His principality corresponded to a single circuit of royal justiciars, the later Terra di Lavoro. The original justiciars, Archbishop-elect William of Capua and Lord Hamo of Arienzo, were appointed in 1135. Later evidence from the reign of King Tancred, suggests that the prince of Capua had supreme judicial authority in his province. Alfonso was only intermittently resident in Capua, and he often visited Sicily.
|
|
Schematic of court system for Scotland The head of the judiciary in Scotland is the Lord President of the Court of Session whose office dates back to 1532 with the creation of the College of Justice. Scotland's judiciary was historically a mixture of feudal, local, and national judicial offices. The first national, royal, justices were the justiciars established in the 12th century; with there being either two or 3 appointed. The justiciars and their deputes would go on circuit to hear the most serious of cases that could not be heard by the local feudal or sheriff courts, Accessed on 1 April 2017.
|
|
98 He witnessed charters only occasionally, though this became more frequent after he became earl.Hollister, Henry I, pp. 342–43 In 1106 he is found serving as one of several justiciars at York hearing a case about the lordship of Ripon.Green, Henry I, p.
|
|
Sir Hugh de Cressingham, an efficient administrator with a history of service to the English Crown, was appointed Treasurer of Scotland, with Walter Amersham installed as Chancellor. Under this hierarchy Edward filled the offices of Justiciars for Lothian, Scotia (i.e. the territories north of the Forth), and Galloway with English appointees.Barrow, Robert Bruce, p.99.
|
|
Following the conclusion of the treaty, Alexander III entrusted control of Mann into the hands of royal officials. Four such bailiffs or justiciars are known to have been appointed to govern the island: a certain ""; Alan, illegitimate son of Thomas fitz Roland, Earl of Atholl; a certain "" / ""; and Reginald, the king's chaplain.McDonald (2019) pp. 37, 41 n.
|
|
His relatives Nicholas and Samarus were justiciars at Trani and his father, Rainald, and another relative, Roger, were royal chamberlains.G. A. Loud, The Latin Church in Norman Italy (Cambridge, 2007), 277.P. Oldfield, City and Community in Norman Italy (Oxford, 2009), 230. He himself originally served Bertrand as a notary (1160s?) before becoming archdeacon of the cathedral around 1174.
|
|
White (2000), pp. 8–9. In his absence the lands were ruled by seneschals and justiciars, and beneath them local officials in each of the regions carried on with the business of government.Gillingham (1984), p. 47. Nonetheless, many of the functions of government centred on Henry himself and he was often surrounded by petitioners requesting decisions or favours.
|
|
The Justiciar of Galloway was an important legal office in the High Medieval Kingdom of Scotland. The Justiciars of Galloway were responsible for the administration of royal justice in the province of Galloway. The other Justiciar positions were the Justiciar of Lothian and the Justiciar of Scotia. The institution may date to the reign of King William of Scotland (died 1214).
|
|
In 1173 he, two royal justiciars, and a chamberlain were in Capua to adjudicate a case relating to the abbey of Santa Sofia of Benevento.Paul Oldfield, 89–90. In 1176 Tancred of Lecce succeeded Richard of Gravina as constable and justiciar in the same district as Robert. While Tancred generally held court at Bari, Barletta and Troia, Robert was generally at Caserta, Capua or Aversa.
|
|
In 1182, following royal orders, Robert and Tancred of Lecce were in Aversa to pass judgement in the case of the Bishop of Marsia, who was unable to enforce his rights over the monastery of San Bartolomeo di Avezzano, which was supported by Gentilis de Palearia. The high standing of the litigants probably necessitated joint action by the justiciars. A list of those plaintiffs who required both justiciars to adjudicate during Robert's career suggests this: the Bishops of Teano and Sessa in 1171, the monastery of La Cava in 1171, 1177 and 1182, the Bishop of Venosa in 1176, the monastery of Montecassino in 1180, the Bishop of Benevento in 1180 and 1185, the Bishop of Bari in 1181, and the Bishop of Troia in 1183. While at Aversa in 1182, Robert gave orders to the chamberlain of the Principality of Salerno "as though he was his normal superior".
|
|
Calendar of Patent Rolls, 1247–58, p. 73. The Pope began to enquire into the affair and summoned William's proctor to argue his case. By 22 October, back at Westminster, the king was hearing of trouble breaking out at the abbey itself and appointed Robert Walerand, one of his most trusted justiciars, to deal with cases arising from a serious trespass.Calendar of Patent Rolls, 1247–58, p. 76.
|
|
Algot Magnuson was first mentioned in historical sources in 1374. He was born the son of Magnus Anundson Sture and Karin Algotsdotter, daughter of Algot Magnusson who belonged to the ancient Västergötland dynasty of justiciars. The family byname Sture, already of his father (this was an exceptional case of a hereditary byname, surname, being in real use in medieval Sweden), was not used of Algot. He was usually known as Algot of Räfsnäs.
|
|
However, whilst the discussions had been going on, Philip and John had created war in three different areas of the Angevin Empire. Firstly, in England, John had attempted to take over, asserting that Richard would never return. The justiciars pushed him and his forces back to the castles of Tickhill and Windsor, which were besieged. A deal was made that allowed John to keep Tickhill and Nottingham, but return his other possessions.
|
|
The Lord President is also the Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from the justiciars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by the Earl of Argyll until the heritability was resigned to the Crown in 1607.
|
|
On 25 November 1215 John had sent a writ to the justiciars saying "Send to us with all speed by day and night, forty of the fattest pigs of the sort least good for eating so that we may bring fire beneath the castle".Contemporary source quoted in Salter (2000). The fire thus created caused one entire corner of the keep to collapse. The rebels withdrew behind the keep's cross-wall but still managed to hold out.
|
|
In return, the Vexin and the castle of Gisors would be given to Philip. With the help of Philip, John went to invade England and incite rebellion against Richard's justiciars. John failed and then had worse luck when it was discovered Richard was alive, which was unknown until this point. At the imperial court in Speyer, Richard was put on trial where he spoke very well for himself: Richard was to be set free after a deal was finalised in June 1193.
|
|
Jocelin and Peter des Roches, the Bishop of Winchester, anointed and crowned King Henry III, the young son of John, after John's death. Later, Jocelin was present at the battle with Eustace the Monk in 1217, which helped to secure Henry's rule. Jocelin supported Hubert de Burgh's work of ejecting French forces from England and regaining control of royal castles seized by Falkes de Breauté and other barons. In 1218, Jocelin was one of the itinerant justiciars for southwestern England.
|
|
Following the conclusion of the treaty, Alexander III entrusted control of Mann into the hands of royal officials. Four such bailiffs or justiciars are known to have been appointed to govern the island: a certain "Godredus Mac Mares"; Alan, illegitimate son of Thomas fitz Roland, Earl of Atholl (died 1231); a certain "Mauricius Okarefair" / "Mauricio Acarsan"; and Reginald, the king's chaplain.Neville (2015) p. 160; Neville; Simpson (2012) pp. 199-200 §§ 170-173 213 §§ 241-244, 214 § 246; McDonald (1997) p.
|
|
House of Cistercian monks: Abbey of Buildwas, note anchor 26. or whether Gilbert hoped to evade repaying Ursellus, who was Jewish. In 1234, shortly after Gilbert's death, the abbot secured from Henry III a complete cancellation of the pledge, although not presumably of the debt itself, and the Justiciars of the Exchequer of the Jews were notified of the change. By this time, however, the abbey was already involved in a complex suit with Gilbert's widow, Eva, who was claiming part of his estate as her dower.Eyton.
|
|
Another court was held by the same officers in the same city, absent the king, in 1151.Oldfield, 89–91. In 1158, in the castle of Capua, Florius and fellow justiciar Aimeric of Montemore adjudicated a complaint from the abbot of Santa Sofia of Benevento. Around 1166, at Aversa, Florius, with the justiciars Matthew de Venabulo and John de Valle, "performing the role of the lord king [in a] plenary and solemn court" (plenariam et sollempnem curia), restored two mills to the Diocese of Aversa.
|
|
The historian Emma Mason argues that Urse, along with Flambard, Robert Fitzhamon, Roger Bigod, Haimo the dapifer, or seneschal, and Eudo, another dapifer, were the first recognisable barons of the Exchequer. During his absence from England, the king addressed a number of writs to Urse, along with Haimo, Eudo, and Robert Bloet, ordering them to enforce William's decisions there. The historian Francis West, who studied the office of the justiciarship, asserts that Haimo, Eudo, and Urse, along with Flambard, could be considered the first English justiciars.
|
|
Other prominent allies of the Comyns were the Clan Graham, Clan Fraser, Clan Sinclair, the Cheynes, Mowats, Lochores, Clan Maxwell and Clan Hay. The long-standing authority of the Clan Comyn (Cumming) was witnessed by their extended tenure of the Justiciarship of Scotia, the most important political and administrative office in the kingdom. Three successive Comyn Lords of Badenoch and Earls of Buchan were justiciars of Scotia for no fewer than sixty six years between 1205 and 1304. See: William Comyn, Lord of Badenoch and Alexander Comyn, Earl of Buchan.
|
|
Robert was a King's clerk and royal justice in the reign of Henry II.Gaydon and Pugh, Colleges of secular canons: Shrewsbury, section 4 Some of the cases in which he was involved are known. For example, on 11 February 1189 Robert was one of the justiciars who helped settle a suit precipitated by an assize of novel disseisin concerning Lilleshall Abbey over disputed land at Hencott, north of Shrewsbury.Eyton, Volume 6, p.368 A year or two later, he was a justiciar in a long-running case involving land at Longford.
|
|
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 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.
|
|
A piepowder court was held in front of the mayor and bailiffs of the borough (or the steward, if the market or fair was held by a lord). The number of justiciars often varied but was usually limited to three or four men. Punishments typically included fines and the possibility of being held in a pillory or being drawn in a tumbrel (a two-wheeled cart) in order to humiliate the offender. More serious crimes would often be reserved for the royal justices, but sometimes the jurisdiction was still held by a piepowder court.
|
|
115–118 Although the English Chancery was responsible for most of the charters and writs issued by the government, they were not responsible for all of them, as the Exchequer and the justiciars continued to issue writs during the Angevin period.Mason "Administration and Government" Companion to the Anglo-Norman World p. 139 Whether there was a formal chancery office in Anglo-Saxon England prior to the Norman Conquest is a matter of some debate amongst historians. Some hold that most royal charters in Anglo-Saxon England were produced by the beneficiaries of the charter.
|
|
119 and footnote 162 He was one of a group of royal justices that included Simon of Pattishall, Ralph Foliot, Richard Barre, William de Warenne, and Richard Herriard, used by Hubert Walter, the Justiciar of England during Richard's reign, and chosen for their ability rather than any familial ties. This group replaced the previous system of using mostly local men, and represent the first signs of a professional judiciary.Heiser "Households of the Justiciars" Haskins Society Journal pp. 226–227 In 1194 Osbert was one of the collectors of the carucage in eastern England, along with Barre and de Warrene.
|
|
In 1226 Robert de Auberville and Henry de Sandwich were chosen by the king to replace justiciars in an assize in Canterbury.Cal. Patent Rolls, 1225-1232, p. 151. He sat in an assize in Rochester with justices William de Cyriton, Simon de Chelefeld and Simon de Craye in 1228, and in 1229, with Henry de Cobham, William de Dudinton and Robert de Rokeley, at Greenwich (an assize of Mort d'Ancestor) with Henry de Sandwich, and at Winchelsea with Simon de Echyngham, William de Munceiaus and William de Oym.Cal. Patent Rolls, 1225-1232, pp. 212, 283, 293, 309.
|
|
192 The historian Francis West, who studied the office of the justiciarship, asserts that Eudo, along with Haimo and Urse d'Abetot, as well as Ranulf Flambard, could be considered the first English justiciars,West Justiciarship pp. 11–13 a position that the historian Emma Mason has modified towards them being the first barons of the exchequer.Mason William II p. 75 By that time Eudo's position was so powerful that he was able to impede efforts by the monks of Westminster Abbey to recover a church in London that had previously belonged to the abbey but had been alienated.
|
|
In 1227, after Gregory IX became pope, Frederick's army set sail from Brindisi for Acre (then the capital of the Kingdom of Jerusalem), but an epidemic forced Frederick to return to Italy. Gregory took this opportunity to excommunicate Frederick for breaking his crusader vow, though this was just an excuse, as Frederick had for years been trying to consolidate imperial power in Italy at the expense of the papacy. In June 1228 Frederick made his last effort to be reconciled with Gregory, sending Archbishop Albert of Magdeburg and two Sicilian justiciars to speak with the pope. It had no effect and the excommunicated Frederick sailed from Brindisi on 28 June.
|
|
The justiciarship during this period was less connected to justice and was more closely tied to the Exchequer, or treasury of England, and most of the power in the office derived from its control of the Exchequer.Heiser "Households of the Justiciars" Haskings Society Journal pp. 226–228 A new note in Coutances' administration was his custom of issuing writs not in his own name, as had previously been the practice, but in the king's name. The archbishop also stressed that his decisions were made with the advice and consent of many of the leading nobles of the realm, as well as the barons of the Exchequer.
|
|
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 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.
|
|
This group of men replaced the previous system of using mostly local men, and are the first signs of a professional judiciary.Heiser "Households of the Justiciars" Haskins Society Journal pp. 226–227 In 1195 Walter issued an ordinance by which four knights were appointed in every hundred to act as guardians of the peace, a precursor to the office of Justice of the Peace. His use of the knights, who appear for the first time in political life, is the first sign of the rise of this class who, either as members of parliament or justices of the peace, later became the mainstay of English government.
|
|
Arms granted to Roger de Kirkpatrick of Closeburn: Argent, a saltire and chief azure, the last charged with three cushions or. Kirkpatrick was appointed one of the deputy justiciars of Scotland, given responsibility for Galloway in partnership with the English justiciar Walter de Burghdon. This appointment is recorded in the Ordinances of 1305, by which Edward I attempted to order the administration of a Scotland reduced to the status of a 'land' instead of a realm. An ally of Robert Bruce, Kirkpatrick was present in the Chapel of Greyfriars Monastery in Dumfries on 10 February 1306 when Bruce quarrelled with John "the Red" Comyn and killed him.
|
|
Brewer's ancestry is unclear, but he was probably the son of Henry Brewer and the grandson of William Brewer, Royal Forester of Bere, Hampshire, who founded the nunnery of Polsloe in Exeter. William Brewer, Bishop of Exeter, was one of his nephews. He began his career as Forester of Bere, a hereditary title, and by 1179 had been appointed Sheriff of Devon.Dugdale, The Baronage of England, p. 700 Under King Richard I (1189–1199) he was one of the justiciars appointed to administer the kingdom while the king was on the Third Crusade. He was present at Worms, Germany, in 1193 to aid in the negotiations for the ransom of King Richard.
|
|
He had held high office during this period on account of the vacancies that had been created by the Aragonese defeat of the Angevins at the Battle of the Gulf of Naples (5 June 1284), where many men of high rank, including Charles of Salerno, had been taken as prisoner. Jean had returned to Papal service by February 1285. The death of Charles provided an opportunity for one of his old foes, Conrad of Antioch, a member of Staufer ruling house supported by Aragon, to invade the Abruzzo from Papal territory, where he held Anticoli. On 3 February 1285, Martin IV charged Jean d'Eppe, along with Giacomo Cantelmo and Amiel d'Agoult, the co-justiciars of the Abruzzo, with repelling Conrad's invasion.
|
|
Palgrave was called to the bar in 1827 (after a long period working for solicitors, 1803–1822). In 1822, he had advocated publishing the national records, and from 1827 he edited several volumes of medieval texts for the Record Commission, including Parliamentary Writs and Writs of Military Summons (2 volumes, 1827 and 1834; including in vol. 2 a text of Nomina Villarum) and Rotuli Curiae Regis: Rolls and Records of the Court held before the King's Justiciars or Justices (2 volumes, 1835). Meanwhile, he was also publishing historical works of his own, including A History of England (1831), The Rise and Progress of the English Commonwealth (1832), An Essay on the Original Authority of the King's Council (1834), Truths and Fictions of the Middle Ages: the Merchant and the Friar (1837) and The History of Normandy and England (1851–64, 4 volumes, of which the last two appeared posthumously).
|
|
And they shall do the same to Henry the king, his son, and to his heirs, saving only the fealty which they owe to the lord king, his father. Likewise, the heirs of the king of Scots, and of his barons, and of his men shall do liege homage to the heirs of the lord king (Henry) against all other men. Further, the king of Scots and his men shall not receive, either in Scotland or in any of his other lands, any exile from the lands of the lord king who has been expelled therefrom by reason of felony, unless he wishes to justify himself in the court of the lord king (Henry), and to submit to the judgment of his court. Otherwise, the king of Scots and his men shall take such a one as quickly as they can and bring him to the lord king (Henry) or to his justiciars or to his bailiffs in England.
|
|
On 4 August 1494 in a court held at Stenton, before John Swinton of that Ilk, depute and lieutenant of John, Lord Glamis, and Robert Lord l'Isle, King's Justiciars generally constituted from the south side of the Forth; Robert Lauder of Bass showed a charter or writ of resignation by the deceased Gilbery Duchry mentioning that Gilbert resigned the land or tenement of Duchry (in the Lammermuir Hills), in the tenement of Stentoun, in the hands of Walter, Stewart of Scotland, superior thereof. Robert Lauder of Beil, son and apparent heir of the said Robert, asserted that a charter by his father to him of the mains of Stenton and three-quarters of the town and territory made no reservation of the lands of Duchry. The witnesses were Robert Laweder, son and apparent heir of Robert Lauder of Beill, James Cockburn of Clerkington, William Hepburn of Athelstaneford, Alexander Sydserf of that Ilk, James Ogill, David Ogill, and others.
|
|
The Lord President of the Court of Session is the head of the country's judiciary and the presiding judge of the College of Justice (which comprises the Court of Session and High Court of Justiciary.) The current Lord President is Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk When presiding over criminal cases in the High Court of Justiciary the Lord President is known as the Lord Justice- General, an office that can be traced back to the ancient justiciars. In 1830, the Court of Session Act 1830 united the offices of Lord President of the Court of Session and Lord Justice General, with the person appointed as Lord President assuming the office of Lord Justice General ex officio. The Lord President presides over the 1st Division of the Inner House of the Court of Session, and will often hear appeals that raise significant or important points of law. The Lord President was made head of a unified judiciary as a result of the passage of the Judiciary and Courts (Scotland) Act 2008 by the Scottish Parliament.
|
|