, Aer’ :ei5”’yt yérreht rz"/metal, ’ find the fame A62‘ conjfitute: Courts of the A Y "W V , . ~, ark zzlfo a.CoI}2i¢ zfEqm'ty. in =A5fio;zri Tre:/13dfif;‘é‘0z¢‘a thl? Oz]?-. ~Slzz72der-, Afldzrlt zzmlli Battery, 8CC. r 1 N1‘ RODUC T‘/ION. ” (H fit/izl Courtwar at firl/for refiedifa fupprefi the wolence hut in procefi »”,m.L-my, mzcl held Pzemin Civil Affions is -1,), E'7‘zg'lifl7 "Bill, and ‘touch encoumge“-A hy the Clrmfe in 34. am’ 35 ii-«en. 8. cap. 26; that rgivles that Court Pofygr to. hem? Zl"€f€7'7fl2.l?2€, thezrclr reéfionr, firth matter: I16‘ ll‘/9€71'fl,fW" IWVM 9l7e=az'/figifrzl hy the Kz'ng,d.r t'hen-rte-fbreyzgfid. ‘tGreat Sefliam in every Cormty for 116167" airing of all Cauflzs Zmzl Smts, where there Grievances. s I. 1 ‘Hatheoerthel4ej3*ithe jtiralger of the fizial “Court of the M4rthe;r do take Cognizazzce, and them ta , d,ecree.D47I44£€=£.,u where the f es‘ area nrzbertaizzs med taught hy the Law 0f‘lihi'e”.Ltlfld' » to he aflifléd by 4 jzzrjf. » of the welrh, and for prefer a ,3 ‘-mz‘t‘z'o72 ‘the’ Peace in‘ lthe”= aillrzrcher, mm’ in the nature of the late com 5’”?'TC’5“”“W s ) pf time encroacthed on thelCourt: pf Com- ANSWER. . was erected (amongfl other ends) j;{g , for the Supp/reliion of Violence, and ‘the Prefervationof the Peace in Wales; but It 19 abfolutely deny’d, that the faid Court was at firfi ereéted meerly in the Court continues, notwithfianding the Star- (ylhamber-Jurifdi<9:ion hath been long fince abrogated by Statute ; nor bath the fliid Court incroached upon the Courts at Common-Laws or ufed any power more than what is warrantable by the Laws and Uiages of that Country , confirmed by Parliament ; and for the manifeflation hereof, f_tl16AnfWer‘tO the {aid pretended Grievances is this, «viz. xfizzftver. I. is tnanifefl by divers Prefidents yet H remaming amongfi the Records of the {aid Court, that before the thirty fourth year of Hen. 8. the Judges of the raid Court, r'*«b§Ma?i1%=ancien.t Uflagie there, did conflantly take‘ upon them to”decree"D‘a“rnages in A- rlétions of Trefpafs on the Cafe, Slander, AI3 fault and Batttery, where the offences were Well proved by Engli{l1DepofitiQns : Then came the Statute of 34 and g 5 H. 8. mp. 26. ' lbv which it is enaéted, That there (hall; bh and remain a Prefident and Council in C the faid.Principa1ity of Walexy and the Mar- ches; or the fame, éw. in manner and form as hath been heretofore ufed and accu- fiomed; which Prefident and Council fl1alI have power to hear and determine by their Wifdom and Difcretion fuch Cauies as be, or hereafter fliall be afligned to them by the l<.ing’s Majeily, as heretofore hath been accufiomed and ufed, purfuant to this Sta- tute, thc feveral Kings and (beans of Eng»- laml have ever fince to this day, by their _ Inftruétions ready to be produced,impower- ‘ed the Judges of that Court to hold Plea in Slander, Affault and Battery, and by their Wifdoms and Difcretions to decree Dama-' ages therein, where the Offences are well , \proved by Engliflz Depofitions, as then-to- fore had been uiéd and accuffomed ; fo that it is very plain, that in this Court does no" more than W iufiifiable, and with fubmiiiion more con-if vement gtrticular the the faid Actions of Trefpafs , on the * Cafe, , t by Law is‘- ".f§f{ T will be agreed, that the {aid Court‘ nature of a Star-Chamber-Court; for thigh I9 <2‘) Grievances. Anfwer. venient and beneficial to the poor Subjeéts of Wales, than if their Caufes were tried by V ’ therefore much more unlikely to be byafi W II. That the Definetczntr in7nut- terr of Aflfzult and Butter}, are in the fuid Court compelled to appear _to an Englifh Bill, dud to unfwer the fame upon Oath, t/Mugb ‘the fame contain mutter: criminal. III. That the fetid Court do hold Plea, hear, and make Decree: fir ‘fnzzzl/i_Deht.r, ‘ under fifty "Shilling: 5 and in fizch Suit: do {ll/OW W078 Coft: than the Debt: and Denm- gerrlo amount unto : And thdt in Aétiozzr and Suit: fir 17'€{I74fi9 11/: fizz/It and Butter}, and on the Cafe, where’ the .'lu;nuge.r are not proved. to he above 2d. there are ufuul/y g;‘«z:c7z by the frzid Court 407" 5 lib. coflr .3 and zvherc the Pltzintzfir Bill I it difiizzffd, it it generally without any Coflr to the Defendants I2} reu- flin whereof i mun} Vexutiour and trouhltfonz Suitr are incourzzged hy the Clerk; and So//icitorr belonging to the fuid Court. a the Court either fed or corrupted-, than poor ignorant ‘Coun- give/a Verdiét againfi a man of any Note alter the Law, but not to take awaythe Court, which in this refpeét does nothing to alter the Proceedings in the High‘ Court of Chancery, whichdoes determine mens II. The Author of the {aid Paper is (lit: ingenuous in this particular, becaufe the Court never does require the Defendant to anfwer upon Oath to an Aétion of Affault and Battery, but always accepts of his Plea by his Clerk or Attorney without any Oath, III. The Court of the Marches in this re- fpeét does no more than what is done b the t_C3ourts of “ Weftmz'u]ter', and in the tiff recovers be under forty Shillings, yet he {hall have‘ his full Colts, which at the‘ leaft comes’ to fix or {even Pounds : So in Ti'efpaIfes of all forts, before the Statute,- in that cafe made, the Courts at /7%/},m‘,,- fter did award full Cofls, tho’ the dama- ges recovered were under forty Shillings, and not above Two-pence; and notwith. Colts in thefe Cafes, in the Courts min/ter, and not elfevvhere, the Judges there have made fuch Expofitions upon this Act, that it is in a great meafure eva. ded; for inthefe Actions-of Trefpafies if there appears any thing of a , at I’%,@- ways award full Colts. Alfo in an Aétion of Battery in the Courts at Weflmzu/fer if the Damages be found to ‘be but one Shilt .~ : ling, yet if the Judge that tries the Caufe, does certify, that the Battery was well pro- !‘§s€lf€:1|ilt%=O;I}'Sryali; the Plaintiff {hall have yet if the Aétion appears to be frivolous, 1. I , EIVES no Colts, or“but ve 1 lb" 9’ 35 I°> ‘$2 OF 10_Shillings; and if ‘ em b3 Caufea they do tlifinilsthe Suitwith colts to the Defendant for hisgvexation. IV. That a jury ; for thejudges of that Court are al-. 4 ways’ Men of'Abi1itiesv and Learning, and . . try men, who in thofe parts {carce dare . or Quality. But however, if this be.efieem'-4 ' » ed arealGrievance, this may be a caufeto but what is now warrantable; and upon ‘ a the fame grounds this may be a reafon alfb Rights by Englzfh Depofitions and Tefiimo-‘ ’ nies without any Trial by Jury. c I as apears by the fianding Rules of theCo urt. . (3reat Seflions of Wale: ; for thefe Coum,-.. lif the, Debt in the Declaration be ‘laid :~r»~—w-\ ,. I. 4:" , ’ ll (3) Griev'tar1e_es.~ IV. That no” Defamzam /no in the /aide CW7"? have “a Dedimus to anfver , Wt ‘ he pay the P-laintiyjfl or his‘ ‘Attorney, 6 S. which, with the Copy of the Bill, De- ‘dimus, Drawing, Anfzver, and Ex- penee of Connnzyfionert, 8;c.ln9ill a- t _ p L p A 3 each “Party, by his Clerk‘ or Attorney,‘ lmh nzonnt to fbrtyor fifty Shillingya flat; withflanding‘ the Debt or Da7nage.t in denaand it not really 6 To avoid whith Expence, and efi2eeial- ly when they are fned and inolefted by beggarly People, the Defendant: in fiich Aétionr, tho’ there be no eanfiz of Aétion againft ’e;n, do c/mfi: rather to compound with the Plain- tiyfl than to~anfwer the Aétion with ft! great an Expenee, nvhich give: great encouragement to Cnrfltorr, and other litigiont poor People, to bring and multiply vexation: Aétionr in the faid Court , whereby the mean and ignorant fort of People Within the fanie jnrifdifiion are very ninth itnpozzerijhed. ’ ‘V.- That the Pa"-octzflér fir Cm- A tempt in’ the faid Court, were gene- we direfited C "at to t/=el5/Wktir) but to private ‘_pe'r-j?2.m' i nonirmteztby t . the Plaintgifi; who ’ are not worn Of; ficerr, ah well at to Pnrfiziwntr, and r ,Ser_jeant at Arinr, by whom jeveral poor People are nfitally’ finned fiwn « “ their own habitationr, being an hun- dred nzilet‘ dijtance,l ‘to _Pr§/7772, to we Lodge at Ludlow‘, fl)? 72012- payznent of the nnreafonable ‘and i great Fee! életttflttdedltj’ ('83-"I. Anfrer. IV. Herein alfo the Author of the {aid Paper'is very difingenuous, for that the Defendant hath always a Dedimn: to an- t fwerof courfe, without paying one Penny ‘ to the Plaintiff, or his Attorney; neither ; is the Plaintiff or Defendant forced to take’ out any Copies. of the PrQ_cg¢d_jng'_5 in Debts or Trefpaffes ~ um accefs *to the Original Records to" p‘e;u1”g thegn at pleafure without Fee, and to’ take‘ fuch Notes thereof‘ gratn, as he thinks fit; nay,‘ when the ’Cat‘;_~fe, comes to hearing, the Pa rties,;-to , avoid _c‘harge, are -~'.admin-ed ‘ in thefe —%l.};C‘aufE-Ls, to carry‘ the Re- and cords themfelves to their Counfel for "their Inflrtlétionsz Butif the Caufel be amatter of Title of Land in Equity; ._” ., ‘,thenthe Records are“ tO_ l3§.C‘()_piCd in the Oflice; for which Copy the Party is to pay four Pence aSheet, eachSh'e'e:r, contain» twelve lines, and .fixteeh"words in »:~:,2._;:-.h line, which is not ab,0"!é: mlf =:i;t; 5 pyfiing in Wefl,min/ier»Hall anal thtrz iiéreat Se tons. V.,,?1‘he 1irfi~...PI:Q¢.ef§ is -in ..I12.tI,11.'€=. Of 8 Summons, and {o“i'nj efléét is“ the‘ fecond, calledaContempt, upon either of which no ”.e:’-‘fontis arrefied or holden to~Sureties, pasgin ‘other Courts ;;;_but- after, ifthe,Defen- da_nt'jc:ontinues obftinate, and wi I not ap- pear, he is arrefied upon a Proce _s_,dj,rec€ted to the Sherifi‘, and other fpecial~Bailif$,bL1t never carried to any Prifon, if‘ viiith “one Surety he will enter into Bond of I01. pe- nalty to appear upon the Return of this third Procefé; and if upon this third Pro- cefébe refufles to give Bond, to appear, he is ,n§f:ver carried out of the ,C(_).u~n'ty_‘tO_ any _P1‘i_ on, unlefs it be in fome very extraor- dinary Caufe of Contempyt, upon breach of Orders; fo thatif, any Prejudice does arile to him in this refpeac, he may thank _hinfi2lf for the mifchief which he might have prevented by two Summons,or 12 Bond for Appearance; and if there be any Er- ror in thefe P1'oceedings, the Court upon Information, orders the Plaiznif to Iofe the .Charge he hath been at, and to pay» Cofls to the Defendant. ‘ If Proceié were dire6t- ed to the Shetiffi alone, Ju1tice‘would be delayed in the Execution ,‘ “ and re- Gendemcn and wea~l.thyPerf0nS,Wh0 in this Country of tVale: are 11103 coxumonly 1'6- lated tolSherifl"s and._,the-ir Députfiflfi; mi’ % 5 *1: an tor-n of §Procel§,«efp,e_cially in the cafes of : ‘?i§i%;~: -”'*’<“"‘ _ 3.’ I (4), Grievances. VI. That whereenj of his Maje- flier Courts ofWeftminfter do gr4nt Prohibition: in C4ufi2r not properly tdete ‘fiid Court, yet 2‘ the P4rty th4t procure: fitch Pro- ihitiou,‘ 4fter he 73.5‘ put to 4 confide- r4hle Ch4rge, h4th no henefit thereof unlej} he perfonullyhferver the other P4rty therewith ( who will 4h_/Bond) the yudger of the f4idCourtv:refuflng to ohe} 4n} fuch Prohibition, or eifle izzzgripaningfiteh 44 ferve them there- r 2122 V.[[_ Thut after 2220»; hrought J 9 or Tryalr h4d in His‘ M4jeftfr Court of gre4t Se‘/fionr, or in His‘ M4je/2}’; Court: 4t Weftminfter, the fudge: of the flzid Courts of M4rcher, upon 4 Bill filed in th4t Court [gr the De- fe/zdunt 4t L42», fuggefied 2n4tter of Equity, do zzflzol/j t4/{e upon thezn to grant Injuzztiiionr to fl4y proceed- ing: in the _[4idgCourt.r of Weflmin- fter, and gre4t Sefliom 5 4nd. in c4_/E the Pl4z'ntzfi’ at Law go on in my fizeh Aétionr , will firoereiy proceed ugarinfl, 4nd inzprzfbn fitch Pl4intiJf: at L4~w,-V, -if to he found within their jurzfdirifion. VIII. That in c4_[é of 4 Writ of Error, of 4 judgment in 4 perjbnel ' Aétion in the Grand Seflionr in Wales, hrought in the fizid Court of the Marcher, zf4fter Error: 41/igned, the Defendant in the Writ of Er- ror plead: 4 Rele4je, or other n24t- - ter of Fat‘? thereto, the fézid Court t¢,~,m;;ot proceed to determine fuch Error Jor want 0 4 jury‘, whereby fimh ‘ rite of ' rror will or ever re/n4’fin undeterrnined, 4nd t e Plain- tzfi’ in the gre4t Seflionr [hall never, Zyggg 4);} gfruitr of his judgrnentg whieh§n 4 failure of jujtice, which }_;;;~ foz:e2*41,tin2er fizllen out in the [rigid ‘Court , upon ‘W/ritr 0 Error ~ there throughtg hefider thezt the fleid . AnfnJer}< ther are the Fees or the fpecialBai1ifi's ex- and not the Party Arrefteda, e h h I ,_ VI. The Charge of ‘the Sixth’Article is not true; for inrthe are place it is de- nied, that the Court does countenance any Caufe, whereinthey have not _lurifdiéi:ion : But however,7.if any Prohibitiorl be atany the Plaintiif abfconcl, the Service upon his Counfel, Attorney, or So11icitor,.or any of the Judges,’ is lfufficient, and always any Perfon ‘that was imprifoned for fa;-g- ving a Prohibition, unlefi he did it upon and infolent words. i W \ VII. As to fo much of this Articleas relates to the Courts of I7@ftminfler‘.H;;11,fi;¢ Author of thefe pretended Grievances is de- fined to give us fome particular Infiances to prove the Allegation; for Perfons who have been Pracififers in the Marches, and Officers there foi many years; cannot re- member any fuch thing ever done; but it is confefled, »t«hat«after= an=Aé’tio_n brought and before Verdiét had ‘in [the great Sef lions, ibme Judges ofthe iaid Court of the Marches, in imitation of the High Court of Chancery, have of late grantedgiome Injunétions _ to flay the proceedings there, when the Defendant in his Anfwer hath the Plaintiff {was relievablein at Court of Equity. .,But if this be ‘a fault, it is a fault contrary to the Initructisons and Law of the Court, and therefore can be no Rea- fon to defiroy the Court, but rather to punilh thejuédgesi. ’ I . VIII. There is no failure of Jufiice in the Cafe therein alledged ;_ for’ the Statute of '34 8C ‘;5 H. 8. which impowers this Court of the Marches to examine errone- ‘pus Judgments given in Perfonal Aétions In the great Seflionst of Wales, does impli- citly and necefiarily impower them to Try any Matterdf Faét that -may he pleaded in fuch a Cafe, tho’ it be not mentioned { in exprels words ; for it is a Rule in Law, Qtezndo 4/iguid conceditur concedi ‘I/idetur id fine qua re: ipfa eflé non potefl : Therefore in ‘I41’-I. 3. f 1. It is reiolved, That if one makes a Leafe,e::cepting,a Clole or Wood, the Law giveth him a way to it, tho’ there’ . no exprefs Words concerning the way. And therefore in this Court of the Marches 1 there are Prelidents, that when any fizch Matter of Fatft has been pleaded upon a Writ of Error, as is mentioned in this Article; which happens but very feldom, the ‘ travagant, the Fee for an Arrefibein ,ve- J ry fmall, and to be paid ‘y_ the Plaintiff; time granted out of ;I7Veft‘min]ter-H411,‘ and I obeyed ; nor can any infiancelbe made of I‘ the Judges fitting in Court, with abufive I difbovered forne equitable Matter,fdr which ~ 4% _ silux, . "W:-r Grievances. — Court of Marcher, which -is no Court of Record, take upon thern to cor- t recft and deterinine Error: in . the‘ great Seflionr, which 73‘ a Court of Record. _ IX. I aSheri , Bali , or other Oflieer efiewite an'f‘Proc-ycaji-fl_]"i~ouz Court fer the King or Suhjeéf, and the Defendant hringeth ‘an Arffion of falfé Inz1gr'zfonnient,’fizeh'O_1ficer’ ‘am-’ not V plead Not Guilty , and giveth: Proce/} inffividence, hut rnufi he in- fbrced to plead the Statute at large, together ‘with their Inflruéfionr ,' which neverl yet ‘could he drawn hy the heft ‘Clerkg heflde: that it will co‘/f upward: o ten poundrg where- in‘ Perhapr,. t e dainage in the Ori- ginal AéIion.,did not exceed a I 2 d. X. -The}/aufiially. alter, and fre-- . _qIt€I2tl}’ quiet Poflej/ion upon the filing of a Bill there, without any Procef: fértzed upon the Defendant 5 and ogten-tiiner, upon the Oath: of the rofecutora wherehy gyrnen often, loflz their right, at leaft, with ftnuch charge find dzfliculty regain the fame. (sh) Anfwer. the fame has been Tryed at the great Sell fions in fome County of Wales, upon a feignedrlflhe direéted by this Court of the Marches; and befides, if there be a failure in this Court of the Marches, there is the like failure in the Court of the Exchequer- Chamber, ereéted by the Stat. of 27 Elias. for redrefiing Errors in the Kings-Bench; for if a Matter of Faét be pleaded there, the Statute by exprefs words does not pro- ‘vide how this Fae’: {hall be Tryecl, but in thoie cafes fuch Matters of Fatt have been Tryed by Nzfi prim: So that this Court of the Marches is no otherwife defeétive in this point than the Court of Exchequer- Chamber, and if either of them were de- feétive in theie points, as they are not, that is a defeét in the Law, and fuflicient caufe for a Parliament to redrefi it by a new A6t,but no caule to defiroy the Courts. And that this Court is aCourt of "Record in this refpeet,-is Very evident; for the pro- ceedings herein upon Writs of Error, are med. , _ l drawn by Council, and maintain’d, which “are yet to be yfe‘,e,ni7_r1pon Record,‘ and may he ufed 7as~'a ‘Ptelident in the like Cale at any time for a very inconfiderable Charge ,- and t if no fuch Plea had been yet drawn, yet Certainly it is not impoliible or diiliculc to be done by any Lawyer, ,cx‘cept the Au- thor of this Paper. C C P ,’ ,X. There is no Injunétion granted out of this Court to alter or quiet any PolTe{T— on before a Bill Fil’d in the Court, letting forth the Complainant’s Title, and an Aili- davit made, that he hath been in quiet and peacable Pofleliion, by Vertue of that Title, for three years before the exhibiting of the faid Bill, and then the Injunction is only to quiet ,tl‘16PQll‘CHlOn till Eviétion by a due courle of Law, which the Party enjoyned may commence and prolecute with what {peed he pleale, and fo bring the matter to a Legal determination. And if he recovers by Law, the Iniunétion is forthwith diiiolved. But if this Aflidavit ., be falfe, the Party concerned hath liberty to take Ifiiie thereupon, and to prove it fo lby Witneffes, which if he does, the In- XI. Many in Latin, as in other.Courts of Record,‘ and the Court takes its Jurifdiétion in this i particular by an A<9c of Parliament, and‘ awards Execution if thejudgment be alfir-‘y Pleas of Falls ImPrif0I1- rments broh htt'a*ga.1nfl' Ofl‘icers"for execu- ting the Procefs of this Court, have been‘ <6> Grievances. . ' A”f”er' , junction is itn_I11¢di;3§,€lY diiTg>lvecl’.a;1§1~g00F1 , Coils to him awardegltfotttbe veX8f1Qfl{A}1d ; ‘ moreover, the Kirigfs Attorney, attending P l , this Court, is ordered to.Pr.ofeeute an In- _ diétment of Peryury agalqfi tbc Olféfldfif‘ C l for_ this falfe Oath._ Tl'1f;5 I:I'0C¢_€dm‘8. 13 C ’ warranted by a p2lI‘t1Cl1l€li." ,tt;.§tt‘u§:tron from tbg King, grounded upon the lald §tatute .. of._;.4. and 35 _Hen. 8. cap. 26. ‘for the pre- venting of Blood lhed and Murder, Wh1Ch before often happened on fuch Occalions in Wales; and if that Power {hould be ta-. ken away, the old turbu.lent_ Humour a would foon revive, to the great diflutbance . of thetranquillity of that part of the K.1ng- . dom, and the Ptrongefi: Man would liave goffeflion of the befi Ell-ate, till he could i e eviéted by a fgr;atirE&tpe11ce,13zh1ch a poor Man out or o e ion cou never r o. X1, Mm} lewd and dzflolure Per-M .un(}1fLgT1;is may be obieeted againfi the ill’ firm live [9] ferving the Prove .r of P Courtof Chancery and Exchequer-C_ha_m- l ' Afli avit bet and divers other Courts, where illite- the Court , and 772,4/{zng ' A té P60 16 are mcmy employed to fuch t/Jereofg and though they czzgz nezt er ran 0&5}? but .particular care is taken in write nor read, yet,_wz,l1_ fwear t/oe {’hi«S1,’COm’t by the-Iudgcsafirimy to examine jerving of fiort)’ ‘fl’. lift)’ P ”‘’‘'‘?[7‘:’’ 17“; ‘ ’;'1i1_g‘:ri1, and to caution theni (well of what one times P956791” *5?! _."‘.’.”.’.”"‘ "athest 'ftR!§e1‘..fi!ii€15¥9"P§ni93i,t_hemc~;f. (hey ofientimer foifvear themfelvefa 4” lfwearlglpfe. _ A - . .' A “ mac!) prejudice the . ‘ , 4 ., . t. XII. That they ufiiailj grdffl 1”’ ' XII‘ poll?‘ nevfligtan. 5': 1.‘. jJti15l"i0iZI ‘to fizz} roceediizgr in 172- 0?sI otr Certzcwézgzeststoblftnfllgzz - 0 I1 Crlour’ ur 3 _ . Q i - _ 3* firiour 00%» W “'9 ‘W14 P’‘“‘ "”’9’ and out made or Pmiaiicran tbs: Infe- gfgrefiafil; and l?tc5tJ:%”’::’::ef’ riour Court, either becaufe the Plaintiff-13¢. [bi irzgrg rvaereas 1 W s " _ low is anlnhabitant in the I:I3feriour..Jurii?:_ tended, t/Je fizid COW 0f the C”"’“"’ ' diecion, and thctothera Foreigner-as Or if t 1 /3oldPle4 of the Plaintiff is an Alderman 0.9 the .Cor.— f the Mdrchej //Wild ° ‘ " or Related to the St rd or any Debt under flirty /7221/mgr. §;>5ggjgc»m: and Whc.n the rplatinggegéléw * appears, he by Anfwer fets forth; the Nai turc of his Plain: below, and Pléintifi , - in the Court’ of the Marches: by Replica; ‘tion fets forth what. he hath to._Plea,,d. in Bar, .and if thc: matter of 11is..Plea be not I fu»fl°lCi.€nt, the Plaintiff "below recovers his ll " - ‘ , Debt in this Court, with his,Co_fls';.and l t p . , , this removal be ‘befQre‘the‘V,erdi&,t * ‘ i upon the firfi Commencement of thesuit below, and the Party that ,femo,ves the » Action , mull’ firfi lagive Security.‘ in the 9 | Court of the Matches, to a11{s}ver.tl1eDuty t and Colts, in cafe the Suit goes againfl him. , N M A . 1 All which is warranted by the Itnfiruétions ' 6 f. P’ '— M , 1 C , (AF the Court. lAndlbelides all this, the 3, ;- C t ’ -' . Author of that Paper is challenged to fhew i it i 1 any Law, whereby the Court of the Mar- ches is intended to be excluded from hold: ing Plea of Debts under forty ihillings. A . . XIII.-T/mt C7) Grievances. A XIII. f That the Inhabitants of Wales are flibjebfinot only to the Court" and the Great Seflionr, A fbgto the Court: of'Weftm1n‘lter,and ‘oft-tizner _/Carved. to appear both" at London and Ludlow in one the flame days and that the reexa- tiaw Suits; and Proceedings in the fizid Court of Marcher, and the great Opprejfionr of the Praétzferr, Clerhr, Md Ofiicerr of the _/Zzid Court, have been of late by firveral Grand juries of feveral Counties in Wales, pre- fented as a great Grievance, and fit ‘ I y to be redrefléd. A XIV. .T/rat’ the the fetid, Court in an Expence to hi? Majefly of rnany tboufand Pound: ‘ er annumg and as the “Ofiicerr, C erk: , and Mini- fler; of the _/hid Court do manage their buflnef} there, do ‘make yfl, . gfthe Power: and Authority thereof, ,0 OPP”./} be; Majeflz'er Subjetftrgv and there being new no _Conrt of Star-Chanzber there, -the _/hid Court, is now ufelef}, there being §ourtr of La, and Equity held twice a year qftbe Grand Se_/fionr, where Caufer may be determined at lefiicharge and trouble to the Parties, within the proper County where they live. C: b’ t 14> . s ”’ (Z I Jur1fdir9cions, and fuflers moi’: by thofe of Anfweri _ ‘XIII. Thisis no Obieéiion ; for the fendants in this Court may appear by he torney: It is true, Wales is liable to feveral l/Wffminfier, fo chargeable and remote from thence. If the High Court of Chancery and Exchequer would not meddle with any Caufe of Equity arifing in Wales, if there were fewer Qua mz'nue’s~e-—fent out of the Ex- chequer into Wales, and none but againfi tfiich as were really Debtors to the King, as by Law it ought to be, if fewer Out; lawries were in the Kings-Bench and Common-Pleas , all reafonable men mull allow it would be better for Wales. And the Author of the pretended Grievances, would be a better Friend to his Country, to promote a Law to limit the Iurifdiétion of I thele Superiour, Courts, as to Welfh Caulés, , than to endeavour to pull down an ancient Court that contributes fo much to the good of his Country. i There is no Court without ill Pracititioners; but if that be an Argument to take away the ufe of all A Courts, where will be Jullice found? And thatthis Court muft be taken down, and not others in far greater Faults, 1s flrange Partiality. , XIV. The Expence of this Court to his Majefly, is not above 2700 l. per annum, which is inconliderable in ref edit of the Advantage it hath in all Ages rought to the Crown; for hereby the Peace and Tranquillity o-f the Nation is better main- tained than otherwife it would be; and it is for the Grandeur of the Crown to have a great Power to prefide in thole parts, e- fpecially when God [hall pleafe to blefs this Nation with a Prince of Wales. In the late times,when there was no Court holden in the Marches, many Outrages were com- mitted in the Intervals of War ; and it was then the refilels humour of that People to find out the way to Weftminfter, whereby many good Families were ruined: The Itch of going to Law, will bring more Grill to We/tmin/ter-Hall, and more Fees to fame mens Pockets ( which eradventure is the Diana, and the thing ome men contend for) but in a fhort time will impoveriih Wale: beyond imagination. The Author of this Paper in modefiy might have fps.- ned flying, that this Court hath ufed any Opprellion towards the King’s Sub;eé’cs, he had proved fome particular Inliance A fome better Teltirnony than his OWN bare Aflirmation : And as to what he fays, That the Charge of the Great Sellionsis leis than “ of this Court, this is like the ref’: ; for in the Great Seliions it is ufual for matters in C . equity fl ' .0‘ ‘}"§ e ‘ . . 1. guy? ~._,‘\.__,.. l.‘ ,upon them by Petitions, toygtifié 1‘ iCalZ2s of Foreigners; for if they 11 ' County, (9) .v 1 ~.___._‘_ ‘ ‘4_ _ _....__ ‘—* fi_ 4‘*"‘**‘ 1% Particular Coirveizieiicieir of the C 0 U of the R S if I ’ 7 s 1.‘ ‘I-‘His Court is the bell Court for mean Men who are to Contefffi i;h¢=,i;~l Right with Men of .»Fortune and Power; for by the Influence that} fuch great Men have with Jurors, Sheriffs, Bayliffs and other Officers, Men _.of fmall Ellates have frequently mifcarried in their Suits, how good foever their Titles were: Which Mi.fl:h;ief is e lily prevented bya worthy ‘Prefident, with it ‘Well- ohofen Council. l S I ,2. Whereas the Great Seffions are buttwice, a year, and Caufes there inffiquity often hold Five, Six, Seven, and Ten years before they come to a Determination, and fometiines Thirty Pound or more is given for Coils of Suits; This Court of the Marches ordinarily Deuerniines a Caufein three Terms, and leldoni allows for Coils above Fifty Shillings Tort.’-I’hreePound,, except extraordinary delayshave been usid rbyrthe 7D€f€flda!51£';‘ In. this Court there are holden Four Terms and two Appearances in one year, each of which, as to the difpatch of Bufinels, is at leaft eqtial to .a Great ‘Se-lfions, fo that as much Bufinels may be donein one Year in tliis=Court of the Marches, as in three in the Great Seflions, which are holden but it fix. times in threearyeialrs in any one County. S 3. If this Court be taken away, peradventure no Weljliman can be releiv’d in his own Country in any Equitable Caulle; f0I"..-It is doubtfulwhethet any other-Lawful Co‘urt‘of Equity be in Wale}, efpecially in Soutla-Wales: For-the Courts: of Equity in Soutl-Wales have in Wieflminjler-Hall often been queftioifd, and in the noted Cale of Pugh andO2"22en it was adjudged Illegal, and _a Prohibition Granted : The fame Reafon holds for the two Countys of Montgomery and Deal] in Mrtb-Wales; be-' cauf: thefc are new Counties made out of Lordlhips Marcher: by the Star. 2,6 H. 8.. c. 26. It is true the Judges of thofe Circuits after the Star. 34 H. 8. did take elief in‘ Equity in ionic particular Matters, but ’ f ll b Billitlll the time of 3‘; 1., And itiswell known a. Court of E- not Orma Y yereeted by the Kings Grant, but mull be by Pi°cl?.:ription, or by quity cannot be _ ‘ Aét of Parliament :/but if iuch a Court were legal, yet, as appears above, the Court of the Marches is more ufeful. . . A 4., Writs fr0niWejlminfler are very hardly Executed in Wales, efpecially in the appen to be con‘cern’d in any Ellates in l/Vales, ()[‘h3VC a. right to an§ Debt there, they will find luch Partiality in Sheriffs, that they will be without emedy if this Court be taken away; and this would deter fuch from having any dealings there, and the_ Gentry of that Country ought to coiifider, whether if this Court were down, it would not be extreamly difficult for them to borrow Money in England. . _ , . V H - s 5. In this Court a poor man compels his right againll Great men at a finall charge : for if he have many Debts owing l'.I‘Ol11'dlV6l‘5 perfoi-is, he may lue them all at one charge, and let forth his caufes of action againfi them feverally in one Bill, be they ten or more Defendants, and havejudgment and Execution feverally againfl: them. Whereas at We/lminflér, or the Great Seliions, he mull have ieveral Aetions, and coniequently beat the charge of IE) many Suits, each of which Suits will be far more expentive than this Suit inthe Marches for all the Debés ether. ' » (0%). If this Court be taken away, andjullice to be had only in the refpeétive Counties of IVale.r at the Great Seflions, lwhiich are limited to each particular their the re covery of many Debts will be avoided by the Defendant’s lone County into another, to prevent anyexecution, which is elpecially with them who live in the Confines of llepping out 0 . a frequent praétice 1 Counties. "(t to ,7. By the Statute of Rutlasml Judgments, or Actions of Debt, in the Great‘ ‘Seflloizs, are given by “default, without anynotice or Summons, to the Defen- ida'fl\tS,“""l1p0'l”l -a prefumption that all perfons are to be prefent at the {aid Séfllom, upon the general Summons of the County, Fifteen days before. Many taking advantage of this, commence Actions‘ on purpofe aagainfi perfons without any caufe,’,and efpecially, againfi fuch as have Efiates in Wales, and yet live in other ' Counties , ‘ whereby it is imptofligble they fhould have notice to defend ‘them. felves : ‘So that people in their Perfons and Efiates are fi1tpriz’d’ and ieizfld’. which is the firit notice they receive of any Suit againit them. At the Court of the Marc be: this is fpeedily reliev’d at avery little charge; but in the Courts of /7;‘/efl- mmjlergorelfewhere, thefiemedly is tedious and chargeable; which would caufi; Tn‘ahy5-fulfill‘ pretended Debts to 6-’{p'aid or compounded, rather than men would «be a-tithe expense of fredrefling Vthemfelves by fuch troublefom ; means. A, this .1, tipegharps , i may *make fome Injunctions to the Great Sefllom ex- Icuiablew, , 8‘fThe quieting of a three Years peaceable Poffeiiion, hath beenfound great- ly beneficial for Wales, where many firifes happen very often on fuch occafions, with the death and wounding of men, which no Court befides this of the Mme“ can Ioeffeétually, and readily prevent. ~The"re are other advantages which attend the Jurifdiétion of this Court, too many to be here“ enumerated; but to any unprejudic’d perfons, this may ‘appear fuificient to thew, that the Clamours againfi this Ancient Court have been .groundlefs .- and that if it be taken away, all people that have any Concerns in Walt: :( except fuch as like not” to "pay their Debts and do right to their Neigh- bours) will find the want of it when it is» too late. Yet had the Clamours any thing of Juftice in them,» the total abolifhing a Court of fo long and legal an Efiablilhment, and fo highly beneficial to the Subjects of Englaml and Wales, might iprove an Innovation of dangerous confequence, at a time when tis not fit to try f.fuch Experiments; norwou-ld it be for thelntereft of the Publick, to have thou- fands now“ petitioning for ]uflice,f as they did upon the return of C. 2. after the -.dii2:oun“tinanc>eof this Court by the preceding’ Troubles. l r "»-ix-!'s:-“if 4, ’ —‘ p .r~=t~“‘«-flab!“ ' '*",‘: i‘~'v§£’i"“'..‘5.'-‘if ~ v.rs,-°« 3:M;,L.,,».:. .;.,..;."~.:,‘...—;~..‘.~ ,~_._.__~__ _ . g ,. . ' ‘.312.-aw ,1:-_':.o-c-tu,.».p».' L? AZ :r"""‘*«h.—§¢a<4.'<;r>-Ia, > -. - ?~*~ ~ - :;.~«s-—*='