Historically the office of the Lord Chancellor has played an important part in the administration of the bankruptcy jurisdiction. As keeper of the Monarch's conscience, custodian of the Great Seal and head of the Court of Chancery until the Supreme Court of Judicature Acts of the late nineteenth century, the Lord Chancellor was, inter alia, ultimately responsible for the appointment of Bankruptcy Commissioners and more importantly hearing disputes relating to insolvent estates and bankruptcy matters in the Court of Chancery. The Lord Birkenhead once quipped that he had enough problems looking after his own conscience, let alone the Monarch's (according to his successor the Lord Elwyn-Jones).
The delays in that "most pestilent of hoary sinners" as Dickens evocatively described the Court of Chancery in Bleak House, are legendary. This reputation is perhaps unjust. As a court reporter Dickens would have encountered the supposed reputation for delay that has haunted the memory of the Lord Eldon (pictured), Lord Chancellor between 1801 and 1806 and again between 1807 and 1827. Whilst it can be accepted that the Lord Eldon did take time to draft and deliver his judgments, it could be argued that this was not because of any inefficient delay. It was because he was the sole judge in his court for much of his tenure and perhaps more importantly because he was a perfectionist who wanted to get his judgments right before handing them down. His reputation has been maligned by the picture Dickens has painted of the Court of Chancery. For further discussion of this period see here (one, two and three). One of the most interesting holders of this ancient office has to Sir Francis Bacon (Lord Verulam, Viscount St' Albans) who spent some time in a Sponging house as a debtor! See here for more on this polymath and his insolvency judgments whilst presiding over the equitable jurisidiction.
The role of Lord Chancellor is, as one previous incumbent has opined, "Older than Magna Carta." We are told that, "the name 'chancellor' derives from the cancelli or lattice screens of a Roman court. The cancellarius was the court official, the usher, who sat at the screen." The recent changes to this ancient office are to some extent to be lamented in my view. Here is a list of Lord Chancellors throughout 1,000 years of history courtesy of the DCA:
| Year of appointment | Office Holder |
|---|---|
| 1068 | Herfast |
| 1070 | Osmund |
| 1078 | Maurice, archdeacon of Le Mans |
| 1085-86 | Gerard, precentor of Rouen |
| 1092 | Robert Bloet |
| 1094 | William Giffard, bishop of Wincester |
| 1101 | Roger, bishop of Salisbury |
| 1102 | Waldric |
| 1107 | Ranulf |
| 1123 | Geoffrey Rufus |
| 1133 | Robert de Sigillo, keeper of the seal |
| 1135 | Roger le Poer |
| 1139 | Philip de Harcourt, dean of Lincoln |
| 1140 | Robert of Ghent, dean of York |
| 1141 | William Fitz Gilbert |
| 1142 | William de Vere |
| 1150 | Richard de Bohun, dean of Bayeux |
| 1151 | William |
| 1155 | Thomas Becket, archdeacon of Canterbury |
| 1162 | Geoffrey Ridel, archdeacon of Canterbury |
| 1173 | Ralph de Warneville, treasurer of York |
| 1181 | Geoffrey Plantagenet, |
| 1189 | William Longchamp, bishop of Ely |
| 1197 | Eustace, vice-chancellor 1194-97, dean of Salisbury, keeper of the seal, 1198 chancellor |
| 1199 | Hubert Walter, archbishop of Canterbury |
| 1205 | Walter de Gray |
| 1214-1216 | Richard Marsh, archdeacon of Northumberland, remained chancellor |
| 1226 | Ralph Neville |
| 1240 | Richard de Gras, abbot of Evesham, keeper of the seal |
| 1244 | Silvester de Everdon (keeper of the seal in England 1242-43) archdeacon of Chester |
| 1246 | John Mansel, chancellor of St Paul's |
| 1247 | John Lexington |
| 1248 | John Mansel |
| 1249 | John Lexington |
| 1250 | William of Kilkenny, archdeacon of Coventry |
| 1255 | Henry Wingham, dean of St Martin's-le-Grand, bishop of London 1259-62. |
| 1260 | Nicholas of Ely, archdeacon of Ely |
| 1261 | Walter de Merton (temporary keep of the seal 1259-60), archdeacon of Bath |
| 1263 19 July | Nicholas of Ely |
| 1263 Nov | John Chishull, archdeacon of London |
| 1264 | Thomas Cantilupe, archdeacon of Stafford |
| 1265 | Ralph of Sandwich, temporary keeper of the seal |
| 1265 | Walter Gifford |
| 1266 | Godfrey Gifford,archdeacon of Wells and York |
| 1268 | John Chishull |
| 1269 | Richard Middleton, archdeacon of Northumberland |
| 1272 | Walter Merton |
| 1274 | Robert Burnell, archdeacon of York |
| 1292 | John Langton, canon of Lincoln |
| 1302 | William Greenfield, dean of Chichester |
| 1305 | William of Hamilton, dean of York |
| 1307 | Ralph Baldock, bishop of London |
| 1307 | John Langton, |
| 1310 | Walter Reynolds, bishop of Worcester From early in 1312 usually called keeper of the great seal |
| 1314 | John Sandall, bishop of Winchester |
| 1318 | John Hotham, bishop of Ely |
| 1320 | John Salmon, bishop of Norwich |
| 1323 | Robert Baldock |
| 1326 | William Airmyn, bishop of Norwich, acting keeper of the seal, jointly with Henry Cliff |
| 1327 | John Hotham |
| 1328 | Henry Burghersh, bishop of Lincoln |
| 1330 | John Stratford, bishop of Winchester, archbishop of Canterbury |
| 1334 | Richard Bury, bishop of Durham |
| 1335 | John Stratford |
| 1337 | Robert Stratford, bishop of Chichester |
| 1338 | Richard Bintworth, bishop of London |
| 1340 | John Stratford |
| 1340 | Robert Stratford |
| 1340 | Robert Bourchier, |
| 1341 | Robert Parving, |
| 1343 | Robert Sadington, |
| 1345 | John Offord, dean of Lincoln |
| 1349 | John Thoresby, bishop of St David's |
| 1356 | William Edington, bishop of Winchester |
| 1363 | Simon Langham, bishop of Ely |
| 1367 | William Wykeham, bishop of Winchester |
| 1371 | Robert Thorpe |
| 1372 | John Knyvet |
| 1377 | Adam Houghton, bishop of St David's |
| 1378 | Richard Scrope, lord Scrope of Bolton |
| 1380 | Simon Sudbury, bishop of London, archbishop of Canterbury |
| 1381 | Hugh Segrave temporary keeper |
| 1381 | William Courtenay bishop of London |
| 1381 | Richard Scrope |
| 1382 | Robert Braybrooke, bishop of London |
| 1383 | Michael de la Pole, Earl of Suffolk 1385 |
| 1386 | Thomas Arundel [or Fitzalan], bishop of Ely |
| 1389 | William Wykeham |
| 1391 | Thomas Arundel |
| 1396 | Edmund Stafford, bishop of Exeter |
| 1399 | Thomas Arundel |
| 1399 | John Scarle, archdeacon of Lincoln |
| 1401 | Edmund Stafford |
| 1403 | Henry Beaufort, bishop of Lincoln |
| 1405 | Thomas Langley, dean of York |
| 1407 | Thomas Arundel |
| 1410 | Thomas Beaufort, Earl of Dorset |
| 1412 | Thomas Arundel |
| 1413 | Henry Beaufort |
| 1417 | Thomas Langley |
| 1424 | Henry Beaufort |
| 1426 | John Kemp, archbishop of York |
| 1432 | John Stafford, bishop of Bath and Wells |
| 1450 | John Kemp, |
| 1454 | Richard Neville, Earl of Salisbury |
| 1455 | Thomas Bourchier, archbishop of Canterbury |
| 1456 | William Waynflete, bishop of Winchester |
| 1460 | George Neville, bishop of Exeter |
| 1467 | Robert Stillington, bishop of Bath and Wells |
| 1470 | George Neville |
| 1473 | Laurence Booth, bishop of Durham |
| 1474 | Thomas Rotherham, bishop of Rochester |
| 1475 | John Alcock, bishop of Rochester |
| 1475 | Thomas Rotherham |
| 1483 | John Russell, bishop of Lincoln |
| 1485 | Thomas Rotherham |
| 1485 | John Alcock |
| 1487 | John Morton, archbishop of Canterbury |
| 1504 | William Warham, archbishop of Canterbury, keeper of the seal |
| 1515 | Thomas Wolsey, archbishop of York |
| 1529 | Sir Thomas More |
| 1533 | Sir Thomas Audley, Lord Audley, keeper of the seal 1538 |
| 1544 | Thomas Wriothesley, Lord Wriothesley 1544, keeper of the seal |
| 1547 | William Paulet, Lord of St John, keeper of the seal |
| 1547 | Richard Rich, Lord Rich |
| 1551 | Thomas Goodrich (Goodrick), bishop of Ely keeper of the seal from 1551 |
| 1553 | Stephen Gardiner, bishop of Winchester |
| 1555 | The seal in commission |
| 1556 | Nicholas Heath, archbishop of York |
| 1558 | Nicholas Bacon, lord keeper |
| 1579 | Sir Thomas Bromley |
| 1587 | Sir Christopher Hatton |
| 1591 | The seal in commission |
| 1592 | Sir John Puckering, lord keeper |
| 1596 | Sir Thomas Egerton, lord keeper, created Lord Ellesmere lord chancellor 1603 |
| 1617 | Sir Francis Bacon, lord keeper, Lord Verulam, created lord chancellor 1618 |
| 1621 | John Williams, lord keeper, bishop of Lincoln |
| 1625 | Sir Thomas Coventry, lord keeper, Lord Coventry 1628 |
| 1640 | Sir John Finch, lord keeper, Lord Finch 1640 |
| 1641 | Sir Edward Littleton, Lord Lyttleton of Mounslow 1641 |
| 1642-60 | The parliamentary and protectorate great seal was in the hands of various commissioners who were neither chancellors nor keepers |
| 1645 | Sir Richard Lane, lord keeper |
| 1653 | Sir Edward Herbert |
| 1658 | Sir Edward Hyde, Lord Hyde 1660 |
| 1660 | Lord Hyde, Earl of Clarendon 1661 |
| 1667 | Sir Orlando Bridgeman, lord keeper |
| 1672 | Anthony Ashley Cooper, Earl of Shaftesbury 1672 |
| 1673 | Sir Heneage Finch, lord keeper, created chancellor, 1675 Lord Finch 1674 |
| 1682 | Sir Francis North, lord keeper, Lord Guildford 1683 |
| 1685 | George Jeffreys, Lord Jeffreys 1685 |
| 1689-93 | The seal in commission |
| 1693 | Sir John Somers, lord keeper, created chancellor 1697, Lord Somers 1697 |
| 1700 | Sir Nathan Wright, lord keeper |
| 1705 | William Cowper, lord keeper, created chancellor1707, (1st lord chancellor of Great Britain, the Act of Union), Lord Cowper 1706 |
| 1708 | The seal in commission |
| 1710 | Sir Simon Harcourt, lord keeper, created chancellor 1713, Lord Harcourt, 1711 |
| 1714 | Lord Cowper |
| 1718 | Thomas Parker, Earl of Macclesfield 1721 |
| 1725 | The seal in commission |
| 1725 | Peter King, Lord King 1725 |
| 1733 | Charles Talbot, Lord Talbot of Hensol |
| 1737 | Philip Yorke, Lord Hardwicke |
| 1756 | The seal in commission |
| 1757 | Sir Robert Henley, lord keeper, Lord Henley 1760, created chancellor 1761 |
| 1766 | Charles Pratt, Earl of Camden 1786 |
| 1770 | Charles Yorke |
| 1770 | The seal in commission |
| 1771 | Henry Bathurst, Lord Apsley |
| 1778 | Edward Thurlow, Lord Thurlow |
| 1783 | The seal in commission |
| 1783 | Lord Thurlow |
| 1792 | The seal in commission |
| 1793 | Alexander Wedderburn, Lord Loughborough |
| 1801 | John Scott, Lord Eldon |
| 1806 | Thomas Erskine, Lord Erskine |
| 1807 | Lord Eldon |
| 1827 | John Singleton Copley, Lord Lyndhurst |
| 1830 | Henry Brougham, Lord Brougham and Vaux |
| 1834 | Lord Lyndhurst |
| 1835 | The seal in commission |
| 1836 | Sir Charles Pepys, Lord Cottenham |
| 1841 | Lord Lyndhurst |
| 1846 | Lord Cottenham |
| 1850 | Sir Thomas Wilde, Lord Truro |
| 1852 | Sir Edward Burtenshaw Sugden, Lord St Leonards |
| 1852 | Robert Rolfe, Lord Cranworth |
| 1858 | Sir Frederic Thesiger, Lord Chelmsford |
| 1859 | John Campbell, Lord Campbell |
| 1861 | Sir Richard Bethell, Lord Westbury |
| 1865 | Lord Cranworth |
| 1866 | Lord Chelmsford |
| 1868 | Hugh Cairns, Lord Cairns |
| 1868 | Sir William Page Wood, Lord Hatherley |
| 1872 | Roundell Palmer, Lord Selborne |
| 1874 | Lord Cairns |
| 1880 | Lord Selbourne |
| 1885 | Sir Hardinge Giffard, Lord Halsbury |
| 1886 | Sir Farrer Herschell, Lord Herschell |
| 1886 | Lord Halsbury |
| 1892 | Lord Herschell |
| 1895 | Lord Halsbury |
| 1905 | Sir Robert Reid, Lord of Loreburn |
| 1912 | Richard Haldane, Viscount Haldane |
| 1915 | Sir Stanley Buckmaster, Lord Buckmaster |
| 1916 | Sir Robert Finlay, Lord Finlay, |
| 1919 | Sir Frederick Smith, (FE Smith), Lord Birkenhead |
| 1922 | George Cave, Viscount Cave |
| 1924 | Viscount Haldane |
| 1924 | Viscount Cave |
| 1928 | Sir Douglas Hogg, Lord Hailsham (later Viscount Hailsham) |
| 1929 | Sir John Sankey, Lord Sankey (later Viscount Sankey) |
| 1935 | Viscount Hailsham |
| 1938 | Frederick Maugham, Lord Maugham (later Viscount Maugham) |
| 1939 | Thomas Inskip, Viscount Caldecote |
| 1940 | John Simon, Viscount Simon |
| 1945 | William Jowitt, Lord Jowitt (later Viscount Jowitt) |
| 1951 | Gavin Simonds, Lord Simonds 1952 (later Viscount Simonds) |
| 1954 | David Fyfe, Viscount Kilmuir |
| 1962 | Reginald Manningham-Buller, Lord Dilhorne (later Viscount Dilhorne) |
| 1964 | Gerald Gardiner, Lord Gardiner |
| 1970 | Quintin Hogg, Lord Hailsham of St Marylebone |
| 1974 | Frederick Elwyn-Jones, Lord Elwyn-Jones |
| 1979 | Lord Hailsham of St Marylebone |
| 1987 | Sir Michael Havers, Lord Havers |
| 1987 | James Mackay, Lord Mackay of Clashfern |
| 1997 | Derry Irvine, Lord Irvine of Lairg |
| 2003 - 2007 | Charles Falconer, Lord Falconer of Thoroton |
The current Lord Chancellor is Mr Jack Straw MP who was appointed in 2007. He is not a peer as so many of his predecessors have been. He was a barrister for two years (1972-1974) before entering politics as an advisor to Barbara Castle.
Picture Credit: http://blue.plaquemap.com/blueplaqueblog/wp-content/uploads/2007/03/john_scott_earl_of_eldon.jpg
Comments