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.
This writes being blanks signed in their Office at Clemens Inne by Master Shetterden their Prothonatory a wise court to have a Prothonatory only to signe writts not able to draw a a plea but to give 2500 li for a place and pick it up againe by theis writts where the Marshalls men on this side the Thames usally fetch them or send for them sending to the Office the names of the plantiffe and dtfendant to be filled and entred but at general times and almost commonly the marshalls men have these writts blanke in their pockets and a seale of Office being a Parcullis and wax and so they fill them seale them and execute them by which Proceedings and actions every Marshal man keepeth an office in his pocket and when he thinks fit makes rereturne of them or of so many as he conceiveth convenient and in case of necessity as they call it they having no blanks about them they take old writts of which their pockets are commonly full and raise fill and execute them this is but forgery and false imprisonment and detaine the prisoner arrested by that forged and raised writt untill they can end the businesse which they will indeavour and by that meanes the arrested is drawn into a fooles paradice thinking them to be as honest men as may be which invites him if a stranger to put trust in him and the Marshalls man perceiving the arrested to put some confidence in him sweares himselfe to be as honest a man as any in England though he be a Marshalls man and the arrested beleeveth so and thanketh God that he is happened into an honest mans hands seeing it was his fortune to be arrested and he is very confident that the Marshalls man wil end his businesse which the Marshalles man binds with a multitude of oathes and that he doth not desire to gaine one farthing by it but for quietnesse sake to make neighbours freinds he will be contented to loose his fees and then the Marshalls mans man comes in swearing as God shal Judge him there is not an honester man in England then his Master he hopes his Master and he shall make an end of the businesse for what fooles are men to goe to Law so long as neighbours who I thingke are fools indeed may end it and if they goe to Law the Lawers will get all the money and for his part he will have nothing for his paines and fees so there may be a good end which hee hartily wisheth and so he will drink to the arrested and caleth for another flagon or a halfe douzâ—n of beer which the arrested must pay for and professeth that his master and himselfe are two of the honestest men in England and noe harme in them no no more then in a Divell of two yeares old but wisheth all peace and quietnesse and if they cannot effect it this way then they send to the Office for a new writ which is filled and entred before the arrest by the registers man Thomas Greenfill by which they force the arrested to give bayle or they will turne all their freindship into rigour and carry him if not monyed to prison saying they forfeit their bonds if they keep a prisoner above six howers but if he hath money and will pay them well and that he will hold his peace and not reveale it then they will doe him the best curtesie they can and hee shall lie in their house til he can take a course to end his businesse or give baile provided that he pay twelvepence every night for his lodging besides ten shillings a day for attendance and sometimes twenty and when all his money is gon then his cloake or some other good thing and at last he cannot keepe him any longer but must goe to prison unlesse he will have the Marshalls man undone for him and he hath done as much as he canne and he is sorry for it but cannot helpe it and any thing that lies in his power he will doe and sweares lustily to it and will be one of his bayle so he can get another so the poore prisoner is meerely cheated this is their custome but if they compas the busines as commonly in such arests they do then they take the fee for the writ that is to shillings and six pence the Knight Marshalls fee and bayle bond five shillings and six pence and for the arrest and waiting what they can get sometimes twenty and commonly thirty shillings or more swearing that they get not any benifit by it for they must pay the prison fees out of it to the Keeper and all the former fees or else they shall forfeit their bonds when they keep all this money notwithstanding their swearing and if the defendant be carried to prison then if he can procure the favour he must appeare the next Court and put in bayle which will cost five shillings and tenpence when there is but two pence due and must also give two sufficient housekeepers bayle within the said liberty though the action be not worth two pence and then must answer to a new kind of declaration called an Incippitur which is in this manner Iohannes Doc quer versus Richard Roe implito transg or transg super casus or the like ad dam 20. l. or the like and this is al the Declaration commonly they have before the tryall then the next court the defendant must answer and so they proceed on in this Arbitary horse trot way wherein is neither sence nor Law And when any motions be in Court made the Steward Mr Win desireth still that all things may be done with consent which is very cunningly thought on by him when they can do nothing by Law and after Verdict in any case by their apprentized Jury given which is commonly for the Plaintfffe according to the custome of that Court then they enter judgement in this form viz. CVria Domini Regis Palatii Regis Westm tenta apud Southwarke in Com Surrey die veneris sciliscet none die Octobris Anno regni Domini Caroli Dei gratia Anglie Scotie Francie et Hybernie Regis fidei defensoris c. vicessimo secundo coram Edwardo Sidenham milite Mariscalo hospitii Domini Rogis et Henrico Win ar Senlo cur pred. Indicibus curie illius virtuto litterarum patent gerand dat apud Canbry duo decimo die Iuly Anno regni sui sexto Memorand quod alias silicet ad curiam domini Regis Palatii Regis Westm tenta apud Southwarke in dicto Com. Surrey infra Iurisdictionem huius curie die veneris septimo die Augusti ultimo preter ito venit hic Danielis Shetterden ar. de hospitio Domini Regis nunc non existans per Richm Somer Attorn suam et protulit hic in cur quandam billam suam versus Iohannem Avery unu portator veigarn officiar et Minister hujus curie gen. presen hic in Curia in propria persona sua de
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
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 MARSHALS COVRT AND A Discovery of the Jurisdiction and priviledge of that COVRT with some of the particular greevances the Subjects suffer under the pretended Authority thereof maintained by ill Members of the Common-wealth 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 London printed for the Author And are to be sold at the Signe of the three Pigeons in Kings Street Westminster TO THE READER SIR HAving by the malice of the false and cruell Marshalls mens periuries an opportunity to â—ivulge what I long since intended their false swearing the last Term procuring me a Prison leasure to manifest the Iurisdiction of that Court and to discover some of their abuses and vile extortions by the assistance of the Printers Presse to your view hereby intreating you to perruse this little booke and then to repaire to me either in the Fleete or at the three Pigeons in King-street Westminster where I shall not faile to bee and satisfie you the true course that the Law of England hath in this Case provided whereby you may recover not only what expence or charge or summes of money it hath cost you or you have paid by any arest or suit there but also dammage for your false imprisonment thereby susteyned by due and iust Course in Law every Arrest by a Marshalls man made being cleerely as I shall shew you false Imprisonment And I shall shew you Iudgements for president in the Case and shall let you farther to know where to levy any Iudgement upon Persons whose Estates are responceable untill which time I am Your most humble Servant to Command RO. ROBINS From my Iron Cage in the Fleet 29th of August 1647. A WHIPE For the Marshalls Court and their OFFICERS ABout a yeare since at the Sessions of the Peace for Westminster holden in Westminster Hall before the Kings Majesties Justices of the Peace sitting there in open Court by good advise of Councel I Indicted two of the Marshalls men amongst other of their Confederates for an assault and battery made by them upon me this is one of their Arrests and by force deteyned me in their Custody untill I did deliver them five shillings and six pence lawfull money of England of my owne proper monyes numbred which Bill was upon positive and full Evidence to the Grand Jury given found and by them in their Virdict delivered in Billa vera and the Justices the grand Jury the Constables and inhabitants within that liberty feeling and well knowing what a misâ—rable oppression they and the Dwellers there suffered by Arrests Suits and Actions commenced in that Court against them upon idle and frivolous pretences did joyfully seeme to joyne with me in the endeavouring a Rectification thereof and then promised me that if I would draw a Petition to that purpose to the Houses of Parliament they would procure it to be read thereby humbly desiring the Houses to settle that Court in its just Jurisdiction and Priviledge And take away the abuse of it to which I condiscended though contrary to my opinion knowing and acquainting them that I could very well doe it at Common Law if I could once come to a Tryall at the Common-pleas Barre with them concerning their Jurisdiction to hold plea in actions between party and partie not being of the Kings house and their extorted fees which Petition I herein verbatim set forth being drawne in my owne name on the behalfe of all the Inhabitants in generall within 12. miles round about the sitting of the same court within which is their pretended Veirge and for the avoyding of Tumults and Crowdes of People to waite on the houses with it therefore I did it not doubting but most of the Members of both Houses know very well the oppression the greived Communalty live under by that Court To the Honourable the Knights Citizens and Burgesses Assembled in Parliament The humble Petition of Robert Robins Gent. SHEVVETH THat your Petitioners by the desire of his Majesties Justices of the peace for the City and Liberty of Westminster at a Generall Sessions of the peace houlden in Westminster Hall about a yeare since as also by the request of many of the Inhabitans within the said City and Liberty and divers House-Keepers aswell Commanders Gentlemen and others and especially poore Tradesmen within twelve miles about London doth present unto your Honors consideration the intollerable misery and oppression they live under in a perpetuall dayly feare of arrests by a pretended Jurisdiction of a Court called the Marshalls Court alias the Court of the Kings palace of Westminster weekely on Fridayes houlden in Southwarke contrary to the Lawes and Statutes of the Kingdome kept by Colour of a Pattent granted by the Kings Majestie to Sir Edward Sidenham Knight Marshall of England under the old Great Seal of England since the twenty second of May 1642. Which pattent is by vertue of an Ordinance of both houses of Parliament concerning the Great Seale of England void The great and heavy pressures thereby laid on the Shoulders of the Free-born Subjects of this Kingdome as well Inhabitants as Lodgers and Country gentlemen here in Towne about their affairs and within twelve miles about London which is within the Veirge of that Court as the Marshalls men Steward Attorneys and others their Officers very untruly affirm justifie and maintain are so violently injuriously and extortiously and contrary to the knowne Lawes and Statutes of this Kingdome and the liberty of the Subject put in execution by the Officers of the said court that many hundreds are thereby ruined and others in a most sad desperate and lamentable condition in that crewell Jayle starved and dye And the Parliaments Commanders attending here for their arreares for their good service done notwithstanding their extream wants are by the Marshals men dayly arrested and forced in that prison to take up their quarters for life for the prevention where of and for the releefe of all Freeborne Subjects that desire to live under and be governed by the ancient and good Lawes of England Your Petitioner humbly prayeth That your honors will be pleased to order that the said Court may bee and continue in its just Iurisdiction and privlledge for fees and all other rights perquisits and pleadings and to the same intent and purpose as it it was first ordained for provided and granted by the severall Acts of Parliament and that the late pattent granted to the said Sir Edward Sidenham and all other Pattents and authority they sit by contrary to the first institution of the severall Acts of Parliament and the said court thereby confirmed may be to all intents and purposes void and utterly