Marshalsea Court
Encyclopedia
The Marshalsea Court was a court associated with the Royal Household
in England.
It was a court of record held by the Steward
and Marshal 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 dealt with cases of trespass committed within the verge of the court, fixed at 12 miles round the sovereign's residence, if only one party was in the sovereign's service, and with debts, contracts and covenants, where both parties belonged to the royal household, in which case the inquest was composed of men from the royal household only. Its criminal jurisdiction had long fallen into disuse by the time its civil jurisdiction was belatedly abolished in 1849.
Associated with the Court was the Marshalsea 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 a site off Borough High Street in 1811. Here it largely functioned as a debtor's prison
until 1842 when its role was taken over by the Queen's Bench Prison
.
In 1630 Charles I
created by letters patent
(renewed in 1665) a new court called the Palace Court to be held by the Steward of the Household and Knight 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 of Whitehall Palace (the jurisdiction of the Marshalsea court, the City of London
, and Westminster 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 practicing before both the Marshalsea Court and the Palace Court overlapped, as was the case with the Lincoln's Inn barrister Levett Blackborne
, grandson of Sir Richard Levett
, former Lord Mayor of London
. Blackborne served as steward of both courts, as did several other barristers.
The Palace Court was held weekly together with the ancient Court of Marshalsea. The Court was abolished in 1849.
Royal Household
A Royal Household in ancient and medieval monarchies formed the basis for the general government of the country as well as providing for the needs of the sovereign and his relations....
in England.
It was a court of record held by the Steward
Lord Steward
The Lord Steward or Lord Steward of the Household, in England, is an important official of the Royal Household. He is always a peer. Until 1924, he was always a member of the Government...
and Marshal 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 dealt with cases of trespass committed within the verge of the court, fixed at 12 miles round the sovereign's residence, if only one party was in the sovereign's service, and with debts, contracts and covenants, where both parties belonged to the royal household, in which case the inquest was composed of men from the royal household only. Its criminal jurisdiction had long fallen into disuse by the time its civil jurisdiction was belatedly abolished in 1849.
Associated with the Court was the Marshalsea Prison
Marshalsea
The Marshalsea was a prison on the south bank of the River Thames in Southwark, now part of London. From the 14th century until it closed in 1842, it housed men under court martial for crimes at sea, including those accused of "unnatural crimes", political figures and intellectuals accused of...
. Originally the prison of the Court of the Marshalsea and known from about 1300, it was on a site in Mermaid Court, Southwark
Southwark
Southwark is a district of south London, England, and the administrative headquarters of the London Borough of Southwark. Situated east of Charing Cross, it forms one of the oldest parts of London and fronts the River Thames to the north...
until relocated to a site off Borough High Street in 1811. Here it largely functioned as a debtor's prison
Debtor's prison
A debtors' prison is a prison for those who are unable to pay a debt.Prior to the mid 19th century debtors' prisons were a common way to deal with unpaid debt.-Debt bondage in ancient Greece and Rome:...
until 1842 when its role was taken over by the Queen's Bench Prison
King's Bench Prison
The King's Bench Prison was a prison in Southwark, south London, from medieval times until it closed in 1880. It took its name from the King's Bench court of law in which cases of defamation, bankruptcy and other misdemeanours were heard; as such, the prison was often used as a debtor's prison...
.
In 1630 Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
created by letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
(renewed in 1665) a new court called the Palace Court to be held by the Steward of the Household and Knight Marshal
Knight Marshal
The Knight Marshal is a former office in the British Royal Household established by King Henry III in 1236. The position later became a Deputy to the Earl Marshal from the reign of Henry VIII until the office was abolished in 1846 ....
, and the steward of the court or his deputy, and having jurisdiction to hear all kinds of personal actions between parties within twelve miles of Whitehall Palace (the jurisdiction of the Marshalsea court, the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
, and Westminster 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 practicing before both the Marshalsea Court and the Palace Court overlapped, as was the case with the Lincoln's Inn barrister Levett Blackborne
Levett
Levett is an Anglo-Norman territorial surname deriving from the village of Livet-en-Ouche, now Jonquerets-de-Livet, in Eure, Normandy. Ancestors of the earliest Levett family in England, the de Livets were lords of the village of Livet, and undertenants of the de Ferrers, among the most powerful of...
, grandson of Sir Richard Levett
Richard Levett
Sir Richard Levett , Sheriff, Alderman and Lord Mayor of London, was one of the first directors of the Bank of England, an adventurer with the London East India Company and the proprietor of the trading firm Sir Richard Levett & Company. He had homes at Kew and in London's Cripplegate, close by...
, former Lord Mayor of London
Lord Mayor of London
The Right Honourable Lord Mayor of London is the legal title for the Mayor of the City of London Corporation. The Lord Mayor of London is to be distinguished from the Mayor of London; the former is an officer only of the City of London, while the Mayor of London is the Mayor of Greater London and...
. Blackborne served as steward of both courts, as did several other barristers.
The Palace Court was held weekly together with the ancient Court of Marshalsea. The Court was abolished in 1849.