THE Ancient Legal Course AND Fundamental Constitution OF THE PALACE-COURT OR MARSHALSEA.  
Together with the several Charges of all Proceed there; And its present Establishment: Particularly set forth and Explained.  
Whereby it will appear of what great Authority this Court hath been in all Times.  
London, Printed for Robert Crofts at the Crown in Chancery-lane. 1663.   

To the READER.  
IN order to a satisfactory account of this Court and of this endeavour in this Treatise, to show the nature of its Jurisdiction, its method of Proceeding, and the Clients (both Paintiffes and Defendants) Charge therein, it will be requisite, though in a preposterous way, first to show the annihilation or nulling of it in late Times of the Usurpation, and the beginning of its constitution, and the reason thereof.  
Indeed, that Disauthorizing By-blow of the Independent Anarchy, might very well be forgotten here, were it not that the injurious continuance of that Illegal Suppression, had almost defaced the Memory and Record thereof, and the ruin of this Judicature changed into and become its crime; which was imputed to be its chargeableness, uselessness, dilatoriness and vexation; whereas indeed it was guilty of none of those, nay of nothing less.  
All the fault was, this Court was one of the nearest Appendices of the prerogative of the Crown; and if continued in its primitive use, would be a remain and relic of Monarchy and Majesty, which they could by no means endure should be in the eyes of the People; which for the accomodateness and benefit of its Jurisdiction, did seek for speedy redress from thence rather than elsewhere. They likewise enviously knew, that this Court was a standing Monument of that respect and reverence all Parliaments and the Laws have throughout all Times had for the King, allowing His Court the circuit and compass which is now called the Verge of Twelve Miles round about it; so that in effect there is no Potentate or Prince in the World can show a Palace of such an extent, nor can any the most magnificent Seraglio compare with it; as my Lord Bacon hath most elegantly observed in his Charge to the Grand Jury of this Court.  
Nor did they take care alone for the outward State and Splendour of the King's Palace in these dimensions, but for the inward Honour and Glory thereof, by preserving it as much as was possible, free from disorder and all manner of Enormity, by erecting this Judicature, appointing and giving extraordinary power and authority to the Steward of the King's Household, the principal Judge here, to determine all manner of Causes criminal, judicial or capital arising within the Verge; and this they strengthened and backed with several laws as you will perceive in the ensuing Treatise; which said power is now again happily returned into the same channel And so much may suffice to be spoke of its Original Institution.  
As to the Practice, the Disuse thereof having made it something difficult, and the charge of Suit there suspectful of innovation, I have given an account of the several Rates thereof, that by a due compare it may appear they are the same as ever; and also to let the Reader see the easiness of them beyond the charge of other Courts; its dispatch and present ending of all Suits; and that finally its Authority is as Authentic and as sovereign as any other, it being a kind of peculiar Kings-Bench.  
Both the Name, Nature, and Proceed thereof, are fully declared in the ensuing Tract, to your Perusal and Acceptance whereof we Commend it.  
Vale.   

THE PALACE-COURT.  
IT is requisite first, that the Nature of this Court be understood, and that more especially, because the late Usurpation had endeavoured to race out and obliterate the Jurisdiction thereof, merely for being consistent and suited to the English Laws, and more especially to the King's Person, His Court, and His Royalties, the soul and intrinsic matter of Government.  

First, of the Antiquity thereof.  
FOr the Antiquity of this Court, it is as ancient as any other of the King's Courts, if not ancienter: Curia sequitur Regem, The Court followeth the KING; and it is therefore peculiarly called the Palace Court, referring to the KING'S residence; and this Court doth more especially concern Him, as appears by the Statute of 4 H. 6.8. directing us to the Statute of the Twenty eighth of Edward the First, 
Coke cap. 18. Jurisdiction of Courts.  Articuli super Chartas; wherein several Provisions were made for the advantage thereof. No doubt it is of as long standing as the Monarchy of ENGLAND. Fleta saith it is next to the High Court of Parliament.   

The Marshal and Marshalsea, whence so called.  
FOr it will appear by the term and name of this Court, that it was of the same near beginning with the British Sovereignty: For as to the derivation of the terms Mareschallus and Marescalcia, they are Saxon words, which nevertheless tend much to the proof of the Antiquity and Honour of our Nation, seeing other Nations have the same Offices and Officers; so that in respect the name is derived from our Language, as tha● of our Ancestors, i● is apparent other Nations took the same from us  
My Lord Justice Coke saith further, That th●s Court hath its Foundation from the Common Law, and the Jurisdiction thereof is original and ordinary.   

The Jurisdiction and authority of this Court, and first of its Name.  
ALbeit in this Court the Steward and Martial are Judges, and the Steward hath the precedency, yet the Court is called the Marshalsea for three causes.  
First, the Marshal is not only a Judge, but seethe that Execution, which is the Life of the Law, be done.  
Secondly, his Office is in force both in time of War and Peace.  
Though the Constable of England be the chief Nobleman (which from the Family of the Bohuns Earls of Hereford, descended by Inheritance upon the Person of Edward Duke of Buckingham, Attainted the thirteenth Year of Henry the Eighth, in whom that too masterly an Honour fell) and hath the precedency in other places, of the Marshal of England, yet notwithstanding though their Power and Authority were so untempered, yet the Marshal-sea carried it through the Current of the Laws.   

The Authority of the Court.  
THe Authority of this Court was larger formerly than now, according to the Prerogative of our former Princes, but in the Twenty Eighth year of that noble Prince Edw. the First, by an Act entitled Articuli super Chartley as, the Jurisdiction was limited and divided into three Qualifications;  
First, to determine all Covenants, Contracts, and Trespasses, wherein both Plaintiff and Defendant were of the King's Household.  
Secondly, all Contracts and Covenants, which should arise in Controversy, if either of the Parties were of the said Household.  
Thirdly, for all manner of Trespasses and Personal Actions arising within the Verge of the King's Household.  
Several Variations have been made by Acts of PARLIAMENT since, but now the Establishment is as followeth;  
This Court is kept every Friday in the Court-house on St. Margaret's hill in Southwark, and may be held in any other fit place within 12. Miles of Whitehall.  
The Judges, are, the Lord Stewards of the King's House, and the Knight Marshal for the time being, and the Steward of the Court or his Deputy.  
The proceed in this Court is by Capias or Attachment, which is to be served upon the Defendant, by one of the Knight Marshals men, who taketh Bond with such Sureties for the Defendants appearance at the next Court as he will answer for, at his peril, the Bail are to be sufficient Housekeepers within the Jurisdiction of the Court, sufficient to the Action.  
And these Processes are to be had at the Office of the same Court, appointed by the Steward, which every Minister of the Court or Marshalls-man can direct you to.  
The Defendant upon his appearance must put in two sufficient House keepers, living within the Jurisdiction of the Court, to pay the Condemnation in Court, which if he neglect to do, the Plaintiff may have the Bond taken for his appearance Assigned over to his use, and so Arrest the Defendant and his Sureties.  
The next Court after the Babyle taken and accepted of by the Plaintiff, the Plaintiff ought to declare and set forth the cause of his Action, and if he do not declare the Defendant may have an Execution against him for his costs and charges, but if the Plaintiff do declare against him than they go on to Issue and Trial by a Jury, who live within the Jurisdiction of the Court, according to the course of the Common-Law.  
In four or five Court days, commonly all your Actions come to Trial, so the proceed of this Court are very quick and speedy, and at small Charges.  
The Actions tried there, are of Debt, Trespass, Battery, Slander, Trover, and all other Actions personal whatsoever.  
The Fees of this Court I have here set down as they are inserted in the Letters-Patents.  
The ordinary Fees of the Palace Court of Westminster, to be paid by the Plaintiff.  
IMprimis, for every Writ or Precept of Capias or Attachment to the Steward and Marshal, One Shilling.  
To the Prothonotary for Writing the Writ, Two Pence.  
To the Marshals man for executing or serving it, One Shilling Four pence.  
The Attorneys Fee upon every Declaration, Issue, Venire Facias, and Habeas corpora Juratorum. One Shilling Eight pence.  
For the Warrant of Attorney to the Prothonotary. Four Pence.  
For making of every Declaration, and Entry thereof to the Prothonotaries Clerks, One Shilling.  
For the Fee of the Court upon every Declaration, Issue, and knowledge of Satisfaction to the Steward and Martial, One Shilling four pence.  
For the marking and Filing of every Declaration, and Entry of every Sasisfaction to the Prothonotary, eight pence  
To the Prothonotary for entering of every Issue, and every Verdict and Judgement, One shilling.  
The Criers Fee upon every Issue, Four pence.  
For every Writ of Venire facias, Habeas corpora, distringas Juratores; and for every other Writ of Execution and others, One shilling and eight pence.  
To the Prothonotary for writing of every of them, Four pence.  
For the Return of every one of them to the Prothonotary, One shilling.  
To the Marshals Man for executing every Venire facias, Two shillings.  
For the executing of the Habeas Corpora, and distring as Juratores, to the Marshals man, One shilling and six pence.  
To the Crier for warning of the Jury, Six pence.  
For every Verdict and Judgement thereupon, to the Steward and Knight Martial, Three shillings and Four pence.  
To the Prothonotary for entering every Bail, Five pence.  
To the Keeper of the Prison thereupon, A Penny.  
For the Attorneys Fee upon every Bill of Issue, Venire facias, and Habeas Corpora Juratorum, One shilling and eight pence.  
For the Copy of every Declaration to the Prothonotary, One shilling.  
For every Issue on the Defendants part, to the Steward and Martial, One shilling and Four pence.  
For every Warrant of Attorney for the Defendant, thereupon to the Prothonotary, Four pence.   

Accidental Fees.  
FOr every Rule of Court to the Prothonotary, Four pence.  
For the Drawing of every Declaration, Plea, rejoinder, sur-rejoin, Moratur in Lege, for every Sheet to the Prothonotaries Clerk, Four pence.  
For the Inrolment thereof, to the Prothonotary for every Sheet, Eight pence.  
For every Writ of Subpena to the Steward and Martial, Two shillings.  
For the writing thereof, and of every decem tales, and of every Retraxit to the Prothonotary, Six pence.  
For the allowing of every Writ of Procedendo, to the Steward and Martial, One shilling and eight pence.  
For the Entry thereof, and of every Continuation, and for the Assigning of an Obligation for Appearance on Record to the Prothonotary, Eight pence.  
To the Marshals man for keeping the Jury, One shilling.  
To the Hall-keeper, One shilling.  
To every Councillor at Law for his Fee, Five shillings.  
To the Crier for Proclamation of every Jury, Six pence.  
To the Attorneys Clerk for every Bill of Costs, Eight pence.   

For ordinary Fees to be paid by the Defendant.  
FOR the Knight-Marshalls Fee upon every Arrest, Three shillings and Six pence.  
To the Prothonotary thereupon, Ten pence.  
To the Keeper of the Prison thereupon, Four pence.  
To the Turn-key thereupon, Four pence.  
For every Bail in Court, and every Bill to the Steward and Knight Martial, One shilling and Four pence.  
For executing every Writ of Scire facias, to the Crier, One shilling.  
For the Copy of every Record, to the Prothonotary for every Sheet thereof, Four pence.  
To the Crier for every non pros, four pence.  
For every Venire facias, Habeas corpora, or Distring as Juratores per proviso, to the Steward and Knight Martial, One shilling and Eight pence.  
For writing thereof to the Prothonotary, Four pence.  
For executing thereof, to the Crier, Two Shillings.  
For the Return thereof to the Prothonotary, One shilling.  
For the keeping the Jurors thereof, to the Crier, One shilling.  
For every Non pros, and every Allowance of Habeas Corpus, Writ of privilege, Supersedeas, and every other such like Writ, to the Steward and Martial, One shilling and Eight pence.  
For the Entry of every one of them, on Record, to the Prothonotary, Eight pence.  
For the Return of every such Writ to the Steward and Martial, One shilling and Four pence.  
For writing the Return thereof, for every Action to the Prothonotary, One shilling.  
For the Allowance of every Writ of Error, to the Steward and Martial, One pound.  
For the Prothonotary for Entry thereof, Two shillings.  
For every Writ of Supersedeas, Two shillings and Six pence.  
For Certifying of Records to the Prothonotary for the writing of every Roll of Parchment thereof, Six shillings and eight pence.  
For Correction of every Prisoner, in Execution, to the Keeper of the Prison, One shilling and Six pence.  
For the Prothonotaries' Clerk's Fee thereupon, One shilling and Six pence.  
To the Turnkey thereupon, One shilling Four pence.  
For the Prothonotaries Clerks Fee for the Entry of the Cause of Suit, and Release of every Prisoner, Four pence.  
Upon every Obligation of Appearance of the Prisoner to the said Clerk, Six pence.   

HAving thus set down the Fees of this Court, that all Clients may know their certain charge without the trouble or danger of Exaction, and to show the reasonableness and easy Rates thereof to what is used in other Courts, it will not be amiss after this litigant part of this Court is thus described, to speak a little of its Jurisdiction by way of Indictment, and reference to to the Peace.  
You may know therefore, as the Learned Lord Bacon saith in his Charge given to the Verge, that these four things are cognizable and Inquirable in this Court, as well as in any other of the King's Courts at Westminster or else, for all Matters and Trespasses committed within the circuit of the Verge  
First, All manner of Offences against God and the Church, contrary to the Statutes made against them, as Sacrilege, Blasphemy, Recusancy, Separation, and the like.  
Secondly, All manner of Offences against the King and the State, (more particularly the Person of the King) as Treasons, Conspiracies, Riots, Tumults, and other lesser Offences of the same kind and nature, and Generally whatever disturbs the Public Peace.  
Thirdly, All manner of Offences that are capital, and reach to the Life of the Offender.  
Fourthly, All manner of Offences not capital, extending to Fines, Imprisonment, and Loss of Limbs, Pillory and Whipping.  
All these particulars were usually heard and determined at Set times in the Year, by the Lord Steward himself in person, but of late by Commission, which as it hath taken something from the Honour, so hath it added to the Strength and Execution of its Authority; so that you may see, as hath been said, that this Court hath always been had in great veneration and respect.  
It remains that something should be said touching Attatchments, Sequestrings, Distresses. Replevins, etc. as likewise of Wagers of Law, Demurrers, and other such Legal Defences; and the Method and way of Proceeding in this Court in such Cases; but because there is little variation here, from other Courts in the same Matters, save a due disproportion in Fees, not very considerable; and because the practice is more frequent in Corporation-Courts than here they are omitted in this little Treatise, which is intended for no prolix Repetition of that which every person is supposed to have some understanding in, or may easily attain it by former Directions.  
Thus have I concluded the Account of this most Ancient and most Honourable Court, having been the larger in deducing its Jurisdiction, because of the petty mean conceit and estimation people generally have had thereof, (though its Decrees are as valid and binding as of any of the Benches of Law at Westminster) desiring the Reader to accept of this Endeavour in good part, and wherein it is not fully satisfactory, to help it by his own observance, which a small practice or Suit will enable him to make therein. But before I have done, you must note, that as to Juries and Jurors this Court is not limited to Freeholders, but may be served by any sufficient Inhabitants within the Verge; which also is not limited and confined in this or any other Residence of the King's person, which alone makes the place he stays at a Court; but wherever it shall happen for pleasure, convenience, or other causes, as Sickness, Infection, and the like, this Jurisdiction followeth His abode, and may be executed in as full & ample manner within any 12 Miles of His abode and habitation; though for the Honour of the King's ancient Mansion, near this His Imperial Chamber, the Cities of London and Westminster, in all removes of the King and His Court, the Law proceeds here, and Trials are had, and Judgement and Execution as of course, and as used before.  
But there must be a special care used by the Marshal's men and other his Officers, that they pass not the Verge in doing or executing any Process or Judgement; for there is a Statute to the contrary, made upon complaint of the exorbitant actings and unwarrantable proceed in former times: And as 'tis a Maxim and chief Sanction of the Law, that the King can do no wrong, so especial care is to be had in the administration of this Judicature, that His Subjects receive none, being so nearly under his eye and protection, and his Court supposed by the Law to be a sanctuary and shelter from all injustice and oppression: So that there is no fear of injury and Fraud in this Court, in regard the King is in some sort more personally present here than in other his Judicatures.  
I thought to have added the Names of the dictinct Offices and Officers belonging to this Court for further satisfaction, but I must not swell the Book, which hath exceeded its first designment.    
FINIS.