| Marshalsea |
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 South view of the north range of the Marshalsea in 1773: the original prison ('now called the common side') is on the far left, the Marshalsea courtroom is centre-right. |
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TheMarshalsea Court (orCourt of the Marshalsea, also known as theCourt of the Verge or theCourt of the Marshal and Steward)[1] was a court associated with theRoyal Household in England. Associated with, but distinct from, the Marshalsea Court was thePalace Court, which came into being in the 17th century.
| Act of Parliament | |
 | |
| Long title | None |
|---|---|
| Territorial extent | |
| Dates | |
| Royal assent | 1390 |
| Commencement | 17 January 1390[a] |
| Repealed | 10 August 1872 |
| Other legislation | |
| Amended by | Statute Law Revision Act 1863 |
| Repealed by | Statute Law (Ireland) Revision Act 1872 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
Both courts had jurisdiction within a geographical area known as theVerge of the court,[2] which was fixed by theCourt of Marshalsea Act 1389 (13 Ric. 2. Stat. 1. c. 2).
The Marshalsea and Palace Courts were both abolished on 31 December 1849 by theCounty Courts Act 1849 (12 & 13 Vict. c. 101).
The Marshalsea of the King's House was acourt of record held by theSteward andMarshal of the Royal Household, to administer justice between the sovereign's domestic servants "that they might not be drawn into other courts and their service lost". It was considered to be one of the most ancient courts of the realm; it sat byprescriptive right and was adjudged to be coeval with thecommon law of the land.[3] In the middle ages the court was held in thehall of the King's palace, and 'followed the person of the King wherever he should go'.[4]
Originally the jurisdiction of the court was general and extensive: 'it comprehended allactions,real,personal and mixed, and allpleas of the crown within the verge'. In 1300, however, a statute was passed limiting the court's jurisdiction.[5] Subsequently it dealt with cases oftrespass committed within the verge, if one party was in the sovereign's service; and withdebts,contracts andcovenants, where both parties belonged to the royal household, in which case the inquest was composed of men from the royal household only. Over time the criminal jurisdiction of the court fell into disuse (being superseded by commissions ofoyer and terminer andgaol delivery which were known as commissions of the verge), though it continued to exercise civil jurisdiction.[6]
Associated with the court was theMarshalsea Prison. Originally the prison of the Court of the Marshalsea and known from about 1300, it was on a site in Mermaid Court,Southwark until relocated to an adjacent site offBorough High Street in 1811. Here it largely functioned as adebtor's prison until 1842 when its role was taken over by theQueen's Bench Prison. Up until 1801, the meeting place of the Court was co-located with the prison; in 1373 Edward III had issued instructions for the Marshalsea court and prison to be rebuilt 'in our royal street' (i.e. King Street) in Southwark.[6] Later the same courtroom was used by the Palace Court.
In 1630Charles I created byletters patent (renewed by Charles II in 1665) a new court, the Court of the Palace of the King at Westminster, to be held by the Steward of the Household andKnight Marshal, and the steward of the court or his deputy, and having jurisdiction to hear all kinds of personal actions between parties within twelve miles ofWhitehall Palace (the jurisdiction of the Marshalsea court, theCity of London, andWestminster Hall being excepted). It differed from the Marshalsea court in that it had no jurisdiction over the sovereign's household, nor were its suitors necessarily of the household. The privilege of practising before the palace court was limited to four counsel.
In some cases, the counsel practising before both the Marshalsea Court and the Palace Court overlapped, as was the case with the Lincoln's Inn barristerLevett Blackborne, grandson of SirRichard Levett, formerLord Mayor of London.[7] Blackborne served as steward of both courts, as did several other barristers.[8]
Latterly the Palace Court was held weekly together with the ancient Court of Marshalsea (allegedly 'for many years no legal business was transacted in the Marshalsea Court, though it continued to be opened and closed with the same legal formalities as the Palace Court, the judges and other officers being the same in both').[9]
By the end of the 18th century the court building in Southwark had become very dilapidated, and in 1801 the courts moved into new purpose-built premises inGreat Scotland Yard.[9] The Court Office, however, was to be found inClifford's Inn; (as noted byHatton in hisNew View of London, 'none except members of Clifford's Inn may practise [asattorneys] in this court').[10]
The Marshalsea Court and Palace Court were both abolished in 1849, whereupon the building in Scotland Yard was transferred to the Metropolitan Police (whose headquarters were opposite),[11] and it served as a police station until 1891 (when the police relocated toNew Scotland Yard);[12] the old court building subsequently housed the offices of the Chief Inspector ofReformatories andIndustrial Schools, until it was demolished as part of a comprehensive rebuilding of the area in 1909.[13]
In the 1820s the officers of the court were listed as:[14]
along with four Counsel (two from theTemple, two fromLincoln's Inn) and six Attornies (all of Clifford's Inn).
In addition theKing's Marshalmen served astipstaffs to the court.[15]