THE LORD CHANCELLOR
The office of Lord Chancellor dates back at least to the Norman Conquest, and we have the names of several in similar positions in even earlier Anglo-Saxon times, including one in AD 605. Little more than secretaries to the kings at first and, since few other than Churchmen were literate, they were almost always ecclesiastics who would also serve as royal chaplains. The role changed drastically when Thomas à Becket became the Lord Chancellor. Later, when the Chancellors Wolsey failed to obtain an annulment for Henry VIII, he turned to appointing laymen and such has been the usual practice since.

From the beginning the Lord Chancellor was a member of the Royal Council and, when this evolved into Parliament, became a member of the House of Lords. Over time he became its Leader and also the one responsible for the proper functioning and independence of the Courts. He ranked above all the other peers and just below the royal family and the Archbishop of Canterbury.

The United States prides itself on the separation of powers between the Executive, the Legislative and the Judicial branches of government. In Britain, by the nineteenth century, the position of the Lord Chancellor was almost untenable. It was as though the Chief Justice of the Supreme Court and the Leader of the Senate were the same person who also served on the President's Cabinet. It is no wonder the Lord Chancellor in Iolanthe is conflicted.

By the Constitutional Reform Act 2005, his role has changed considerably; the Lord Chancellor is no longer the Presiding Officer of, the House of Lords. While he is still responsible for administering the court system and nominates judges, he no longer serves as a judge himself. Still a member of the Cabinet, he is responsible for Constitutional reforms. His title is Secretary of State for Constitutional Affairs and Lord Chancellor, and his salary is still the highest in the government, even more than that of the Prime Minister. While he should be independent in creating judges, he is still a party member and resigns with the government, so all conflict has not been resolved.

THREE IMPORTANT LORD CHANCELLORS
There have been many notable Lord Chancellors in the history of England, but three of the most important and influential were all named Thomas. Coincidentally, they all came a bad end, but two later became saints.

Thomas à Becket (1155-1162) changed the office from that of a minor functionary to one of the most important positions in the land. Of an upper-middle class Norman family he studied in Paris and, when the Archbishop of Canterbury took an interest in him, was made the Archdeacon of Canterbury. King Henry II appointed him his Lord Chancellor, and soon he had a big staff and was able to supervise the whole country efficiently. At six feet he was one of the tallest men in England and, by the age of thirty-six, one of the most powerful, the power behind the throne. He and Henry became ‘buddies' hunting together and always in each others company. He lived an extravagant life and kept a splendid household. Also an accomplished warrior, in one campaign in France he led a company of 700 knights equipped at his own expense and was reported to have unhorsed many of the enemy himself. When the Archbishop died, Henry thought he would put his own man in the job and decided to appoint Becket. Thomas demurred, saying Henry would soon hate him, but he was finally persuaded against his better judgment. True enough, he became his own man, opposing many of the King's projects and changing from his extravagant lifestyle, to become an ascetic and wearing a hair shirt. On one occasion King became so angry at Becket he cried: "What cowards have I about me that no one will deliver me from this meddlesome priest"*. Four men took him at his word, left for Canterbury, and murdered the Archbishop in his Cathedral. The King made public penance at his grave and Becket was canonized three years later. Chaucer's The Canterbury Tales describes a group of people on a pilgrimage to visit his shrine.

* His exact words are not known, but he did say something to this effect. His life has been depicted in the 1964 film Becket starring Richard Burton as Becket and Peter O'Toole as Henry. It has a few historical inaccuracies but gives a good picture of both men and their times.

Under Henry VIII, two men who became Lord Chancellors to, and close friends of, the King were later arrested on his orders and charged with treason. Both were also named Thomas (because of Becket, the most common name in England .)

Thomas Wolsey (1515-1529) graduated from Oxford at the age of fifteen and later went on to become Lord Chancellor. He was made the Archbishop of York with a dispensation from actually going to that northern city; in fact, he never saw it until just before his death. He had several other bishoprics and was made a Cardinal, becoming one of the wealthiest men in England on his Church revenues. Although he was clever enough not to let Henry realize it, he became England's actual ruler. (While he worked twelve hour days he encouraged Henry to go hunting.) He sat every Sunday in the Court of Chancery, was very active in foreign affairs, and called Parliament only once during his term of office. He fell from power over Henry's desire for an annulment* from Queen Catherine and subsequent marriage to Anne Boleyn. Privately Wolsey was against it, but he seems to have worked to support it. Exactly what happened is not known, but he was dismissed and charged with treason, dying a natural death before he could be executed.

* Catherine had been married to Henry's brother, Arthur, who died soon after the marriage. When Henry and Catherine produced no male heirs, the King cited Leviticus 20: 21 to the effect that if a man marries his dead brother's wife they shall be childless, in applying to the Pope for an annulment.

Thomas More (1529-1532)
If Cardinal Wolsey was a Churchman who was not religious, Thomas More was a layman who was a theologian and an ascetic. (He wore a hair shirt most of his life.) He attended Oxford for two years but did not graduate. At first he thought of becoming a monk but finally married and had a large family. Elected a member of Parliament for the City of London, he rose to become its Speaker before being chosen by Henry to succeed Wolsey as Lord Chancellor, one of the of first layman in this position. He wrote many books, among them the landmark Utopia. Intensively involved in the campaign against heretics (six were burned during his tenure), he was bitterly hated by the Protestants. When Henry decided to defy the Pope and declared himself the head of the Church of England, More withdrew his support, was forced to resign, tried for treason, and beheaded at the age of fifty-seven. In 1935 he was canonized as a saint. He is the subject of the play A Man for all Seasons and the movie starring Paul Scofield.

Chosen by the Queen, the present Lord Chancellor is a member of the House of Commons

THE COURTS
The Court of Chancery
While ordinary courts decide cases strictly on the common law and precedent, courts of equity can consider fairness or equity. Their origin was in the right of appeal to the King for justice from decisions based only on common law. By the time of Edward III such appeals were turned over to the Lord Chancellor, and the High Court of Chancery was formed. For over six hundred years, the Chancellor alone heard all cases. (In the United State equity varies from state to state but equity cases are usually heard in the same courts as others. The Supreme Court is a court of equity.)

Wards in Chancery are young people (from infants until they become of age) who because they are orphans or from broken homes, become wards of the court which manages all their affairs and their fortunes. Phyllis in Iolanthe is a Ward in Chancery as are Major Stanley's daughters in The Pirates of Penzance. It is supposed to be a form of protection but is subject to abuses. A person can give a large amount of money to a minor and then obtain a writ to administer her fortune. She becomes a ward of court and can not marry or even leave the court's jurisdiction for a holiday without permission.

The Bar
In British Courts, a bar separates the judge's bench from the rest of the room to keep unauthorized people from going too close to him. Lawyers who are pleading a case stand at it. Students who meet all the qualifications to plead cases are ‘called to the bar' and have the title of barrister. While there is no such bar in American courtrooms, the term persists in the ‘bar exam' which must be passed before a lawyer can practice in a state.

The Lawyers
While the distinction is becoming blurred there are two basic classes of lawyers in Britain. Solicitors are the ones who have direct contact with clients. They research and prepare cases but hire barristers to plead them in court. Barristers have been ‘called to bar'. They are attorneys and conduct the actual litigation before the jury which solicitors are not allowed to do. They have little contact with the clients. Particularly eminent barristers can be appointed to be one of "Her Majesty's Counsel learned in law" or a Queen's Counsel. They sit within the bar in the courtroom and wear silk robes, hence are said to ‘take the silk'. Recently a few solicitors have been named Queen's Counsels.

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Revised July 2009
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