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See also:JUSTICIAR (med. See also:Lat. justiciarius or justitiarius, a See also:judge)
, in See also:English See also:history, the See also:title of the See also:chief See also:minister of the See also:Norman and earlier Angevin See also:kings
.
The history of the title in this See also:connotation is somewhat obscure
.
Justiciarius meant simply " See also:judge," and was originally applied, as See also:Stubbs points out (Const
.
Hist. i
.
389, See also:note), to any. officer of the See also:
The See also:sheriff " was the king's representative in all matters judicial, military and See also:financial in the shire
.
From him, or from the courts of which he was the presiding officer, See also:appeal See also:lay to the king alone; but the king was often absent from See also:England and did not understand the See also:language of his subjects
.
In his See also:absence the See also:administration was entrusted to a justiciar, a See also:regent or See also:lieutenant of the See also:kingdom; and the convenience being once ascertained of having a minister who could in the whole kingdom represent the king, as the sheriff did in the shire, the justiciar became a permanent functionary."
The fact that the kings were often absent from England, and that the justiciarship was held by See also:great nobles or churchmen, made this office of an importance which at times threatened to overshadow that of the See also:Crown
.
It was this latter circumstance which ultimately led to its abolition
.
See also:Hubert de See also:Burgh (q.v.) was the last of the great justiciars; after his fall (1231) the justiciarship was not again committed to a great See also:baron, and the See also:chancellor soon took the position formerly occupied by the justiciar as second to the king in dignity, as well as in See also:power and See also:influence
.
Finally, under See also:Edward I. and his successor, in See also:place of the justiciar—who had presided over all causes See also:vice regisseparate heads were established in the three branches into which the See also:curia regis as a judicial See also:body had been divided: justices of See also:common pleas, justices of the king's See also:bench and barons of the See also:exchequer
.
Outside England the title justiciar was given under Henry II. to the See also:seneschal of See also:Normandy
.
In See also:Scotland the title of justiciar was See also:borne, under the earlier kings, by two high officials, one having his See also:jurisdiction to the See also:north, the other to the See also:south of the Forth
.
They were the king's lieutenants for judicial and administrative purposes and were established in the rzth See also:century, either by See also: Stubbs, Const . Hist. of England; Du Cange, Glossarium (See also:Niort, 1885) s.v . |
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