Justiciar
Encyclopedia
In medieval England
and Ireland
the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent to a modern Prime Minister
as the monarch's chief minister. Similar positions existed on the Continent, particularly in Norman Italy. The term is the English
form of the medieval Latin
justiciarius or justitiarius ("man of justice", i.e. judge).
A similar office was formed by imitation in Scotland, though there were usually two or three, the Justiciar of Scotia
and Justiciar of Lothian
(and in the 13th century the Justiciar of Galloway), these offices later evolving into a national one called Lord Justice-General.
), or, indeed, anyone who possessed a law court of his own or was qualified to act as a judge in the shire-courts. In each English shire
, the Sheriff
was the king's representative in all matters. The only appeal against decisions of the Sheriff or his courts was to the king. During the reign of William Rufus many sheriffs were severely overworked; Rufus eased the burden by appointing local justiciars in some shires.
The Norman kings were often overseas and appointed a Justiciar, Regent or Lieutenant to represent them in the kingdom, as the Sheriff did in the shire. Later this post became known as the Chief Justiciar (or royal capital justiciar), although the titles were not generally used contemporaneously. Some historians claim the first in the post was Roger of Salisbury
; Frank Barlow
argues in favour of Bishop Ranulf Flambard
, a functionary within the household of William I of England
, as the first, and points out that the role began, perhaps, with Odo of Bayeux in his relationship with William I.
The Chief Justiciar was invariably a great noble or churchman, and the office became very powerful and important; enough indeed to be a threat to the King. The last great Justiciar, Hubert de Burgh, 1st Earl of Kent
, was removed from office in 1231, and the Chancellor
soon took the position formerly occupied by the Chief Justiciar as second to the King in dignity, as well as in power and influence. Under King 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 the Court of Common Pleas
, Justices of the Court of King's Bench and Barons of the Court of Exchequer
.
, Justiciars were the king's lieutenants for judicial and administrative purposes. The office was established in the 12th century, either by Alexander I
or by his successor, David I
.
The title of 'Justiciar' was reserved for two or three high officials, the chief one—the Justiciar of Scotia
—having his jurisdiction to the north of the River Forth
. The Justiciar of Lothian
dealt with the part of the kingdom south of the Forth-Clyde line.
The role of Justiciar evolved into the current Lord Justice-General, the head of the High Court of Justiciary
, head of the judiciary in Scotland and a member of the Royal Household.
The Duke of Argyll
still holds the hereditary title of High Justiciar of Argyll, but no responsibilities now attach to it.
to the Seneschal
of Normandy
.
In the 12th century, a magister justitiarius appeared in the Norman kingdom of Sicily
, presiding over the Royal Court (Magna Curia), empowered, with his assistants, to decide, inter alia, all cases reserved to the Crown. 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, the lagman ("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 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".
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent to a modern Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
as the monarch's chief minister. Similar positions existed on the Continent, particularly in Norman Italy. The term is the English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
form of the medieval Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
justiciarius or justitiarius ("man of justice", i.e. judge).
A similar office was formed by imitation in Scotland, though there were usually two or three, the Justiciar of Scotia
Justiciar of Scotia
The Justiciar of Scotia was the most senior legal office in the High Medieval Kingdom of Scotland. Scotia in this context refers to Scotland to the north of the River Forth and River Clyde....
and Justiciar of Lothian
Justiciar of Lothian
The Justiciar of Lothian was an important legal office in the High Medieval Kingdom of Scotland.The Justiciars of Lothian were responsible for the administration of royal justice in the province of Lothian, a much larger area than the modern Lothian, covering Scotland south of the Forth and Clyde,...
(and in the 13th century the Justiciar of Galloway), these offices later evolving into a national one called Lord Justice-General.
England
In the Kingdom of England the term Justiciar originally referred to any officer of the King's Court (Curia RegisCuria Regis
Curia regis is a Latin term meaning "royal council" or "king's court."- England :The Curia Regis, in the Kingdom of England, was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters...
), or, indeed, anyone who possessed a law court of his own or was qualified to act as a judge in the shire-courts. In each English shire
Shire
A shire is a traditional term for a division of land, found in the United Kingdom and in Australia. In parts of Australia, a shire is an administrative unit, but it is not synonymous with "county" there, which is a land registration unit. Individually, or as a suffix in Scotland and in the far...
, the Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
was the king's representative in all matters. The only appeal against decisions of the Sheriff or his courts was to the king. During the reign of William Rufus many sheriffs were severely overworked; Rufus eased the burden by appointing local justiciars in some shires.
The Norman kings were often overseas and appointed a Justiciar, Regent or Lieutenant to represent them in the kingdom, as the Sheriff did in the shire. Later this post became known as the Chief Justiciar (or royal capital justiciar), although the titles were not generally used contemporaneously. Some historians claim the first in the post was Roger of Salisbury
Roger of Salisbury
Roger was a Norman medieval Bishop of Salisbury and the seventh Lord Chancellor and Lord Keeper of England.-Life:...
; Frank Barlow
Frank Barlow (historian)
Frank Barlow CBE FBA FRSL was a British historian, known particularly for biographies of medieval figures.Barlow studied at St John's College, Oxford. He was Professor of History at the University of Exeter from 1953 until he retired in 1976 and became Emeritus Professor...
argues in favour of Bishop Ranulf Flambard
Ranulf Flambard
Ranulf Flambard was a medieval Norman Bishop of Durham and an influential government minister of King William Rufus of England...
, a functionary within the household of William I of England
William I of England
William I , also known as William the Conqueror , was the first Norman King of England from Christmas 1066 until his death. He was also Duke of Normandy from 3 July 1035 until his death, under the name William II...
, as the first, and points out that the role began, perhaps, with Odo of Bayeux in his relationship with William I.
The Chief Justiciar was invariably a great noble or churchman, and the office became very powerful and important; enough indeed to be a threat to the King. The last great Justiciar, Hubert de Burgh, 1st Earl of Kent
Hubert de Burgh, 1st Earl of Kent
Hubert de Burgh, 1st Earl of Kent was Earl of Kent, Justiciar of England and Ireland, and one of the most influential men in England during the reigns of John and Henry III.-Birth and family:...
, was removed from office in 1231, and the Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
soon took the position formerly occupied by the Chief Justiciar as second to the King in dignity, as well as in power and influence. Under King Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
the office of Justiciar was replaced by separate heads for the three branches into which the King's Court was divided: Justices of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, Justices of the Court of King's Bench and Barons of the Court of Exchequer
Court of Exchequer
Court of Exchequer may refer to:*Exchequer of Pleas, an ancient English court, that ceased to exist independently in the late nineteenth century...
.
List of (Chief) Justiciars
| Name | Term | King(s) |
|---|---|---|
| Ralf Basset | 1116 | Henry I Henry I of England Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106... |
| Richard Basset (Justiciar) | Henry I Henry I of England Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106... |
|
| Roger of Salisbury Roger of Salisbury Roger was a Norman medieval Bishop of Salisbury and the seventh Lord Chancellor and Lord Keeper of England.-Life:... |
1102–39 | Henry I Henry I of England Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106... Stephen Stephen of England Stephen , often referred to as Stephen of Blois , was a grandson of William the Conqueror. He was King of England from 1135 to his death, and also the Count of Boulogne by right of his wife. Stephen's reign was marked by the Anarchy, a civil war with his cousin and rival, the Empress Matilda... |
| Robert de Beaumont, 2nd Earl of Leicester Robert de Beaumont, 2nd Earl of Leicester Robert de Beaumont, 2nd Earl of Leicester was Justiciar of England 1155–1168.The surname "de Beaumont" is given him by genealogists. The only known contemporary surname applied to him is "Robert son of Count Robert"... |
1154–68 (jointly with Richard de Lici) | Henry II Henry II of England Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the... |
| Richard de Luci Richard de Luci Richard de Luci was first noted as Sheriff of the County of Essex, then he was made Chief Justiciar of England.- Biography :His wife Rohese, who is named in several documents, was a sister of Faramus of Boulogne... |
1154–79 | Henry II Henry II of England Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the... |
| Ranulf de Glanville | 1180–89 | Henry II Henry II of England Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the... Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... |
| William de Mandeville, 3rd Earl of Essex William de Mandeville, 3rd Earl of Essex William de Mandeville, 3rd Earl of Essex was a loyal councilor of Henry II and Richard I of England.He was the second son of Geoffrey de Mandeville, 1st Earl of Essex and Rohese de Vere, Countess of Essex. After his father's death while in rebellion , William grew up at the court of the Count of... |
1189 (jointly with Hugh de Puiset) | Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... |
| Hugh de Puiset Hugh de Puiset Hugh de Puiset was a medieval Bishop of Durham and Chief Justiciar of England under King Richard I. He was the nephew of King Stephen of England and Henry of Blois, who both assisted Hugh's ecclesiastical career... , Bishop of Durham |
December 1189–April 1190 | Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... |
| William Longchamp William Longchamp William Longchamp , sometimes known as William de Longchamp or William de Longchamps, was a medieval Lord Chancellor, Chief Justiciar, and Bishop of Ely in England. Born to a humble family in Normandy, he owed his advancement to royal favour. Although contemporary writers accused Longchamp's father... , Bishop of Ely |
1189–91 | Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... |
| Walter de Coutances Walter de Coutances Walter de Coutances was a medieval English Bishop of Lincoln and Archbishop of Rouen. He began his royal service in the government of Henry II, serving as a vice-chancellor... , Archbishop of Rouen |
1191–93 | Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... |
| Hubert Walter Hubert Walter Hubert Walter was an influential royal adviser in the late twelfth and early thirteenth centuries in the positions of Chief Justiciar of England, Archbishop of Canterbury, and Lord Chancellor. As chancellor, Walter began the keeping of the Charter Roll, a record of all charters issued by the... , Bishop of Salisbury |
1194–98 | Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... |
| Geoffrey Fitz Peter, 1st Earl of Essex Geoffrey Fitz Peter, 1st Earl of Essex Geoffrey Fitz Peter, Earl of Essex was a prominent member of the government of England during the reigns of Richard I and John. The patronymic is sometimes rendered Fitz Piers, for he was the son of Piers de Lutegareshale, forester of Ludgershall.-Life:He was from a modest landowning family that... |
11 July 1198 – 14 October 1213 | Richard I Richard I of England Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Anjou, Count of Maine, Count of Nantes, and Overlord of Brittany at various times during the same period... John John of England John , also known as John Lackland , was King of England from 6 April 1199 until his death... |
| Peter des Roches Peter des Roches Peter des Roches was bishop of Winchester in the reigns of King John of England and his son Henry III. Roches was not an Englishman, but a Poitevin.-Life:... , Bishop of Winchester |
1213–1215 | John John of England John , also known as John Lackland , was King of England from 6 April 1199 until his death... |
| Hubert de Burgh, 1st Earl of Kent Hubert de Burgh, 1st Earl of Kent Hubert de Burgh, 1st Earl of Kent was Earl of Kent, Justiciar of England and Ireland, and one of the most influential men in England during the reigns of John and Henry III.-Birth and family:... |
1215–1232 | John John of England John , also known as John Lackland , was King of England from 6 April 1199 until his death... Henry III Henry III of England Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready... |
| Stephen de Segrave Stephen de Segrave Stephen de Segrave was a medieval Chief Justiciar of England.-Life:... |
?–1234 | Henry III Henry III of England Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready... |
| Hugh Bigod Hugh Bigod (Justiciar) Hugh Bigod was Justiciar of England from 1258 to 1260. He was a younger son of Hugh Bigod, 3rd Earl of Norfolk.In 1258 the Provisions of Oxford established a baronial government of which Hugh's elder brother Roger Bigod, 4th Earl of Norfolk was a leading member, and Hugh was appointed Chief... |
1258–60 | Henry III Henry III of England Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready... |
| Hugh le Despencer Hugh le Despencer, 1st Baron le Despencer Sir Hugh was an important ally of Simon de Montfort during the reign of Henry III. He served briefly as Justiciar of England in 1260 and as Constable of the Tower of London.... |
1260–May 1261 | Henry III Henry III of England Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready... |
| Philip Basset Philip Basset Philip Basset was the Justiciar of England.Philip was the son of Alan Basset of High Wycombe in Buckinghamshire and his wife, Alice, the daughter of Stephen Gray. He inherited the manor of Wycombe and served as the Justiciar of England between the two terms served by his son-in-law, Hugh le... |
May 1261–? | Henry III Henry III of England Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready... |
| Source: | ||
Scotland
In ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, Justiciars were the king's lieutenants for judicial and administrative purposes. The office was established in the 12th century, either by Alexander I
Alexander I of Scotland
Alexander I , also called Alaxandair mac Maíl Coluim and nicknamed "The Fierce", was King of the Scots from 1107 to his death.-Life:...
or by his successor, David I
David I of Scotland
David I or Dabíd mac Maíl Choluim was a 12th-century ruler who was Prince of the Cumbrians and later King of the Scots...
.
The title of 'Justiciar' was reserved for two or three high officials, the chief one—the Justiciar of Scotia
Justiciar of Scotia
The Justiciar of Scotia was the most senior legal office in the High Medieval Kingdom of Scotland. Scotia in this context refers to Scotland to the north of the River Forth and River Clyde....
—having his jurisdiction to the north of the River Forth
River Forth
The River Forth , long, is the major river draining the eastern part of the central belt of Scotland.The Forth rises in Loch Ard in the Trossachs, a mountainous area some west of Stirling...
. The Justiciar of Lothian
Justiciar of Lothian
The Justiciar of Lothian was an important legal office in the High Medieval Kingdom of Scotland.The Justiciars of Lothian were responsible for the administration of royal justice in the province of Lothian, a much larger area than the modern Lothian, covering Scotland south of the Forth and Clyde,...
dealt with the part of the kingdom south of the Forth-Clyde line.
The role of Justiciar evolved into the current Lord Justice-General, the head of the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, head of the judiciary in Scotland and a member of the Royal Household.
The Duke of Argyll
Duke of Argyll
Duke of Argyll is a title, created in the Peerage of Scotland in 1701 and in the Peerage of the United Kingdom in 1892. The Earls, Marquesses, and Dukes of Argyll were for several centuries among the most powerful, if not the most powerful, noble family in Scotland...
still holds the hereditary title of High Justiciar of Argyll, but no responsibilities now attach to it.
Other jurisdictions
The title Justiciar was given by Henry II of EnglandHenry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
to the Seneschal
Seneschal
A seneschal was an officer in the houses of important nobles in the Middle Ages. In the French administrative system of the Middle Ages, the sénéchal was also a royal officer in charge of justice and control of the administration in southern provinces, equivalent to the northern French bailli...
of Normandy
Normandy
Normandy is a geographical region corresponding to the former Duchy of Normandy. It is in France.The continental territory covers 30,627 km² and forms the preponderant part of Normandy and roughly 5% of the territory of France. It is divided for administrative purposes into two régions:...
.
In the 12th century, a magister justitiarius appeared in the Norman kingdom of Sicily
Sicily
Sicily is a region of Italy, and is the largest island in the Mediterranean Sea. Along with the surrounding minor islands, it constitutes an autonomous region of Italy, the Regione Autonoma Siciliana Sicily has a rich and unique culture, especially with regard to the arts, music, literature,...
, presiding over the Royal Court (Magna Curia), empowered, with his assistants, to decide, inter alia, all cases reserved to the Crown. 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, the lagman ("lawspeaker
Lawspeaker
A lawspeaker is a unique Scandinavian legal office. It has its basis in a common Germanic oral tradition, where wise men were asked to recite the law, but it was only in Scandinavia that the function evolved into an office...
") 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 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".