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A46198 Whereas we are highly sensible of the many and great inconveniences, which His Majesties good subjects in this kingdome are too frequently brought under by the multitude of causeless presentments and indictments, which are usually prosecuted at the assizes and sessions, rather out of malice or revenge than for the furtherance of justice ... by the Lord Lieutenant and Council, Jo. Berkeley. Ireland. Lord Lieutenant (1670-1672 : Berkeley); Berkeley, John, Sir, d. 1678. 1670 (1670) Wing I957; ESTC R213860 5,508 4

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BY THE LORD LIEUTENANT AND COUNCIL Jo. BERKELEY WHEREAS we are highly sensible of the many and great inconveniences which His Majesties good Subjects in this Kingdome are too frequently brought under by the multitude of causeless presentments and Indictments which are usually prosecuted at the Assizes and Sessions rather out of malice or revenge than for the furtherance of justice as also by the immoderate exaction of Fees in Clerks of the Crown Clerks of the peace Sheriffs and Gaolers which do not onely disturb the peace and quiet of this Kingdome by the continual creating of animosities and vexations but do also very much impoverish and disable the Subjects by exposing them to unnecessary and excessive charges For the preventing and remedying of which mischiefs we have thought fit and accordingly do by this our Proclamation direct and require His Majesties Judges in their respective Circuits and also His Majesties justices of peace in their respective Counties that they do take care at the respective Assizes and Sessions hereafter to be held that no Grand jury shall offer nor any Clerk of the Crown or Clerk of the peace shall receive any indictment except for Felony or Treason or any presentment hereafter to be made without the name of the prosecutor with the addition of his quality and place of abode thereunto annexed to the end that if upon tryal it shall appeare to the Court that the said indictment or presentment was malicious the said prosecutor may be punished according to Law for such prosecution And whereas the ascertaining and publishing of the Fees of the above named Officers may tend much to the ease and quiet of His Majesties Subjects and to the preventing of all undue exactions upon them We have thought fit herewith to publish the establishment made of Fees due to the said Officers in the time of the Lord Uice-count Grandisons Government in this Kingdome and hereunder mentioned which Establishment We do strictly require to be observed and that the same be affixed in some publick place at every Assizes and quarter Sessions and that no Clerke of the Crown Clerke of the peace Sheriff or Gaoler under the pain and penalty of extortion do take other or greater Fees than are therein Established except onely in such cases where by any Statute other Fees are allowed to the said Officers And whereas there hath been a Fee of Ten shillings usually taken by His Majesties Justices of Assize upon the tender of any Travers to such Indictments or Presentments as have been found before them which doth occasion an increase of charge to His Majesties Subjects who are often found innocent upon their Tryals and doth hinder many persons from traversing such Indictments and Presentments as are causelesly prosecuted against them the charge of being acquitted upon such traverses being commonly so great that it is usually more easy to submit to a small fine for such offences whereof they are really not guilty than to traverse such Indictments And we having conferred with His Majesties Judges herein they have freely and unanimously offered for the further ease of His Majesties Subjects to remit the said Fee of Ten shillings which hath been formerly taken by them upon the tendering of such traverses whereof we have thought fit to give this publick notice to all persons who shall be hereafter concerned therein And whereas we are informed that the Offices of Clerke of the Crown and Clerke of the peace are often let to Farme in several Counties of this Kingdome which is not onely illegal but also very inconvenient and by reason thereof the execution of the said offices is often committed to insufficient persons Indictments and Presentments are multiplyed and undue Fees are exacted We have thought fit hereby to require His Majesties Judges of Assize and Justices of the peace of the respective Counties of this Kingdome to take care that none of the said offices be let to farme or executed by any persons who do farme the same but that the same be executed either by the respective Patentees of the said Offices or by such able and sufficient sworne Deputies as shall be approved and allowed of by the said judges and justices And in all cases where it shall appear to the said judges or justices that any Indictments or Presentments are malitiously prosecuted before them they are hereby required to proceed with all the severity that the law will admit against such prosecutors and also to certifie unto Us the names of such persons who shall so malitiously prosecute any such Presentments or Indictments to the end they may be proceeded against and punished as disturbers of the publick peace of this Kingdome And the said judges and justices are also from time to time to certifie unto Us the names of such Clerks of the Crown and Clerks of the Peace as shall continue contrary to this our Proclamation to let to Farme their said Offices or shall neglect or refuse to execute their said Offices themselves or by such able and sufficient Deputies as by the said Judges and Justices shall be approved and allowed of And His Majesties Judges of Assize in the several Counties of their respective Circuits are to cause this Proclamation and the said Establishment of Fees to be openly read in the hearing of the Countrey at the publick Assizes in every County and the justices of the Peace in every County are to do the like at the Quarter-Sessions Given at the Council Chamber in Dublin the 22th day of June 1670. The Table of Fees Sheriffs Fees For all Capias at the Suite of the King for Trespass or Contempt as also for all Capias of Debt Trespass or Demand at the Suite of the Subject that the Sheriff shall have for every such Capias in causes as aforesaid viz. Twelve pence sterling For his Warrant Four pence For a Bond of bailement Four pence To the Bayliff that maketh the arest 4 d. For every summons or scire facias at the Suite of the party as well upon the original process as upon judicial Record Six pence For the return and copy of any pannel Four pence For returning a venire facias duodecem juratores Eight pence For returning a habeas corp Nine pence For a distringas jurator with a tales Sixteen pence For writs of Proclamations containing five persons or under for every Proclamation Three pence And if it contain more for every Proclamation Four pence F●r writs of execution for debts or damages for every pound sterling under fifty Twelve pence And if it exceed in every pound Six pence For an Inquisition to inquire for dammage or value of lands or goods Three shillings four pence For writs of Seisin or possession for all the lands contained in the writ Ten shillings And further consideration to be had of him by the Judges of the Court out of which the writ doth issue if they shall find his pains to deserve it   For writs of restitution of goods under the value