The Court of the Marshalsea, which accompanied the king and held jurisdiction over specific cases within a 12-mile radius of the king’s dwelling, had its steward and marshal serving as judges. They presided over criminal cases as well as those involving debt, covenant, and certain trespasses. Nevertheless, due to its mobility alongside the king, the court posed inconvenience for those seeking its services. Consequently, the court was abolished in 1849.
The Court of the Marshalsea, also known as the Court of the Steward and Marshal, was a court that accompanied the king and had authority over specific cases within a 12-mile radius of the king’s residence. The court’s judges, the steward and marshal, presided over criminal cases and civil disputes involving debt, covenant, and certain trespasses. However, the court lacked jurisdiction over newer types of legal actions such as assumpsit and trover. Due to its mobile nature, the court posed inconvenience for litigants, leading to its abolition in 1849. The court’s previous jurisdiction was transferred to the court of King’s Bench. For instance, if an individual committed a crime within 12 miles of the king’s residence, they would be tried in the Court of the Marshalsea. On the other hand, if someone wished to file a lawsuit involving a newer form of action like assumpsit, they would need to approach the court of King’s Bench instead.
The Court of the Marshalsea was a historic court in England that had jurisdiction over matters related to the royal household, military, and maritime affairs.
The court primarily dealt with cases involving military offenses, breaches of military discipline, disputes among soldiers, and matters related to the royal household, such as theft or misconduct by servants.
No, the Court of the Marshalsea ceased to exist in 1849 when it was abolished along with other specialized courts in England.
The court had the power to impose various punishments, including fines, imprisonment, corporal punishment, and even death in certain cases.
Yes, the court operated under its own set of laws known as the “Marshal’s Law,” which was distinct from common law and other legal systems.
The court was presided over by the Marshal of the Marshalsea, who was a high-ranking officer responsible for maintaining discipline within the royal household and military.
Yes, civilians could be brought before the court if their offenses fell within its jurisdiction, such as theft from the royal household or assaulting a soldier.
Yes, like other courts, the decisions of the Court of the Marshalsea could be appealed to higher courts, such as the Court of King’s Bench.
The court played a significant role in shaping military law and contributed to the development of legal principles related to military discipline and the administration of justice within the royal household.
Yes, there are several notable cases, such as the trial of Admiral John Byng in 1757 for failing to do his utmost in battle, which resulted in his execution. The court also handled cases related to the mutiny on the Bounty in 1789.
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This glossary post was last updated: 17th April 2024.
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