MARSHALSEA, COURT OF. A court originally held before the steward and marshal of the royal household.
It was instituted to administer justice be tween the servants of the king's household, that they might not be drawn into other courts and their services lost. It was anciently am bulatory ; but Charles I. erected a court of record, by the name of curia palatii, to be held before the steward of the household, etc., to hold pleas of all personal actions which should arise within twelve miles of the royal palace at Whitehall, not including the city of :London. This court was held weekly, to deter mine causes in volvi ng less than twenty pounds, together with the ancient courtof Marshalsea, in the borough of Southwark. A writ of error lay thence to the king's bench. Both courts were abolished by the stat. 12 & 13 Vict. c. 101, 13. See Jacob, Whishaw, Law Diet. r MARTIAL LAW. That military rule and authority which exists in time of war, and is conferred by the laws of war, in relas tion to persons and things under and within the scope of active military operations, in carrying on the war, and which extinguishes or suspends civil rights and the remedies founded upon them, for the time-being, so far as it may appear to be necessary in order to the full accomplishment of the purposes of the war. Prof. Joel Parker, in N. A. Rev., Oct. 1861.
The application of military government to persons and property within the scope of it, according to the laws and usages of war, to the exclusion of the municipal government, in all respects where the latter would impair the efficiency of military rule and military action. Id. ibid.
2. It supersedes all civil proceedings which conflict with it, Benet, Mil. Law, but dcei not necessarily supersede all such , ings.
It extends, at least, to the camp, environs, and near held of military operations, 7 How.
; 3 Mart. La. 530; 6 American Archives, 186 ; and see, also. 2 H. Blackst. 165 ; 1 Term, 549 ; 1 Knapp, Priv. Conn. 316 ; Dougi. 573 ; 13 How. 115 ; but does not extend to a neutral country. 1 Hill, N. Y. 377. And see 25 Wend. N. Y. 483, 512, n. It is founded on paramount necessity, and imposed by a mili tary chief. 1 Kent, Comm. 377, n. For any excess or abuse of the authority, the officer ordering and the person committing the act are liable as trespassers. 13 How. 115, 154 ; 1 Cowp. 180.
Consult the article COURT MARTIAL ; Hal= leck, Int. Law ; 1 Hale, Pl. Cr. 347 ; 1 Lie ber, Civ. Lib. 130 ; McArthur, Courts Mart. 4th Lond. ed. 34 ; DeHart, Mil. Law, 13-17 ; Tytler, Courts Mart. 11-27, 58-62, 105 ; Ifough, Mil. Courts, 349, 350 ; O'Brien, Mil. Law 26, 30; Bowyer, Const. Law, 424; 3 Webster, Works, 459 ; Story, Const. 1342 ; 8 Atty. Gens. Opinions, 365-374 ; 12 Metc. Mass. 56 ; 3 Mart. La. 531 ; 1 Mart. Cond. La. 169, 170, n. • 7 How. 59-88 ; 15 id. 115 ; 16 id. 144 ; 10 'Johns. N. Y. 328 • 17 Bost. Law Rep. 125 ; 24 id. 78 ; 4 *est. Law Monthl. 449.