First, of the Antiquity thereof.

FOr the Antiquity of this Court, it is as ancient as any other of the Kings Courts, if not ancienter: Curia sequi­tur Regem, The Court followeth the KING; and it is therefore pe­culiarly called the Pa­lace Court, referring to [Page 4]the KINGS 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 [Page 5]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 appeare by the terme and name of this Court, that [Page 6]it was of the same neer beginning with the Bri­tish Soveraignty: 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 [Page 7]name is derived from our Language, as tha [...] of our Ancestours, 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 Marshall are Judges, and the Steward hath the precedency, yet the Court is called the Mar­shalsea for three causes.

First, the Marshall is not onely a Judge, but [Page 9]seeth 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 [Page 10] 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 notwith-standing 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 then 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 in­tituled Articuli super [Page 12]Chart 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 Kings Houshold.

Secondly, all Con­tracts and Covenants, which should arise in Controversie, if either of [Page 13]the Parties were of the said Houshold.

Thirdly, for all man­ner of Trespasses and Personal Actions arising within the Verge of the Kings Houshold.

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. Mar­garets hill in Southwark, and may be held in any other fit place within 12. Miles of White-hall.

The Judges, are, the Lord Stewards of the Kings House, and the Knight Marshal for the time being, and the Steward of the Court or his Deputy.

The proceedings in this Court is by Capias or Attachment, which is to be served upon the Defendant, by one of the Knight Marshalls men, who taketh Bond with such Sureties for the Defendants appea­rance at the next Court as he will answer for, at his perill, the Bayle are to be sufficient House­keepers within the Ju­risdiction [Page 16]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 [Page 17]within the Jurisdiction of the Court, to pay the Condemnation in Court, which if he neg­lect to do, the Plaintiffe 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 [Page 18]Plaintiffe, the Plaintiffe 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 Plaintiffe do declare against him then they go on to Issue and Tryall by a Jury, who live within the Ju­risdiction of the Court, [Page 19]according to the course of the Common-Law.

In foure or five Court days, commonly all your Actions come to Tryal, so the pro­ceedings of this Court are very quick and speedy, and at small Charges.

The Actions tryed there, are of Debt, Tres­passe, Battery, Slander, Trover, and all other [Page 20]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 Pallace 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 Marshalls man for executing or ser­ving it, One Shilling Four pence.

The Attorneys Fee upon every Declara­tion, [Page 22]Issue, Venire Fa­cias, and Habeas corpo­ra Juratorum. One Shil­ling Eight pence.

For the Warrant of Attourney 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, [Page 23]Issue, and knowledge of Satisfacti­on to the Steward and Marshall, 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 entring of every Is­sue, and every Verdict and Judgement, One shil­ling.

The Cryers 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 [Page 25] Prothonotary, One shil­ling.

To the Marshalls Man for executing e­very Venire facias, Two shillings.

For the executing of the Habeas Corpora, and distring as Juratores, to the Marshalls man, One shilling and six pence.

To the Cryer for warning of the Jury, Six pence.

For every Verdict and Judgement there­upon, to the Steward and Knight Marshall, Three shillings and Four pence.

To the Prothonotary for entring every Bail, Five pence.

To the Keeper of the Prison thereupon, A Penny.

For the Attourneys Fee upon every Bill of [Page 27] 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 Mar­shall, One shilling and Four pence.

For every Warrant of Attourney 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 [Page 29]every Declaration, Plea, Rejoynder, Sur-rejoyn­der, 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 Marshall, 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 Marshall, One shil­ling and eight pence.

For the Entry there­of, and of every Con­tinuation, and for the Assigning of an Obli­gation [Page 31]for Appearance on Record to the Pro­thonotary, Eight pence.

To the Marshalls man for keeping the Jury, One shilling.

To the Hall-keeper, One shilling.

To every Councel­lor at Law for his Fee, Five shillings.

To the Cryer for Proclamation of every Jury, Six pence.

To the Attourneys 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 [Page 33]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 Marshall, One shilling and Four pence.

For executing every Writ of Scire facias, to the Cryer, One shilling.

For the Copy of e­very Record, to the Prothonotary for every Sheet thereof, Four pence.

To the Cryer for e­very non pros, four pence.

For every Venire fa­cias, Habeas corpora, or Distring as Juratores per proviso, to the Steward and Knight Marshall, One shilling and Eight pence.

For writing thereof to the Prothonotary, Four pence.

For executing there­of, to the Cryer, Two Shillings.

For the Return thereof to the Protho­notary, One shilling.

For the keeping the Jurors thereof, to the Cryer, One shilling.

For every Non pros, and every Allowance [Page 36]of Habeas Corpus, Writ of priviledge, Superse­deas, and every other such like Writ, to the Steward and Marshall, 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 Marshall, [Page 37] 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 Marshall, 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 [Page 41]the trouble or danger of Exaction, and to show the reasonablenesse and easie Rates thereof to what is used in other Courts, it will not be a­misse 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 foure things are cognizable and Inquirable in this Court, as well as in any other of the Kings 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, [Page 44]Riots, Tumults, and other lesser Offences of the same kind and na­ture, and Generally whatever disturbs the Publick 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, [Page 45]Imprisonment, and Loss of Limbs, Pillory and Whipping.

All these particulars were usually heard and determined at Set times in the Yeer, by the Lord Steward himselfe 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 [Page 46]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, &c. as like­wise of Wagers of Law, Demurrers, and other such Legal Defences; [Page 47]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 [Page 48]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 [Page 49]meane 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 Ende­vour in good part, and wherein it is not fully satisfactory, to help it by his own observance, which a small practice [Page 50]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 Kings person, which [Page 51]alone makes the place he stays at a Court; but whereever it shall happen for pleasure, convenience, or other causes, as Sicknesse, 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 [Page 52]of the Kings ancient Mansion, neer 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 [Page 53]Marshals men and o­ther his Officers, that they passe 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 proceedings in former times: And as 'tis a Maxime and chief San­ction of the Law, that [Page 56] 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 neerly 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 [Page 57]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 designement.