Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	repeal_v	4,000	5	12.1621	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57415	A whip for the marshalls court and their officers the petition of Robert Robins gent. to the House of Commons against the abuses practised in the marshalls court, and a discovery of the jurisdiction and priviledge of that court, with some of the particular greevances the subjects suffer under the pretended authority threof ... written for the releife and redresse of all that have, or hereafter shall be arrested or wronged there : with directions where to repaire for advice and assistance therein, and how and where to get restitution for the same / by Ro. Robins.	Robins, Robert.	1648 (1648)	Wing R1646A; ESTC R25102	18,763	31

the King commands Lodgings Bedding Candlestick Chamber-pot Bason and foure pence a day in all his Prisons to be given to the Prisoner otherwise the Prisoner for Debt which is an honest mans case or a Prisoner upon a commitment by a court of Iustice and commonly not deserved is in a worse and sadder condition and case then a Theefe or Fellon who is allowed so much and shall a poor Debtor or an imagined misdemeanor have no thing then the fellon is farre before a Debtor or misdemeanor in respect he is at every Sessions following his commitment except in some speciall cases either condemned to dy for his fact if proved or set at iiberty and the others must ly and starve by degrees a lingring death and one of the cruelest for hunger compelleth passion in a man and to attempt almost any thing even to kill himself to cry out against King and Kingdome for want of releefe and Justice yea sweare curse and blaspheeme their God the mother in such case to eate her owne Children as in Ierusalem to eate their owne Dunge their shoes their owne flesh and what not this is a pitifull punishment for nothing that a poore prisoner is forced to so horrible is a starving life till the grave cures yet Magna Charta doth not compell any to ly and dy in prison for debt or misdemeanor but otherwise provides reliefe and succour if it were put in execution And I never heard of any man hanged for debt and in my opinion it were better hang debtors then starve them A multitude of other just demands the poore prisoner is forced to pay or else to lye and starve as it is a usuall thing with Jaylors for prison sees be the parties never so poore and not one penny so demanded due to deteyne them in this kind and when he comes to Court to give bayle he must pay five shilings ten pence when there is but two pence due This is the nature of their proceedings in that Court by which meanes they pillage and rob the poore Countrey of at least two hundred thousand pound per annum amongst them all And to further dispute the Cause with them they pretend that the Court they now keepe is not the Marshalls Court but the Court of the Kings Palace of Westminster granted to them by Pattent bearing date at Canterbury the twelfe day of Iuly in the sixt yeare of King Charles his raigne which his Majesty granted for the good of the Subjects of which I am very confident his Majesty conceived so but the contrivers got it past for the goods of the Subject as by them is practised and reported to be gotten by the advice of the then Judges of the Kings Bench Common-Pleas the Barrons of the Exchequer and Mr. Noy his Majestifs then Atorney To which specious pretence of theirs I answer that the Kings bench where the King sits himselfe Cheife Justice held in VVestminster Hall where other Iudges of that Court sit as assistants to his Majesty for the matter of Law is the Court of the Kings pallace of Westminster held in the pallace of Westminster in the greate Hall there formerly the Court for his Majesties house and that the Kings Bench ●s the Court of the Kings Pallace of Westminster is evident by all the Statutes concerning that court in the Statutes at large to be seen and read And the then Judges Barrons and Mr Mr. Noy were no Parliament and therefore could not repeale the severall acts of Parliament that setled the Marshalls Court of the Kings paliace of Westminster thereby to take away the power and Jurisdiction of them two courts to make a cleare power in the King to dispose of them by this new Pattent and all the World knowes that King and Parliament must repeale Acts of Parliament otherwise they are still in force and where aany thing is by his Majesty granted and confirmed by Act of parliament the Iurisdiction of that guift be it just or unjust is good untill repealed by Act of Parliament Provided it be not against any of the Chapters of Magna Charta It is not to be ommitted in this Case what Nagna charta sayes that is the City of London and all other cities Townes and Ports shall enjoy all their free charters and customes without encroachment of any power whatsoever and this was long before the Pattent of Sexto Car. and therefore by the way of goods advice let me intreat you good Mr. Win and your servitures by vertue of that pattent not to infringe Liberties and corporations any more for if ie be any longer continued some body must accompt for it Now to come to the manner of their proceedings which are as hereafter according to my knowledge I will declare First their originall Processe is an odd Writ called a Non omittas which put spirit into the heart of the Marshalls man as in this case is requisite to put a good face upon a bad matter that he hath more power then the Sheriffe of each County upon an originall Proces by which he can enter into and arrest in five Counties viz. Essex Kent Middlesex Surry and Hartfordshire which makes him desperate with his Sword by his side and sweare and drink and dominere that he is a brave fellow and he hath a non omittas and sweares 40. or 50 Oathes one after another that he will enter any liberty within them five Coun●ies within twelve mile round their Court in Southwark and doth so and Arrests within them all and the writ is his warrant and the Court will beare him out in it and the Sheriffe durst not doe soe and why will not every one sue within their Court and veirge when indeed there is neither veirge nor power and not at Common-Law for there they shall be sure to recover this is the Marshalls mans carriage with his Writ This Writ of such force power and strength I will verbatim here write downe viz. CAROLVS Dei gratia Anglie Scotie Francie et Hibernie Rex fidei defensor c. Portatoribus virgarum officiarum et Ministrum Curie Palatij nostri Westminsterij et eorum cuilibet salutem pricpimus vobis et cuilibet vestrum quod non omittatis propter aliquam libertatem infra Iurisdictionem Cur. prid. quin capiatis sen aliquis vestrum capiat per Corpora sua Iohanem Doe et Ricardum Roe si invent fuerunt infra Iurisdictionem Curie pred. infra tres Septimas tunc prox sequen● et eo salvo Custodiatis Ita quod habetis seu aliquis vestrum habeat Corpora eorum eoram Indicibus Curie predict ad Prox curiam nostram Palatij nostri Westminsterij pred. post captionem illam infra tempus Pred. apud Southwark in Comitatu Surrey reneud ad Respondendum Iohani Stiles in Plito transgr et heats ibm tunc hac bre Teste Edvardo Sid●nham mil● apud Southwark undecimo die Decembris Anno Regni nostri vicesimo secundo Shetterden

cod hospitio non existen in plto deb et sunt pleg de proso Io. Do et Rio Ro. And so they go on in the forme of the Common Law in entring their Judgement and for the executing of it issue forth a fieri facias or a Capias ad satisfac returnable within a yeere and a day after the Test. To give you an Accompt of some of the Erronious proceedings of that Court in the writ and Exordium of the Judgement formerly by me set downe and how all their Arrests are false imprisonment trespasse and batteries and the fees mony so taken extorted and forced from the Arrested I intended to satisfie you in some thing but not in all part lye in respect I cannot here in my Iron Cage procure the yeare bookes Dyer Cooke and such as you should have Cited and partly I hould it sufficient to tell my enemy I will fight with him and that I challenge him as I do now againe the Marshalls Court or that Court Mr. Henry Wyn is Steward of if they durst come to a faire Tryall with me at the Common Pleas Barre concerning the Jurisdiction of that Court to hold plea in actions betwixt party and party not being of the Kings house how by them as yet I have suffered out of purse above 2300. l. besides my credit no man knows whether or no by all the wayes or meanes I can use though it be by many costly troublesome Law Suits or otherwise receave one peny thereof for if I should set forth all that I know and can make appeare of that Court it were to arme my enemies being Rich and numerous and leave my selfe in a kind of naked condition my estate being most in other mens hands and a stranger in Sodome and friendlesse Gomorah yet I feare them not for my heart is good and just my Actions honest and my wayes streight and one that have not done any wrong but can bouldly dare that man who ever he be or ever soe rich to meet him in any place and with the spirit of truth tell him thou liest if so be shall devulge any thing that may carry the least species of dishonesty or scandall against me I serve and feare my God and love all honest people and know not to day whether I shall see to morrow and love Heaven better then money not fearing death counting him an insinuating knavish Scicophant that knowes any dishonest act by me done and is silent not procuring just punishment to be insflcted on me for it which is all the comfort I have in my fortified Castle garded more then regarded and watched both night and day where my selfe with many more causelesly gaze away our time thinking what Law hath produced such a heavy burthen in the bowells of one house and when to be delivered into the new part of the ould City there to be rebaptized by the name of Goale Birds amongst our scandalous enemies to the honour of our Nation that Gentlemen shall have new Titles in this time of Reformation But to returne to my ould work of the Marshalls Court I will satisfie you every one if you will repaire to mee in whatsoever point you conceave dubions concerning the jurisdiction of that Court and in what manner you shall ground your Actions for Recovery which shall be so fixt as upon a Rock and also make it appeare so cleare as the Sun at noone day that every one that hath beene sued in that Court shall recover damage for his false imprisonment First what Fees are allowed in the Statutes you have read them and what they have received to whom when and where paid is best knowne to your selfe and how long you have been imprisoned or in custody by whom and when where to find their Estates I am very well satisfied and can let you know it and for their extortions in what nature to be punished and what restitution you may recover I will give you an accompt of it Secondly note the nature of the Writ of such power and force being directed to the Carryers of the Rodds of the Office of the Ministers of the Court of the Kings Pallace of Westminster where ipse facto there is no such Officie but they that make this Writ tollerate signe seale and execute it had need of A Thousand Rodde Carryers and beadells to whip them out of this peece which may bee would put some better law into their heades or beat them into more wisdome and honesty and to let you understand a little more the court of the Kings palace of Westminster is the court of the Kings Bench and they have noe such offices as rodd carriers but tippstaves the carriers of the Rodds are the Knight Marshalls men as I have formerly proved by the statutes deputed by him to serve the processe of that court by virtue of their capias with their roddes in their hands livery coates upon their backs and cognizances upon their sleeves this should be their garbe and by this they are known to be officers and every one who is by him arrested ought to yeeld obedience and to defend themselves in due course of law but contrary to this rule or any good rule they issue forth their writs with a precipiums quod non omittatis propter aliquam libertutem infra jur curie predict when neither themselves or any one else knowes the jurisdiction of that court caled the court of the Kings pallace of Westminster which they hold in Southwarke quin capiatis c. By vertue of this writ being a dangerous on clean contrary to law they euter and break into the foresaid several Counties and the ancient charters and liberties thereof they impudence and insolent violence infringe break and enter taking to themselves by this illegall Writ of Non ommittas full power and authority to justifie any arrest within twelve miles about their Court in any Corporation or Liberty in these sive Counties as in London wher one Edward Gunsmith did arrest Mrs. Margaret Landgridge and carried her to the Marshalsey from Shoe-Lane and in Westminster where be at least forty Arrests every weeke in the liberties of the Tower White Chappell St. Katherines the Dutchie-Finsbury the Burrough of Southwark the Clinke St. Giles and many others I am confident you are not ignorant how that no inferiour Court can grant proces out of one County into another as this Court doth except the Marshalls Coutt for the Kings house which Court is alwaies to attend his person wheresoever he goeth and this is by speciall Act of Parliament and not by Pattent or Common Law And none of the Kings superiour courts at Westminster can do it but with special direction to'th Sheriff of of each County who is to make returne of all such writs and here they arrest in generall in the five severall counties by one writ and the Sheriffe never hath any knowledge of it or of any such Writ a horrid boldnesse and