Page images
PDF
EPUB

and another not, he will be foone richer than his fellowes. As for example, if one Draper may use tenters, because he is in fee with an Informer, and others not, he will foon outftrip the good tradefman that keeps the law.

And if it be thought strange that any man should seek his peace by one Informer, when he lyeth open to all; the experience is otherwise: for one informer will beare with the friend of another, looking for the like measure. And befides they have devises to get priority of information, and to put in an information, de bene effe, to prevent others, and to protect their penfioners.

And if it be faid this is a pillory matter to the Informer, and therefore he will not attempt it; although therein the ftatute is a little doubtfull: yet if hanging will not keep thieves from ftealing, it is not pillory will keep Informers from polling.

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 fame trade in the same place and are fpared, and it will be easy to trace a bargain.

In this cafe, having difcovered the abuse, he ought to informe the Barons of the Exchequer, and the King's learned Counfel, that by the Star-chamber, or otherwife fuch taxers of the King's fubjects may be punished.

[blocks in formation]

one information, he wil an hundred feveral ful of this information. : one fhall take out c and every one shall I his feveral answer. will coft perhaps a hu marks that done, r ther proceeding. E Clerks have their fe the Informer hath h dend for bringing t ter to the mylne.

It is to be noted. this vexation is no: with by any statute. is no compofition, but. continuance; and in cafe there is no penalty, cofts: and the poor ful will never fue for his c leaft it awake the Infor to revive his informati and fo it scapeth clearly. 2. Informers receive pe fions of divers perfons forbear them. commonly of principal o fenders, and of the wealthi eft fort of tradefmen. fo. if one tradesman may prefume to breake the law,

And this

an

[ocr errors][merged small][merged small][ocr errors]

Game cher

Cores. As for -

ne Draper ters, because

with an Info

thers not, he

trip the goot

that keeps the =

And if it be th

that any man

his peace by on viïen he lyeth ar= e experience for one informer the frie www.ng for the And bendes

vie to get pr

formation, 2. information

to preven

protect the

[merged small][merged small][ocr errors]

King's benefit, which may oderate profecution of fome

conveni

ormation

do with

tatute, ex

nce from h licence rn by orhe Court, claration

The Remedies.

1. The Officer in this nfwered, point is to perform his requires) greateft fervice to the King, the most in folliciting for the King compofi- in fuch fort as licences be efendant: duely returned, the deceipts of thefe fraudulent compofitions discovered, and fynes may be fet for the King in fome good proportion, having refpect to the values both of the matter and the perfon: for the King's fines are not to be delivered, as moneys given by the party ad redimendam vexationem, but as moneys given, ad redimendam culpam & pœnam legis; and ought to be in fuch quantity, as may not make the lawes altoged ther trampled down and è contemned. Therefore the Officer ought first to be made acquainted with every licence,

the true 's for the

which !, the ne for

ut as

все

"

And herein Sir Stephen addeth a notable circumstance: that they will perufe a trade, as of Brewers or Victuallers, and if any ftand out, and will not be in fee, they will find means to have a dozen informations come upon him at

once.

3. The fubject is often for the fame offence vexed by feveral informations: fometimes the one Informer not knowing of the other; and often by confederacy to weary the party with charge: Upon every of which goeth procefs, and

of of them he must every

take copies, and make anfwers, and fo relieve himfelf by motion of the Court if he can; all which multiplieth charge and trou

ble.

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 finde a precedent for the fame caufe, he may inform fome of the Barons, that by their order the receiving of the later may be stayed without any charge to the party at all; fo as it appear by the due profecution of the former, that it is not a fuite by collufion to protect the party.

Concerning

Concerning the King's benefit, which may grow by a moderate profecution of fome penal lawes.

The Abufes or Inconveniencies.

1. After an information is exhibited and anfwered, (for fo the ftatute requires) the Informer for the moft part groweth to compofition 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 courfe of the Court, together with a declaration upon his oath of the true summe that he takes for the compofition. Upon which licence fo returned, the Court is to taxe a fyne for the King.

This ought to be, but as it is now used, the licence is feldom returned. And although it contain a claufe that the licence fhall be

void, if it be not duely returned;

The Remedies.

1. The Officer in this point is to perform his greateft fervice to the King, in folliciting for the King in fuch fort as licences be duely returned, the deceipts of thefe fraudulent compofitions difcovered, and fynes may be fet for the King in fome good proportion, having refpect to the values both of the matter and the perfon: for the King's fines are not to be delivered, as moneys given by the party ad redimendam vexationem, but as moneys given, ad redimendam culpam & pœnam legis; and ought to be in fuch quantity, as may not make the lawes altoge ther trampled down and contemned. The the Officer ough

made acquain

[ocr errors]
« PreviousContinue »