Lord Chancellor - History

History

The office of Lord Chancellor of England 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 Edward the Confessor, who is said to have adopted the practice of sealing documents instead of personally signing them. A clerk of Edward's, Regenbald, was named "chancellor" in some documents from Edward's reign. In any event, the office has been continuously occupied since the Norman Conquest. The chancellor headed the writing office, or chancery.

Formerly, the Lord Chancellor was almost always a churchman, 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 adviser 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 (now obsolete).

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.

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; the more significant of these were also to be brought to the King's attention. By the reign of Edward III, this chancellery function developed into a separate tribunal for the Lord Chancellor. 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." Churchmen continued to dominate the Chancellorship until the 16th century. In 1529, after Cardinal Thomas Wolsey, who was Lord Chancellor and Archbishop of York, was dismissed for failing to procure the annulment of Henry VIII's first marriage, laymen tended to be more favoured for appointment to the office. Ecclesiastics made a brief return during the reign of Mary I, but thereafter, almost all Lord Chancellors have been laymen.