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 ▪