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Updated: June 15, 2025
In the time of Theobald, Philip de Brois, a canon of Bedford, had been arraigned before his bishop, convicted of manslaughter, and condemned to make pecuniary compensation to the relations of the deceased. Long afterward, Fitz-Peter, the itinerant justiciary, alluding to the same case, called him a murderer in the open court at Dunstable.
But though they writhed and fainted under the pincers of the executioners, they confessed nothing. Indeed, they preserved a silence which left the people amazed, for the people lacked the explanation. The Grand Justiciary, Hugh des Baux, had seen to it that the Pope's injunctions should be obeyed.
But I was a little comforted by a message from his majesty, “that he would give orders to the grand justiciary for passing my pardon in form:” which, however, I could not obtain; and I was privately assured, “that the empress, conceiving the greatest abhorrence of what I had done, removed to the most distant side of the court, firmly resolved that those buildings should never be repaired for her use: and, in the presence of her chief confidents could not forbear vowing revenge.”
But, between this legitimate intervention which enables it to maintain rights, and the abusive interference by which it usurps rights, the limit is visible and it oversteps this limit when, to its function of justiciary, it adds a second, that of governing or supporting another corporation.
In the expedition which he undertook for this purpose, in the year 1260, he was joined by the Justiciary, William Dene, by Walter de Burgo, Earl of Ulster, by Walter de Riddlesford, Baron of Bray, by Donnel Roe, a chief of the hostile house of McCarthy.
He ruled England as grand justiciary in the absence of the monarch, and was thus viceregent of the kingdom. But while he despoiled the Saxon prelates, he would suffer no royal spoliation of the Norman bishops. He even wrested away from Odo, half-brother of the Conqueror, the manors he held as Count of Kent, which originally belonged to the See of Canterbury.
The power exercised by a Justiciar State in a Justiciary Union, they recognized as being neither strictly legislative, nor strictly executive, nor strictly judicial, but a power compounded of all these three powers.
Heedless of the rules of war the young archers of Cacamo shot the Justiciary as he presented himself upon the walls, and, seeing him fall, the whole multitude rushed to the assault, occupied the fortress, put the garrison to the sword, and flung their corpses, piecemeal, to the dogs and to the vultures. This done, the host returned to Palermo.
Remembering this article, we know not what to make of the entry in our own Annals, which states that Robert Bruce landed at Carrickfergus in the same year, 1328, "and sent word to the Justiciary and Council, that he came to make peace between Ireland and Scotland, and that he would meet them at Green Castle; but that the latter failing to meet him, he returned to Scotland."
In short, I was thrown down upon the ground, and while some held my hands, and others my feet, my wife, who was presently furnished with a weapon, laid on me most unmercifully, till I could scarcely breathe: then she said to the ladies, Take him, send him to the justiciary judge, and let the hand be cut off with which he fed upon the garlic ragoo.
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