Legal Definitions - Court of the Lord High Steward

The Court of the Lord High Steward was a specialized historical court in England, established specifically to try members of the nobility, known as "peers," who were accused of serious crimes such as treason or a felony. This court was unique because it would only be convened when the main legislative body, the House of Lords, was not in session. In this court, the Lord High Steward acted as the presiding judge, making decisions on legal matters, while a jury composed of other peers would determine the factual guilt or innocence of the accused. This court last sat in 1688 and is no longer part of the English legal system.

Here are some examples illustrating how the Court of the Lord High Steward would have functioned:

• Imagine it's the year 1650, and Parliament is currently adjourned for several months. A powerful Duke is accused of conspiring to overthrow the monarchy – a grave charge of treason. Since the House of Lords is not in session to conduct such a trial itself, the Court of the Lord High Steward would be specially commissioned to hear the case.

  This example illustrates the core function of the court: trying a peer (the Duke) for a serious crime (treason) under the specific condition that the House of Lords was not in session.

• Consider a scenario in 1580. An Earl is indicted for a serious felony, specifically the murder of a rival landowner. At the time of the indictment, the House of Lords is in a period of prorogation (a formal suspension of parliamentary sessions). In this circumstance, the Lord High Steward would be appointed to preside over a special court to try the Earl for the felony.

  Here, a peer (the Earl) is accused of a felony, and the court is formed because Parliament (specifically the House of Lords) is not sitting, again demonstrating the specific condition under which this court would be called.

• Let's go back to 1485. A Baron is accused of a felony, specifically leading a band of armed men to seize another nobleman's castle by force. During the trial in the Court of the Lord High Steward, the Lord High Steward himself would rule on whether certain evidence, like a confession obtained under duress, was legally admissible. The other peers sitting on the court would then weigh the admissible evidence to decide if the Baron was factually guilty of the crime.

  This example highlights the distinct roles within the court: the Lord High Steward deciding questions of law (such as evidence admissibility) and the other peers deciding questions of fact (the Baron's guilt or innocence), which was a defining characteristic of this court.