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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

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a Declaration the Steward if he were a just Steward ought to grant a non pros upon it for want of a Declaration but for the Courts benefit that lawfull proceeding is slighted and instead thereof puts the poore Defendant by lawlesse and irregular rules and other by blowes to a very long attendance and much cost and lately one Gilbert Barrell one of the Attorneys of that Court hath found out a quirk which he pretends to be Law to preserve the Plaintiffe from paying the Defendant Costs when there is no cause of Action that is to declare in a good Declaration and when the Defendant answereth to demurre to the Answer and so the Judgement shall passe against the Plaintiffe and that Court gives no cost upon a demurrer this was his client Bowers his case against Mrs. Carter and thus in an odd erronious way and kind of proceedings they go on and when they are to enter Iudgement in any Case this is their Exordium which I have litteratly set downe formerly out of which have observed one pritty passage and the like is in their VVrit which I will onely mention and so endeavour a Conclusion Note they make their writ retournable before the Judges of the Court of the Kings Palace at Westminster of which Court Mr. Win pretends to be Steward and Tests it with Sir Edward Sydenhams Test Knight Marshall and so Ioyn both the Court and Steward and Knight Marshall together And for their Judgement they begin with Curia Domini Regis Palatii Regis Westm c. Which Court is not the Court of the Kings Pallace at Westminster but the Kings Bench is the Court of the KINGS Pallace of VVESTMINSTER as I have formerly Declared and cannot be held in Surrey as aforesaid unles by special adjournment is tenta coram Edw. Sidenham milite Marescallo Hospitii Domini Regis et Henerico Win. Ar. Senlo curie pred. and so in all their proceedings joyne their two courts in owne to make as they say a vis unita fortior and need they have to if that would helpe but the worst is neither of their courts hath jurisdiction before the King come and then but one and that is the Marshalsey for his Majesties house and is not this able to trouble Mr. Win that the power of two Courts cannot make one yet neverthelesse he marrieth them both together by which meanes mony enough will begotten if the Spawnes of that Court the Marshalls men be carefull to sow Sedition enough between the Scoulds Bawdes and Whores within their Veirge from whom most of their living and benefit comes The last of my exceptions that I intend at this time in this Booke to set forth is to intreat you to take notice of their executions retornable within a yeare and a day within which time there is 52 Courts one every week held wherefore shall not the Common Law make forth an execution returnable 52 Terms after the Test of the Writ and so that Writ will not be out of Date or the return past in 52. Terms which is about Thirteen yeares I do not thinke but it is false imprisonment in any one to execute such a writ when the Law will not allow them to make it returnable but from court to Court as the Common Law doth from Terme to Terme If a man could but have the full view of their proceedings I am verie confident he should discover more errors in one day then he could with his penne devulge in a Yeare Apud generalem Session pacis Domini Regis tent ibm Die Lunae existen undecimo die Januarii Anno Regni Dn. mi. Caroli nunc Regis Angliae c xx ii coram Gregorio Fenner Mil. Humph. Edwards Enbulo Thelwall et Johe Hooker Ar. et al. sociis suis Justiciar c. IT is Ordered by this Court that Cornellius Avery who is alleadged to be a Marshals Man or Servant to a Marshalls man be supprest from keeping a victualing House any longer and that from henceforth hee shall not sell or utter any beere or Ale whatsoever by colour of any License or Warrant made him by this Court or any of his Majesties Iustices of the peace within this Citie and Liberty and that from henceforth no person who is or shall be a Marshalls Man be Lycensed to keep a Victualling house to sell beere or Ale within this Liberty but that all lycenses granted or to be be granted to any Marshalls Man shal be ufterly voyd to all intents and purposes whatsoever per Iohannem Iackson There is also an Order granted at the Sessions at Hicks-Hall that no Marshalls man or Bayliffe shall keepe a Victualing house in the County of Middlesex But that all such lycenses granted or to be granted to any such shal be to all intents and purposes void I wish all the Sessionses in the Kingdome would do the like in all their Counties and liberties and see the same put in execution by their Constables and Officers If Heaven be pleasd when men do cease from sin If Earth be pleasd when Theeves do enter in If Hell be pleasd when she receaves a Knave Then all be pleasd this Courts going to its grave FINIS Civitas Burgus et Vil. Westm. in Com. Midd.
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