may be held in any other fit place within 12. Miles of White-hall The Judges are the Lord Stewards of the Kings House and the Knight Marshal for the time being and the Steward of the Court or his Deputy The proceedings in this Court is by Capias or Attachment which is to be served upon the Defendant by one of the Knight Marshalls men who taketh Bond with such Sureties for the Defendants appearance at the next Court as he will answer for at his perill the Bayle are to be sufficient House-keepers within the Jurisdiction of the Court sufficient to the Action And these Processes are to be had at the Office of the same Court appointed by the Steward which every Minister of the Court or Marshalls-man can direct you to The Defendant upon his appearance must put in two sufficient House keepers living within the Jurisdiction of the Court to pay the Condemnation in Court which if he neglect to do the Plaintiffe may have the Bond taken for his appearance Assigned over to his use and so Arrest the Defendant and his Sureties The next Court after the Babyle taken and accepted of by the Plaintiffe the Plaintiffe ought to declare and set forth the cause of his Action and if he do not declare the Defendant may have an Execution against him for his costs and charges but if the Plaintiffe do declare against him then they go on to Issue and Tryall by a Jury who live within the Jurisdiction of the Court according to the course of the Common-Law In foure or five Court days commonly all your Actions come to Tryal so the proceedings of this Court are very quick and speedy and at small Charges The Actions tryed there are of Debt Trespasse Battery Slander Trover and all other Actions personal whatsoever The Fees of this Court I have here set down as they are inserted in the Letters-Patents The ordinary Fees of the Pallace Court of Westminster to be paid by the Plaintiff IMprimis for every Writ or Precept of Capias or Attachment to the Steward and Marshal One Shilling To the Prothonotary for Writing the Writ Two Pence To the Marshalls man for executing or serving it One Shilling Four pence The Attorneys Fee upon every Declaration Issue Venire Facias and Habeas corpora Juratorum One Shilling Eight pence For the Warrant of Attourney to the Prothonotary Four Pence For making of every Declaration and Entry thereof to the Prothonotaries Clerks One Shilling For the Fee of the Court upon every Declaration Issue and knowledge of Satisfaction to the Steward and Marshall One Shilling four pence For the marking and Filing of every Declaration and Entry of every Sasisfaction to the Prothonotary eight pence To the Prothonotary for entring of every Issue and every Verdict and Judgement One shilling The Cryers Fee upon every Issue Four pence For every Writ of Venire facias Habeas corpora distringas Juratores and for every other Writ of Execution and others One shilling and eight pence To the Prothonotary for writing of every of them Four pence For the Return of every one of them to the Prothonotary One shilling To the Marshalls Man for executing every Venire facias Two shillings For the executing of the Habeas Corpora and distring as Juratores to the Marshalls man One shilling and six pence To the Cryer for warning of the Jury Six pence For every Verdict and Judgement thereupon to the Steward and Knight Marshall Three shillings and Four pence To the Prothonotary for entring every Bail Five pence To the Keeper of the Prison thereupon A Penny For the Attourneys Fee upon every Bill of Issue Venire facias and Habeas Corpora Juratorum One shilling and eight pence For the Copy of every Declaration to the Prothonotary One shilling For every Issue on the Defendants part to the Steward and Marshall One shilling and Four pence For every Warrant of Attourney for the Defendant thereupon to the Prothonotary Four pence Accidental Fees FOr every Rule of Court to the Prothonotary Four pence For the Drawing of every Declaration Plea Rejoynder Sur-rejoynder Moratur in Lege for every Sheet to the Prothonotaries Clerk Four pence For the Inrolment thereof to the Prothonotary for every Sheet Eight pence For every Writ of Subpena to the Steward and Marshall Two shillings For the writing thereof and of every decem tales and of every Retraxit to the Prothonotary Six pence For the allowing of every Writ of Procedendo to the Steward and Marshall One shilling and eight pence For the Entry thereof and of every Continuation and for the Assigning of an Obligation for Appearance on Record to the Prothonotary Eight pence To the Marshalls man for keeping the Jury One shilling To the Hall-keeper One shilling To every Councellor at Law for his Fee Five shillings To the Cryer for Proclamation of every Jury Six pence To the Attourneys Clerk for every Bill of Costs Eight pence For ordinary Fees to be paid by the Defendant FOR the Knight-Marshalls Fee upon every Arrest Three shillings and Six pence To the Prothonotary thereupon Ten pence To the Keeper of the Prison thereupon Four pence To the Turn-key thereupon Four pence For every Bail in Court and every Bill to the Steward and Knight Marshall One shilling and Four pence For executing every Writ of Scire facias to the Cryer One shilling For the Copy of every Record to the Prothonotary for every Sheet thereof Four pence To the Cryer for every non pros four pence For every Venire facias Habeas corpora or Distring as Juratores per proviso to the Steward and Knight Marshall One shilling and Eight pence For writing thereof to the Prothonotary Four pence For executing thereof to the Cryer Two Shillings For the Return thereof to the Prothonotary One shilling For the keeping the Jurors thereof to the Cryer One shilling For every Non pros and every Allowance of Habeas Corpus Writ of priviledge Supersedeas and every other such like Writ to the Steward and Marshall One shilling and Eight pence For the Entry of every one of them on Record to the Prothonotary Eight pence For the Return of every such Writ to the Steward and Marshall One shilling and Four pence For writing the Return thereof for every Action to the Prothonotary One shilling For the Allowance of every Writ of Error to the Steward and Marshall One pound For the Prothonotary for Entry thereof Two shillings For every Writ of Supersedeas Two shillings and Six pence For Certifying of Records to the Prothonotary for the writing of every Roll of Parchment thereof Six shillings and eight pence For Correction of every Prisoner in Execution to the Keeper of the Prison One shilling and Six pence For the Prothonotaries Clerk's Fee thereupon One shilling and Six pence To the Turnkey thereupon One shilling Four pence For the Prothonotaries Clerks Fee for the Entry of the Cause of Suit and Release of every Prisoner Four pence Upon every
THE Ancient Legal Course AND Fundamental Constitution OF THE PALACE-COVRT OR MARSHALSEA Together with the several Charges of all Proceedings there And its present Establishment Particularly set forth and Explained Whereby it will appear of what great Authority this Court hath been in all Times London Printed for Robert Crofts at the Crown in Chancery-lane 1663. To the READER IN order to a satisfactory account of this Court and of this endevour in this Treatise to shew the nature of its Jurisdiction its method of Proceeding and the Clients both Paintiffes and Defendants Charge therein it will be requisite though in a preposterous way first to show the annihilation or nulling of it in late Times of the Usurpation and the beginning of its constitution and the reason thereof Indeed that Disauthorizing By-blow of the Independent Anarchy might very well be forgotten here were it not that the injurious continuance of that Illegal Suppression had almost defaced the Memory and Record thereof and the ruine of this Judicature changed into and become its crime which was imputed to be its chargeableness uselesness dilatoriness and vexation whereas indeed it was guilty of none of those nay of nothing less All the fault was this Court was one of the neerest Appendixes of the prerogative of the Crown and if continued in its primitive use would be a remain and relique of Monarchy and Majesty which they could by no means endure should be in the eyes of the People which for the accomodateness and benefit of its Jurisdiction did seek for speedy redresse from thence rather than elsewhere They likewise enviously knew that this Court was a standing Monument of that respect and reverence all Parliaments and the Laws have throughout all Times had for the King allowing His Court the circuit and compass which is now called the Verge of Twelve Miles round about it so that in effect there is no Potentate or Prince in the World can shew a Palace of such an extent nor can any the most magnificent Seraglio compare with it as my Lord Bacon hath most elegantly observed in his Charge to the Grand Jury of this Court Nor did they take care alone for the outward State and Splendour of the Kings Palace in these dimensions but for the inward Honour and Glory thereof by preserving it as much as was possible free from disorder and all manner of Enormity by erecting this Judicature appointing and giving extraordinary power and authority to the Steward of the Kings Houshold the principal Judge here to determine all manner of Causes criminal judicial or capital arising within the Verge and this they strengthned and backed with several laws as you will perceive in the ensuing Treatise which said power is now again happily returned into the same channel And so much may suffice to be spoke of its Original Institution As to the Practice the Disuse thereof having made it something difficult and the charge of Suit there suspectful of innovation I have given an accompt of the several Rates thereof that by a due compare it may appear they are the same as ever and also to let the Reader see the easinesse of them beyond the charge of other Courts its dispatch and present ending of all Suits and that finally its Authority is as Authentick and as soveraign as any other it being a kind of peculiar Kings-Bench Both the Name Nature and Proceedings thereof are fully declared in the ensuing Tract to your Perusal and Acceptance whereof we Commend it Vale. THE PALACE-COVRT IT is requisite first that the Nature of this Court be understood and that more especially because the late Vsurpation had endevoured to race out and obliterate the Jurisdiction thereof meerly for being consistent and suted to the English Laws and more especially to the Kings Person His Court and His Royalties the soul and intrinsick matter of Government First of the Antiquity thereof FOr the Antiquity of this Court it is as ancient as any other of the Kings Courts if not ancienter Curia sequitur Regem The Court followeth the KING and it is therefore peculiarly called the Palace Court referring to the KINGS residence and this Court doth more especially concern Him as appears by the Statute of 4 H. 6.8 directing us to the Statute of the Twenty eighth of Edward the First Coke cap. 18. Jurisdiction of Courts Articuli super Chartas wherein several Provisions were made for the advantage thereof No doubt it is of as long standing as the Monarchy of ENGLAND Fleta saith it is next to the High Court of Parliament The Marshal and Marshalsea whence so called FOr it will appeare by the terme and name of this Court that it was of the same neer beginning with the British Soveraignty For as to the derivation of the terms Mareschallus and Marescalcia they are Saxon words which nevertheless tend much to the proof of the Antiquity and Honour of our Nation seeing other Nations have the same Offices and Officers so that in respect the name is derived from our Language as thaâ— of our Ancestours iâ— is apparent other Nations took the same from us My Lord Justice Coke saith further That thâ—s Court hath its Foundation from the Common Law and the Jurisdiction thereof is original and ordinary The Jurisdiction and authority of this Court and first of its Name ALbeit in this Court the Steward and Marshall are Judges and the Steward hath the precedency yet the Court is called the Marshalsea for three causes First the Marshall is not onely a Judge but seeth that Execution which is the Life of the Law be done Secondly his Office is in force both in time of War and Peace Though the Constable of England be the chief Nobleman which from the Family of the Bohuns Earls of Hereford descended by Inheritance upon the Person of Edward Duke of Buckingham Attainted the thirteenth Year of Henry the Eighth in whom that too masterly an Honour fell and hath the precedency in other places of the Marshal of England yet notwith-standing though their Power and Authority were so untempered yet the Marshal-sea carried it through the Current of the Laws The Authority of the Court. THe Authority of this Court was larger formerly then now according to the Prerogative of our former Princes but in the Twenty Eighth year of that noble Prince Edw. the First by an Act intituled Articuli super Chart as the Jurisdiction was limited and divided into three Qualifications First to determine all Covenants Contracts and Trespasses wherein both Plaintiff and Defendant were of the Kings Houshold Secondly all Contracts and Covenants which should arise in Controversie if either of the Parties were of the said Houshold Thirdly for all manner of Trespasses and Personal Actions arising within the Verge of the Kings Houshold Several Variations have been made by Acts of PARLIAMENT since but now the Establishment is as followeth This Court is kept every Friday in the Court-house on St. Margarets hill in Southwark and
Obligation of Appearance of the Prisoner to the said Clerk Six pence HAving thus set down the Fees of this Court that all Clients may know their certain charge without the trouble or danger of Exaction and to show the reasonablenesse and easie Rates thereof to what is used in other Courts it will not be amisse after this litigant part of this Court is thus described to speak a little of its Jurisdiction by way of Indictment and reference to to the Peace You may know therefore as the Learned Lord Bacon saith in his Charge given to the Verge that these foure things are cognizable and Inquirable in this Court as well as in any other of the Kings Courts at Westminster or else for all Matters and Trespasses committed within the circuit of the Verge First All manner of Offences against God and the Church contrary to the Statutes made against them as Sacrilege Blasphemy Recusancy Separation and the like Secondly All manner of Offences against the King and the State more particularly the Person of the King as Treasons Conspiracies Riots Tumults and other lesser Offences of the same kind and nature and Generally whatever disturbs the Publick Peace Thirdly All manner of Offences that are capital and reach to the Life of the Offender Fourthly All manner of Offences not capital extending to Fines Imprisonment and Loss of Limbs Pillory and Whipping All these particulars were usually heard and determined at Set times in the Yeer by the Lord Steward himselfe in person but of late by Commission which as it hath taken something from the Honour so hath it added to the Strength and Execution of its Authority so that you may see as hath been said that this Court hath always been had in great veneration and respect It remains that something should be said touching Attatchments Sequestrings Distresses Replevins c. as likewise of Wagers of Law Demurrers and other such Legal Defences and the Method and way of Proceeding in this Court in such Cases but because there is little variation here from other Courts in the same Matters save a due disproportion in Fees not very considerable and because the practice is more frequent in Corporation-Courts than here they are omitted in this little Treatise which is intended for no prolix Repetition of that which every person is supposed to have some understanding in or may easily attain it by former Directions Thus have I concluded the Account of this most Ancient and most Honourable Court having been the larger in deducing its Jurisdiction because of the petty meane conceit and estimation people generally have had thereof though its Decrees are as valid and binding as of any of the Benches of Law at Westminster desiring the Reader to accept of this Endevour in good part and wherein it is not fully satisfactory to help it by his own observance which a small practice or Suit will enable him to make therein But before I have done you must note that as to Juries and Jurors this Court is not limited to Freeholders but may be served by any sufficient Inhabitants within the Verge which also is not limited and confined in this or any other Residence of the Kings person which alone makes the place he stays at a Court but whereever it shall happen for pleasure convenience or other causes as Sicknesse Infection and the like this Jurisdiction followeth His abode and may be executed in as full ample manner within any 12 Miles of His abode and habitation though for the Honour of the Kings ancient Mansion neer this His Imperial Chamber the Cities of London and Westminster in all removes of the King and His Court the Law proceeds here and Trials are had and Judgement and Execution as of course and as used before But there must be a special care used by the Marshals men and other his Officers that they passe not the Verge in doing or executing any Process or Judgement for there is a Statute to the contrary made upon complaint of the exorbitant actings and unwarrantable proceedings in former times And as 't is a Maxime and chief Sanction of the Law that the King can do no wrong so especial care is to be had in the administration of this Judicature that His Subjects receive none being so neerly under his eye and protection and his Court supposed by the Law to be a sanctuary and shelter from all injustice and oppression So that there is no fear of injury and Fraud in this Court in regard the King is in some sort more personally present here than in other his Judicatures I thought to have added the Names of the dictinct Offices and Officers belonging to this Court for further satisfaction but I must not swell the Book which hath exceeded its first designement FINIS