justiciar - England, Scotland, Other jurisdictions

In mediaeval times, the chief administrative and judicial officer of the English crown, who also acted as vice-regent during the king's absences overseas. The history of the office can be followed from Bishop Roger of Salisbury (d.1139) to 1234 and then, after a long break (1234–58), to 1265, when it finally lapsed.

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. 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; 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.

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 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.

Other jurisdictions

The title Justiciar was given by Henry II of England to the Seneschal of Normandy. That position corresponnds the general meaning of justiciar, and therefore justiciar is used as lagman's translated title in fluent English texts.