Justiciar
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In medieval England and Scotland, the Chief Justiciar (latterly known simply as the Justiciar) was a rough equivalent to that of the modern Prime Minister: the Monarch's chief minister. Similar positions existed on the Continent. The term is the English form of the medieval Latin justiciarius or justitiarius ('man of justice', i.e. judge).
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[edit] England
In the kingdom of England, the term Justiciar originally referred to any officer of the King's Court (Curia Regis), or, indeed, anyone who possessed a law court of their 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 from decisions of the Sheriff, or his courts, was to the King. However, the King was often overseas (and, in the early Norman period, did not understand the language of his subjects) so a Justiciar, Regent or Lieutenant was appointed to represent the King in the kingdom, as the Sheriff did in the shire.
As early Norman kings were often overseas, and the Justiciar was invariably a great noble or churchman, the office of Justiciar became very powerful and important; indeed, important and powerful enough 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 Justiciar as second to the King in dignity, as well as in power and influence.
The office of Chief Justiciar is thought to have existed from the reign of King William II, when Ranulf Flambard was Justiciar, until, 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.
[edit] Scotland
In Scotland, under the earlier kings, two high officials, one having his jurisdiction to the north, the other to the south of the Forth, were the kings lieutenants for judicial and administrative purposes and were established in the 12th century by Alexander I or 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 and the Justiciar of Galloway, a post which was not always occupied, dealt with the south of the kingdom.
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.
[edit] Other jurisdictions
The title Justiciar was given by Henry II of England 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. It is thought that this title and office were borrowed from England.
In medieval Sweden, lagman ("lawreader") was the judge, or learned in law, over a province, over an area of several local district courts. That position corresponnds the general meaning of justiciar, and therefore justiciar is used as lagman's translated title in fluent English texts. Lagmän were generally also members of the realm's senate, an institution somehow corresponding Privy Council. The realm's drots, riksdrots, is similarly same as Lord High Justiciar of Sweden.
[edit] Sources and references
- This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.
- W. Stubbs, Consi. History of England
- Du Cange, Glossarium (Niort, f885) s.v. Justitiarius (in Latin).
