coke b the case OF the marshalsea mich James the court of the Marshalsea have  no jurisdiction in assumpsit where neither the plaintiff nor defendant be of  the king household and if in such case judgement have be obtain against the  principal and one of the bail be arrest by process out of the Marshalsea such  bail may maintain a action for false imprisonment against the party who sue  the marshal who direct the execution of the process and the officer who  execute the same what jurisdiction the court of Marshalsea have at the  commonlaw before the Act articuli super Chartas and in what action and to what  place and person their jurisdiction extend a   light a roll Ant b Dall Perk  sect h a Br lease roll Rep   b h a b b Br surrender   b   a Kel b h a b Br  estopel b   a   a a a Kel a a Leon side roll Plo a a b hard Fitzherbert grant  Br exempt   a r a b c roll   a bull Inst d roll e roll f hob blow a   a   b    b more roll Rep Davis hob keb style hard lane coke report a er p when a court  have jurisdiction of the cause and proceed turn upside down row or erroneous  no action lie against the party who sue or the officer or minister of the  court who execute the precept or process of the court but when the court have  not jurisdiction of the cause the whole proceed be in person non judge and a  action will lie against they without any regard of the precept or process of  the action of assumpsit SC Brownl Brownl Inst Inst Bulstr Carthew Skinner c  Rep Q a Richard hall bring a action of trespass of assault battery wound and  false imprisonment against William Stanley William Richardson and Roger song  that they Jan year James king do assault beat wound and imprison and in prison  detain for the space of three month c the defendant as to all the trespass but  the assault and imprisonment and detain of he in prison plead not guilty and  as to the say assault and imprisonment c the say William Stanley and William  Richardson say quod curian be king peremptory or urgent call curian  Marischalci hospitality dom king be ancient curian Self dom king et ancestor  of oneself king England quod eaden curian holding a tempore pron  interrog   contrar memory man non step forth to hold tender to become used infra twig c  in person Seneschallo Curi Marischalci marischallo hospitality dom king pro  tem poor existen and that the same court from time whereof c have jurisdiction  to bold plead of trespass and trespass on the case infra hospitium prd et  infra twig the same hospitality fact and by all the say time within the say  court there be tam quidam Mariscall Marischalci hospitality prd how quidam  officiarii de Le baston of the staff infra twig hospitality speech dom king  who indeed marischall Marischalci hospitality prd et officiarii of the staff  pro tempore existen are et per totum idem time to be officiarii et minister  cur prd et quod in all respects short catalog prcepta the same cur to  distribute are et per totum time prd direct direct usital to be eiden  marischallo Marischalci quod ipse idem marischall Marischalci per see prd  officiarii of the staff per he mandat over as far as coke a fact to have a  toto tempore say in addition to habuer to have consuever executioner return  all omnimodor narrow places prcept warrant whoever a curian prd emanan  marischallo Marischalci prd direct the same Williel Williel et rogerus beyond  to say quod in curian prd to have toto tempore say in addition to to have  ankle custom videlicet quod si aliquan mask existen def in to some place plea  transgr in eaden curian penden in custodian marischalli mar hospitality  existen to be tradit in ball and prescribe to let the defendant to bail and  that the say William Richardson before the trespass and yet be marshal of the  Marshalsea of the household and the say William Stanley officer of the staff  and the say Roger song before the trespass know Jan James Reg in the say court  of Marshalsea of the household before Thomas war Esq then steward of the say  court and Thomas vavasor knight then marshal of the say household at Southwark  within the county of Surre within the verge c exhibit a bill against one  Thomas Ownstead then in the custody of the marshal of the Marshalsea of the  say household of a plea of trespass upon the case and declare that the say  Thomas be indebt to the say Roger in for diverse sum of money by the say  Thomas to the say Roger due and so be indebt to the say Thomas Jan James Reg  at Islington within the verge a promise to pay the say Roger the say upon  request which he have not do c whereupon the say Thomas be let to bail and the  say Richard hall and one Richard petty become his bail to which declaration  the say Thomas Ownstead plead non assumpsit c which issue be try for the  plaintiff and damage and cost assess whereupon the plaintiff in the same court  have judgement the plaintiff upon that judgement sue forth a precept in the  nature of a cap against the say Thomas Ownstead direct to the marshal of the  Marshalsea of the household who return non be invention whereupon the then  plaintiff sue forth a precept in the nature of a cap to take the body of the  say Thomas Ownstead or of Richard hall and Richard a where a party who be  plaintiff below justify under process of a inferior court it be necessary to  set forth in his plea that the cause of action arise within the jurisdiction  of the court Evans v Munkley taunt and Vid Briscoe v Stephens bing coke report  b er p petty accord to the custom of the say court ad satisfaciend c direct to  the marshal of the Marshalsea of the say household by force whereof the say  marshal of the Marshalsea over as far as command the say William Stanley to  execute the say the body of the say Richard hall writ by virtue whereof he  arrest infra twig c marshal c in execution c who and deliver he to the say  William Richardson in execution detain he in the prison of the Marshalsea at  Southwark infra twig in execution c the plaintiff reply and say quod nec prd  rogerus song in plea prd to express grief prdic Thomas Ownstead in plea  predicto def tempore display bill predict to be servus seu servi speech domini  king coke b seu de hospitality his prd existen c upon which the defendant do  demurrer in law and this ease be often argue at the bar and two point be move  whether a action upon the case upon assumpsit f payment of a debt be make  within the verger be within the jurisdiction of the court of Marshalsea admit  that it be not then if the defendant have the warrant of the say court shall  be punish for a false imprisonment or not and much be say by they who be of  counsel with the court of Marshalsea for the antiquity honour and jurisdiction  of the court of Marshalsea for the antiquity that it be as ancient as any of  the king court as appear in h b and diversity of court title Marshalsea for  the honour that Fleta lib cap next after the high court of parliament add  habetetCuriam svan in person Senescallosc in aulan svan c and Britton cap  which be in the book speak ill the person of the king begin with the court of  Marshalsea before any other in these word and that the martial of our  household hold our place within the verge Soc and we will that the earl of  Norfolk by himself or by another knight be attendant to we and our steward to  do our command and the attachment and execution of our judgement and of our  steward through the verge of our household wherein it be also observe for the  honour of the court that the judge hold the king place and that a man of such  dignity as the earl of Norfolk be attendant to the say court and they further  say that this court be of so high a jurisdiction that before the statute of e  cap mean there give but in parliament and e cap no writ of error lie of any  judgement and by the same statute their error shall be examine and redress in  the king bench and as it appear by Fleta this court of ancient time for the  great than the hall of the king honourable honour thereof be hold in au king  within household and as to the jurisdiction they say that before the statute  of articuli super Chartas cap the court of Marshalsea have jurisdiction within  the verge of plead of the crown or criminal cause and of all common plead real  personal and mix and that before the say statute the steward and martial of  the king household use to bold all the plead aforesaid within the verge  although none of the party be of the king household and how the say Act have  restrain they to three action only see contract covenant and trespass and that  in three distinct manner see III contract and covenant when both be of the  household in trespass when either party coke a be of the household of other  trespass do within the verge when neither of the party be of the household and  that stand with the word of the say Act know but only of trespass of the  household and of other trespass do within the verge and the contract and  covenant which any of the kins household have make to another of the same  household so that by express word they have power not only of trespass of the  household but also of other trespass within the verge and that the late word  which any of the household c have make to another of the same household shall  have relation only to contract and covenant and not to the clause concern  trespass for then these word and of other trespass do within the verge be void  for it speak first of trespass of the household and then if the late clause  shall have relation to the clause of trespass the same clause will be void  glossa viperina be queen to gnaw viscera textus and of other trespass do  within the verge upon a Act of parliament make a they strong rely and a e not  print but within two year after the say Act of e remain in the treasury which  be a good exposition of the say former Act by which it be enact that where  before the steward oand rid marshal the court be many a   a coke report b er p  time near the city of London some inquest be take of trespass and other thing  do within the say city betwixt some of the same city only and betwixt they and  foreigner joint or betwixt foreigner and the conusance of which trespass and  other thing belong to the steward and marshal by reason of the verge that all  such inquest shall be take within the city of London and not elsewhere upon  which it be infer that of all trespass do within the verge betwixt what person  soever the conusance belong to the steward and marshal of the household which  be a exposition of the high court of parliament b contemporary exhibition be  strong in lege so that as well before the statute of e as by the word of the  same statute and by the Act of e the steward and marshal of the household have  jurisdiction to determine all plead of trespass betwixt any person whatsoever  and they cite also the statute of e cap and e cap by which it appear that the  court have jurisdiction not only of tresspasses of the household but also of  other trespass and they hold that this word trespass shall be extend  beneficial for the jurisdiction of the say court because their ancient  jurisdiction be so much restrain by the say Act and therefore they conceive  that all action the entry whereof be in plea transgress c shall be within this  word trespass and there over coke b plead of ejection firm trespass quare  enclosed space to break in pieces of good take away assault battery wound  trespass upon the case upon trover and assumpsit and other trespass upon the  case shall be take within this word trespass and the jurisdiction thereof  belong to the steward and marshal of the household though none of the party be  of the king household and they conclude that infinite precedent may be show at  all time after the make of the say Act of e that they have hold plead of  trespass as well trespass upon the case as other trespass within the verge  although neither of the party be of the king household e good law interpreter  custom and as to the other point admit the court have not jurisdiction of the  cause yet the proceed in it be a court of record be not void but voidable by  writ of error also the marshal of the Marshalsea of the household and the  officer of the staff be officer and minister of the court and it will be  against reason to punish they for execute the precept and warrant of the court  when if the have refuse the court will have punish they for their disobedience  therefore the rule be whoever order judge to some degree to make non to see  trick evil to make because to appear necessary be and in e b there it be take  for a maxim that the thing which a officer do by warrant or command of a court  can be say against the peace and Doct Stud the king officer be bind to execute  the king writ at their peril and they cite and strong urge the book in e b and  a where Alice bring a action of trespass against one William of false  imprisonment the defendant say that before the imprisonment it be command in  the Marshalsea that if any woman follow the household of our lord the king she  shall be take and imprison and this Alice follow the household of the king  wherefore John Claydon then marshal command this William who be gaoler to take  her wherefore be take her by his commandment and for such cause and we do not  conceive that she can assign any wrong in our person and there the rule of the  book be that William the defendant do no wrong though be receive her whether  the cause be Allowable or not for he ought to be obedient to his sovereign but  the gaoler ought always to receive whosoever be send to he by his sovereign be  the cause of the take Allowable or not and there issue be take whether the  defendant have the plaintiff of the delivery of the marshal so in the case at  bar the officer of the court be not to dispute their authority but ought to be  obedient and execute the warrant and command of the judge of the court and  upon this ground be the coke a book in e e e quare non to send to Plo Com  Morgan case h h h r h h vide tempt e assize e ibidem e ass e to know facias  ass e h e h h trespass b cart Inst Inst e   a Inst coke report b er p but upon  solemn argument at the bench it be unanimous resolve that judgement shall be  give against the defendant and as to the first point it be divide into five  part what jurisdiction the court of Marshalsea have at the commonlaw before  the Act of articuli super Chartas year e and therein the extent of their  jurisdiction be consider see in what action the court have jurisdiction to  what place their jurisdiction be circumscribe and to what person their  jurisdiction extend b the reason why the commonlaw give they as judge of the  court of Marshalsea such particular and limit jurisdiction consideration be  have of the Act of articuli super Chartas and therein three point be discuss  why this Act be call articuli super Chartas what manner of Act it be whether  introductory of a new law or declaratory of the old the several part of the  Act be consider the authority of law in all succession of age since the say  Act the nature of this action upon the case sur assumpsit as to the first it  be to be know that the steward and marshal of the king household bad before  the say Act two distinct authority one they have such general authority in  effect as justice in eire bad for they be the vicegerent in part of the chief  justice of England within the verge also the steward and marshal have another  authority know to hold the court of Marshalsea the title of which be Plac  coron aulte hospitality do king in person Seneschallo Juarischallo by forc e  of their first authority they may hold all manner of plead of the crown and of  common plea as well real and mix as personal and that appear by diverse  ancient precept of summons which they use to direct to sheriff c to cause to  come before they all plead c the form of which be such robertus thread John  mile seneschallus hospiIii domini king vicS health mandamus quod venfaceoram  we tali die wherever dom king tunc to be in ballivd tud all men assisas novce  coke b disseizince death he that goes before ultimce prsentat great man  assisas all men being under oath search attindas in all respects placit de  dote unde woman nothing to have queen sum are in person justice king ad primas  assisas cum inpartes that to come no indeed all men assisas illasetplacita  that being under oath search wipe on that queen in person justice king ad  assisas capieindas in ballivd vestrd assign faerint attaminatce non finitce et  parlibus they that prfigatis quod tunc sit there assisas that et placita that  juralaset search et attindas that in eoden position quo rernanserunt in person  prfal Justicprosecut si uolverint venire etian fac in person nob speech die  loco all men prison manuca ptos de ballivet veslrd et in all respects  attachiamenta queen pertinent ad gaolam deliberand Fac etian proclamar et to  know per lotain ballivain your quod all men unconstrained et quatuor man et  prpositus de villatis quar to be between quod tunc to be ad deliberation  proodidam et to have there recognitores nomina pi sum et hoc bieve and that  they have such general authority appear in Fleta who write before the say Act  of e lib cap to have et king curian svan in person Seneschallo his in au suit  quijam tenet locum capital crime justice king de quo sit mention in common  shorten de hom frame who to appropriate cause king to set bounds to become  used et falsehood judgment ad reality to call again et to complain without  shorten the whole of the laws to hold forth pron  interrog  vice to bear about  in part idem Seneschallas hospitality king pron  interrog  interest de omnibus  act contrapacem infra fear hospitality c recenter to bring in etian without  shorten c anditis queremoniis in an unjust manner in old king andire et  lerminare assumpt Himself camerar hostia well Marischalloaulce soldier well  some the dawn si all men interest non to be able et can to have seneschallus  ex army p duty Himself predictam power to go before ad ullagationes et bellan  injungend et in all respects et one faciend queen ad justice itinerantes prout  superius dictum be pertinent faciend hoc so much take out quod de book  tenement intromitters non debet without shorten and there it appear that the  steward c hold this court in old king and what authority justice in eire have  to hold plead of the crown and all common plead real mix and personal you may  see in the mirror of justice cap sect where it be say the king do right to all  by their justice commissary errant assign to all plead vide the statute of  Westminster cap Bracton lib cap fol c and b Britton cap e assize bro e e b Vid  Com dig court f Bac ab Marshalsea and palace court Vid ab marshal and  Marshalsea a black command coke report a er p ass it is pleasing h b and it be  to be observe that he who be prisoner to the king berich be in custodian  mareschalli Mareschalcice domini coke a king and he who be prisoner to the  Marshalsea of the household be in custodian maresc Mareschalcice hospitality  domRegis and thereby also it appear that the steward c vice to bear about  capital crime justice and therewith agree Britt c who write in e which be  before the stat of articuli supChartas and that the marshal of our household  bold our place within the verge of our household and that his office extend  itself to hear and determine the presentment and article of our crown when we  shall see it good and note that these article be those which justice in eire  charge the jury to inquire of as it appear in Bracton lib tract cap fol and  therewith agree the mirror of justice which book be also write before the say  Act of e to the office of those the chief justice belong false judgement and  error c and so it belong to their office to hear and determine all plaint make  of personal wrong within twelve mile round about the king and the gaoldelivery  of prisoner deliverable and to determine as much as be to be determine by  justice itinerant and Bracton also who likewise write before the say Act lib  de act cap fol to have king more senate in who diversce adiones lerminantur et  that Curhabet One not common with others as aulan regian et justiciar who pro  capital prias cause king terminant et another perquerelam well per privilegi  well perlibertalem as to the other authority the a steward and marshal be  judge of the Marshalsea of the king household and this court at the commonlaw  have a particular and limit jurisdiction in respect of the cause for they as  judge of this court have jurisdiction only of plead of the crown and of b  three particular common plead know plead of debt covenant and trespass way et  arms as of battery good take away but not of trespass quare enclosed space to  break in pieces ejection firm action on the case detinue nor any other  personal action nor of any real or mix action in respect of the person for in  c debt and covenant both the party ought to be of the king household but in  trespass it be sufficient if one of the party be of the king household and  this also appear by Fleta lib cap si autem de to some place member of  household king I any of the Kirigs Housh@ld fiat queremonia primo summonea  attachietur to take in hand c whereby it appear that the trespass ought to be  way et arms and not upon the case otherwise a d capias lie not at the  commonlaw and also that it be sufficient if one of the party be of the king  household but forasmuch as the steward and marshal have at the commonlaw these  authority the one general and the other particular and both court be b then  hold in old king that they have the general authority but at will and have a  fix estate for their life in the other they draw to the court of their  Marshalsea by colour of the say general authority many cause which do not by  law belong to the jurisdiction of the say court in respect of the place to  which their jurisdiction be circumscribe and that appear by Fleta u cap infra  melas hospiIii essential point a leucas in circuit and the mirror of justice  where above and this be the law before the statute of b r cap but that limit  the twelve mile to be compute from the king lodging and the steward and  marshal be so restrain invent diverse mean and device to enlarge their  jurisdiction and to encroach upon the commonlaw and therefore if in the bind  or covenant c mention be make of distress of the steward or marshal of the  king household or one of they they will hold plea thereof although the bind or  covenant be make out of the verge and also they use to take conusance of debt  and other thing where the party be not of the king household and that appear  by Fleta lib cap tunc denun de obligation et shrinking in who debilores ad  severity seneschalli et mareschalli domini king of one see to bind up el by a  little post et notam quod in obligation omni in quti fit mention de  distriction seneschalli a   a f n b b e b e b Cr James Bulstr b Inst postea b  c   b d   a a   a postea a f n b b b Bulstr coke report a er p Elizabeth  mareschalli hospiIii king well the dawn of one another lantum andit are part  speech et Terminal without shorten wherever see to draw together infra  virgalam well extra in person sen nisi speech libre to touch ten he well  pertinent nee to stand before to strive for exception de shrinking facto extra  made of twigs striped ut inter placita Petri de Chamnet year king royal power  Edward inter henr de Wotton to strive for et Ranulfum Foleschanks obligate  picefal h in necessary pro victuetvestilu et hujusmodi ad valance livre per  and suope7peluo inveviend pro quad land in D etquadam balliua in S et unde  idem b to bind up see in Londdistrictioni sen et MarRegis year ring tune  existentand  bn Vascon who exce ptione de Nones nf? a made of twigs striped  non allocata peffit judgment si de book ten well he pertinent to withhold  without shorten king to answer cum idem h petit that which is fixed To give  back ad boundary vitce sum et because to cause to revolve such to bind up nee  willing et conscious of fit in an unjust manner t considerate to be per more  justice who to be at ex quo necessarian that to come forth tanquam de camera  et non de loco certainly de quo poluit look become quod exception prd locum  non to have quod other to dedicate et to answer well pro undefended et  intimacy to have another invention ad anliandam jurisdiction svan be that  although none of the party be of the king household yet they will name they in  the declaration and plea of the king household and coke a so as they conceive  to estop the party to contradict it but to conclude this point it appear to  you good reader that to know what the law be before the Act of e how necessary  the authority of the say ancient book of the c mirror of justice of Bracton  Britton and Fleta be to discuss this point and although perhaps one may know  the law upon the ancient statute yet he will never know the true reason of the  interpretation of they unless he know what the law be before the make of they  and therefore it be true quod many men ignoramus queen we non to lurk si old  times lectiofuit nobisfamiliaris as to the second point the ancient style of  the court of the Marshalsea be d placita coron aulce hospitality do ring  handle in person e c by which word aulce hospitality it be prove that at least  one of tile party ought to be of the king household for how can the word be  aulce hospitality dom ring when none of the party be of the king household and  it be observe that those who be of the king household be call aulicii and that  be the reason that it be not necessary in suit there before the steward and  marshal a to allege that the plaintiff or defendant be of the king household  for the style of the say court as appear afterward by many authority imply it  the second reason be because the proceed in the same court be by bill in  respect of the privilege of the party d and not by original and the court of  king bench can hold any common plea by bill without privilege of the court the  three reason that the service and attendance of the king servant be sa  requisite and necessary to the king that the plead in the say court shall be  rather discontinue by his removal out of the verge than he shall lose the  attendance of his servant and if they may hold plead between mere foreigner  what reason can there be that the plead shall be discontinue by the king  removal and why shall the judge of the king household decide cause when none  of the party be of the king household Q b jurisdiction be potestas de public  to lead in cum?Necessitate Jurtsdicendi and that agree well when the party be  of the household for the necessity of the king service but not when none of  the party be of the same household in mich and Elizabeth in the king bench c  hall bring a writ of error against Jones of a judgement give in the court of  pipowders of the market in the city note the proceed here be by consent as be  more expeditious c than in other court and in this case have even the judge  approbation note to former edition c   a blow a d   a before a Doct pl Inst c  the marshal of the king be the marshal of the Kirigs bench nobody else can be  understand the Hareschallus hospitality be never speak of without the addition  of hospitality a Doct pl d in the Marshalsea court the plaint be the  commencement of the action ware v honeywood Doug b Bulst c more Inst cro  Elizabeth roll Bulst king b way coke report b er p of Gloucester for Jones  register to the bishop of Gloucester because hall have publish slanderous word  of he see that Mr Jones and his clerk have by colour of his office extort and  get per annum by unlawful mean for many year together above their ordinary fee  for prove of testament and grant of administration and the judgement be  reverse for two error because the say word do not concern any matter d touch  the market and therefore the court have no jurisdiction of they coke b but if  one slander any one who trade in the market in any thing which e concern his  trade there a action lie well it appear in the declaration that the word be  speak f before the market and not in it for as the court have no g  jurisdiction but for thing concern the market so it have no jurisdiction for  matter concern the market unless they be do in the market vide p m h die vide  bract I e b h h b the stat of h c e c I r Pari ration it will be against  reason that plead shall be hold in person Seves HarescNhospit dom R eg of a  thing which do not concern any of the household the four reason ex salary of  pastor it will not be seemly that any carman or other mechanical person shall  sue another in the same court and draw they in owlam king where the court be  original hold for the that have not garment furrow and therefore it be record  by saint Luke the Ev c v dixit ad turban quid exiistis to see a human being  mollib garment put on here it be who in vesta preciosa suntetin darling to put  in motion in domib king are and the commonlaw regard conveniency and do not  allow to some degree ilndecorum nor that which be do contra bomos more at the  same parliament sure and a e c it be enact that the chancellor and justice of  his bench shall follow he so that he may have at all time near he some that be  learned in the law which he able duly to order all such matter as shall come  to the court at all time when need shall require and it appear by diverse  record subsequent that the chancellor and the judge after that Act have their  purveyor c and that accord purveyance be make for they as appear in rot pat e  part Memb e part Memb c till e at which time the court of king bench become  resident and all the plead there be in person ring and by the Act of e c it be  prohibit that no purveyance shall be take great or small but only that the  purveyor of the king queen and their child take not corn c but by the say Act  of e c the general authority of the steward vanish inasmuch as have regard to  the same they be but the vicegerent of the chief justice when he himself be  present b in prsentia majoris cessal polestas those inferior in rank and yet  the under colour of their former general authority they encroach much upon the  commonlaw and it be observe that the court of Marshalsea of the king house  never hold any plead of the crown after the make that Act because the justice  of the king bench be to follow the king and therefore they have use to hear  and determine plead of the crown within the verge by force of a commission of  oyer and terminer in vacation time for in c term time when the king bench sit  in the same county all commission cease vide Katherine Wrotes case in the four  part of my report fol a coke a the reason why this court be limit to these  three action be because one of the household who life on his salary or pension  have often occasion to borrow money and make covenant with other of the same  household for apparel and other necessary and for trespass way et arm as  battery carry away of good c they have jurisdiction for the preservation of  the peace as aforesaid the reason why d Inst more cro Elizabeth roll buist cro  James more cro car e Inst buist f more Inst buist g cro Elizabeth h die pl  jenk cent buist more roll finch lie a Inst kelw a I Fitzherbert cor Br error a  rastal chancery Inst b   b Inst c   b a coke report b er p the bind of the  Marshalsea be call the verge and that its jurisdiction be confine within the  verge be because the marshal portal twig queen signatpacem in person ring per  interval d leucarum etcetera et de virgpredict to say made of twigs and beyond  that the steward and marshal never have jurisdiction and that appear in Fleta  lib c as to the three point see the consideration touch the Act of articuli e  super Chartas c it be resolve that articuli super Chartas be as much as to say  f exposition super chart and the charter here mention be the magnacarta and  the charter of the forest and so it appear by the preamble because the point  of the magnacarta of liberty and of the forest c and in pierce de Saltmarshs  case the book say that Herle chief justice in e b order the explanation upon  the charter see the I that chapter of champerty to be read by which it appear  that articuli in this case signify exposition and some say quod to say  articuli because to shut up ad obedience but then it will be ask in what part  of great Charta can one find any thing concern the court of Marshalsea to that  it be answer that the a that chapter of great Charta extend to it for there it  be enact quod nullus libre a human being to take in hand well imprisonetur or  disseizietur de libre handle his well de liberiatibus well libre consuetudinib  nest or outlaw ant a banished person or to some place modus to tear down nee  super the dawn to go nee sm p unper the dawn to cause to go nisi per of b  judaic a I of oneself or per law lerrce by which Act every arrest or  imprisonment and every oppression contralegem terr be prohibit then if any  against the law usurp any jurisdiction and by colour thereof arrest or  imprison a man or in any manner by colour of a usurp authority oppress any man  which be a manner of destruction against the law he may be punish by that  statute and because the steward and marshal of the court of the Marshalsea  have encroach to they jurisdiction in diverse cause which do not belong to  they and by colour thereof award precept sometime to arrest the body of the  defendant and sometime by colour of execution to sell c the good and chattel  of the defendant against law which be a oppression by colour of justice and a  manner of destruction for that reason this three chapter be enact for  explanation of the say magnacarta as to the jurisdiction of the say court of  the Marshalsea so that this Act of articuli super Chartas be not introductory  of coke b a new law but a explanation of the magnacarta which be declarative  of the ancient commonlaw of England but it appear also by this three chapter  the part whereof be now to be consider this chapter concern the court of the  Marshalsea be divide into two general part see into the preamble and the body  of the Act in the preamble three thing be propound to be remedy by the body of  the Act by the estate of the steward and marshal id be concern the  jurisdiction by force of their office in which they have estate see for their  life within the court of the Marshalsea of the plead which they ought to hold  by which it appear that this chapter be declarative for the intent of this  chapter be to reduce the court of the Marshalsea to its true and lawful  institution which this word ought import and therefore this Act demonstrate  what plead they ought to hold which well agree with the title articuli super  Chartas and with the book of e c the explanation of the charter I e of the  commonlaw the three be how they ought to hold the plead the body of the Act  pursue the part of the preamble and first the whole purview thereof extend  only to the court of the Marshalsea of the king house as to the plead which  they ought to hold the body of the Act have make a declaration of three point  of the cause of the person of the plAcc for these cause the purview of the Act  be in the negative in part absolute and d   a before b f n b b e Inst Inst  buist Leon a b before a e a Br action sur Le h a Reg a b f n b b raze   a  buist and roll Rep   a   stat Ent a f Inst a   a Leon Inst b Inst Edward b  coke report a er p in part with a exclusion it be ordain from henceforth that  they hold not plea of freehold and that be absolute nor of debt nor of  covenant of the people but that be with exclusion first to the cause a but  only of the trespass of household and of other trespass do within the verge  and of contract and covenant so that these word but only c reduce as to the  cause the jurisdiction of the court to its original institution see to action  of trespass debt and covenant and all other plead be exclude as to the person  if this Act have not make any particular declaration as appear before they  ought to have have the privilege of the house see in trespass where both or at  least one be of the house and in case of debt and covenant where both be of  the house and of that also this chapter have make a express declaration and  the exposition in b Michelborns case in the six part of m report be affirm for  law and vide there a Act pass both house of parliament year I r vide inter  candidacy parliament year e London that there the steward and marshal after  the say Act do encroach to they to bold other plead than of trespass debt and  covenant as to the place the statute have restrain it to the verge only and  because by colour of certain invention of the steward and marshal ad ampliand  jurisdiction svan as to plead person and precinct this chapter have enact that  from henceforth coke a the steward hold not plea of debt or other thing but of  the people of the household so that the voluntary c conusance of debt before  the steward and marshal by foreigner do not give the say court jurisdiction  but as a unjust encroachment upon the commonlaw be oust by this Act it be also  further enact that they shall hold no plea by bind make at the distress of the  steward or of the marshal by colour of which as appear before they encroach to  themselves jurisdiction not only when the party have no privilege but also of  cause which do not belong to their jurisdiction and those also do out of the  verge as appear by that which Fleta have before report and who have well  express the true cause and sense of the two last branch which of themselves be  full of obscurity as to the three part of the preamble see how c the body of  the Act have three branch that they shall implead no plea of trespass except  the party be attach by they and they shall plead speedy from day to day so  that they may be plead and determine before that the king depart out of the  bind of the same verge where the trespass be do and if so it chance that they  can be determine within the bind of the same verge the plead shall d cease  before the steward and the matter be determine at the commonlaw and it be  observe that although the e steward and marshal be both judge yet in this last  clause as many in Fleta the steward be only name because he be the lawyer and  therefore have the direction of the court and the conclusion of the body of  the Act as to these three point ils and if the steward or the marshal do any  thing against this ordinance it shall be hold as void and this Act be of so  great profit and consequence that by the Act of parliament year e cap it be  enact and command to be put in execution and as to authority in law they be  copius and of four several nature the yearbooks book write of the law of  England judgement in parliament and all these be thesauri open Judicial record  and precedent and these be thesauri hidden place and for direct authority in  the point in the yearbooks vide a r action sur Le statute pl ult h estoppel  action sur Le statute h h a h b e a e b e b e e e b vide e b king original the  plaintiff shall never aver t c that the one or other party be of the household  causan how above register original a inter short catalog de slatuto king Sene  a   a b   a e f n b a d f n b b e Ant a   a f n b e b e b cro ac Bulstr a Br  action sur Le stat post a t vide prox page coke report b er p schallo et  Mareschallo hospitality Himself health and recite the say chapter of the  statute etian coke b ex heavy quereld a de b send for pinus quod thou ad  sectan r Self ad respondendvm in person thou prfat b de a certain  transgression c infra twig our men at b though neuter the dawn de eoden  hospitality to step out c thou mandamus quod si ita be tune plea there in  person thou of one another tenant to sit upon entirely Self b contrajormam  ordination is_prdnon is troublesome in to some place seu to make heavy which  writ be form upon the say statute and present after the makin you of it be a  manifest proof that the court of the Marshalsea can hold plea in trespass  within the verge if none of the party be of the king house and it be to be  observe that where any statute prohibit any thing a man may have a supersedeas  in the nature of a prohibition to any judge who shall hold plea against any  statute and this appear in many case in the register inter short catalog de  staluto e it be likewise to be observe that when any statute prohibit any  thing c if any one impleads another although it be in course of a legal  proceed yet the party grieve shall have a action upon the statute against the  party who sue against the statute b although the word of the statute do not  give any action to the party but that be a consequent and a thing imply in  every thing prohibit by any statute f and this appear by the say book of c h b  a where the party grieve have a d action upon this very statute and e a b a  action upon the statute of a two c for not deliver of the libel the tale sive  novae narrative f a book cite and approve in h the diversity of court f n b b  a man shall have a averment in a action bring against he in the court of the  steward and marshal that he be not of the king household at the time of the  trespass or contract make or that the plaintiff be not of the king household  vide Stanford lib c and this point be resolve by parliament in c h cap where  it be recitedi that the steward and marshal of the king house and their deputy  have hold plead of debt detinue and other personal plead betwixt people which  be not of the same house make mention in their record that the plaintiff and  defendant be of the same house and not allow to the party defendant their  challenge and exception by they allege that themselves or the plaintiff be not  of the same house against the law and statute in those case make and provide  that they shall not be estopped by such record c but the say defendant shall  have their averment to say e Lord Ellesmere in his observation p observe in  the case of the Marshalsea he suffer to fall from he this novelty as a  principle videlicet I and it be to be observe that where a statute prohibit  any thing a man may have a supersedeas in nature of a prohibition to any judge  that hold plea against any statute this rule be know not to be law for then in  the first case may there a prohibition go out of the KB with teste Edwardo  Colce to the Lord chancellor into the chancery when the style be testae meipso  beside the rule be put so indefinite as it comprehend no certainty neither out  of what court such supersedeas shall go nor to what judge spiritual or  temporal and in say to any judge the Lord chancellor be not exclude nor the  lord of the star Chamber nor the Lord treasurer and the court of exchequer  Chamber nor the court of ware nor the court of duchy so as the chief justice  do imply tacit that all this may be prohibit unto the put in practice whereof  it seem this case shall be a lead Vid Com dig Prohib a ex part Cowan barn Ald  b f n b b a b d c a Dalr Sh a Bulstr Inst f where a statute prohibit a thing  and add no penalty a action lie for do against the prohibition of that statute  but that ought to be by a action bring lamb pro ring how pro he himself  waterhouse v bawd cro James and Vid Com dig action on stat e c   b Br action  sur Le stat Fitzherbert bar d Fitzherbert action sur Le stat Br jurisdict a h  cap     Bulstr Reg a Cr James more b Stanford cor lib c c Bulstr raze  Marshalsea coke report a er p that they or the plaintiff be not of the same  household at the time of such plea or suit commence the say record or other  matter therein contain notwithstanding that which Act the say invention to  increase their jurisdiction coke a be take away which be but a declaration of  the commonlaw as appear by the say book in h estoppel h vide the say act of e  I e r e e h cap and it be observe that every Act make concern the Marshalsea  either restrain or explain their jurisdiction and no Act add any thing to it  as to judicial record it appear in pasch e in the treasury in person ring that  judgement give in the Marshalsea in a action of detinue be reverse in the king  bench because they have no power to bold plea in such action and therefore in  the say statute of d h in the preamble the action of detinues be in recite in  the book of entry Conusans h purchase e case cite in Michelborns case which  see there to be adjudge in the point as to the nature of the action it be  resolve that as well the commonlaw as the say Act of e extend only to trespass  simpliciter and not to trespassn secundum quid see upon the case for these be  not action of trespass without addition no more than they can bold plea in a  action of trespass upon trover or bailment and conversion or the like but only  of trespass simpliciter see way et arm and also of such trespass in which any  freehold can come in debate as be aforesaid and accord to this resolution it  be adjudge in the king bench hill James Reg rot in f Jeremy grey case that  judgement give in the court of the Marshalsea in a action upon the case upon  trover and conversion be reverse because the statute do not extend to trespass  upon the case and therewith also agree g the say case of Michelborn but  although this action of assumpsit upon h general consideration quod  indebitatus step forth be against the law as appear in Slades case in the four  part of my report yet if they have jurisdiction of the cause their proceed  therein be not void but voidable by writ of error but that shall be speak to  more at large in the second point which now follow dly it be resolve that the  action well lie against the defendant and a difference be take when a court  have a jurisdiction of the cause and proceed turn upside down row or erroneous  there the party who sue or the officer or minister of the court who execute  the precept or process of the court no action lie against they but b when the  court have not jurisdiction of the cause there the whole proceed be in person  non judge and action will lie against they without any regard of the precept  or process g and therefore the say rule cite by the other side see a who order  d h cap e   cro Elizabeth Bulst f Bulst godb g   b cro Elizabeth Inst buist h  postea a and note ib a blow a   a Raymond Mod Rep hard cart buist cro car  march b hard godb cart cro James buist Lutw salk a Ant b g in Orby v hale I l  raym it be hold that if the sheriff discharge a prisoner by virtue of a order  make by justice at their quarter session they have no power to make such order  he shall not be liable for a escape but this case which be contrary to former  case have be express overrule brown v Compton TR and Vid Colston v Ross cro  Elizabeth anon salk the distinction here take by coke have be recognize as  good law at least as far as respect the protection give to the court and its  officer Groenvelt v Burwell I l raym parson v Loyd will Perkins v proctor will  and accord where the defendant a vicar general of the bishop have  excommunicate the plaintiff for not take administration of a intestate effect  and the citation by which the plaintiff be cite be void and the proceed  thereupon have be set aside and there be no malice the subject matter of the  judgement be a thing within the coke report b er p judgment aliguod to make  but when he have no jurisdiction coke b non be judge non to see trick evil to  make because to appear necessary be be well allow but it be not of necessity  to obey he who be not judge of the cause no more than it be a mere stranger  for the rule be judgment a non his judge datum no one be nonenti and that full  appear in defendant jurisdiction it be hold that no action lie ackerley v  Parkinson m and S be necessary to give they jurisdiction as upon the merit of  the conviction grey v Cookson east Britain v Kinnaird where sup it be a  general rule and principle of law that where justice of the peace have a  authority give to they by a Act of parliament and they appear to have act  within the jurisdiction so give and to have do all that they be require by the  Act to do in order to originate their jurisdiction a conviction draw up in due  form and remain in force be a protection in any action bring against they for  the act so do per abbot CJ Baslen v Carew barn and Cress SC dow Ryl if a  magistrate have no jurisdiction by reason of the existence of fact which he  can be suppose to know but which be peculiar in the knowledge of the party  grieve no action can be maintain against he if he receive no notice of such  fact pike v cartel bing but if a magistrate after a regular conviction of a  party proceed to commit he a action will lie against he if his warrant of  commitment do not show a offence over which he have jurisdiction wicks v  Clutterbuck bing a sheriff be not liable to a action for execute the process  of a court of competent jurisdiction though there be no cause of action or  though the process be erroneous Tarlton v fisher dougl Cameron v lightfoot  black win v Boughey Bridgm on the contrary he be bind to execute the process  of the court Benyon v Evelyn Bridgm Jackson v hunter TR and the sheriff can  take advantage of a error in process in a action bring against he for a escape  drury case   b thus where the plaintiff have judgement for S and the can sa  upon which the defendant be take in execution be only for S this mistake be  not assignable for error by the sheriff Jacques v Cesar sand so upon a escape  from the fleet of a prisoner take in execution by the sheriff when the writ of  capias be informal the warden be liable to the debt and cost win v Boaghey  Bridgm and in a action for a escape on mesne process out of a inferior court  against the bailiff the defendant can take advantage of any error in the  process below although the defendant below may have avail himself of it bull v  steward I will so in a action for rescue a debtor take upon mesne process sue  out of the palace court it be not a sufficient ground to arrest the judgement  that it be not allege that the cause of action in the inferior court arise  within the jurisdiction or that it be not allege that the party below do not  appear at the return of the writ bently v Donelley TR Vid Bromfield v Jones  barn Cress the difference be where the judgement be mere void or where it be  only erroneous and that depend on another distinction videlicet where the  court in which judgement be obtain have cognizance of the cause and where not  gold v stride Carth SC Mod and Vid Ognell v Paston cro Elizabeth weaver v  Clifford Bulstr cro James Burton v Eyre cro James although the sheriff be bind  to execute the process of the court yet if a writ be direct to one who be not  the officer of the court he be not bind to execute it and if he do he will be  liable to a action therefore where a writ of become facias direct in the first  instance to the bailiff of the isle of Ely out of KB be execute by the bailiff  it be hold that such writ be erroneous and void and the bailiff be guilty of a  trespass against the party who good be take in execution grant v bag east Vid  Bracebridge v coke report a er p our book and therefore in the case betwixt  Bowser and Collins in e b there Pigot say if the court have not power and  authority then their proceed be in person non judge as if the court of common  plea hold plea in a appeal of death robbery or any other appeal and the  defendant be attaint it be in person non judge quod all men to go away but if  the court of common plea in a plea of debt award a b capias against a duke  earl c which by the law do not lie against they and that appear in the writ  itself and if the sheriff arrest they by force of the capias although the writ  be against law notwithstanding inasmuch as the court have jurisdiction of the  cause the sheriff be excuse and therewith agree two die b the same law if a  justice of peace make a warrant to arrest one for a felony who be not indict  although the b justice err in make the warrant yet he who make the arrest by  force of that warrant shall not be punish by writ of false imprisonment  because he be judge of the cause h and therewith c agree Johnson I Brod and  bing SC b more Bowring v Pritchard east Bradshaw v Davis Chittys Rep but the  sheriff be liable in a action for a escape where after have arrest a defendant  within a liberty where particular officer have the exclusive privilege of  execute all process upon a she sa in which there be not any non to let go  clause he suffer he to go at large before his removal from the liberty for the  arrest be not wrongful against such defendant though it be wrongful against  the bailiff of the liberty Pigott v Wikes barn and Ald and Vid hunter v  Jackson TR whatever protection a officer of a court of competent jurisdiction  act in obedience to the process of the court may be entitle to it be quite  clear that if without any authority from the court he malicious issue a  instrument purport to be a order of the court by which a party be injure the  party injure may maintain a action against he Whitelegg v Richard barn and  Cress SC dow Ryl the protection afford to the party in the suit be not  commensurate with that afford to the officer of the court thus if a action be  bring in a inferior court where the cause of action do not arise within its  jurisdiction the plaintiff in the cause be consider as a trespasser in take  the defendant good in execution but not the officer per Lord Kenyon t r with  Goodwin v Gibbons burr olliet v Bessi t Jones vin ab court l a Truscot v  carpenter l raym contra in olliet v Bessi the court say the plaintiff shall be  intend to know where the cause of action arise but that it be impossible for  the court and officer to know that and this be the difference between this  case and the Marshalsea case for the court and officer in the latter may well  know whether the party to the suit be of the household or not so also it seem  if a judgement or execution have be set aside for irregularity the sheriff or  officer may justify under it but the party can for it be not like a erroneous  judgement which be the act of the court but it be a matter in the privity of  himself or his attorney note c king v Harrison east Tidds practice that Edn  but in set aside judgement and execution for irregularity the court will  restrain the defendant from bring a action of trespass unless a strong case of  damage be show lorimer v Lule Chittys Rep Vid note g Bonhams case   a b   b a    a roll Rep more a die pl b cro car c Br faux imprisonment Br peace h if a  man be accuse to a justice of peace for a offence for which he cause he to be  arrest by his warrant although the accusation be false yet he be excusable but  if the party be never accuse but the justice of his malice and own head cause  he to be arrest it be otherwise Windham v clear cro Elizabeth Morgan v Hugh TR  also when a individual charge a constable to take a party into custody for a  felony allege to have be commit by he no action will lie against the constable  for the arrest whether a felony have be commit or not because in such a case  it be his duty to act and not to deliberate but if a action be bring against  both the constable ought to plead separate for if he shall join coke report a  er p h a but if one be indict before justice of peace and confess the felony  and have a coroner and become a approver and make a appeal such appeal before  the king be adjudge void as appear in d h b e h a vide e a b and the reason of  that case as some suppose be because the commission of peace extend only ad to  seek after know to inquire before themselves to hear et to set bounds and so  the appeal of the approver be out of f their commission because the approver  do not make his appeal before the justice but before the coroner and the  coroner record it to the court but the reason which be give in g h b be that  the justice of the peace have do power to assign he a coroner no more than  they can inquire of treason as it be there also hold because it be not within  their commission so where the h sheriff who be prescribe by the lord to bold  his turn within the mouth after Michaelmas c hold his turn after the month and  take a indictment of robbery at the same turn and the indictment be by  certiorari remove into the king bench by the advice of all the justice the  party so indict be discharge because the indictment be utter void and in  person nonjudiee forasmuch as at that time the sheriff have not authority to  hold the court and it be say by the justice that if a man have a leet which  have be hold at a certain day if he hold it at another day that such court so  hold be void and without warrant and otherwise it be of a court coke a baron  but if the court of common plea hold plea in debt trespass c without a  original it be not void for they be judge of those plead and it can be say  that the proceed be in person nonjudice and therewith agree I e b and  therewith in the point agree the say book in king r that judgement in the  Marshalsea when I none of the party be of the king household may be avoid by  plea in without any writ of error which prove that it be void vide e b e h a  it be agree in the point also that in trespass before the steward and marshal  if none of the party be of the king household there it be in person non judge  because they exceed their power the same law if they hold plea out of the  verge as it be hold in Plo Com plait case b and that agree with the rule extra  territoriam Jus to say non to appear impune vide ass Plo Com b ass p e ass p h  h h e r r h b h e bar mark a die and with this difference all the book be well  reconcile and as to the say case of b e b a by the commonlaw it belong to the  office of the marshal to protect the court from whore as appear in Fleta lib c  c Hareschalli interest virgalam a meretricious omnibus to cover before to  weigh well to have marshal ex experience pro where you will courtesan common  infra fear hospitality invention d primo die queen si iterum in WNW sum to  come upon to take in hand cor seneschal to hold in ei hospitia king ring  libero to sew ne iterum to advance nomina ear imbrevient tuce si iterum  inventce Juerint hospitable secutrices lunc or to stay behind in prisond in  chain or of one prd hospitable abjure queen si autem lertio inventce to be to  look at closely quod to cut around the dawn in plead and the plea shall not  amount to a justification for both be have in part it be have for the whole  and consequent judgement will be give against he Hedqes v chapman bing d Inst  Fitzherbert coroner Br appeal Br coroner e Fitzherbert justice of peace Br  peace Br appeal f Inst Ha pl cor g above h e c Stam cor a b h a Br indictment  Br leet h a Fitzherbert tourn de viscount Fitzherbert indictment Fitzherbert  leet hundred I   b king Br action sur Le stat before a l f n b m wear down it  is pleasing a dyer pl   b roll Rep b before b c Inst coke report b er p  tressoria to shear quo indeed si quarto invenient tunc be u ei labia ne well  be S p de ctero to long for ad desire this be the law it appear that the  report of the say book of e be so obscure and imperfect that much of the  substance of the matter ought tobe supply by intendment and the chief justice  in the conclusion of his argument observe that all the case in which before  there be diversity of opinion betwixt this court and the court of king bench  be now unanimous resolve l that the general declaration in a action upon the  case quod cum indebitatfuil in such a sum sup see assumpsit without show the  cause of the debt be insufficient I that a particular declaration in such case  show the cause of the debt although it appear that the plaintiff may have a  action of debt well lie as it be resolve in Slades case king that for all  assump of the testator c to pay a debt or duty a action upon the case lie  against the executor c as it be adjudge coke b in Pinchons case in the nine  part of my report l this case of the jurisdiction of the Marshalsea be not  adjudge by both court know in the case of the say Jeremy grey in the king  bench and in the case at bar in this court against which judgement there be no  opinion in any of our book but as appear before many concur in leiminis with  they in all the point now resolve m so that our successor as I believe may  take up the say of the prince of poet hand unquan nor concionos nor curian  speech to hear to fight mind send always eoden el to discern by sense eaden  and eaden to decide vellet I Acc godb Doctr pl Wollaston v web hob Jansen v  Colloman roll Rep and this omission may be take advantage of after verdict by  motion in arrest of judgement holme v Lucas cro car foster v smith cro car  mayor v hare cro James wise v wise lev or by writ of error Woodford v deacon  cro James Buckingham v Costendine ib Barker v Barker palm Lembe v Heinmerse  Bulstr but it be sufficient if the declaration state general that the  defendant be indebt for diverse ware sell or for such like contract Woodford v  deacon where sup Bellinger v gardener roll Rep jenk cent king Vid note b  Slades case   b l Vid Pinchons case   b m there be also a palace court to be  hold before the steward of the household and knight marshal and the steward of  his court or deputy with jurisdiction to hold plead of all personal action  whatsoever which shall arise between any party within mile of the palace at  Whitehall this court be create by letter patent car Vid anon salk huge v  batten side black command and the reference ante note n coke report a er p  quere if the court of the Marshalsea as to civil suit be not the original of  the court of b r for all process here suppose a trespass c I e within the  verge and therefore all defendant here be say to be in cuslodim  MarlVarischalsice c I e in custody of the marshal of the Marshalsea note many  case before cite seem to warrant the affirmative note to former edition