Justiciar

{{Short description|Medieval title for judge or minister}} {{For|the British barrister who wrote under this name|Vincent Powell-Smith}} {{Distinguish|Justiciary}} {{EngvarB|date=October 2013}} {{Use dmy dates|date=January 2025}}

'''Justiciar''' is the English form of the [[medieval Latin]] term {{Lang|la|justiciarius}} or {{Lang|la|justitiarius}} (meaning "judge" or "[[Justice (title)|justice]]").<ref name="eb2">{{Cite EB1911|wstitle=Justiciar}}</ref><ref>{{cite book |last=Baker |first=John |url=https://books.google.com/books?id=bPqNDwAAQBAJ |title=An Introduction to English Legal History |publisher=Oxford University Press |year=2019 |isbn=978-0-19-254074-4 |edition=5th |page=43 footnote 16 |author-link=John Baker (legal historian)}}</ref> The '''Chief Justiciar''' was the king's [[List of English chief ministers|chief minister]], roughly equivalent to a modern [[Prime Minister of the United Kingdom]].{{Sfn|Baker|2019|p=18}}

The Justiciar of Ireland was an office established during the [[Anglo-Norman invasion of Ireland]] and was a key tool in its colonisation. Following the conquest of the [[Principality of Wales]] in the 13th century, the areas that became personal [[fief]]s of the English monarchs were placed under the control of the [[Justiciar of North Wales]] and the [[Justiciar of South Wales]].

A similar office was formed in Scotland, although there were usually two or three – the [[Justiciar of Scotia]], the [[Justiciar of Lothian]] and, in the 13th century, the [[Justiciar of Galloway]]. These offices later evolved into a national one called Lord Justice-General. The modern title is [[Lord President of the Court of Session]].

Similar positions existed in [[continental Europe]], particularly in [[Norman Italy]] and in Sweden.

==England== {{Further|Government in Norman and Angevin England}}

In [[Norman England]], kings enlarged the scope of royal justice by delegating judicial authority to members of the {{Lang|la|[[curia regis]]}} (Latin for "king's court"). These were called justiciars.<ref>{{cite book |last=Lyon |first=Bryce |title=A Constitutional and Legal History of Medieval England |publisher=W. W. Norton & Company |year=1980 |isbn=0-393-95132-4 |edition=2nd |author-link=Bryce Lyon}} 1st edition available to read online [[iarchive:constitutionalle0000bryc|here]].</ref> [[Henry I of England|Henry I]] ({{reign|1100|1135}}) appointed local justiciars to supervise a county or group of counties.{{Sfn|Baker|2019|p=18}} It was not until the reign of [[Henry II of England|Henry II]] (1154–1189) that the title was exclusively applied to the king's [[List of English chief ministers|chief minister]].<ref name="eb2"/>

After the [[Norman Conquest]] of 1066, the King of England was also [[Duke of Normandy]] and divided his time between the two territories. In his absence, [[William the Conqueror]] ({{reign|1066|1087}}) temporarily delegated [[viceroyal]] authority to trusted officers described variously as regent, custodian, and prefect. When [[William Rufus]] ({{reign|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, Bishop [[Ranulf Flambard]] of Durham. Flambard ran the government at all times, even when Rufus lived in England.{{Sfn|Lyon|1980|pp=152–153}} Historian [[Frank Barlow (historian)|Frank Barlow]] argues that Flambard was the first chief justiciar.<ref>''William Rufus'', F. Barlow, Methuen, London 1983.</ref> 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 chronicler [[Orderic Vitalis]] as a {{Lang|la|justiciarius}}.<ref name="eb2" />

Sometime around 1107 or 1108, Henry I appointed his [[Lord Chancellor|chancellor]], [[Roger of Salisbury]], as the first chief justiciar. Roger was described by chroniclers as {{Lang|la|secundus a rege}} (Latin for "second from the king"). Roger oversaw the administration of justice, ecclesiastical appointments, and royal finances. According to the chronicler [[Symeon of Durham]], Roger made most decisions for the royal government. Historian [[Bryce Lyon]] writes that "Roger was a sort of medieval [[Prime Minister of the United Kingdom|prime minister]] but a minister immeasurably more powerful because his only responsibility was to his lord the king."{{Sfn|Lyon|1980|pp=153–154}}

The chief justiciar was responsible for directing the [[Royal Households of the United Kingdom|royal household]], the {{Lang|la|curia regis}}, and the government departments. Nevertheless, he was not a member of the household. He was the presiding officer of the [[exchequer]] and directed the procedures of the {{Lang|la|curia regis}} as the chief royal justice. He also supervised the itinerant justices.{{Sfn|Lyon|1980|p=154}}

The chief justiciar was invariably a great noble or [[Clergy|churchman]], 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 the [[Lord Chancellor|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 [[Edward I of England|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 (England)|Court of Common Pleas]], justices of the [[Court of King's Bench (England)|Court of King's Bench]], and barons of the [[Exchequer of Pleas|Court of Exchequer]].<ref name="eb">{{Cite EB1911|wstitle=Justiciar}} Accessed on 29 March 2012.</ref>

===List of chief justiciars of England=== {| class="wikitable" !Name<ref>{{cite web |url=http://www.magnacharta.com/bomc/title-of-chancellor/ |title=Titles: Title of "Justiciar" |access-date=29 March 2012 |work=Baronial Order of Magna Charta | archive-url = https://web.archive.org/web/20230327012046/https://www.magnacharta.com/bomc/title-of-chancellor/ | archive-date = 27 March 2023 | url-status = live}}</ref> !Term !King(s) |- |[[Roger of Salisbury]] |1102–1116? |rowspan="3"|[[Henry I of England|Henry I]] |- |[[Ralph Basset]] |1116 |- |[[Richard Basset]] (Justiciar) | |- |[[Roger of Salisbury]] |?–1139 |[[Stephen of England|Stephen]] |- |[[Robert de Beaumont, 2nd Earl of Leicester]] |1154–68 (jointly with [[Richard de Luci]]) |rowspan="3"|[[Henry II of England|Henry II]] |- |[[Richard de Luci]] |1154–79 |- |[[Ranulf de Glanville]] |1180–89 |- |[[William de Mandeville, 3rd Earl of Essex]] |1189 (jointly with Hugh de Puiset) | rowspan="5" |[[Richard I of England|Richard I]] |- |[[Hugh de Puiset]], Bishop of Durham |December 1189 – April 1190<ref name="shb">{{cite web|url=http://www.susanhigginbotham.com/hugh_the_justiciar.htm |title=The Last Justiciar: Hugh le Despenser in the Thirteenth Century |author=Susan Higginbotham |access-date=15 February 2008 |archive-url=https://web.archive.org/web/20080629024448/http://www.susanhigginbotham.com/hugh_the_justiciar.htm |archive-date=29 June 2008 |url-status=dead }}</ref> |- |[[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<ref>{{cite web |url=http://www.archontology.org/nations/england/king_england/john.php |title=JOHN (Lackland) |access-date=15 February 2008 |work=Archontology.org }}</ref> | rowspan="3" |[[John of England|John]] |- |[[Peter des Roches]], Bishop of Winchester |1213–1215 |- |rowspan="2"|[[Hubert de Burgh, 1st Earl of Kent]] |rowspan="2"|1215–1232 |- |rowspan="5"|[[Henry III of England|Henry III]] |- |[[Stephen de Segrave]] |?–1234<ref name="shb"/> |- |[[Hugh Bigod (Justiciar)|Hugh Bigod]] |1258–60 |- |[[Hugh le Despencer, 1st Baron le Despencer|Hugh le Despencer]] |1260 – May 1261, July 1263 – 4 August 1265<ref name="shb"/> |- |[[Philip Basset]] |May 1261 – July 1263<ref name="shb"/> |}

==Scotland== {{Main|Commission of Justiciary}} In Scotland, justiciars were the king's lieutenants for judicial and administrative purposes. The office was established in the 12th century, either by [[Alexander I of Scotland|Alexander I]] or by his successor, [[David I of Scotland|David I]].<ref name=eb/> 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.<ref name=eb/> 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.

==Wales== {{unreferenced section|date=November 2023}}

{{Main|Justiciar of North Wales|Justiciar of South Wales}} Following [[Edward I of England]]'s conquest of the [[Principality of Wales]] (1277–1283), the [[Statute of Rhuddlan]] established the governance of the areas of Wales under direct royal control. The new counties of [[Anglesey]], [[Caernarfonshire]] and [[Merioneth]] were administered on behalf of the king by the Justiciar of North Wales, while [[Carmarthenshire]] and [[Cardiganshire]] were placed under the control of the Justiciar of South Wales.

==Ireland== {{unreferenced section|date=November 2023}}

{{Main|Chief governor of Ireland}} The title ''justiciar'' or ''chief justiciar'' was commonly borne by the [[chief governor of Ireland]] in the centuries after the [[Norman 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 the [[Lords Justices of Ireland]].

==Other jurisdictions== {{For|the Italian institution|Justiciarate}} The title Justiciar was given by [[Henry II of England]] to the [[Seneschal]] of [[Normandy]].<ref name=eb/>

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.<ref name=eb/> 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 (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|date=November 2023}}

==Notes== {{Reflist}}

==External links== *{{EB1911|wstitle=Justiciar|volume=15|page=595}} * [[William Stubbs]], ''Constitutional History of England'' * [[Charles du Fresne, sieur du Cange|Du Cange]], ''Glossarium'' (Niort, f885) s.v. Justitiarius (in Latin).

[[Category:Political history of medieval Scotland]] [[Category:Justiciars of England| ]] [[Category:Scots law formal titles]] [[Category:Historical legal occupations]] [[Category:Legal history of Scotland]] [[Category:Medieval English law]] [[Category:Political history of medieval England]]