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Marshal

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A court which had cognizance of cases which arose within the Verge i. e. within 12 miles of the place where the king was actually residing. Its judges had jurisdiction as deputies of the Lord Chief Justice; when he was present, their general authority ceased. When, in 28 Edw. I., the King's Bench was ordered to follow the king, their general jurisdiction practically ceased, though they sometimes tried cases in vacation under a special commission of oyer and terminer. As judges of the Court of the Marshalsea. the Steward and the Marshal had jurisdiction in debt and covenant (if both parties were of the King's household), and in trespass vi et armis (if one was); and it was limited to the Verge (10 Co. Rep. 71). As it was obliged to follow the king it was an extremely inconvenient court to use. It is probable that the fiction by which sprang from its early connection with this court Charles I. created a Court of the Palace to be held by the Steward and the Marshal, baying jurisdiction over all personal actions arising within the Verge of Whitehall, but cases begun there, if of Importance, were usually removed to the King's Bench r Common Pleas; l Boldsw.

Hist. 1;. I.. BO.

The Palace Court was abolished by 12 & 13 Vict. c.

101..'J Steph. Com. 317.

COURT OF SWANIMOTE or SWE1N- MOTE (spelled, also, Swainmote, Swain-gemote; Saxon, strung, an attendant, a freeholder, and mote or gemote, a meeting). In English Law. One of the forest courts, now ol solete, held before the verderers, as Judges, by the steward, thrice In everj — the sweins or freeholders within the forest composing the jury. This court had jurisdiction to inquire into grievances and oppressions committed by the officers of the forest, and also to receive and try presentments certified from the court of attachments, certifying the cause, in turn, under the seals of the jury, in case of conviction, to the court of justice seat for the rendition of judgment Cowell; 3 Bla, Com. 71, 72;:: Steph. Com. 317, n.

See Inderwick, King's Peace 150; Forest Laws.