Legal Definitions - Court of the Marshalsea

The Court of the Marshalsea was a historical English court that operated from medieval times until its abolition in 1849. Unlike most courts, it did not have a fixed location but instead traveled with the King wherever he resided. Its jurisdiction was limited to cases that arose within a 12-mile radius of the King's current residence, an area historically known as "the verge."

The court's judges were the King's steward and marshal, and it heard both criminal cases and certain types of civil disputes, such as those involving debt, broken agreements (covenants), and specific instances of trespass. Its migratory nature often made it highly inconvenient for litigants, who might have to follow the court across the country to pursue or defend their cases. Over time, its powers became increasingly restricted, and its importance diminished before it was finally abolished.

Here are some examples illustrating how the Court of the Marshalsea would have functioned:

• Criminal Case within the Verge: Imagine the King of England is residing at Windsor Castle. A minor assault or theft occurs in a village just five miles away. Because this incident happened within the 12-mile "verge" of the King's residence, the Court of the Marshalsea would have been the appropriate body to hear the criminal charges against the accused, rather than a local county court.

• Civil Dispute and Mobility: Suppose the King was on a royal progress, moving from one estate to another across the countryside. While he was temporarily staying near Salisbury, a dispute arose between two local landowners over a small debt. If both parties were located within the 12-mile radius of the King's current lodging, the Court of the Marshalsea could have heard their case. However, if the King then moved on to Winchester, the litigants would have had to follow the court to continue their proceedings, highlighting its mobile nature and the inconvenience it caused.

• Specific Civil Action and Limited Scope: A dispute involving a broken contract (a "covenant") might arise between a royal tailor and a supplier while the King was settled in Westminster. If the breach occurred within the 12-mile verge, the Court of the Marshalsea would have had jurisdiction over this specific type of civil claim. This demonstrates its authority over certain "common pleas" like covenants, but also implicitly its limited scope compared to other courts that handled a wider array of contractual disputes regardless of the King's location.