JUSTICIAR. Unlike all other officers of the central adminis tration in the 12th century the justiciar was not a household official. The justiciarship originated in the king's need for a re sponsible subordinate who could take as wide a view of the royal needs as the king himself. A man of unquestionable loyalty, with a specialist's knowledge of the details of administration, was neces sary to act as regent when the king was abroad, and at other times to take charge of such matters as the king could not arrange him self. Such a man from the nature of his office could not be a member of the king's household. He was in a position superior to that of any household officer.
William I. had appointed men to hold authority while he was in Normandy, but their office had always ended on his return to England. Ranulf Flambard, chaplain to William II., was the first man to hold a position analogous to that of the 12th century jus ticiars. He was responsible for the collection of William II.'s revenue, and is known to have interested himself in the adminis tration of justice all over the country. In the reign of Henry I. increasing specialisation in the administration meant more and better trained officials. Richard and Ralf Basset, father and son, were successively styled Justiciarius, with the implication that they held some authoritative position among the royal judges, but they never held the position of supremacy in the administration which belonged to the justiciar at the end of the century. That was held in the reign of Henry I. by Roger, bishop of Salisbury, who is styled, and who styles himself, Justiciarius and Procurator Anglie. The fall of Roger owing to King Stephen's jealousy, and the anarchy of Stephen's reign broke the normal development of the administrative offices.
Although at the beginning of his reign Henry II. appointed jus ticiars, apparently to fill the place once held by Roger, their position was very different. He appointed two justiciars instead of one, and kept them busy with routine work, not at first trusting them with control, even when he was abroad. The Chancellor, Thomas Becket, was the chief minister in the earlier years of the reign, and it was not till after his appointment to the archbishop ric and consequent quarrel with Henry that the justiciar became the greatest man in the kingdom after the king. His supremacy was firmly established during the long official career of Richard de Lucy (1153-79) followed by that of Ranulf de Glanvil (118o-89). Head of the whole administration, the justiciar found his labours constantly increasing. The volume of judicial work was growing greater every year owing to the popularity of Henry II.'s reforms. The justiciar presided over the bench of judges at
Westminster, organised the judicial circuits, heard difficult pleas, gave his advice to judges on innumerable points of law and him self went round the country to see that the administration was properly conducted. Such work kept him fully occupied when the king was in England. It is not remarkable that although in theory he should have presided over the sessions of the Exchequer (q.v.), he was seldom able to be present. When the king was abroad, in addition to his ordinary routine duties, the justiciar had to raise such money as the king needed, and to see that peace was main tained. All the justiciars of the second half of the twelfth century on occasion raised forces and took the field either against rebels (e.g., Count John in 1194) or to preserve the peace of the Marches. Under Richard I. the office grew in importance, since the king was continuously out of the country and it fell to succes sive justiciars to raise his ransom and the large sums for his war with France. John was interested in English administration and his justiciar, Geoffrey Fitz Peter, had less responsibility than his immediate predecessors. He was able to concentrate more on his judicial work.
The office became extremely important during the minority of Henry III. Hubert de Burgh was not a trained lawyer as Geoffrey Fitz Peter had been, and he was mainly concerned and interested in affairs of state. He was the ruler of the country as no justiciar had ever been before, but he was the last of the great justiciars. His fall (1232) was due to Henry's weariness of his domination, to royal jealousy of the supreme great official. The day of the great officer of state governing all departments and controlling all was past. One of the leading judges was appointed justiciar, but his work was mainly judicial and only lasted till 1234, when the barons secured the fall of the Poitevins, whose support had en abled Henry to rid himself of Hubert de Burgh. During the period of Henry's personal rule no justiciar was appointed. Henry distrusted the great official chancellor, treasurer and justiciar alike. When the barons took control in 1258 the office was re-established for a time. But the baronial justiciars were temporary, paid, and overworked officials, whose work lay in the administration of justice and the supervision of the routine of government. The office came to an end in 1261. In Sicily and Scotland, countries closely connected with England, similar officials existed in the 12th century. In Scotland there were two justiciars, one for the country to the north and another for that to the south of the Forth.
(D. M. S.)