Lord Chancellor

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. The Appellate Jurisdiction Act 1876 devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges.

His Majesty's Attorney General for England and Wales (Welsh: Twrnai Cyffredinol Lloegr a Chymru) is the chief legal adviser to the Sovereign and Government in affairs pertaining to England and Wales as well as the highest ranking amongst the Law officers of the Crown. The Attorney general is the leader of the Attorney General's Office and currently attends (but is not a member of) the Cabinet. Unlike in other countries employing the Common law legal system, the attorney general does not govern the Administration of justice; that function is carried out by the Secretary of State for Justice and Lord Chancellor. The incumbent is also concurrently the Advocate General for Northern Ireland.

The position of Attorney General dates back to at least 1243, when records indicate that a professional attorney was appointed to represent the King's interests in court. The position first took on a political role in 1461 when the holder of the office was summoned to the House of Lords to advise the Government there on legal matters. In 1673, the attorney general officially became the Crown's adviser and representative in legal matters, although still specialising in litigation rather than advice. The beginning of the 20th century saw a shift away from litigation and more towards legal advice. Today, prosecutions are carried out by the Crown Prosecution Service (CPS) and most legal advice to government departments is provided by the Government Legal Department, both under the supervision of the attorney general.

Charles Pratt, 1st Earl Camden, PC (baptised 21 March 1714 – 18 April 1794) was an English lawyer, judge and Whig politician who was first to hold the title of Earl Camden. As a lawyer and judge he was a leading proponent of civil liberties, championing the rights of the jury, and limiting the powers of the State in leading cases such as Entick v Carrington.

He held the offices of Chief Justice of the Common Pleas, Attorney-General and Lord High Chancellor of Great Britain, and was a confidant of Pitt the Elder, supporting Pitt in the controversies over John Wilkes and American independence. However, he clung to office himself, even when Pitt was out of power, serving in the cabinet for fifteen years and under five different prime ministers.

Sir Thomas More (7 February 1478 – 6 July 1535), venerated in the Catholic Church as Saint Thomas More, was an English lawyer, judge, social philosopher, author, statesman, theologian, and noted Renaissance humanist. He also served Henry VIII as Lord Chancellor from October 1529 to May 1532. He wrote Utopia, published in 1516, which describes the political system of an imaginary island state.

More opposed the Protestant Reformation, directing polemics against the theology of Martin Luther, Huldrych Zwingli and William Tyndale. More also opposed Henry VIII's separation from the Catholic Church, refusing to acknowledge Henry as supreme head of the Church of England and the annulment of his marriage to Catherine of Aragon. After refusing to take the Oath of Supremacy, he was convicted of treason on what he stated was false evidence, and was executed. At his execution, he was reported to have said: "I die the King's good servant, and God's first."

Thomas Becket (/ˈbɛkɪt/), also known as Saint Thomas of Canterbury, Thomas of London and later Thomas à Becket (21 December 1119 or 1120 – 29 December 1170), was an English cleric and statesman who served as Lord Chancellor from 1155 to 1162, and then as Archbishop of Canterbury from 1162 until his death in 1170. He is known for his conflict with King Henry II over the rights and privileges of the Church and was murdered by followers of the king in Canterbury Cathedral. He was canonised by Pope Alexander III two years after his death. He is venerated as a saint and martyr by the Catholic Church and the Anglican Communion.

Thomas Wolsey (/ˈwʊlzi/ WUUL-zee; c. March 1473 – 29 November 1530) was an English statesman and Catholic cardinal. When Henry VIII became King of England in 1509, Wolsey became the king's almoner. Wolsey's affairs prospered and by 1514 he had become the controlling figure in virtually all matters of state. He also held important ecclesiastical appointments. These included the Archbishop of York—the second most important role in the English church—and that of papal legate. His appointment as a cardinal by Pope Leo X in 1515 gave him precedence over all other English clergy.

The highest political position Wolsey attained was Lord Chancellor, the king's chief adviser (formally, as his successor and disciple Thomas Cromwell was not). In that position, he enjoyed great freedom and was often depicted as the alter rex ("other king"). After failing to negotiate an annulment of Henry's marriage to Catherine of Aragon, Wolsey fell out of favour and was stripped of his government titles. He retreated to York to fulfil his ecclesiastical duties as archbishop, a position he nominally held but had neglected during his years in government. He was recalled to London to answer to charges of treason—charges Henry commonly used against ministers who fell out of his favour—but died from natural causes on the way.

English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fund managers invest assets for people who wish to save for retirement). Although people are generally free to set the terms of trusts in any way they like, there is a growing body of legislation to protect beneficiaries or regulate the trust relationship, including the Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987, Financial Services and Markets Act 2000, Trustee Act 2000, Pensions Act 1995, Pensions Act 2004 and Charities Act 2011.

Trusts are usually created by a settlor, who gives assets to one or more trustees who undertake to use the assets for the benefit of beneficiaries. As in contract law no formality is required to make a trust, except where statute demands it (such as when there are transfers of land or shares, or by means of wills). To protect the settlor, English law demands a reasonable degree of certainty that a trust was intended. To be able to enforce the trust's terms, the courts also require reasonable certainty about which assets were entrusted, and which people were meant to be the trust's beneficiaries.

The secretary of state for justice is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the United Kingdom. Since the office's inception, the incumbent has concurrently been appointed Lord Chancellor.

The officeholder works alongside the other justice ministers. The corresponding shadow minister is the shadow secretary of state for justice, and the performance of the secretary of state is also scrutinised by the Justice Select Committee.

The Ministry of Justice (MoJ) is a ministerial department of the Government of the United Kingdom. It is headed by the Secretary of State for Justice, an office held concurrently by the Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.

The British Ministry of Justice may also oversee the administration of justice in Jersey, Guernsey, and the Isle of Man (which are Crown Dependencies), as well as Saint Helena, Ascension, Tristan da Cunha, and the Falkland Islands (which are British Overseas Territories). Gibraltar, another British overseas territory, has its own Ministry of Justice.

The Lord Speaker is the presiding officer, chairman and highest authority of the House of Lords in the Parliament of the United Kingdom. The office is analogous to the Speaker of the House of Commons: the Lord Speaker is elected by the members of the House of Lords and is expected to be politically impartial.

Until July 2006, the role of presiding officer in the House of Lords was undertaken by the Lord Chancellor. Under the Constitutional Reform Act 2005, the position of the speaker of the House of Lords (as it is termed in the Act) became a separate office, allowing the position to be held by someone other than the Lord Chancellor. The Lord Chancellor continued to act as speaker of the House of Lords in an interim period after the Act was passed while the House of Lords considered new arrangements about its speakership.

The Chancellor of the High Court, known until 2005 as the Vice-Chancellor of the High Court, is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and King's Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in a panel in the Court of Appeal (England and Wales). As such this judge ranks equally to the President of the Family Division and the President of the King's Bench Division.

From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the Court of Chancery – rarely a court of first instance until 1855 – were called vice-chancellors. The more senior judges of the same court were the Lord Chancellor and the Master of the Rolls (who were moved fully to the Court of Appeal above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings, and hearings before most cases would reach Chancery the expense and duration of proceedings was pilloried in art and literature before the reforms of the late 19th century. Charles Dickens set Bleak House around raised hopes in a near-incomprehensible, decades-long case in Chancery (Jarndyce and Jarndyce), involving a decision on an increasingly old will which was rendered useless as all of the deceased's wealth was – unknowingly to the prospective beneficiaries – absorbed in legal costs. Reform swiftly followed.

The Lords Commissioners are privy counsellors appointed by the monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament which would otherwise require the monarch's attendance at the Palace of Westminster. These include the opening and prorogation of Parliament, the confirmation of a newly elected Speaker of the House of Commons and the granting of royal assent. The Lords Commissioners are collectively known as the Royal Commission. The Royal Commission includes at least three—and usually five—Lords Commissioners. In current practice, the Lords Commissioners usually include the Lord Chancellor, the Archbishop of Canterbury (who is named but usually does not participate), the leaders of the three major parties in the House of Lords, the convenor of the House of Lords Crossbenchers and (since 2007) the Lord Speaker. Occasionally there are substitutions (such as deputy party leaders) if the normal commissioners are unavailable.

The Lord Chancellor serves as the most senior Lord Commissioner after the Archbishop of Canterbury, who in modern times never participates in the Commission. Traditionally the Lord Chancellor took part in the ceremony and presided over the Royal Commission. However, since the 2007 appointment of Jack Straw, a member of the House of Commons, as Lord Chancellor the person in that office does not participate in Royal Commissions, much like the Archbishop of Canterbury. In this case, the Leader of the House of Lords performs the duties of the Lord Chancellor, with the Lord Speaker of the House of Lords serving as a Lord Commissioner. Exceptions to this procedure were seen in 2009 and 2019, when royal approbation was declared to the elections of John Bercow and Lindsay Hoyle as Commons speaker. On these occasions the lord chancellor, respectively Jack Straw and Robert Buckland, performed this function personally and the Lord Speaker did not serve as a Lord Commissioner.

A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and extraordinary writs. Over time, most equity courts merged with courts of law, and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice.

In the early years of the United States, some states followed the English tradition of maintaining separate courts for law and equity. Others combined both types of jurisdiction in their courts, as the US Congress did for federal courts. United States bankruptcy courts serve as an example of a US federal court that operates as a court of equity. A few common law jurisdictions, such as the U.S. states of Delaware, Mississippi, New Jersey, South Carolina, and Tennessee, continue to preserve the distinctions between law and equity as well as between courts of law and courts of equity. In New Jersey, this distinction is upheld between the civil and general equity divisions of the New Jersey Superior Court.

The Lord High Treasurer was an English government position and subsequently a British government position since the Acts of Union of 1707. A holder of the post would have been the third-highest-ranked Great Officer of State in England, below the Lord High Steward and the Lord High Chancellor of Great Britain.

The Lord High Treasurer functioned as the head of His Majesty's Treasury. The office has, since the resignation of Charles Talbot, 1st Duke of Shrewsbury in 1714, been vacant.

The Bishop of Winchester is the diocesan bishop of the Diocese of Winchester in the Church of England. The bishop's seat (cathedra) is at Winchester Cathedral in Hampshire.

The Bishop of Winchester has always held ex officio the office of Prelate of the Most Noble Order of the Garter since its foundation in 1348. except during the period of the Commonwealth until the Restoration of the Monarchy. Bishops of Winchester also often held the positions of Lord Treasurer and Lord Chancellor ex officio.

Anthony Ashley Cooper, 1st Earl of Shaftesbury PC, FRS (22 July 1621 – 21 January 1683), was an English statesman and peer. He held senior political office under both the Commonwealth of England and Charles II, serving as Chancellor of the Exchequer from 1661 to 1672 and Lord Chancellor from 1672 to 1673. During the Exclusion Crisis, Shaftesbury headed the movement to bar the Catholic heir, James II, from the royal succession, which is often seen as the origin of the Whig party. He was also a patron of the political philosopher John Locke, with whom Shaftesbury collaborated in writing the Fundamental Constitutions of Carolina in 1669.

During the Wars of the Three Kingdoms, Shaftesbury initially supported the Royalists, before switching to the Parliamentarians in 1644. He served on the English Council of State under the Commonwealth, although he opposed Oliver Cromwell's attempt to rule without Parliament during the Rule of the Major-Generals (1655–1657). He backed the Stuart Restoration in May 1660, and was raised to the peerage of England as Lord Ashley by Charles II.

Magdalene College (/ˈmɔːdlɪn/ MAWD-lin) is a constituent college of the University of Cambridge. The college was founded in 1428 as a Benedictine hostel, in time coming to be known as Buckingham College, before being refounded in 1542 as the College of St Mary Magdalene.

Magdalene counted some of the most prominent men in the realm among its benefactors, including Britain's premier noble the Duke of Norfolk, the Duke of Buckingham and Lord Chief Justice Christopher Wray. Thomas Audley, Lord Chancellor under Henry VIII, was responsible for the refoundation of the college and also established its motto—garde ta foy (Old French: "keep your faith"). Audley's successors in the mastership and as benefactors of the college were, however, prone to dire ends; several benefactors were arraigned at various stages on charges of high treason and executed.