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Updated: June 29, 2025
The power exercised by a Justiciar State in a Justiciary Union, the Fathers recognized as being neither strictly legislative, nor strictly executive, nor strictly judicial, but a power compounded of all these three powers.
Inquests of novel disseisin, of mort d'ancestor, and of darrein presentment shall not be held elsewhere than in their own county courts, and that in manner following; We, or, if we should be out of the realm, our chief justiciar, will send two justiciaries through every county four times a year, who shall alone with four knights of the county chosen by the county, hold the said assizes in the county court, on the day and in the place of meeting of that court.
"He will not come yet," said the Justiciar, but he knew not that the knight was already at the outer gate, and Little John with him. "Welcome, Sir Knight," said the porter. "The horse that you ride is the noblest that ever I saw. Let me lead them both to the stable, that they may have food and rest."
The real strife was about the seven remaining statutes, which declared that an accused clerk must first appear before the king's court, and that the justiciar should then send a royal officer with him to watch the trial at the ecclesiastical court, and if he were found guilty the Church should no longer protect him; that the chief clergy might not leave the realm without the king's permission; that appeals might not be carried to the Papal Court without the king's consent; that no tenant-in-chief of the king might be excommunicated without the leave of the king; that the revenues of vacant sees should fall to the king, until a new appointment had been made in his court; that questions of advowsons or presentations to livings questions which at that time represented comparatively a vast amount of property should be tried in the king's court; and that the king's judges should decide in matters of debt, even where the case included a question of perjury or broken faith, which was claimed as a matter for ecclesiastical jurisdiction.
He was also made governor of Dublin and justiciar of Ireland, but this title is the only evidence that he was to be regarded as the representative of the king. Waterford and Wexford were made domain towns, as well as Dublin, and the earl of Pembroke, who gave up the royal rights which he might inherit from King Dermot, was enfeoffed with Leinster on the service of a hundred knights.
The first Archbishop of Canterbury since the Conquest directly nominated by the pope for even in Langton's case there was a form of election Richard le Grand at once began to quarrel with the justiciar, demanding that he should surrender the custody of Tunbridge castle on the ground of some ancient claim of the see of Canterbury.
So far back as 1227 advantage had been taken of Henry's majority to exact large sums of money for the confirmation of all charters sealed during his nonage. The barons made it a grievance that his brother Richard was ill-provided for, and a rising in 1227 extorted a further provision for him from what was regarded as the niggardliness of the justiciar.
Richard "Strongbow," Earl of Pembroke and Lord of Leinster, who had been made justiciar after the rebellion, had died early in 1176, and his successor in office, William Fitz Adelin, had not proved the right man in the place. There were also new conquests to be considered and new homages to be rendered, if the plan of a kingdom was to be carried out.
The Revolutionary statesmen have left a very considerable literature showing their views concerning the nature of the right of a state to be the Justiciar State of a Union of States, and concerning the powers which a Justiciar State may rightfully exercise.
"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.
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