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Updated: June 29, 2025
"It was in the year 1445 that's not far short o' four hundred years ago ah! tempus fugit, which is a Latin quotation, my girl, from Horace Walpole, I believe, an' signifies time and tide waits for no man; that's what they calls a free translation, you must know; well, it was in the winter o' 1445 that a certain Alexander Ogilvy of Inverquharity was chosen to act as Chief Justiciar in these parts I suppose that means a kind of upper bailiff, a sort o' bo's'n's mate, to compare great things with small.
The first detailed and specific notice of their character occurs in the charter of Henry I. In the early part of his reign, being anxious to fix himself securely in his seat, the usurper conveyed, or confirmed, a grant to the citizens to hold Middlesex to farm for the yearly rental of 300 pounds; to appoint their own sheriff and their own justiciar; to be exempt from various burdensome and vexatious taxes in force in other parts of the kingdom; to be free from all denominations of tolls, customs, passage, and lestage, throughout the kingdom and along the seaboard; and to possess many other equally important privileges.
Later the king of Scotland invaded Northumberland, but fell back before the advance of Richard of Lucy, who in his turn laid waste parts of Lothian and burned Berwick. In October the Earl of Leicester landed in Norfolk with a body of foreign troops, but was defeated by the justiciar and the Earl of Cornwall, who took him and his wife prisoners.
The personal care of the king was comprised within the marshal's duties, but he delegated that branch of his work to Peter des Roches. These two, with Gualo, controlled the whole policy of the new reign. Next to them came Hubert de Burgh, John's justiciar, whom the marshal very soon restored to that office.
At Nottingham, at the beginning of August, these prosecutions were carried further, and there the incident occurred which gives peculiar interest to the proceedings. Richard of Lucy, the king's faithful minister and justiciar, produced before the king his own writ ordering him to proclaim the suspension of the laws in regard to hunting and fishing during the war.
But his growing influence was seen in the appointment of his supporter, Hugh Despenser, as Justiciar in Bigod's place, while his strength was doubled by the accession of the King's son Edward to his side. In the moment of the revolution Edward had vehemently supported the party of the foreigners.
He began by sending to the king three successive warnings, all based on the assumption that in such a dispute the final decision must remain with the Church and that the State must always give way. His next step was the solemn excommunication of seven supporters of the king, mostly clerks, but including Richard of Lucy, the justiciar.
The expression "Justiciar State," however, seems to be more scientifically correct. A Justiciar was an official who exercised the power of government in a judicial manner.
But the Justiciar was resolute to crush it, and he was backed by the strenuous efforts of Stephen Langton. A new and solemn coronation of the young king in 1220 was followed by a demand for the restoration of the royal castles which had been seized by the barons and foreigners.
Moreover, John had not entirely forfeited his hereditary advantages. The administrative families, whose chief representative was the justiciar Hubert de Burgh, held to their tradition of unswerving loyalty, and joined with the followers of the old king, of whom William Marshal was the chief survivor.
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