Marshalsea

1.

The name of an English court, now abolished. It •was originally held before the steward and marshal of the king's house; having been instituted to administer justice between the king's domestic servants, in order that they might not be drawn into other courts, and thus deprive the king of their services, but was afterwards merged in the palace court, erected by King Charles I., to be held before the steward of the household and knightmarshal, and the steward of the court or his deputy, with jurisdiction to hold plea of personal actions between any parties within twelve miles of the king'.s palace at Whitehall, outside of London.

2.

The name of a prison. According to Mozley and Whiteley, there have been two prisons of the name. The prison of the marshalsea of the court of queen's bench, in Southwark, otherwise called the queen's bench prison, was a prison for debtors, and for persons confined under the sentence or charged with contempt of the court of queen's bench. The prison of the marshalsea of her majesty's household was a prison for debtors, and for persons charged with contempt of the courts of the marshalsea, the court of the queen's palace of Westminster, and the court of admiralty, and also for admiralty prisoners under sentence of court-martial. This prison was abolished in 1842, by Stat. 5 & 6 Vict, ch. 22, and the prisoners transferred to the queen's bench prison, which was thenceforth to be called the queen's prison, and was so called until its abolition, in 1862, by Stat. 25 & 26 Vict. ch.

104.

This seems to be the prison mentioned by other books under the name government or sway over civil and personal affairs, which is exercised, in time of war, by the commanding general of a military force occupying a city or region of tei Titory, and founded upon the necessities of the case, and the interruption of civil authority by the pending hostilities. The operations of an army, in time of war, often require, even in their own country, that civil government should be suspended for the time being; and, when an army comes into belligerent occupation of enemy's territory, suspension of the local government is almost a necessary result. Under such circumstances, a necessity is considered to arise that the commanding general of the army should administer such rules as he thinks best to prescribe, both to promote the efficiency and success of the military operations and to 'secure such measure of good order throughout the territory subject to his occupation as may be practicable. This substitution of the discretion and will of the military authorities for civil law is what is properly known as martial law. It is founded on necessity, and can be justified only while the necessity continues. It must be distinguished from military law, q. v. Martial law is the will of the general / who commands the army of occupation, i Re Egan, 5 Blalchf.

319.

I For an extended discussion of the mean- / ing of the terra, and the extent to which ■martial law may be proclaimed by the president as commander-in-chief of the army, within the territory of the United States, see Griffin i>.

Wilcox, 21 Ind. 370.