Lord Chancellor

The Lord High Chancellor of Great Britain, or Lord Chancellor and in former times Chancellor of England, is one of the most senior and important functionaries in the government of the United Kingdom. He is a Great Officer of State, and is appointed by the Sovereign on the advice of the Prime Minister and is, by convention, always a peer, although there is no legal impediment to the appointment of a commoner. The Lord Chancellor's responsibilities are wide-ranging: they include presiding over the House of Lords; participating in the Cabinet; acting as the custodian of the Great Seal; and heading the judiciary. Concerns over these wide-ranging powers have led to Tony Blair's administration proposing the abolition of the office. The Constitutional Reform Act 2005 will transfer many of the powers to others. Since 2003, Lord Falconer of Thoroton has served as Lord Chancellor and also Secretary of State for Constitutional Affairs.

History

The office of Lord Chancellor may trace its origins to the Carolingian monarchy, in which a Chancellor acted as the keeper of the royal seal. In England, the office dates at least as far back as the Norman Conquest (1066), and possibly earlier. Some give the first Chancellor of England as Angmendus, in 605. Other sources suggest that the first to appoint a Chancellor was Saint Edward the Confessor, who is said to have adopted the practice of sealing documents instead of personally signing them. In any event, the office has been continuously occupied since the Norman Conquest.

Related Topics:
Carolingian monarchy - England - Norman Conquest - 1066 - Angmendus - 605 - Saint Edward the Confessor

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Formerly, the Lord Chancellor was almost always an ecclesiastic, as during the Middle Ages the clergy were amongst the few literate men of the realm. The Lord Chancellor performed multiple functions—he was the Keeper of the Great Seal, the chief royal chaplain, and advisor in both spiritual and temporal matters. Thus, the position emerged as one of the most important ones in government. He was only outranked in government by the Justiciar (whose post is now obsolete).

Related Topics:
Ecclesiastic - Middle Ages - Chaplain - Justiciar

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As one of the King's ministers, the Lord Chancellor attended the Curia Regis, or Royal Court. If a bishop, the Lord Chancellor received a writ of summons; if an ecclesiastic of a lower degree, or if a layman, he attended without any summons. The Curia Regis would later evolve into Parliament, the Lord Chancellor becoming the prolocutor of its upper house, the House of Lords. As was confirmed by a statute passed during the reign of Henry VIII, a Lord Chancellor could preside over the House of Lords even if not a Lord himself.

Related Topics:
Curia Regis - Bishop - Writ of summons - Parliament - Statute - Henry VIII

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The Lord Chancellor's judicial duties also evolved through his role in the Curia Regis. Petitions for justice were normally addressed to the King and the Curia, but in 1280, Edward I instructed his justices to examine and deal with petitions themselves as the Court of King's Bench. Important petitions were to be sent to the Lord Chancellor for his decision; even more significant ones were to be brought to the King's attention. By the reign of Edward III, however, a separate tribunal for the Lord Chancellor had developed. In this body, which became known as the High Court of Chancery, the Lord Chancellor would determine cases according to fairness (or "equity") instead of according to the strict principles of common law. The Lord Chancellor also became known as the "Keeper of the King's Conscience". Ecclesiastics continued to dominate the Chancellorship until the 16th century. In 1529, after Thomas Cardinal Wolsey, who was Lord Chancellor and Archbishop of York, was dismissed for failing to procure the annulment of Henry VIII's first marriage, ecclesiastics fell out of the royal favour, and laymen came to appointed to the office. Ecclesiastics made a brief return during the reign of Mary I, but thereafter, almost all Lord Chancellors have been laymen.

Related Topics:
1280 - Edward I - Court of King's Bench - Edward III - High Court of Chancery - Equity - Common law - 16th century - 1529 - Thomas Cardinal Wolsey - Archbishop of York - Mary I

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