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.
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
any man will complaine of Error made before the Steward and Marshall of the Kings house he shall have a writ to remove the Record and the proces into the Kings Bench and there the Error shall be redressed 5 E. 3.2.10 E. 3.3 The Marshall of the Marshalsey of the Kings house may take the Fees hereafter following in open Court that is of every person which commeth by capias to the said court foure pence and if he be let to maine prize untill his day two pence and of every person being Defendant which is impleaded of Trespas and giveth manucaptors to keep his day to the end of his plea two pence and of every one committed to prison by the Judgment of the Steward in whatsoever manner the same be fourepence and of every person delivered of fellony fower pence and of every Fellon let to maineprise by the Court fower-pence But if the Marshall or any of his Oâ—ficers under him do take any other Fee then before are declared the said Marshall and every of his Officers shall loose their Offices and also shall pay to the party greived treble damages for the same for which the sayd party shall have his suite before the Steward of the said court for the time being a Serviture of bills now called the Marshals men which beareth a Staffe of the said Court shall take for every mile from the said court unto the same place where he shal doe his service a penny and for twelve miles twelve pence and so to serve a venire facias or a distringas out of the same court the double and if a Serviture of Bills do the contrary he shall be imprisoned and make Fine to the King after the discretion of Steward of the same Court Al which articles the Steward at his comming into the Country hath authority to proclaim and put in execution 2. H. 4.23 And Preists and other Ecclesiasticall persons taken in the Marshalsey of the Kings house shal pay such Fees as Lay-people shall reasonably pay and no more The Steward of the Marshalsey shall for ever from time to time be assigned by writing under the Seal of the Lord Steward of the Kings house for the time being 33. H 8.12 Very much more I could set downe concerning the Jurisdiction of this Court in cases of Batteryes blood sheds and other misdemeanors which I conceive not fit to be heer incerted in respect my intent is onely to treat of and manifest the matter of arrests pleadings and power of holding Plea in that Court of Actions betweene partie and partie as now they doe There is a Statute made in the 23. H. 6.10 which giveth every man from whom any money is extorted by an Officer other then the Statutes do allow power to sue the Extortioner in action of Debt for fortie pounds which he shall recover by tryall at Law and twentie pounds thereof his Majesty is to have and the other twentie pounds the partie wronged and that sueth for the same is to receive this I shall shew all men that are wronged and desire reliefe and restitution of their injury if they will be pleased to repaire to me to be satisfied in it with severall other benefits the Law hath provided for our good and quiet living and enjoyment of our owne Estates and Liberties and there is provided in them punishment for those vile and unsufferable creatures called extorting Bayliffes Marshalls men and Jaylers Now having here shewed the Jurisdiction of the Marshalls Court and their just Fees and priviledges and wherefore ordeyned I am very confident that you are and may be satisfied that that Court which usually sitts every Friday in Southwark is of no validety nor hath any power or Jurisdiction to execute that Authority which they wrongfully and unjustly doe upon the ignorant people every day and that no processe issuing out of that Court ought to have obedience yeilded to it but is onely a collour for their rapines and cheating the people for what money soever is by pretence of Law forced from the Subject contrary to Law is a meere cheat and no better then plaine English Theevery Now concerning the Fees usually taken by the Court and their Officers as many as I know I will herein set downe the particulars viz. Their Writ two shillings and six pence whereof there is Eighteene pence paid and the Marshalls man coseneth the other twelve pence which he calleth the advantage of the Writ and then this Writ must be executed the Marshalls man for doing it must have ten or twenty shillings otherwise he will not doe it nay hee shall sweare a hundred Oathes in an hower that the Defendant which is to be Arrested is a man very seldome to be seene and a dangerous man and this hee shall sweare over and over againe that if it were not for the Plaintiffe whom he takes to be his speciall friend he would not execute it for that money no if it were for his owne Father and that he shall spend more in waiting for him then he doth aske for serving the Writ all which is false for no sooner is the Plaintiffe gone but he goes and fetcheth the Defendant and so they two go to an Alehouse and drink lustily and so the Marshalls man getteth money of him and sometime taketh Bayle but if it be one of his acquaintance then he taketh a bribe and letteth him goe or if a Begger then to the Goale he is presently carryed and you see the first extorted Twelve pence is as much as is due if he did Arrest one the full twelve miles from the sitting place of the Court And when they Arrest one and deteyne him for want of Bayle hee must presently give two sufficient House-keepers bound with him in a Bond of fortie pounds or more according as the Marshalls man pleaseth for his personall appearance the next Court and this Bond is taken in the Jaylors name and not in the Knight Marshalls name which ought to be done and must presently pay five shillings and six pence for the Knight Marshalls Fee and bayle bound when there is but six pence due that is two pence for admitting him to Manucaptors and foure pence for the bayle Bond there is you see five shillings extorted And if for want of Bayle the Arrested be committed his Prison his Fees are eighteen shillings foure pence for the turne Key alias Dictus turned extorting knave there is but foure pence due and the eighteene shillings is extorted to be paid upon the Prisoners discharge out of Prison two shillings for walking in the Garden to take the Ayre which makes the Jaylor Heire of an estate gathered by compulsive extortion out of both Heires young Brothers and beggers Estates Two shillings and six pence the Garnish which is to be spent in Beere in the Seller of the Prison this makes the Tapster rich giving so much per Barrell to the Jaylor for drawing the Beere five shillings a week for a Chamber when
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