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Chief Justice of England

Chief Justiciary of England ( English Chief Justiciar ) - a post at the English royal court in the XII-XIII centuries. Initially, the chief Justiciary replaced the king during his absence, and also led the royal administration. Gradually, the main Justicians gained immense power in England and began to threaten the position of the king. After the fall in 1232, Hubert de Burg did not appoint large barons, and the position of the first official in the royal administration eventually passed to the chancellor. Under Edward I, the post of chief justice was abolished, and its functions were divided between three officials.

Content

Job History

Initially, in the English kingdom, all officials of the royal court ( Curia Regis ), who were qualified enough to perform the duties of a judge in a county court, were called Justicians . The first kings of England after the Norman conquest spent a lot of time in their continental possessions. To rule the kingdom during his absence, the king introduced the post of deputy king ( French viceroy , lat. Vicarious, procurator ), which later became known as the Justiciary . They served as regent or lieutenant of the kingdom. For the first time, the post of deputy was established by William I the Conqueror in March 1067, appointing two of his trustees - Odo, Bishop of Bayeux , and William of Fitz-Osburn . Later, these royal representatives began to be called the chief Justiciar ( English Chief Justiciar ) or the royal metropolitan Justiciar ( English royal capital justiciar ), although both names are not mentioned at the same time [1] [2] .

The Chief Justiciary led the royal administration during the absence of the king. To represent his interests in all judicial, financial and judicial matters, the king appointed special officials in the counties - sheriffs . They headed the courts, after which decisions were passed directly to the king. During the reign of William II the Red, many sheriffs were heavily overloaded. In addition, kings did not understand the language spoken by his subjects. As a result, at this time, the post of chief Justiciary became permanent [1] . According to some historians, the first chief justice was Roger, Bishop of Salisbury [1] , although Frank Barlow believes that Ranulf Flambard , the chief adviser to William II [3] , was the first to hold this position.

Unlike other close associates of the king, the Justiciary enjoyed the fullness of royal power. For example, Roger, Bishop of Salisbury, who was Justiciary in 1123-1126, was called "second after the king" ( lat. Secundus a rege ). This position was chosen only by people who enjoyed the absolute confidence of the king. At the same time, the king retained control of the kingdom even while on the continent. A well-functioning delivery system for important reports led to the fact that even while in Rouen or Caen, the king was well aware of what was happening in England no worse than if he were in York [2] .

In the second half of the XII century, the powers of the Justiciary significantly expanded. This was due to the frequent long absences of the king on the continent. As a result, the Justiciary also began to manage all judicial and financial affairs in the kingdom. The frequent absence of the king in England, as well as the fact that representatives of the nobility and bishops became the main Justicians, made this position very important. This led to the fact that the position of the Justiciary began to threaten the royal power, which ultimately led to the abolition of the post. Hubert de Burgh was the last significant major Justiciary. After his fall in 1232, large barons were not appointed to the post, and the position of the first official in the royal administration eventually passed to the chancellor. Under Edward I, the post was canceled, and its functions were divided between three officials: a judge in ( English Justices of the Court of Common Pleas ), a judge in a royal court ( English Justices of the Court of King's Bench ) and the Baron in the court of the Treasury ( English Barons of the Court of Exchequer ) [1] [2] .

Main Justicarians of England

The following major Justicarians are known [4] [5] :

KingChief JusticeBoard Dates
Henry IRoger, Bishop of Salisbury [6]1102 - 1116?
Ralph BassetOK. 1110 - 1127 [7]
Richard Basset
Stephen BloisRoger, Bishop of Salisbury? - 1139
Henry II PlantagenetRobert de Beaumont, 2nd Earl of Leicester1154/1155 - 1168 [5]
Richard de lucy1154/1155 - 1179 [5]
Ranulf de Glenville1180 - 1189 [5]
Richard I the LionheartRanulf de Glenville1189 [5]
William de Mandeville, 3rd Earl of EssexSeptember - November 1189 [5]
Hugo de Puise, Bishop of DurhamDecember 1189 - April 1190 [8] [5]
William Longchamp, Bishop of Ely1190 - 1191 [5]
Walter Kutansky, Archbishop of Rouen1191 - 1193 [5]
Hubert Walter, Bishop of SalisburyDecember 1193 - 1198 [5]
Jeffrey Fitz-Peter, 1st Earl of EssexJuly 11, 1198 - 1199 [9] [5]
John LandlessJeffrey Fitz-Peter, 1st Earl of Essex1199 - October 14, 1213 [9] [5]
Pierre de Rocher, Bishop of Winchester1214 - 1215 [5]
Hubert de Burgh, 1st Earl of Kent1215 - 1216
Henry IIIHubert de Burgh, 1st Earl of Kent1216 - 1232 [5]
Stefan de Segrave1232 - 1234 [8] [10]
Hugh Bigot1258 - 1260 [11] [5]
Hugh le Dispenser, 1st Baron Dispenser1260 - May 1261, July 1263 - August 4, 1265 [8] [5]
Philip BassetMay 1261 - July 1263 [8] [5]

Notes

  1. ↑ 1 2 3 4 Justiciar // Encyclopædia Britannica (11th ed.). - Cambridge University Press, 1911. - Vol. 15.
  2. ↑ 1 2 3 Power institutions and positions in Europe in the Middle Ages and early Modern times. - S. 219—223.
  3. ↑ Barlow F. William Rufus. - London: Methuen, 1983.
  4. ↑ Title of “Justiciar” . The Baronial Order of Magna Charta. Date of treatment July 19, 2015.
  5. ↑ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Justiciars of England (1154 / 5–1263) // Oxford Dictionary of National Biography.
  6. ↑ Kemp BR Salisbury, Roger of (d. 1139) // Oxford Dictionary of National Biography.
  7. ↑ Green JA Basset, Ralph (d. 1127?) // Oxford Dictionary of National Biography.
  8. ↑ 1 2 3 4 Higginbotham Susan. The Last Justiciar: Hugh le Despenser in the Thirteenth Century . Date of treatment July 19, 2015. Archived June 29, 2008.
  9. ↑ 1 2 JOHN (Lackland) (neopr.) . Archontology.org. Date of treatment July 19, 2015.
  10. ↑ Hunt William. Segrave, Stephen de (d.1241) // Dictionary of National Biography. - Vol. Li. Scoffin - Sheares. - P. 205-206.
  11. ↑ Brand Paul. Bigod, Hugh (III) // Oxford Dictionary of National Biography.

Literature

  • Justiciar // Encyclopædia Britannica (11th ed.). - Cambridge University Press, 1911. - Vol. 15.
  • Justiciars of England (1154 / 5–1263) // Oxford Dictionary of National Biography. - Oxford: Oxford University Press, 2004-2014.
  • Power institutes and positions in Europe in the Middle Ages and early New time / otv. ed. T.P. Gusarova. - M .: KDU, 2011 .-- 600 p. - ISBN 978-5-98227-773-2 .

Links

  • Title of “Justiciar” . The Baronial Order of Magna Charta. Date of treatment July 19, 2015.
Source - https://ru.wikipedia.org/w/index.php?title=Main_Justice of England_old&oldid = 101422145


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