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United Kingdom
Lord High Chancellor
of Great Britain
Coat of arms of the United Kingdom (2022, lesser arms).svg
Royal Arms used by His Majesty's Government
David Lammy, 2024.jpg
Incumbent
David Lammy

since 5 July 2024
Ministry of Justice
Style The Right Honourable
(within the UK and Commonwealth)
Member of
Appointer The Monarch
on the advice of the Prime Minister
Precursor
  • Lord High Chancellor of England
  • Lord High Chancellor of Scotland
Formation
First holder The 1st Lord Cowper
as Lord High Chancellor of Great Britain
Salary £159,038 per annum (2022)
(including £86,584 MP salary)
Website Official website: https://www.gov.uk/government/organisations/ministry-of-justice

The Lord Chancellor, officially called the Lord High Chancellor of Great Britain, is a very important government minister in the United Kingdom. This person acts as the minister of justice for England and Wales. They are also the highest-ranking "Great Officer of State" in both Scotland and England.

The Lord Chancellor is chosen by the King or Queen based on advice from the Prime Minister. Long ago, before England and Scotland joined to form Great Britain, there were separate Lord Chancellors for each country.

This important role is part of the Cabinet, which is a group of senior government ministers. By law, the Lord Chancellor makes sure that the courts work well and stay independent. They lead the Ministry of Justice and speak for the judges within the Cabinet.

In 2005, some big changes happened to the legal system and the Lord Chancellor's job. Before that, the Lord Chancellor also led the House of Lords, was the head judge for England and Wales, and presided over a special court. These roles were then given to other officials, like the lord speaker and the lord chief justice.

One key duty of the Lord Chancellor is to look after the Great Seal of the Realm. This special seal is used to make official government documents valid. Sometimes, a "Lord Keeper of the Great Seal" or a group called "Lords Commissioners of the Great Seal" might do these duties. However, since the 1800s, only Lord Chancellors have been appointed.

Discovering the History of the Lord Chancellor

The job of Lord Chancellor has a very long history, possibly starting with ancient kings who had officials to keep their royal seals. In England, this role goes back at least to the Norman Conquest in 1066. Some historians even suggest it started earlier, around 605.

One story says that Edward the Confessor was the first to use a chancellor. He started sealing documents instead of signing them himself. His clerk, Regenbald, was called "chancellor" in some old papers. Over time, the chancellor's office grew and became separate from the King's household. It eventually settled in a place called Chancery Lane.

In the Middle Ages, most Lord Chancellors were members of the church. This was because churchmen were often the most educated people who could read and write. The Lord Chancellor had many jobs: they kept the Great Seal, served as the King's chief chaplain, and advised the King on both religious and worldly matters. This made the position one of the most powerful in the government.

Seal of William de Longchamp
Seal of William de Longchamp, an early Chancellor of England.

The Lord Chancellor was also part of the King's court, called the curia regis. This court later became Parliament. The Lord Chancellor then became the leader of the House of Lords, which is the upper house of Parliament.

The Lord Chancellor's role in judging cases also grew from the curia regis. People would ask the King for fairness when strict laws seemed unfair. These requests became too many for the King to handle alone. So, in 1280, King Edward I asked his ministers, often the Lord Chancellor, to help with these appeals.

This led to the Lord Chancellor creating a separate court called the High Court of Chancery. In this court, cases were decided based on fairness, or "equity", rather than just strict common law rules. This is why the Lord Chancellor was sometimes called the "keeper of the king's conscience".

For a long time, churchmen held the chancellorship. But in 1529, after Cardinal Thomas Wolsey was dismissed, more non-churchmen started to be appointed. After the reign of Mary I, almost all Lord Chancellors were not church officials.

When England and Scotland united in 1707 to form Great Britain, the Lord Chancellor of England became the first Lord High Chancellor of Great Britain. The separate office of Lord Chancellor of Scotland eventually stopped being used. The office of lord chancellor of Ireland also existed until 1922 when Ireland became independent.

Understanding the Lord Chancellor's Office

Player's cigarettes 19 Lord High Chancellor of England
The Lord High Chancellor (Viscount Hailsham) in 1937, with his ceremonial purse.

In the past, when a church official was Lord Chancellor, a "Keeper of the Great Seal" would step in if the Chancellor was away. Keepers were also appointed when the office was empty, until a new Lord Chancellor was found. An Act of Parliament in Queen Elizabeth I's time made sure that a Lord Keeper had the same powers as a Lord Chancellor.

Both the Lord Keeper and the Lord Chancellor are officially appointed by receiving the Great Seal. The Chancellor also takes an oath at the Royal Courts of Justice.

Historically, commoners (people without noble titles) were often made Lord Keepers, while peers (nobles) became Lord Chancellors. If a Lord Keeper later became a peer, they would then be appointed Lord Chancellor. The last Lord Keeper was Robert Henley in 1761. Since then, both commoners and peers have been appointed Lord Chancellor.

Sometimes, the job of Lord Chancellor can be given to a group of people, called Lords Commissioners of the Great Seal. This happens when there's a gap between one Chancellor leaving and another starting. However, this hasn't happened since 1850.

As mentioned, there were once separate Chancellors for England, Scotland, and Ireland. After the Act of Union 1707, the English and Scottish roles combined. But when Great Britain and Ireland united in 1800, the Irish Lord Chancellor remained separate until 1922. This is why the title is "Lord High Chancellor of Great Britain," not "United Kingdom."

What the Lord Chancellor Does: Key Functions

Leading the Ministry of Justice: Executive Duties

The Lord Chancellor is a member of the Privy Council and the Cabinet. They lead the Ministry of Justice. This department was known by different names over the years, becoming the Ministry of Justice in 2007.

By law, the Lord Chancellor is the government minister in charge of running the courts and tribunals. They also oversee legal aid, which helps people pay for legal advice, and matters of public guardianship in England and Wales.

The Lord Chancellor recommends judges for courts across England, Wales, and the UK. Since 2005, senior judges are appointed by the King or Queen based on the Lord Chancellor's advice. This advice comes after consulting an independent Judicial Appointments Commission. The Lord Chancellor also approves appointments for local court judges and coroners.

Beyond judicial matters, the Lord Chancellor has other important duties. They lead a special ceremony in Westminster Abbey at the start of the legal year. They are also involved in appointing "King's Counsel", who are very senior lawyers. An independent panel now recommends these lawyers, and the Lord Chancellor ensures the process is fair.

Perhaps the most famous duty is looking after the Great Seal of the Realm. This seal has been with the Lord Chancellor for almost a thousand years. It is used on important documents like royal letters and proclamations. The actual sealing is done under the Lord Chancellor's orders. It's important to note that the Lord Chancellor does not keep the Great Seals for Scotland, Northern Ireland, or Wales.

Helping Make Laws: Legislative Duties

The Lord Chancellor helps make new laws. When a new law, called a "bill," is passed by Parliament, it needs "royal assent" from the King or Queen to become an official Act of Parliament. The Lord Chancellor presents a list of these bills to the King or Queen for approval.

When the King or Queen appoints "lords commissioners" to perform certain actions in Parliament, like giving royal assent, the Lord Chancellor usually acts as the main commissioner. They wear special parliamentary robes for these occasions. When Jack Straw, a Member of Parliament, was Lord Chancellor, he was named a commissioner but did not take part in the formal ceremonies.

Church of England Responsibilities: Ecclesiastical Duties

The Lord Chancellor has several roles related to the Church of England. They must be consulted before judges are appointed to church courts. They are also one of the thirty-three Church Commissioners, who manage the Church of England's assets.

The Lord Chancellor also appoints clergy (priests) to many church positions that are under the Crown's patronage. They do this for over four hundred parishes and ten cathedral roles.

Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974
Act of Parliament
Long title An Act to declare the law relating to the tenure of the office of Lord Chancellor by Roman Catholics and to make provision for the exercise of ecclesiastical functions during any tenure of the office of Lord Chancellor by Roman Catholics.
Citation 1974 c. 25
Dates
Royal assent 9 July 1974
Status: Current legislation
Text of statute as originally enacted
Text of the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

Historically, there was some uncertainty about whether Catholics could be Lord Chancellor because of the role's connection to the Church of England. To clear this up, a law was passed in 1974. This law confirmed that Catholics could indeed hold the office. It also said that if a Catholic became Lord Chancellor, their church-related duties could be temporarily given to the Prime Minister or another minister.

Other Important Duties

Under the Regency Act 1937, the Lord Chancellor is one of five people who decide if the King or Queen can still perform their duties. If three or more of these people agree, based on medical evidence, that the monarch cannot rule, then a regent takes over.

The Lord Chancellor also gives a speech and a toast to the Lord Mayor of London at a special dinner each July.

Past Roles of the Lord Chancellor

Former Head of the Judiciary

The Lord Chancellor was once seen as the "Keeper of the King's Conscience" and was the chief judge of the Court of Chancery. This court aimed to provide fair decisions when common law seemed too strict. Over time, the Lord Chancellor became the recognized head of the English and Welsh judiciary.

Before 2005, the Lord Chancellor had many judicial roles. They sat as a judge in the highest court, the Appellate Committee of the House of Lords. They also oversaw other important courts. However, by the end of the 20th century, they rarely acted as a judge. Concerns grew about a government minister also being a judge.

The Constitutional Reform Act 2005 removed these judicial roles from the Lord Chancellor.

Former Leader of the House of Lords

The Lord Chancellor used to be the person who led meetings in the House of Lords. The Constitutional Reform Act 2005 also changed this. The House of Lords now elects its own leader, called the Lord Speaker of the House of Lords.

Former Visitor of Public Institutions

The Lord Chancellor used to act as a "visitor" for many universities, colleges, schools, and charities. This meant they had a special oversight role. These duties were transferred to the King or Queen, or to other officials, after the Constitutional Reform Act 2005.

High Ranking and Special Privileges

The Lord High Chancellor is a very high-ranking official, usually outranking all other "Great Officers of State" except for the Lord High Steward, a role that is rarely filled. This means the Lord Chancellor is usually the highest-ranking Great Officer.

The importance of the office is shown by an old law from 1351, which made it a very serious crime to harm the Lord Chancellor.

In the modern order of precedence, the Lord Chancellor holds a very high position. They are generally outranked only by the royal family and senior church leaders. In England, they come before everyone except the archbishop of Canterbury. Even though the Prime Minister usually has more power, the Lord Chancellor technically outranks them.

The Lord Chancellor receives a high annual salary.

The Lord Chancellor's Official Dress

Lord Chancellor's procession (SO'24)
The Lord High Chancellor (Shabana Mahmood) wearing ceremonial dress at the 2024 State Opening of Parliament.

On important state occasions, like the State Opening of Parliament, the Lord Chancellor wears special legal court dress. This includes a black silk velvet tailcoat, waistcoat, and breeches, with a white shirt, lace, and black silk stockings. Over this, they wear a long, scarlet wool robe decorated with gold. They also wear a full wig. In the past, they carried a three-cornered hat, which is still sometimes worn by commissioners.

When the Lord Chancellor was a member of the House of Lords, they wore a simpler version of this court dress.

Today, if the Lord Chancellor is a Member of Parliament (from the House of Commons), they usually wear a normal business suit. They only wear the full ceremonial dress for state events. There's a tradition that Lord Chancellors without a legal background don't wear a wig. For example, Chris Grayling, Michael Gove, and Liz Truss (who was the first woman Lord Chancellor) did not wear one. However, current Lord Chancellor Shabana Mahmood, who is a barrister, wears the full court dress and wig.

Symbols of Office: Insignia

Wolsey banner
Heraldic banner of Cardinal Thomas Wolsey, an early Lord Chancellor, showing his symbols of office.

The traditional symbols of the Lord Chancellor's office are a special purse that holds the Great Seal and a ceremonial mace. These items show the power and history of the role.

Changes and Reforms to the Office

In the early 2000s, the government felt it was not right for the Lord Chancellor to have roles in all three parts of government: executive (running the country), legislative (making laws), and judicial (judging cases). This went against the idea of "separation of powers", which says these roles should be separate.

In 2003, the government announced plans to change the office of Lord Chancellor. After much discussion, it became clear that the ancient office couldn't just be abolished easily. So, the title of Lord Chancellor was kept, but many of its old duties were moved to other officials.

The Constitutional Reform Act 2005 made these big changes. The Lord Chancellor's judicial duties went to the Lord Chief Justice, and the role of leading the House of Lords went to the Lord Speaker of the House of Lords. The Lord Chancellor still remained a key member of the Prime Minister's Cabinet.

In 2007, the department led by the Lord Chancellor was renamed the Ministry of Justice.

Before these reforms, if someone who wasn't a peer (a noble) was appointed Lord Chancellor, they would usually be given a peerage (a noble title). But after the 2005 Act, it was no longer necessary for the Lord Chancellor to be a peer or even to have a legal background.

In June 2007, Jack Straw became the first Lord Chancellor in a very long time (since 1587) to be a Member of Parliament, rather than a member of the House of Lords. Later, Liz Truss became the first woman to serve as Lord Chancellor in 2016.

Fictional Stories Featuring the Lord Chancellor

The Lord Chancellor has appeared in many fictional works, showing how important the role is in British culture.

In the famous comic opera Iolanthe by W. S. Gilbert and Arthur Sullivan, the Lord Chancellor is a main character, known only by his title. The late Chief Justice of the United States, William Rehnquist, was so inspired by the Lord Chancellor's costume in Iolanthe that he added golden stripes to his own judicial robes!

Charles Dickens' novel Bleak House also features a fictional Lord Chancellor. This character presides over a never-ending court case called Jarndyce and Jarndyce.

In Anthony Trollope's "Palliser novels," several fictional Lord Chancellors appear, holding the office in different governments.

A children's poem by A. A. Milne, "King Hilary and the Beggarman", tells the story of a fictional Lord High Chancellor, "Proud Lord Willoughby," who is dismissed for not obeying his king.

The Lord Chancellor also appears in David Gurr's thriller A Woman Called Scylla and in an episode of the TV series Rumpole of the Bailey.

See also

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