you have delivered amongst us; now we hope to find and feel the effects of your goodness, in your gracious answer to these our petitions. For this we are persuaded, that the attribute which was given by one of the wisest writers to two of the best emperors, Divus Nerva et divus Trajanus, so saith |