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A57415 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 marshalls court, and a discovery of the jurisdiction and priviledge of that court, with some of the particular greevances the subjects suffer under the pretended authority threof ... 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. Robins, Robert. 1648 (1648) Wing R1646A; ESTC R25102 18,763 31

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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 ●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 mis●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
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 douz●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