Wood— ne Office of Chief Governor of Ireland, 11 72-1509. 209 



(b) Justiciar. 



The title of Justiciar is derived from the Latin " Justiciarius," which was 

 applied to all Justices. So, too, the English word " Justiciar " was also 

 applied to all Justices in the past, as we find Madox in his History of the 

 Exchequer writing ahout Justiciars of the Bench. In ISTorman-Freneh the 

 corresponding title was "Justice." The term "Justiciar" is now only applied 

 to the King's representative in the past. The old practice of using this word 

 to indicate all kinds of Judges has led many historians into error, through 

 not observing that the Chief Governor was always called " Justiciarius 

 Hiberniae," while the others had their distinctive titles, as "Justiciarius de 

 Banco," " Justiciarius ad assisas capiendas assignatus," &c. 



The office of Justiciar was one of those Norman offices which William I 

 brought with him to England ; and when he was absent in Normandy he 

 appointed a Justiciar in England to represent him in his absence. This 

 practice ceased in England with Hugh le Despenser in 1272, but was 

 continued in Ireland till long afterwards, as in 1449 we find Eichard Talbot, 

 Archbishop of Dublin, acting as J usticiar. From that time we find the title 

 still used, but with a different signification, which I will refer to later on 

 under the head of " Gustos." The appointment of a Justiciar to represent the 

 King is also to be found in Scotland, where two Justiciars were appointed, 

 one for the north and another for the south ; and the Supreme Criminal 

 Court in that country is still called the High Court of Justiciary. In Wales, 

 too, after the conquest, a Justiciar was appointed in 1328 (Eymer). 



The Justiciarship, unlike the office of King's Lieutenant, was usually 

 made without any indenture, with a fixed salary of £500 and the obligation 

 to maintain twenty men-at-arms and twenty caparisoned horses. Possibly 

 in some cases these forces tended to become fictitious, as in 1349, in 

 Thomas de Eokeby's patent, the twenty men-at-arms and twenty mounted 

 archers were to be periodically inspected by the Treasurer to prevent 

 frauds. The Justiciar's powers were set out in his patent; and he was 

 usually enjoined to act only with the advice of the Council. 'J'hese powers 

 were of a much more limited nature than those given to a King's Lieutenant. 

 In early times he was obliged to give his own son or some of the children of 

 his kinsmen or wealthy retainers to the King as a guarantee of his fidelity, 

 and he, in turn, could claim hostages from the native chiefs. 



'J'he Justiciar was always given the custody of the land and the castles, 

 unless a King's Lieutenant was acting with him, when the custody of the 

 land was given to the latter. 



