the King commands Lodgings Bedding Candlestick Chamber-pot Bason and foure pence a day in all his Prisons to be given to the Prisoner otherwise the Prisoner for Debt which is an honest mans case or a Prisoner upon a commitment by a court of Iustice and commonly not deserved is in a worse and sadder condition and case then a Theefe or Fellon who is allowed so much and shall a poor Debtor or an imagined misdemeanor have no thing then the fellon is farre before a Debtor or misdemeanor in respect he is at every Sessions following his commitment except in some speciall cases either condemned to dy for his fact if proved or set at iiberty and the others must ly and starve by degrees a lingring death and one of the cruelest for hunger compelleth passion in a man and to attempt almost any thing even to kill himself to cry out against King and Kingdome for want of releefe and Justice yea sweare curse and blaspheeme their God the mother in such case to eate her owne Children as in Ierusalem to eate their owne Dunge their shoes their owne flesh and what not this is a pitifull punishment for nothing that a poore prisoner is forced to so horrible is a starving life till the grave cures yet Magna Charta doth not compell any to ly and dy in prison for debt or misdemeanor but otherwise provides reliefe and succour if it were put in execution And I never heard of any man hanged for debt and in my opinion it were better hang debtors then starve them A multitude of other just demands the poore prisoner is forced to pay or else to lye and starve as it is a usuall thing with Jaylors for prison sees be the parties never so poore and not one penny so demanded due to deteyne them in this kind and when he comes to Court to give bayle he must pay five shilings ten pence when there is but two pence due This is the nature of their proceedings in that Court by which meanes they pillage and rob the poore Countrey of at least two hundred thousand pound per annum amongst them all And to further dispute the Cause with them they pretend that the Court they now keepe is not the Marshalls Court but the Court of the Kings Palace of Westminster granted to them by Pattent bearing date at Canterbury the twelfe day of Iuly in the sixt yeare of King Charles his raigne which his Majesty granted for the good of the Subjects of which I am very confident his Majesty conceived so but the contrivers got it past for the goods of the Subject as by them is practised and reported to be gotten by the advice of the then Judges of the Kings Bench Common-Pleas the Barrons of the Exchequer and Mr. Noy his Majestifs then Atorney To which specious pretence of theirs I answer that the Kings bench where the King sits himselfe Cheife Justice held in VVestminster Hall where other Iudges of that Court sit as assistants to his Majesty for the matter of Law is the Court of the Kings pallace of Westminster held in the pallace of Westminster in the greate Hall there formerly the Court for his Majesties house and that the Kings Bench â—s the Court of the Kings Pallace of Westminster is evident by all the Statutes concerning that court in the Statutes at large to be seen and read And the then Judges Barrons and Mr Mr. Noy were no Parliament and therefore could not repeale the severall acts of Parliament that setled the Marshalls Court of the Kings paliace of Westminster thereby to take away the power and Jurisdiction of them two courts to make a cleare power in the King to dispose of them by this new Pattent and all the World knowes that King and Parliament must repeale Acts of Parliament otherwise they are still in force and where aany thing is by his Majesty granted and confirmed by Act of parliament the Iurisdiction of that guift be it just or unjust is good untill repealed by Act of Parliament Provided it be not against any of the Chapters of Magna Charta It is not to be ommitted in this Case what Nagna charta sayes that is the City of London and all other cities Townes and Ports shall enjoy all their free charters and customes without encroachment of any power whatsoever and this was long before the Pattent of Sexto Car. and therefore by the way of goods advice let me intreat you good Mr. Win and your servitures by vertue of that pattent not to infringe Liberties and corporations any more for if ie be any longer continued some body must accompt for it Now to come to the manner of their proceedings which are as hereafter according to my knowledge I will declare First their originall Processe is an odd Writ called a Non omittas which put spirit into the heart of the Marshalls man as in this case is requisite to put a good face upon a bad matter that he hath more power then the Sheriffe of each County upon an originall Proces by which he can enter into and arrest in five Counties viz. Essex Kent Middlesex Surry and Hartfordshire which makes him desperate with his Sword by his side and sweare and drink and dominere that he is a brave fellow and he hath a non omittas and sweares 40. or 50 Oathes one after another that he will enter any liberty within them five Counâ—ies within twelve mile round their Court in Southwark and doth so and Arrests within them all and the writ is his warrant and the Court will beare him out in it and the Sheriffe durst not doe soe and why will not every one sue within their Court and veirge when indeed there is neither veirge nor power and not at Common-Law for there they shall be sure to recover this is the Marshalls mans carriage with his Writ This Writ of such force power and strength I will verbatim here write downe viz. CAROLVS Dei gratia Anglie Scotie Francie et Hibernie Rex fidei defensor c. Portatoribus virgarum officiarum et Ministrum Curie Palatij nostri Westminsterij et eorum cuilibet salutem pricpimus vobis et cuilibet vestrum quod non omittatis propter aliquam libertatem infra Iurisdictionem Cur. prid. quin capiatis sen aliquis vestrum capiat per Corpora sua Iohanem Doe et Ricardum Roe si invent fuerunt infra Iurisdictionem Curie pred. infra tres Septimas tunc prox sequenâ— et eo salvo Custodiatis Ita quod habetis seu aliquis vestrum habeat Corpora eorum eoram Indicibus Curie predict ad Prox curiam nostram Palatij nostri Westminsterij pred. post captionem illam infra tempus Pred. apud Southwark in Comitatu Surrey reneud ad Respondendum Iohani Stiles in Plito transgr et heats ibm tunc hac bre Teste Edvardo Sidâ—nham milâ— apud Southwark undecimo die Decembris Anno Regni nostri vicesimo secundo Shetterden
carry away the arrested whether they please out of one County into another let all men consider what an infringement of liberties this is and with so much impudence Justified and not one officer who live in such infringed lâ—berties endeavour the prevention hereof though their Oathes binds them to it know and see it oftner then my selfe and yet are silent I doubt Genlemen your silence herein is perjury and let me intreat you to repent of your ignorant perjuries and do so no more and be no longer dumb but endeavour the cure of this Malady or I wil call you by good statute law provided for Newtralist-resiants and Officers to accompt for it and be no looser by the bargaine and if you love your soules being warned hereafter to discharge your Offices with a regard to your oathes and bring these Marshalls men to condigne punishment for such offences and transgressions and note that if Custome or Tolleration of this evill once become a Law by perscription any man that can prevail may get a Pattent from his Maj. to have the same power over all the Kingdome as this Marshals Court hath within the five Counties for if his Majesty have power to grant such a Pattent for twelve miles there is in his Majesty the like power de die in diem to grant Pattents of the same nature for twelve hundered miles if the Kingdome were so large and so consequently all the Courts Jurisdictions Charters Lawes priviledges and rights of the Subject so long enjoyed and by Magna Charta by so many Kings confirmed upon us utterly overthrowne and wholy in his Majesty Thirdly the test their writs from the last session of their court before they take it forth and make it returnable in fra tres septimanas tunc prox sequen what a false and erronious writ is this the Law cannot any way warrant such a returne but there a turne must be the next court after the test and they keep their court every Friday and so the returne cannot bee but from Friday to Friday If this returne of theirs were law why cannot the Kings bench or common pleas issue forth writs beareing test in Trinity Term to be retornable in Easter terme following t is all one and the same law and if an inferiour court can doe this why not a superiour Court if any Atturney Be it of the Kings bench or common pleas should make such a writ he would be thrown over Barr and imprisoned for it as he should well deserve and so consequently if this were law an Attorney might make a writ tested last terme and returnable seaven yeares since and arrest any one by vertue of it presently after the writ issued for upon a pretended account of ten thousand pound and for want of bayle the arrested must lye in prison untill the returne of the writ Fourthly they command the body of the arrested to be brought before the Judges of the Court of the Kings pallace of Westminster which is a strange power in my opinion that the Knight Marshall by vertue of his writ out of that court held in Southwarke should command any man to be arrested and carried to prison and his appearance to be before justice Bacon or justice Roll at the Terme which is the court time of the court of the Kings Pallace of Westminster when their tests are not to the writs they being the Judges of the Court of the Kings pallace of Westminster but the test of this writ is by Sir Edward Sidenham he having nothing to doe there or in any other Court neither hath he taken the oath of a Judge in any Court and if he had taken such an oath yet he is a Delinquent and the Office of Knight Marshall as much as concerneth him in that Court and the benefit thereof long since sequestred and taken from him by the Committee of Sequestrations in the County of Surrey and let to another for about thirtie pounds per Annum And Sir Edward Siddenham hath not yet made his Composition yet the Test of the Writ is still in his name which Vacuats the writ in it selfe for by the Votes of the 20. of MAY 1642. and by the Statutes of the 11. R. 2.1 H. 4. the same is confirmed all Delinquents are declared Traytors and he being a Delinquent I conceive him to be within compasse of the Votes which if he be let all Lawyers and wise men give their opinion upon whether or no the Test of the Writ be in a Traytors name and if tested by a Traytor then the Writ is cleerely void and of none effect and what man will be so base and unworthie a fellow to yeeld obedience to Traytors test or command thereby confederating with him It will be objected that the Chancery Kings Bench and Common-Pleas writes bear the Test of the Keeper and Chiefe Justice after they be came Delinquents which is true but not after their Offices were sequestred and taken from them for then the Committee for obstructions Justice Bacon and Justice Reeve bore the Tests of the Writts Moreover Sir Edward Sidenhams Pattent is void into severall waies by which he is made Knight Marshall first his Pattent is not inrolled in the Rowles here in due time and secondlie it is past under the ould Great Seale at OXFORD which by vertue of the Ordinance of both Houses of Parliament is void that Ordinance declaring all Graunts Pattents c. past under the ould Great Seale since the twentieth second of May 1642. void which was the time Littleton the Keeper Run away to York with the seal and at that time and sinre Sir Edmond Varney was Knight Marshall who was at Edgehill the twentie third of October following killed after whose death Sir Edward Sidenham had his Pattent to be Knight Marshall sealed with the ould Great Seale So the whole foundation of the Court is destroyed the Knight Marshall not being Knight Marshall whose Test is to the Writts and also the Marshalls men have no Deputaion from the Knight Marshall which must of necessity be otherwise they are no Marshalls men and so all their Arrests every way false imprisonment and let all men judge if that Court hath not ruined it selfe Fiftly their writts run to Arrest John Doe and Richard Roe in an action of Trespas and they declare some times in debt sometimes in Trover in Action sur le Case and the like which is repugnant to Law for wherefore shall I Answer to any other action according to the Common Pleas proceedings which is Law then that I was Arrested for and put in Bayle to and wherefore shall not I have Costs upon that Action by nonsuit if not declared against according to the first Proces and Arrest Sixtly by what Law or rule I must be bound to answer to an Incippitur such a one as I have formerly mentioned I know not but sure I am that such an Incippitur is a peece of non sence and not comming neere the name of
annihilated and that all by that court or Officers thereof wronged or by any arrest or proceeding therein sufferers may have the benefit and assistance of the common Law of England to sue for reliefe and in the interim the Court silenced from their proceedings there untill its ancient Iurisdiction be fully setled and the corrupt proceedings taken away And he shall daily pray c. RO: ROBINS This I doe manifest and declare to all that will lend a judicion and gentle aspect and audience to what I have here with a candidheart at my great cost and charge and disgracefull reproaches and hard imprisonments delivered not doubting but to see the distressed communalty to reape plenty of the fruite of my sad labours as the neighbouring inhabitants by my pen and person doe from the hands of serene Justice beg and implore cordially assuring my selfe and them that a gale of VVesterly wind is at hand to blow off those Caterpillars from being so neare our seates of Justice which will be a meanes to preserve much of the wholesome fruit of the Law from their rapins devowrings spoyles and perjuries to feed the poore wronged and greeved Subject with and it will undoubtedly afford more good wholesome and joyfull norishment to both soules bodyes and estates of the oppressed and wronged people then the Marshalls prison begging basket The first institution of this Court called the Marshalls Court or the Court for his Majesties House was by a grave and learned counsell in many Parliaments settled and ordained and if considerately looked on and understood for the Subjects benefit and advantage and not to destroy them as it is now used That I am very confident that most honest Subjects are not ignorâ—nt that all his Majesties meniall Servants now are and in all former ages have beene and according to the ancient customes of England a laudable custome ought to be protected by the Royal protection as necessary Servants to the Kings most Excellent Majesty who swayes both the Septer Sword and Mace of this and his other two Kingdomes and by them and the Lawes rules and governes his Subjects under him and thereby preserves and maintaines the causes of the Pious Honest Just pooer abused wronged oppressed and distressed Subject And with the same cutts off strickes to the ground and layes stat to the earth the wicked proud unjust malevolent and ungodly oppressors extortioners and such wicked persons And no servant who enjoyes or ought to enjoy this priviledge of protection is or ought to be Arrested Sued or impleaded molested or hindred from his imployment in his Majesties service for or by reason of any Suit Action or molestation or pretence whatsoever in any Court except in cases criminall thereby violence taking such a servant from his Majesties service and by that meanes if tollerated his Majesties Cooke may be taken out of his Kitchen when he is provding dressing his Majesties Dinner so consequently all his other Servants may in the like manner be taken from him and by such meanes when his Majesty expecteth his Dinner and that attendance which belongs to and befits so great a Monarch will be wanting which were no small abuse to his Majesty therefore protection is for such Servants provided ordained and allowed of This â— Contra saith the Subjects were a sad condition for us and much suffering and losse must of necessity follow to our disadvantage if this protection should be allowed of and defended for then his Majesties Servants will be lawlesse and may by cunning and sinister wayes and false and deceitfull meanes get into any of our debts and procure our Estates by dealings trusts and otherwise into their hands and possession and if we cannot sue for it if they refuse to restore it to us but shall be barred by this protection we were meerely cheated which no doubt that wise Councell parliament hath already very satisfactorily answered and resolved that is they have ordained and constituted this Court called the Marshalls Court or the Court for his Majesties House and meniall Servants and none to sue or be sued in that Court but either the Plaintife or Defendant must be one of his Majesties meaniall Servants and the Knight Marshall and Steward are the Judges of that Court as appeares by the contents of the severall Statutes hereafter following in his verbis viz. That the Steward and Marshall shall not hold plea of any Covenant or any contract made betweene the Kings people nor of debt but only of Trespasse done within the Kings House or Veirge but of such contracts and Covenants that one of the Kings House maketh with another of the same House within the House and not else where and they shall plead no Plea of Trespasse except the partie were attached by them before the King departed from the Veirge where the Trespasse was committed and shall plead them speedily from day to day before the King depart out of the lymits of the Veirge where the Trespasse was done and if so chance that they cannot be determined within the lymits of the same Veirge where the trespas was done then shall the same plea cease before the Steward the matters determinable at the common Law and from thence forth the Steward shall not take cognizance of any debts nor of other things but of such things onely as be of the Kings house nor shall hold no other plea by obligation made by a distresse taken by the Steward or Marshall and if they attempt any thing to the contrary to this Statute it is void 2. E. 1.3 If any plea of Debt detinew or other plea personall be commenced betwixt any persons not being of the Kings house though the Record do make mention that the Plaintiffe and Defendant in the same plea be of the Kings house yet the defendant shall not be estopped by such Record but may have his Averment that he himselfe or the Plaintiffe were not of the Kings house at the time of the Plea or suite commenced 15. H. 6.1 In all places where the King in his owne person shall come to rest abide or make repose within the veirge limited to his graces Court which shall not passe the space of twelve miles to be accompted from his Majesties lodging 13. R. 2.3 his Steward Marshall and all other Officers may keep their Court of Justice and execute their Offices which shall appertaine to them according to the Lawes Customes and Statutes of this Realme as well within liberties as without during the time of the Kings abode any priviledge or graunt notwithstanding â—1 H. 8.24 In every case where enquests be to be taken before the Steward and Marshall of the Kings house such enquests shall be taken by men in the County thereabouts and not by any of the Kings house except it be of contracts Covenants or Trespas made by such whereof the one part and the other be of the Kings house and that in the same house 5 E. 3.2.10 E. 3.2 If