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LORD CHIEF JUSTICE

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Originally appearing in Volume V17, Page 2 of the 1911 Encyclopedia Britannica.
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LORD See also:CHIEF See also:JUSTICE , in See also:England, the presiding See also:judge of the See also:king's See also:bench See also:division of the High See also:Court of Justice, and in the See also:absence of the lord See also:chancellor, See also:president of the High Court. He traces his descent from the See also:justiciar of the See also:Norman See also:kings. This officer appears first as the See also:lieutenant or See also:deputy of the king, exercising all the functions of the See also:regal See also:office in the absence of the See also:sovereign. " In this capacity See also:William Fitz-Osbern, the steward of See also:Normandy, and See also:Odo of See also:Bayeux, acted during the Conqueror's visit to the See also:continent in 1067; they were See also:left, according to William of See also:Poitiers, the former to govern the See also:north of England, the latter to hold See also:rule in See also:Kent, See also:vice sua; See also:Florence of See also:Worcester describes them as "custodes Angliae," and Ordericus Vitalis gives to their office the name of " praefectura." It would seem most probable that William Fitz-Osbern at least was left in his See also:character of steward, and that the Norman seneschalship was thus the origin of the See also:English justiciarship " (See also:Stubbs's Constitutional See also:History, i. 346). The same authority observes that William of See also:Warenne and See also:Richard See also:Clare (Bienfaite), who were left in See also:charge of England in 1074, are named by a writer in the next See also:generation " praecipui Angliae justitiarii "; but he considers the name to have not yet been definitely attached to any particular office, and that there is no See also:evidence to show that See also:officers appointed to this See also:trust exercised any functions at all when the king was at See also:home, or in his absence exercised supreme judicial authority to the exclusion of other high officers of the court. The office became permanent in the reign of William See also:Rufus, and in the hands of Ranulf See also:Flambard it became co-extensive with the supreme See also:powers of See also:government. But it was not till the reign of See also:Henry II. that the chief officer of the See also:crown acquired the exclusive right to the See also:title of capitalis or totius Angliae justitiarius. Stubbs considers that the English See also:form of the office is to be accounted for by the king's See also:desire to prevent the See also:administration falling into the hands of an hereditary See also:noble. The See also:early justiciars were clerics, in whom the See also:possession of See also:power could not become hereditary. The justiciar continued to be the chief officer of See also:state, next to the king, until the fall of See also:Hubert de See also:Burgh (in the reign of King See also:John), described by Stubbs as the last of the See also:great justiciars. Henceforward, according to Stubbs, the office may be said to have survived only in the judicial functions, which were merely See also:part of the See also:official character of the chief justiciar.

He was at the See also:

head of the See also:curia regis, which was separating itsel into the three See also:historical courts of See also:common See also:law about the See also:time when the justiciarship was falling from the supreme See also:place. The chancellor took the place of the justiciar in See also:council, the treasurer in the See also:exchequer, while the two offshoots from the curia regis, the common pleas and the exchequer, received chiefs of their own. The-king's bench represented the See also:original stock of the curia regis, and its chief justice the great justiciar. The justiciar may, therefore, be said to have become from a See also:political a purely judicial officer. A similar development awaited his successful See also:rival the chancellor. Before the Judicature See also:Act the king's bench and the common pleas were each presided over by a lord chief justice, and the lord chief justice of the king's bench was nominal head of all the three courts, and held the title of lord chief justice of England. The titles of lord chief justice of the common pleas and lord chief See also:baron were abolished by the Judicature Act 1873, and all the common law divisions of the High Court See also:united into the king's bench division, the president of which is the lord chief justice of England. The lord chief justice is, next to the lord chancellor, the highest judicial dignitary in the See also:kingdom. He is an ex-officio judge 4 thecourt of See also:appeal. He holds office during See also:good behaviour, and can only be removed by the crown (by whom he is appointed) after a See also:joint address of both houses of See also:parliament. He is now the only judicial functionary privileged to See also:wear the See also:collar of SS. There has been much discussion as to the origin and history of this collar; i it was a badge or insignia attached to certain offices entitling the holders to wear it only so See also:long as they held those offices.

The collar of SS. was worn by the chiefs of the three courts previous to their amalgamation in 1873, and that now worn by the lord chief justice of England was provided by See also:

Sir A. See also:Cockburn in 1859 and entailed by him on all holders of the office. The See also:salary is £800o a See also:year. In the United States the supreme court consists of a chief justice and eight See also:associate justices, any six of whom make a See also:quorum. The salary of the chief justice is $13,000 and that of the associates $12,500. The chief justice takes See also:rank next after the president, and he administers the See also:oath on the inauguration of a new president and vice-president. The See also:principal or presiding judge in most of the state judicatures also takes the title of chief justice.

End of Article: LORD CHIEF JUSTICE

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