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A25338 The Ancient legal course and fundamental constitution of the Palace-court 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. 1663 (1663) Wing A3070; ESTC R37039 6,403 67

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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 tha● of our Ancestours i● is apparent other Nations took the same from us My Lord Justice Coke saith further That th●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