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
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
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
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
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
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.