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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.