The GRIEVANCES Of His Majesties Subjects residing within the Principality of WALES in respect of the Court of the Council in the Marches of Wales.
THe said Court was at first erected to suppress the violence of the Welsh, and for preservation of the peace in the Marches, and in the nature of the late Court of Star-Chamber; but in process of time encroached on the Courts of Common Law, and held Pleas in Civil Actions by English Bill, and took incouragement thereto, by the Clause in 34 and 35 Hen. 8. cap. 26. that gives that Court power to hear and determine, by their directions, such matters as then-after should be assigned by the King, as then-to-fore used. And the same Act constitutes Courts of the great Sessions in every County, for determining of all Causes and Suits, where there is also a Court of Equity.
The Grievances.
I. That nevertheless, the Judges of the said Court of the Marches do take Cognizance, and take upon them to decree damages in Actions of Trespass on the Case, Slander, Assault and Battery, &c. where the damages are uncertain, and ought by the Law of the Land to be assessed by a Jury.
II. That the Defendants in matters of Assault and Battery, are in the said Court compelled to appear to an English Bill, and to answer the same upon Oath, though the same contain matters Criminal.
III. That the said Court do hold Plea, hear and make Decrees for small Debts, under forty shillings; and in such Suits, do allow more Costs than the Debts and Damages do amount unto: and that in Actions and Suits for Trespass, Assault and Battery, and on the Case, where the damages are not proved to be above 2 d. there are usually given by the said Court 4 or 5 lib. costs; and where the Plaintiffs Bill is dismist, it is generally without any Costs to the Defendant; by reason whereof, many vexatious and troublesome Suits are incouraged by the Clerks and Sollicitors belonging to the said Court.
IV. That no Defendant shall in the said Court have a Dedimus to answer, but he must first pay the Plaintiff, or his Attorney, 6 s. 8. d. which, with the Copy of the Bill, Dedimus, Drawing, Answer, and expence of Commissioners, &c. will amount to 40 or 50 s. notwithstanding the Debt or Damages in demand is not really 6 d. To avoid which expence, and especially when they are sued and molested by beggarly people, the Defendants in such Actions, though there be no Cause of Action against 'em, do chuse rather to compound with the Plaintiff, than to answer the Action with so great an expence; which gives great encouragement to Cursitors and other litigious poor people to bring and multiply vexatious Actions in the said Court, whereby the mean and ignorant sort of people within the said Jurisdiction are very much impoverished.
V. That the Processes for Contempt in the said Court, were generally directed (not to the Sheriffs) but to private persons, nominated by the Plaintiff, who are not sworn Officers, as well as to Pursuivants, and Serjeant at Arms; by whom several poor people are usually forced from their own habitations, being 100 miles distance, to Prison, to the Lodge at Ludlow, for non-payment of the unreasonable and great Fees demanded by such Officers.
VI. That where any of his Majesties Courts of Westminster do grant Prohibitions, in Causes not properly determinable in the said Court, yet if me Party that procures such Prohibition, after he is put to a considerable Charge, hath no benefit thereof, unless he personally serves the other party therewith (who will generally abscond) the Judges of the said Court refusing to obey any such Prohibition, or else imprisoning such as serve them therewith.
VII. That after Actions brought, or Trials had in his Majesties Court of great Sessions, or in his Majesties Courts at Westminster, the Judges of the said Courts of Marches, upon a Bill filed in that Court by the Defendant at Law, suggested matter of Equity, do usually take upon them to grant Injunctions to stay proceedings in the said Courts of Westminster, and great Sessions; and in case the Plaintiff at Law go on in any such Actions, will severely proceed against, and imprison such Plaintiffs at Law, if to be found within their Jurisdiction.
VIII. That in case of a Writ of Error, of a Judgment in a personal Action in the Grand Sessions in Wales, brought in the said Court of the Marches, if after Errors assigned, the Defendant in the Writ of Error pleads a Release, or other matter of fact thereto, the said Court cannot proceed to determine such Error for want of a Jury; whereby such Writs of Error will for ever remain undetermined, and the Plaintiff in the great Sessions shall never have any fruits of his Judgment; which is a failer of Justice, which has several times fallen out in the said Court, upon Writs of Error there brought; besides that the said Court of Marches, which is no Court of Record, take upon them to correct and determine Errors in the great Sessions, which is a Court of Record.
IX. If a Sheriff, Bayliff, or other Officer execute any process from that Court for the King or Subject, and the Defendant bringeth an Action of false Imprisonment, such Officer cannot plead Not Guilty, and giveth Process in Evidence, but must be inforced to plead the Statute at large, together with their Instructions, which never yet could be drawn by the best Clerk; besides that it will cost upwards of ten pounds; whereas perhaps, the damage in the Original Action did not exceed 12 d.
X. They usually alter, and frequently quiet possession upon the filing of a Bill there, without any Process served upon the Defendant; and often-times upon the Oaths of the Prosecutor; whereby men often lose their right, at least, with much charge and difficulty regain the same.
XI. Many lewd and dissolute Persons live by serving the Process of the Court, and making Affidavit thereof; and though they can neither write nor read, yet will swear the serving of forty or fifty Processes at one time; wherein they cannot but oftentimes forswear themselves, and much prejudice the Defendant.
XII. That they usually grant Injunctions to stay proceedings in inferiour Courts, which hold Plea only of Trespasses, and Debts under sorry shillings; whereas it was never intended, the said Court of the Council of the Marches should hold Plea of any Debt under forty shillings.
XIII. That the Inhabitants of Wales are subject not only to the Court and the Great Sessions, but also to the Court of Westminster, and often-times served to appear both at London and Ludlow in one and the same day; and that the vexatious Suits and Proceedings in the said Court of Marches, and the great oppressions of the Practisers, Clerks, and Officers of the said Court, have been of late, by several Grand Juries of several Counties in Wales, presented as a great Grievance, and fit to be redressed.
XIV. That the said Court is an expence to his Majesty of many thousand Pounds per Annum; and as the Officers, Clerks, and Ministers of the said Court do manage their business there, do only make use of the Power and Authority thereof, to oppress his Majesties Subjects; and there [...]eing now no Court of Star-Chamber there, the said Court is now useless, there being Courts of Law and Equity held twice a year of the Grand Sessions, where Causes may be determined, at less charge and trouble to the Parties, within the proper County where they li [...]e▪