Justiciar
Justiciaris the English form of themedieval Latintermjusticiariusorjustitiarius(meaning "judge" or "justice").[1][2]TheChief Justiciarwas the king'schief minister,roughly equivalent to a modernPrime Minister of the United Kingdom.[3]
The Justiciar of Ireland was an office established during theAnglo-Norman invasion of Irelandand was a key tool in its colonisation. Following the conquest of thePrincipality of Walesin the 13th century, the areas that became personalfiefsof the English monarchs were placed under the control of theJusticiar of North Walesand theJusticiar of South Wales.
A similar office was formed in Scotland, although there were usually two or three – theJusticiar of Scotia,theJusticiar of Lothianand, in the 13th century, theJusticiar of Galloway.These offices later evolved into a national one called Lord Justice-General. The modern title isLord President of the Court of Session.
Similar positions existed incontinental Europe,particularly inNorman Italyand in Sweden.
England
[edit]InNorman England,kings enlarged the scope of royal justice by delegating judicial authority to members of thecuria regis(Latin for "king's court" ). These were called justiciars.[4]Henry I(r. 1100–1135) appointed local justiciars to supervise a county or group of counties.[3]It was not until the reign ofHenry II(1154–1189) that the title was exclusively applied to the king'schief minister.[5]
After theNorman Conquestof 1066, the King of England was alsoDuke of Normandyand divided his time between the two territories. In his absence,William the Conqueror(r. 1066–1087) temporarily delegatedviceroyalauthority to trusted officers described variously as regent, custodian, and prefect. WhenWilliam Rufus(r. 1087–1100) became king, this temporary role developed into a more permanent and defined office. Rufus entrusted the control of government administration to his chaplain, BishopRanulf Flambardof Durham. Flambard ran the government at all times, even when Rufus lived in England.[6]HistorianFrank Barlowargues that Flambard was the first chief justiciar.[7]While Flambard was probably the first to exercise the powers of a chief justiciar, he never held that rank officially. Nevertheless, he was described by contemporary chroniclerOrderic Vitalisas ajusticiarius.[5]
Sometime around 1107 or 1108, Henry I appointed hischancellor,Roger of Salisbury,as the first chief justiciar. Roger was described by chroniclers assecundus a rege(Latin for "second from the king" ). Roger oversaw the administration of justice, ecclesiastical appointments, and royal finances. According to the chroniclerSymeon of Durham,Roger made most decisions for the royal government. HistorianBryce Lyonwrites that "Roger was a sort of medievalprime ministerbut a minister immeasurably more powerful because his only responsibility was to his lord the king. "[8]
The chief justiciar was responsible for directing theroyal household,thecuria regis,and the government departments. Nevertheless, he was not a member of the household. He was the presiding officer of theexchequerand directed the procedures of thecuria regisas the chief royal justice. He also supervised the itinerant justices.[9]
The chief justiciar was invariably a great noble orchurchman,and the office became very powerful and important; enough to be a threat to the king. The last great justiciar,Hubert de Burgh, 1st Earl of Kent,was removed from office in 1232, and thechancellorsoon took the position formerly occupied by the chief justiciar as second to the king in dignity, as well as in power and influence. UnderKing Edward I,the office of justiciar was replaced by separate heads for the three branches into which the King's Court was divided – justices of theCourt of Common Pleas,justices of theCourt of King's Bench,and barons of theCourt of Exchequer.[10]
List of chief justiciars of England
[edit]| Name[11] | Term | King(s) |
|---|---|---|
| Roger of Salisbury | 1102–1116? | Henry I |
| Ralph Basset | 1116 | |
| Richard Basset(Justiciar) | ||
| Roger of Salisbury | ?–1139 | Stephen |
| Robert de Beaumont, 2nd Earl of Leicester | 1154–68 (jointly withRichard de Luci) | Henry II |
| Richard de Luci | 1154–79 | |
| Ranulf de Glanville | 1180–89 | |
| Richard I | ||
| William de Mandeville, 3rd Earl of Essex | 1189 (jointly with Hugh de Puiset) | |
| Hugh de Puiset,Bishop of Durham | December 1189 – April 1190[12] | |
| William Longchamp,Bishop of Ely | 1189–91 | |
| Walter de Coutances,Archbishop of Rouen | 1191–93 | |
| Hubert Walter,Archbishop of Canterbury | 1194–98 | |
| Geoffrey Fitz Peter, 1st Earl of Essex | 11 July 1198 – 14 October 1213[13] | |
| John | ||
| Peter des Roches,Bishop of Winchester | 1213–1215 | |
| Hubert de Burgh, 1st Earl of Kent | 1215–1232 | |
| Henry III | ||
| Stephen de Segrave | ?–1234[12] | |
| Hugh Bigod | 1258–60 | |
| Hugh le Despencer | 1260 – May 1261, July 1263 – 4 August 1265[12] | |
| Philip Basset | May 1261 – July 1263[12] |
Scotland
[edit]InScotland,justiciars were the king's lieutenants for judicial and administrative purposes. The office was established in the 12th century, either byAlexander Ior by his successor,David I.[10]The title of 'Justiciar' was reserved for two or three high officials, the chief one—theJusticiar of Scotia—having his jurisdiction to the north of theRiver Forth.TheJusticiar of Lothiandealt with the part of the kingdom south of the Forth-Clyde line.[10]The role of justiciar evolved into the currentLord Justice-General,the head of theHigh Court of Justiciary,head of the judiciary in Scotland, and a member of the Royal Household. TheDuke of Argyllstill holds the hereditary title of High Justiciar of Argyll, but no responsibilities now attach to it.
Wales
[edit] |
FollowingEdward I of England's conquest of thePrincipality of Wales(1277–1283), theStatute of Rhuddlanestablished the governance of the areas of Wales under direct royal control. The new counties ofAnglesey,CaernarfonshireandMerionethwere administered on behalf of the king by the Justiciar of North Wales, whileCarmarthenshireandCardiganshirewere placed under the control of the Justiciar of South Wales.
Ireland
[edit] |
The titlejusticiarorchief justiciarwas commonly borne by thechief governor of Irelandin the centuries after theNorman invasion of Ireland.By the fifteenth century the chief governor was usually styled the King's Lieutenant, with the justiciar a subordinate role that evolved into theLords Justices of Ireland.
Other jurisdictions
[edit]The title Justiciar was given byHenry II of Englandto theSeneschalofNormandy.[10]
In the 12th century, amagister justitiariusappeared in the Norman kingdom ofSicily,presiding over the Royal Court (Magna Curia), empowered, with his assistants, to decide, inter alia, all cases reserved to the Crown.[10]There is no clear evidence that this title and office were borrowed from England; it was probably based on a Norman practice instituted in both realms. In the 13th century the office of justiciar was instituted in several principal localities around Sicily.
In medieval Sweden, thelagman( "lawspeaker") was the judge, or person learned in law, for a province, an area with several local district courts. Since the position corresponds to the general meaning of" justiciar "," justiciar "is often used to translate" lagman "in English texts. Lagmän (plural) were generally also members of the Senate of the realm, an institution corresponding to the English Privy Council. Finally, the Swedish term" riksdrots "is often translated as" Lord High Justiciar of Sweden ".[citation needed]
Notes
[edit]- ^Chisholm, Hugh,ed. (1911)..Encyclopædia Britannica(11th ed.). Cambridge University Press.
- ^Baker, John(2019).An Introduction to English Legal History(5th ed.). Oxford University Press. p. 43 footnote 16.ISBN978-0-19-254074-4.
- ^abBaker 2019,p. 18.
- ^Lyon, Bryce(1980).A Constitutional and Legal History of Medieval England(2nd ed.). W. W. Norton & Company.ISBN0-393-95132-4.1st edition available to read onlinehere.
- ^abChisholm, Hugh,ed. (1911)..Encyclopædia Britannica(11th ed.). Cambridge University Press.
- ^Lyon 1980,pp. 152–153.
- ^William Rufus,F. Barlow, Methuen, London 1983.
- ^Lyon 1980,pp. 153–154.
- ^Lyon 1980,p. 154.
- ^abcdeChisholm, Hugh,ed. (1911)..Encyclopædia Britannica(11th ed.). Cambridge University Press.Accessed on March 29, 2012.
- ^"Titles: Title of" Justiciar "".Baronial Order of Magna Charta.Archivedfrom the original on 27 March 2023.Retrieved29 March2012.
- ^abcdSusan Higginbotham."The Last Justiciar: Hugh le Despenser in the Thirteenth Century".Archived fromthe originalon 29 June 2008.Retrieved15 February2008.
- ^"JOHN (Lackland)".Archontology.org.Retrieved15 February2008.
External links
[edit]- This article incorporates text from a publication now in thepublic domain:Chisholm, Hugh,ed. (1911). "Justiciar".Encyclopædia Britannica.Vol. 15 (11th ed.). Cambridge University Press. p. 595.
- William Stubbs,Constitutional History of England
- Du Cange,Glossarium(Niort, f885) s.v. Justitiarius (in Latin).
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