A WHIP For the marshal's Court, and their OFFICERS. The Petition of ROBERT ROBINS Gent. to the House of Commons, Against the Abuses practised in the marshal's court. AND A Discovery of the Jurisdiction and privilege of that court, with some of the particular grievances, the Subjects suffer under the pretended Authority thereof, maintained by ill Members of the commonwealth. Written for the relief and redress of all that have, or hereafter shall be Arrested, or wronged there, with directions where to repair for advice and Assistance therein, And how, and where to get restitution for the same. By RO. Robin's.  
London printed for the Author. And are to be sold at the sign of the three Pigeons in King's Street, Westminster.   

TO THE READER,  
SIR.  
HAving by the malice of the false and cruel marshals men's perjuries, an opportunity to ●ivulge what I long since intended, their false swearing the last Term, procuring me a Prison, leisure to manifest the jurisdiction of that Court, and to discover some of their abuses, and vile extortions by the assistance of the Printers press to your view, hereby entreating you to perruse this little book, and then to repair to me, either in the fleet, or at the three Pigeons in King-street Westminster, where I shall not fail to be, and satisfy you the true course that the Law of England hath in this Case, provided whereby you may recover not only what expense or charge, or sums of money it hath cost you, or you have paid by any arrest or suit there, but also damage for your false imprisonment thereby sustained, by due and just Course in Law (every Arrest by a marshal's man made being clearly (as I shall show you) false Imprisonment, And I shall show you judgements, for precedent in the Case, and shall let you farther to know where to levy any judgement upon Persons whose Estates are responceable until which time I am  
Your most humble Servant to Command: RO. Robin's. From my Iron Cage in the Fleet, 29th. of August 1647.   

A whip For the marshal's Court, and their OFFICERS.  
ABout a year since at the Sessions of the Peace for Westminster holden in Westminster Hall before the King's majesty's Justices of the Peace sitting there in open Court by good advice of council, I Indicted two of the marshal's 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 detained me in their Custody, until I did deliver them five shillings and six pence, lawful money of England, of my own proper moneys numbered, 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 seem to join 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 privilege, And take away the abuse of it, to which I condescended (though contrary to my opinion) knowing and acquainting them that I could very well do it at Common Law, if I could once come to a trial at the Common-pleas bar, with them concerning their Jurisdiction to hold plea in actions between party, and party, not being of the King's house, and their extorted fees, which Petition I herein, verbatim set forth, being drawn in my own name, on the behalf of all the Inhabitants in general, within 12. miles round, about the sitting of the same court, within which is their pretended verge, and for the avoiding of Tumults and crowds of People to wait 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 grieved communality live under by that Court.  

To the Honourable, the Knights, Citizens and Burgesses, Assembled in Parliament.  
The humble Petition of Robert Robins, Gent. showeth.  
THat your Petitioners by the desire of his majesty's Justices of the peace for the City, and Liberty of Westminster, at a general Sessions of the peace houlden in Westminster Hall, about a year since, as also by the request of many of the Inhabitans within the said City and Liberty, and divers housekeepers aswell Commanders, Gentlemen, and others, and especially poor Tradesmen within twelve miles about London, doth present unto your honour's consideration the intolerable misery and oppression they live under in a perpetual daily fear of arrests, by a pretended Jurisdiction of a Court, called the marshal's Court, alias, the Court of the King's palace of Westminster weekly on Friday's houlden in Southwark, contrary to the laws, and Statutes of the kingdom, kept by Colour of a patent granted by the King's majesty to Sir Edward Sidenham Knight, Martial of England, under the old Great Seal of England, since the twenty second of May, 1642. Which patent is by virtue of an Ordinance of both houses of Parliament concerning the Great seal of England void; The great and heavy pressures thereby▪ laid on the Shoulders of the freeborn Subjects of this kingdom as well Inhabitants as Lodgers, and Country gentlemen here in town, about their affairs, and within twelve miles about London (which is within the verge of that Court, as the marshal's men, Steward, Attorneys and others their Officers, very untruly affirm, justify and maintain) are so violently, injuriously, and extortiously, and contrary to the known laws, and Statutes of this kingdom, 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 cruel jail, starved and die And the Parliaments Commanders attending here for their arrears, for their good service done, notwithstanding their extreme wants are by the marshal's men daily arrested and forced in that prison, to take up their quarters for life, for the prevention where of, and for the relief of all freeborn Subjects that desire to live under, and be governed by the ancient and good laws of England.  
Your Petitioner humbly prayeth, That your honours will be pleased to order that the said Court may be, and continue in its just jurisdiction, and priulledge for fees, and all other rights perquisites and pleadings, and to the same intent and purpose as it it was first ordained for, provided and granted by the several Acts of Parliament, and that the late patent granted to the said Sir Edward Sidenham and all other patents, and authority they sit by, contrary to the first institution of the several 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 relief, and in the interim the Court silenced from their proceedings there, until its ancient jurisdiction be fully settled, and the corrupt proceedings taken away.  
And he shall daily pray, &c. RO: ROBINS.   
This I do manifest and declare to all that will lend a judition and gentle aspect, and audience to what I have here with a candidheart, at my great cost and charge, and disgraceful reproaches, and hard imprisonments delivered, not doubting, but to see the distressed communality to reap plenty of the fruit of my sad labours as the neighbouring inhabitants by my pen and person, do from the hands of serene Justice, beg, and implore cordially assuring myself, and them that a gale of westerly wind is at hand to blow off those Caterpillars, from being so near our seats of Justice which will be a means to preserve much of the wholesome fruit of the Law from their rapines devowrings, spoils and perjuries to feed the poor wronged and greeved Subject with, and it will undoubtedly afford more good wholesome and joyful nourishment to both souls, bodies and estates of the oppressed and wronged people then the marshal's prison begging basket.  
The first institution of this Court, called the marshal's Court, or the Court for his majesty's House, was by a grave and learned counsel 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 ignor●nt that all his majesty's menial Servants now are, and in all former ages have been, and according to the ancient customs of England, (a laudable custom) ought to be protected by the Royal protection as necessary Servants to the Kings most Excellent Majesty, who sways both the sceptre, Sword, and Mace of this and his other two kingdoms, and by them and the laws, rules and governs his Subjects under him, and thereby preserves, and maintains the causes of the Pious, Honest, Just, pooer, abused, wronged, oppressed, and distressed Subject: And with the same cuts off, stumbling-blocks to the ground, and lays stat to the earth, the wicked, proud, unjust, malevolent, and ungodly oppressors, & extortioners, and such wicked persons; And no servant who enjoys, or aught to enjoy this privilege of protection, is or aught to be Arrested, Sued, or impleaded, molested or hindered, from his employment in his majesty's service, for or by reason of any Suit, Action, or molestation, or pretence whatsoever, in any Court (except in cases criminal) thereby violence, taking such a servant from his majesty's service, and by that means (if tolerated) his majesty's cook may be taken out of his Kitchen, when he is prouding, & dressing his majesty's Dinner, & so consequently, all his other Servants may in the like manner be taken from him, and by such means 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 ● Contra saith the Subjects, were a sad condition for us, and much suffering, and loss must of necessity follow to our disadvantage, if this protection should be allowed of, and defended, for then his majesty's Servants will be lawless, and may by cunning and sinister ways, and false and deceitful means 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 merely cheated, which no doubt that wise council & parliament hath already very satisfactorily answered and resolved, that is, they have ordained, and constituted this Court called the marshal's Court, or the Court for his majesty's House, and menial Servants, and none to sue, or be sued in that Court, but either the plaintiff or Defendant must be one of his majesty's meaniall Servants, and the Knight Martial and Steward are the Judges of that Court, as appears by the contents of the several Statutes hereafter following in his verbis, viz.  

That the Steward and Martial shall not hold plea of any Covenant, or any contract made between the King's people, nor of debt, but only of trespass done within the King's House, or verge▪ but of such contracts and Covenants that one of the King's House maketh with another of the same House within the House, and not else where, and they shall plead no Plea of trespass, except the party were attached, by them, before the King departed from the verge where the trespass was committed, and shall plead them speedily from day to day, before the King depart out of the limits of the verge, where the trespass was done, and if so chance that they cannot be determined within the limits of the same verge, where the trespass 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 only as be of the King's house, nor shall hold no other plea, by obligation made by a distress taken by the Steward or Martial, 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 personal, be commenced betwixt any persons not being of the King's house, though the Record do make mention that the plaintiff and Defendant in the same plea be of the King's house, yet the defendant shall not be estopped by such Record but may have his Averment that he himself, or the plaintiff were not of the King's house, at the time of the Plea, or suit commenced. 15. H. 6.1,  
In all places where the King in his own person, shall come to rest, abide or make repose within the verge limited to his grace's Court, which shall not pass the space of twelve miles, to be accounted from his majesty's lodging (13. R. 2.3.) his Steward Martial, and all other Officers may keep their Court of Justice, and execute, their Offices which shall appertain to them, according to the laws, customs, and Statutes of this realm, as well within liberties as without during the time of the Kings abode any privilege or grant notwithstanding ●1. H. 8.24.  
In every case where inquests be, to be taken, before the Steward and marshal of the King's house, such inquests shall be taken by men in the County thereabouts, and not by any of the King's house, except it be of contracts, Covenants, or trespass made by such whereof the one part, and the other be of the King's house, and that in the same house. 5: E. 3.2.10. E. 3.2.  
If any man will complain of Error made before the Steward. and marshal of the King's house, he shall have a writ to remove the Record, and the process into the King's Bench, and there the Error shall be redressed 5 E. 3.2.10: E. 3.3.  
The marshal of the Marshalsey of the King's house may take the Fees hereafter following in open Court, that is of every person which cometh by capias to the said court, four pence, and if he be let to main prize until his day, two pence, and of every person being Defendant, which is impleaded of trespass, and giveth manucaptors, to keep his day to the end of his plea, two pence, and of every one committed to prison by the judgement of the Steward in whatsoever manner the same be fourepences, and of every person delivered of felony, four pence, and of every felon, let to mainprize by the Court fower-pences, But if the marshal or any of his officers under him do take any other Fee, than before are declared, the said marshal and every of his Officers shall lose their Offices, and also shall pay to the party grieved treble damages for the same for which the said party shall have his suit before the Steward of the said court, for the time being a Serviture of bills (now called the marshal's men) which beareth a staff of the said Court: shall take for every mile from the said court unto the same place where he shall do 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, all which articles the Steward at his coming into the Country, hath authority to proclaim and put in execution. 2. H. 4.23. And priests and other ecclesiastical persons taken in the Marshalsey of the King's house shall 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 King's house for the time being 33. H, 8.12.   
Very much more I could set down concerning the Jurisdiction of this Court, in cases of batteries, blood sheds, and other misdemeanours which I conceive not fit to be here inserted, in respect my intent is only to treat of, and manifest the matter of arrests pleadings and power of holding Plea, in that Court of Actions between party and party, as now they do.  
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 than the Statutes do allow, power to sue the Extortioner in action of Debt for forty pounds which he shall recover by trial at Law, and twenty pounds thereof his Majesty is to have, and the other twenty pounds the party wronged, and that sueth for the same is to receive, this I shall show all men that are wronged and desire relief, and restitution of their injury, if they will be pleased to repair to me, to be satisfied in it, with several other benefits the Law hath provided for, our good and quiet living, and enjoyment of our own▪ Estates and Liberties, and there is provided in them, punishment for those vile and unsufferable creatures, called extorting bailiffs, marshals men, and jailors.  
Now having here showed the Jurisdiction of the marshal's Court and their just Fees and privileges, and wherefore ordained, I am very confident that you are and may be satisfied, that that Court which usually sits every Friday in Southwark is of no validety, nor hath any power or Jurisdiction to execute that Authority which they wrongfully and unjustly do, upon the ignorant people every day, and that no process issuing out of that Court, aught to have obedience yielded to it, but is only a colour 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 mere cheat, and no better than plain English thievery.  
Now concerning the Fees usually taken by the Court and their Officers, as many as I know I will herein set down the particulars, viz. Their Writ two shillings and six pence, whereof there is eighteen pence paid, and the marshal's man coseneth the other twelve pence, which he calleth the advantage of the Writ and then this Writ must be executed, the marshal's man for doing it, must have ten or twenty shillings, otherwise he will not do it, nay he shall swear a hundred oaths in an hour, that the Defendant which is to be Arrested is a man very seldom to be seen, and a dangerous man and this he shall swear over and over again, that if it were not for the plaintiff whom he takes to be his special friend, he would not execute it for that money, no if it were for his own Father, and that he shall spend more in waiting for him, than he doth ask for serving the Writ, all which is false, for no sooner is the plaintiff gone, but he goes and fetcheth the Defendant, and so they two go to an Alehouse, and drink lustily, and so the marshal's man getteth money of him, and sometime taketh bail, but if it be one of his acquaintance, than he taketh a bribe and letteth him go, or if a beggar then to the goal, he is presently carried, 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 detain him for want of bail, he must presently give two sufficient housekeepers, bound with him in a Bond of forty pounds, or more, according as the marshal's man pleaseth, for his personal appearance the next Court, and this Bond is taken in the jailor's name, and not in the Knight marshal's name which ought to be done, and must presently pay five shillings and six pence, for the Knight marshal's Fee, and bail bound when there is but six pence due, that is two pence for admitting him to Manucaptors, and four pence for the bail Bond, there is you see five shillings extorted; And if for want of bail the Arrested be committed, his Prison his Fees are eighteen shillings four pence for the turn Key, (alias Dictus turned extorting knave) & there is but four pence due and (the eighteen shillings is extorted) to be paid upon the Prisoners discharge out of Prison, two shillings for walking in the Garden, to take the air, which makes the jailor heir, of an estate gathered by compulsive extortion out of both heirs, young Brothers, and beggar's Estates; Two shillings and six pence the Garnish, which is to be spent in beer, in the Seller of the Prison, this makes the Tapster rich, giving so much per barrel to the jailor for drawing the beer, five shillings a week for a Chamber, when the King commands Lodgings, Bedding, Candlestick, Chamber-pot, basin, and four pence a day in all his Prisons, to be given to the Prisoner, otherwise the Prisoner for Debt (which is an honest man's case, or a Prisoner upon a commitment by a court of justice, and commonly not deserved) is in a worse and sadder condition, and case then a thief or felon, who is allowed so much, and shall a poor Debtor or an imagined misdemeanour have no thing, than the felon is far before a Debtor or misdemeanour in respect he is at every Sessions following, his commitment, (except in some special cases) either condemned to die for his fact, if proved or set at liberty, and the others must lie and starve by degrees, a lingering 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 kingdom, for want of relief and Justice, yea, swear, curse and blaspheeme their God, the mother in such case to eat her own Children, as in Jerusalem, to eat their own dung, their shoes their own flesh, and what not, this is a pitiful punishment for nothing that a poor prisoner is forced to, so horrible, is a starving life, till the grave cures, yet Magna Charta doth not compel any to lie and die in prison, for debt or misdemeanour, but otherwise provides relief 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 than starve them, A multitude of other just demands, the poor prisoner is forced to pay, or else to lie and starve, as it is a usual thing with jailers, for prison sees, be the parties never so poor, and not one penny so demanded due, to detain them in this kind, and when he comes to Court to give bail, he must pay five shillings ten pence, when there is but two pence due, This is the nature of their proceedings in that Court, by which means they pillage and rob the poor country 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 keep is not the marshal's Court, but the Court of the King's Palace of Westminster, granted to them by patent bearing date at Canterbury, the twelfe day of July, in the sixt year of King Charles his reign, 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 than Judges of the King's Bench, Common-Pleas, the Barons of the Exchequer, and Mr. Noy his Majestifs then Atorney.  
To which specious pretence of theirs I answer that the King's bench where the King sits himself chief Justice, held in Westminster Hall; where other judges of that Court, sit as assistants to his Majesty for the matter of Law, is the Court of the King's palace of Westminster, held, in the palace of Westminster, in the great Hall there (formerly the Court for his majesty's house) and that the King's Bench ●s the Court of the King's palace of Westminster, is evident by all the Statutes concerning that court in the Statutes at large, to be seen and read. And the than Judges, Barons and Mr Mr. Noy were no Parliament and therefore could not repeal the several acts of Parliament that settled the marshal's Court of the King's paliace of Westminster, thereby to take away the power and Jurisdiction of them two courts to make a clear power in the King to dispose of them by this new patent, and all the World knows that King and Parliament must repeal Acts of Parliament otherwise they are still in force and where any thing is by his, Majesty granted; and confirmed by Act of parliament, the jurisdiction of that gift be it just or unjust is good until 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 says, that is the City of London and all other cities, towns, and Ports shall enjoy all their free charters, and customs, without encroachment of any power whatsoever, and this was long before the patent of Sexto Car. and therefore by the way of goods advice let me entreat you good Mr. Win, and your servitures by virtue of that patent not to infringe Liberties and corporations, any more for if ie be any longer continued, some body must account for it.  
Now to come to the manner of their proceedings, which are as hereafter according to my knowledge I will declare.  
First their original process, is an odd Writ called a Non omittas, which put spirit into the heart of the marshal's man (as in this case is requisite to put a good face upon a bad matter) that he hath more power than the sheriff of each County upon an original process 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 swear and drink, and domineer, that he is a brave fellow, and he hath a non omittas, and swears 40. or 50 oaths one after another, that he will enter any liberty within them, five Coun●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 bear him out in it, and the sheriff durst not do so, and why will not every one sue within their Court and verge (when indeed there is neither verge nor power, and not at Common-Law, for there they shall be sure to recover, this is the marshal's man's carriage with his Writ.  
This Writ of such force, power and strength; I will verbatim here write down, viz.  

Carolus 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 jurisdictionem Cur. prid. quin capiatis, sen aliquis vestrum capiat per Corpora sua johanem Doe, et Ricardum Roe si invent. fuerunt infra jurisdictionem Curie pred. infra tres Septimas tunc prox. sequen● 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 johani Stiles in Plito. transgr. et heats. ibm. tunc hac bred Teste Edvardo Sid●nham mil●▪ apud Southwark, undecimo die Decembris, Anno Regni nostri vicesimo secundo.  
Shetterden.   
This writes being blanks signed in their Office at Clemens inn by Master Shetterden their Prothonatory (a wise court to have a Prothonatory only to sign writs, not able to draw a a plea, but to give 2500 li. for a place and pick it up again by these writs, where the marshal's men on this side the Thames usally fetch them, or send for them, sending to the Office the names of the plaintiff, and dtfendant, to be filled and entered but at general times and almost commonly the marshal's men have these writs blank in their pockets and a seal of Office being a Parcullis and wax, and so they fill them seal 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 writs, of which their pockets are commonly full, and raise fill and execute them (this is but forgery and false imprisonment) and detain the prisoner arrested, by that forged and raised writ until they can end the business which they will endeavour, and by that means the arrested is drawn into a fool's paradise, thinking them to be as honest men as may be, which invites him, if a stranger, to put trust in him, and the marshal's man perceiving the arrested to put some confidence in him, swears himself to be as honest a man as any in England though he be a marshal's man, and the arrested believeth so, and thanketh God that he is happened into an honest man's hands, seeing it was his fortune to be arrested, and he is very confident that the marshal's man will end his business, which the marshals man binds with a multitude of oaths, and that he doth not desire to gain one farthing by it but for quietness sake to make neighbours friends, he will be contented to lose his fees, and then the marshal's man's man comes in swearing as God shall Judge him there is not an honester man in England, than his Master, & he hopes his Master and he shall make an end of the business, for what fools are men to go to Law, so long as neighbours (who I thingke are fools indeed) may end it, and if they go to Law, the lawyers will get all the money, and for his part he will have nothing for his pains, and fees, so there may be a good end, which he heartily wisheth, and so he will drink to the arrested, and caleth for another flagon, or a half douz●n of beer, (which the arrested must pay for) and professeth that his master and himself are two of the honestest men in England, and no harm in them, (no, no more than in a devil of two years old) but wisheth all peace and quietness, and if they cannot effect it this way, than they send to the Office for a new writ, which is filled and entered before the arrest by the registers man Thomas Greenfill by which they force the arrested to give bail, or they will turn all their friendship into rigour, and carry him▪ if not moneyed, to prison, saying they forfeit their bonds, if they keep a prisoner above six hours, but if he hath money and will pay them well, and that he will hold his peace and not reveal it, than they will do him the best courtesy they can, and he shall lie in their house till he can take a course to end his business or give bail, 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 gone then his cloak or some other good thing, and at last he cannot keep him any longer, but must go to prison unless he will have the marshal's man undone for him, and he hath done as much as he can, and he is sorry for it, but cannot help it, and any thing that lies in his power he will do, and swears lustily to it, and will be one of his bail so he can get another, so the poor prisoner is merely cheated, this is their custom, but if they compass the business, as commonly in such arrests they do then they take the fee for the writ, that is to shillings and six pence, the Knight marshal's fee, and bail 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 benefit 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 appear the next Court, and put in bail which will cost five shillings and tenpences, when there is but two pence due, and must also give two sufficient housekeepers bail 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. Johannes Doc quer versus Richard Roe, implito. transg. or transg. super casus or the like ad dam▪ 20. l. or the like, and this is all the Declaration commonly they have before the trial, than the next court the defendant must answer, and so they proceed on, in this Arbitary horse trot way, wherein is neither sense 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 custom of that Court than they enter judgement in this form, viz.  

Curia Domini Regis Palatii Regis Westm: tenta apud Southwark, 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 July, Anno regni sui sexto, Memorand. quod alias silicet, ad curiam domini Regis Palatii Regis Westm: tenta apud Southwarke in dicto Com. Surrey infra jurisdictionem 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 johannem Avery, unu. portator. veigarn. officiar. et Minister. hujus curie gen. presen. hic in Curia in propria persona sua de cod. hospitio non existen. in plto. deb. et sunt pleg. de proso Io. Do: et Rio. Ro.   
And so they go on in the form of the Common Law, in entering their Judgement, and for the executing of it, issue forth a fieri facias, or a Capias ad satisfac. returnable within a year and a day after the Test.  
To give you an account of some of the erroneous proceedings of that Court in the writ and Exordium of the Judgement formerly by me set down, and how all their Arrests are false imprisonment trespass and batteries, and the & fees money so taken extorted and forced from the Arrested, I intended to satisfy you in some thing, but not in all part lie in respect, I cannot here in my Iron Cage procure the year books, Dyer, Cook, and such as you should have Cited, and partly I hold it sufficient to tell my enemy, I will fight with him, and that I challenge him as I do now again the marshal's Court, or that Court Mr. Henry Wyn is Steward of, if they durst come to a fair trial with me at the Common Pleas bar, concerning the Jurisdiction of that Court, to hold plea in actions betwixt party and party not being of the King's 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 ways or means I can use, though it be by many costly & troublesome Law, Suits or otherwise receive one penny thereof, for if I should set forth all that I know, and can make appear of that Court, it were to arm my enemies being Rich and numerous, and leave myself in a kind of naked condition, my estate being most in other men's hands, and a stranger in Sodom, and friendless Gomorah, yet I fear them not, for my heart is good, and just, my Actions honest, and my ways straight, and one that have not done any wrong, but can boldly dare that man who ever he be, or ever so rich to meet him in any place, and with the spirit of truth tell him thou liest, if so be shall divulge any thing that may carry the least species of dishonesty, or scandal against me, I serve and fear my God, and love all honest people, and know not to day whether I shall see to morrow, and love Heaven better than money, not fearing death, counting him an insinuating knavish Scicophant that knows 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 guarded more than regarded, and watched both night and day, where myself with many more causelessly gaze away our time, thinking what Law hath produced such a heavy burden in the bowels of one house, and when to be delivered, into the new part of the old City, there to be rebaptised, by the name of goal Birds, amongst our scandalous enemies, to the honour of our Nation, that Gentlemen shall have new Titles, in this time of Reformation.  
But to return to my old work, of the marshal's Court, I will satisfy you every one, if you will repair to me, in whatsoever point you conceive dubions concerning the jurisdiction of that Court, and in what manner you shall ground your Actions for Recovery which shall be so fixed as upon a Rock, and also make it appear so clear as the Sun at noon day, that every one that hath been 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 known to yourself, 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 account of it.  
Secondly, note the nature of the Writ of such power and force, being directed to the carriers of the rods of the Office of the Ministers of the Court of the King's palace of Westminster, where ipse facto there is no such Officie (but they that make this Writ tolerate, sign, seal, and execute, it had need of A Thousand rod carrier's, and beadles to whip them out of this piece, which may be would put some better law into their heads, or beat them into more wisdom and honesty) and to let you understand a little more, the court of the King's palace of Westminster is the court of the King's Bench, and they have no such offices as rod carriers, but tippstaves, & the carriers of the rods, are the Knight marshal's men (as I have formerly proved by the statutes) deputed by him to serve the process of that court, by virtue of their capias with their rods in their hands, livery coats upon their backs, and cognisances upon their sleeves, this should be their garb, and by this they are known to be officers, and every one who is by him arrested, aught to yield 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 knows the jurisdiction of that court, called the court of the King's palace of Westminster which they hold in Southwark) quin capiatis &c.  
By virtue 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 illegal Writ of Non ommittas, full power and authority to justify any arrest within twelve miles about their Court in any Corporation or Liberty in these sive Counties, as in London, where 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 week in the liberties of the Tower, White chapel, St. Katherine's, the Dutchy-finsbury, the burrow of Southwark, the Clinke, St. Giles, and many others; I am confident you are not ignorant how that no inferior Court can grant process out of one County into another, as this Court doth (except the marshal's court for the King's house, which Court is always to attend his person wheresoever he goeth, and this is by special Act of Parliament and not by patent or Common Law) And none of the King's superior courts at Westminster. can do it but with special direction to'th Sheriff of of each County, who is to make return of all such writs, and here they arrest in general, in the five several counties by one writ, and the sheriff never hath any knowledge of it, or of any such Writ (a horrid boldness) 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 l●berties endeavour the prevention hereof, though their oaths binds them to it & know and see it oftener than myself and yet are silent, I doubt gentlemen your silence herein is perjury, and let me entreat 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 will call you by good statute law provided for Newtralist-resiants, and Officers) to account for it, and be no looser by the bargain, and if you love your souls [being warned] hereafter to discharge your Offices with a regard to your oaths and bring these marshal's men to condign punishment for such offences, and transgressions, and note that if custom or toleration of this evil once become a Law by perscription any man that can prevail, may get a patent from his Maj. to have the same power over all the kingdom, as this marshal's Court hath within the five Counties, for if his Majesty have power to grant such a patent for twelve miles, there is in his Majesty the like power de die in diem, to grant patents of the same nature for twelve hundred miles if the kingdom were so large, and so consequently all the Courts, Jurisdictions, Charters, laws privileges and rights of the Subject, so long enjoyed, and by Magna Charta by so many Kings confirmed upon us utterly overthrown▪ and wholly 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 erroneous writ is this, the Law cannot any way warrant such a return, but there a turn must be the next court after the test, and they keep their court every Friday, and so the return cannot be, but from Friday to Friday.  
If this return of theirs were law why cannot the King's bench or common pleas issue forth writs bearing test in Trinity Term to be retornable in Easter term following, 'tis all one and the same law, and if an inferior court can do this, why not a superior Court, if any attorney. Be it of the King's bench or common pleas should make such a writ, he would be thrown over bar, and imprisoned for it, as he should well deserve, and so consequently if this were law, an Attorney might make a writ tested last term, and returnable seven years since, and arrest any one by virtue of it presently after the writ issued for upon a pretended account of ten thousand pound, and for want of bail the arrested must lie in prison, until the return of the writ,  
Fourthly they command the body of the arrested to be brought before the Judges of the Court, of the King's palace of Westminster which is a strange power in my opinion, that the Knight marshal by virtue of his writ out of that court held in Southwark should command any man to be arrested and carried to prison, and his appearance to be before justice Bacon or justice Roll at the term, which is the court time of the court of the King's palace of Westminster, when their tests are not to the writs, they being the Judges of the Court, of the King's palace of Westminster, but the test of this writ is by Sir Edward Sidenham, he having nothing to do 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 Martial, as much as concerneth him in that Court, and the benefit thereof long since sequestered, and taken from him by the Committee of Sequestrations in the County of Surrey, and let to another for about thirty 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 itself, 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 traitors, and he being a Delinquent, I conceive him to be within compass 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 traitor's name, and if tested by a traitor, than the Writ is clearly void and of none effect, and what man will be so base and unworthy a fellow, to yield obedience to traitor's test or command, thereby confederating with him, It will be objected that the Chancery, King's Bench, and Common-Pleas writes bear the Test of the Keeper, and chief Justice after they be came Delinquents, which is true, but not after their Offices were sequestered and taken from them, for then the Committee for obstructions, Justice Bacon, and Justice Reeve bore the Tests of the writs, Moreover Sir Edward Sidenhams patent is void into several ways, by which he is made Knight Martial, first his patent is not enrolled in the rolls here in due time, and secondly it is past under the old Great seal at OXFORD, which by virtue of the Ordinance of both Houses of Parliament is void, that Ordinance declaring all grants, patents, &c. past under the old Great seal 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 Martial, who was at Edgehill, the twenty third of October following killed, after whose death Sir Edward Sidenham had his patent to be Knight Martial sealed with the old Great seal. So the whole foundation of the Court is destroyed, the Knight marshal not being Knight Martial whose Test is to the writs, and also the marshal's men have no Deputaion from the Knight Martial, which must of necessity be otherwise, they are no marshals men, and so all their Arrests every way false imprisonment, and let all men judge if that Court hath not ruined itself.  
Fiftly, their writs run to Arrest John do, and Richard Roe in an action of trespass, 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 bail to, and wherefore shall not I have Costs upon that Action by nonsuit if not declared against, according to the first process, 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 piece of non sense and not coming near 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 lawful proceeding is slighted, and instead thereof puts the poor Defendant by lawless and irregular rules and other by blows, to a very long attendance, and much cost, and lately one Gilbert barrel one of the Attorneys of that Court hath found out a quirk which he pretends to be Law, to preserve the plaintiff 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 demur to the Answer, and so the Judgement shall pass against the plaintiff, and that Court gives no cost upon a demurrer, this was his client Bowers his case against Mrs. Carter, and thus in an odd erroneous way, and kind of proceedings they go on, and when they are to enter judgement in any Case, this is their Exordium which I have litteratly set down formerly, out of which have observed one pretty passage, and the like is in their writ, which I will only mention, and so endeavour a Conclusion.  
Note they make their writ retournable before the Judges of the Court of the King's Palace at Westminster, of which Court Mr. Win pretends to be Steward, and Tests it with Sir Edward Sydenham's Test, Knight Martial, and so join both the Court and Steward, and Knight Martial together.  
And for their Judgement they begin with Curia Domini Regis Palatii Regis Westm: &c. Which Court is not the Court of the King's palace at Westminster, but the King's Bench is the Court of the King's palace of Westminster, as I have formerly Declared and cannot be held in Surrey as aforesaid, unless 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 join their two courts in own to make as they say a vis unita fortior, and need they have to if that would help, 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 majesty's house, and is not this able to trouble Mr. Win, that the power of two Courts cannot make one, yet nevertheless he marrieth them both together by which means money enough will begotten if the spawns of that Court, the marshal's men, be careful to sow Sedition enough, between the scolds, bawds, and Whores, within their verge, from whom most of their living and benefit comes.  
The last of my exceptions that I intend at this time in this book to set forth; is to entreat you to take notice of their executions retornable within a year 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 years, I do not think 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 term to term.  
If a man could but have the full view of their proceedings, I am very confident he should discover more errors in one day than he could with his pen divulge in a year.  


Civitas Burgus et Vil. Westm. in Com. Midd.  §. Apud generalem Session. pacis Domini Regis tent. ibm. Die Lunae existen. undecimo die Januarii, Anno Regni Dn. mi. Caroli nunc Regis Angliae. Etc 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 alleged to be a marshal's Man, or Servant to a marshal's man, be suppressed from keeping a victualling House any longer, and that from henceforth he shall not sell or utter any beer or Ale whatsoever by colour of any licence or Warrant made him by this Court, or any of his majesty's justices of the peace within this city and Liberty, and that from henceforth no person who is, or shall be a marshal's Man be Lycensed to keep a Victualling house to sell beer or Ale, within this Liberty but that all lycenses granted or to be be granted to any marshal's Man, shall be ufterly void to all intents and purposes whatsoever.  
per johannem Jackson.   
There is also an Order granted at the Sessions at Hicks-Hall, that no marshal's man or bailiff shall keep a victualling house in the County of Middlesex. But that all such lycenses granted or to be granted to any such shall be to all intents and purposes void.  
I wish all the Sessionses in the kingdom 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 pleased, when men do cease from sin.  
If Earth be pleased, when thieves do enter in.  
If Hell be pleased, when she receaves a Knave.  
Then all be pleased, this Courts going to its grave▪   
FINIS.