Pl. courts martial, sometimes incorr. court-martials. Forms: α. 6–7 martial(l court, marshal(s court; β. 7–8 court marshal(l, 7– court-martial, court martial. [Originally martial court: see MARTIAL. In 17th c. sometimes written marshall or marshall’s court.]
1. A judicial court, consisting of military or naval officers, for the trial of military or naval offences, or the administration of martial law.
There are various kinds of courts martial, differing in power and function, as General, Garrison, Regimental.
α. 1571. Hanmer, Chron. Irel. (1633), 120. They enter into consultation and call a martiall court.
1611. Beaum. & Fl., Knt. Burn. Pestle, V. ii. (1613), I 4 b. As I am a Souldier, and a Gentleman, it craues a Martiall Court.
1633. T. Stafford, Pac. Hib., vi. (1821), 76. To try the delinquents by a Marshals Court.
1639. (Feb. 14) in Rymer, Fœdera, XX. 367/1. We do give … to you full power … to hold … one or more Military or Martial or Marshal Court or Courts.
β. 1651. in J. Seacome, Hist. Ho. Stanley (1735), 135/2. If a Judgment be given in one Court Martial, there is no Appeal to any other Court Martial.
1660. Hickeringill, Jamaica (1661), 78. Leaving them to the Mercy of their opponents Court-Marshalls, who presently doom’d them to be shot to death.
1712. Steele, Spect., No. 49, ¶ 7. Without waiting the Judgment of court-martials.
1814. Wellington, in Gurw., Desp., XII. 33. The formation of the General Court Martial for the trial of Lieut. General Sir John Murray, Bart.
1844. Regul. & Ord. Army, 230. The Mutiny Act restricts the award of Corporal punishment by a General Court-Martial to 200 Lashes; by a District or Garrison Court-Martial to 150 Lashes; and by a Regimental Court-Martial to 100 Lashes.
1867. Freeman, Norm. Conq. (1876), I. App. 757. If Cnut’s courts martial really exercised this kind of jurisdiction, it was a clear violation of the constitutional rights of Ealdormen.
b. Drumhead court-martial: a court-martial summoned round an upturned drum, for summary treatment of offenders during military operations.
1835. Col. C. Shaw, Lett., in Mem. War Spain, II. 449. I had the thirteen ringleaders tried by a drum-head court-martial.
1864. Sala, in Daily Tel., 20 April, 5/3. There is no more law but that of drumhead court-martial.
1880. McCarthy, Own Times, IV. xlix. 27. Taken to Morant Bay … tried by a sort of drumhead court-martial, and instantly hanged.
c. attrib.
1833. Palmerston, in Sir H. Lytton Bulwer, Life (1870), II. x. 149. Hardly any [Tories] voted with us on the court-martial clauses.
† 2. (See quot.) Obs.
1632. J. Lee, Short Surv. Sweden, 43. The next … is the colledge of war, wherein are handled all Martiall or Military affaires, and is called the Court marshall or martiall. To this court belongs the Councell of War…: and over this court presides the great Marshall of the kingdome.
