Custos Rotulorum
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''Custos rotulorum'' (; plural: ''custodes rotulorum'';
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "keeper of the rolls", ) is a civic post that is recognised in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
(except
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
) and in
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
.


England, Wales and Northern Ireland

The ''custos rotulorum'' is the keeper of an
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
,
Welsh Welsh may refer to: Related to Wales * Welsh, referring or related to Wales * Welsh language, a Brittonic Celtic language spoken in Wales * Welsh people People * Welsh (surname) * Sometimes used as a synonym for the ancient Britons (Celtic peop ...
and
Northern Irish Northern Irish people is a demonym for all people born in Northern Ireland or people who are entitled to reside in Northern Ireland without any restriction on their period of residence. Most Northern Irish people either identify as Northern ...
county's records and, by virtue of that office, the highest civil officer in the county. The position is now largely ceremonial. The appointment lay with the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
until 1545, but is now exercised by
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, under the
Royal sign-manual The royal sign-manual is the signature of the sovereign, by the affixing of which the monarch expresses his or her pleasure either by order, commission, or warrant. A sign-manual warrant may be either an executive act (for example, an appointmen ...
, and is usually held by a person of rank. The appointment has been united with that of the lord-lieutenancy of the county throughout England since 1836. The ''custos rotulorum'' of
Lancashire Lancashire ( , ; abbreviated Lancs) is the name of a historic county, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significantly. The non-metropolitan county of Lancashi ...
was formerly appointed by the
Chancellor of the Duchy of Lancaster The chancellor of the Duchy of Lancaster is a ministerial office in the Government of the United Kingdom. The position is the second highest ranking minister in the Cabinet Office, immediately after the Prime Minister, and senior to the Minist ...
, and that of
County Durham County Durham ( ), officially simply Durham,UK General Acts 1997 c. 23Lieutenancies Act 1997 Schedule 1(3). From legislation.gov.uk, retrieved 6 April 2022. is a ceremonial county in North East England.North East Assembly â€About North East E ...
vested in the
Bishop of Durham The Bishop of Durham is the Anglican bishop responsible for the Diocese of Durham in the Province of York. The diocese is one of the oldest in England and its bishop is a member of the House of Lords. Paul Butler has been the Bishop of Durham ...
until the abolition of its
palatine A palatine or palatinus (in Latin; plural ''palatini''; cf. derivative spellings below) is a high-level official attached to imperial or royal courts in Europe since Roman times.
rights. Traditionally, he was one of the
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
. The custos rotulorum of the
Isle of Ely The Isle of Ely () is a historic region around the city of Ely in Cambridgeshire, England. Between 1889 and 1965, it formed an administrative county. Etymology Its name has been said to mean "island of eels", a reference to the creatures that ...
remained the
Bishop of Ely The Bishop of Ely is the ordinary of the Church of England Diocese of Ely in the Province of Canterbury. The diocese roughly covers the county of Cambridgeshire (with the exception of the Soke of Peterborough), together with a section of nort ...
until the 'Liberty of Ely Act 1837'. In practice, the records were in the custody of the
clerk of the peace A clerk of the peace held an office in England and Wales whose responsibility was the records of the quarter sessions and the framing of presentments and indictments. They had legal training, so that they could advise justices of the peace. Histo ...
. This latter official was, until 1888, appointed by the ''custos rotulorum'', but following the passing of the
Local Government Act Local Government Act (with its variations) is a stock short title used for legislation in Australia, Malaysia, New Zealand, Ireland and the United Kingdom, relating to local government. The Bill for an Act with this short title may have been known ...
of that year, the appointment was made by the standing joint-committee of the county council. The post of clerk of the peace was abolished by the Courts Act 1971.
William Lambarde William Lambarde (18 October 1536 – 19 August 1601) was an English antiquarian, writer on legal subjects, and politician. He is particularly remembered as the author of ''A Perambulation of Kent'' (1576), the first English county history; ''E ...
(1536–1601) described the ''custos rotulorum'' as a man chosen for his wisdom, countenance or credit.


Ireland

The role of ''custos rotulorum'' was also adopted in the
Kingdom of Ireland The Kingdom of Ireland ( ga, label=Classical Irish, an Ríoghacht Éireann; ga, label=Modern Irish, an Ríocht Éireann, ) was a monarchy on the island of Ireland that was a client state of England and then of Great Britain. It existed from ...
, usually abbreviated as the post-nominal "CoRo". From 1831 the title passed to the pre-existing
Lord Lieutenant A lord-lieutenant ( ) is the British monarch's personal representative in each lieutenancy area of the United Kingdom. Historically, each lieutenant was responsible for organising the county's militia. In 1871, the lieutenant's responsibility ...
of every
county A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
as office-holder, and from then the
List of Lords Lieutenant of County Dublin This is a list of those who have held the post of Lord Lieutenant of County Dublin. There were lieutenants of counties in Ireland until the reign of James II, when they were renamed governors. The office of Lord Lieutenant was recreated on 23 ...
corresponded with the
Custos Rotulorum of Dublin This is a list of people who have served as Custos Rotulorum of County Dublin. ''Custos rotulorum'' (plural: ''custodes rotulorum''; Latin for "keeper of the rolls") is a civic post which is recognised in some English-speaking jurisdictions. The p ...
. ''Custodes rotulorum'' were abolished by the
Local Government (Ireland) Act 1898 The Local Government (Ireland) Act 1898 (61 & 62 Vict. c. 37) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that established a system of local government in Ireland similar to that already created for England, ...
. In 1922 the creation of the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
resulted in the abolition of the by then largely honorific posts, but Lord Lieutenancies are still retained in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
.


Jamaica


History

The Office of the Custos evolved in
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
from its colonial past. It can be traced back to fourteenth-century England when in 1391 King Richard II issued the Grand Commission appointing Custodes and
Justices of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
to assist in maintaining law and order in the counties. In Jamaica the first mention of the office appears in Legislative Council Minutes of 28 July 1668 in an ordinance dealing with the 'Orderly Proceedings of the Courts' within the island. The holder of the Office of Custos was described as the first citizen of the parish appointed by the Governor as his representative to assist in the maintenance of good order and discipline in the parish, and upholding the rule of law. The first Custos mentioned by name was
Henry Morgan Sir Henry Morgan ( cy, Harri Morgan; – 25 August 1688) was a privateer, plantation owner, and, later, Lieutenant Governor of Jamaica. From his base in Port Royal, Jamaica, he raided settlements and shipping on the Spanish Main, becoming wea ...
as the Custos of Port Royal during the Governorship of the
Earl of Carlisle Earl of Carlisle is a title that has been created three times in the Peerage of England. History The first creation came in 1322, when Andrew Harclay, 1st Baron Harclay, was made Earl of Carlisle. He had already been summoned to Parliame ...
in 1680. The Custos Rotulorum or Keeper of the Roll of the Justices of the Peace must be a
Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
and have dealt with such minor criminal charges as are within his jurisdiction. The duties and powers of the Custos at various times have included: * to preside at Petty Sessions Court and be the Chief
Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
for the parish. * to receive the Sovereign, any representative of the royal family, His Excellency The
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
as representing the sovereign when within the precincts of the parish. * to recommend to the Governor from time to time ‘gentlemen' for commission as Justices as the parish required. * to be an ex-officio member of the
Parochial Parochial is an adjective which may refer to: * Parishes, in religion ** Parish churches, also called parochial churches * Parochial schools, primary or secondary schools affiliated to a religious organisation * Parochialism Parochialism is the ...
Board. In this capacity he could exercise very beneficial influence. He was required to attend the meetings of the Board as often as possible. * to visit from time to time the hospitals, poorhouses and other institutions, including every prison in the parish, and to discover any abuse therein and report the same to the Governor. This was aimed at ensuring that the affairs of these institutions were conducted properly. * except in the parish of Kingston, to appoint one or more polling places at all elections and one or more persons to keep the poll at the elections of the
Vestrymen A councillor is an elected representative for a local government council in some countries. Canada Due to the control that the provinces have over their municipal governments, terms that councillors serve vary from province to province. Unl ...
(now Parish Councillors) and the Church Wardens (that is the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
or Anglican denomination). * to be the chairman of the Board of Highways and Bridges in the parish.


Appointment and duties

Ministry Paper Numbered 2, Appendix I, approved by Parliament on the 5th day of July 1959 and gazetted on the 5th day of February 1963 outlined that there shall be a Custos Rotulorum for every parish in Jamaica. The Custos shall be appointed by the
Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
acting on the advice of the Prime Minister and shall be a resident of the parish to which he is appointed, save in the case of the Corporate Area. That document also specified the functions and duties of the Custos as: * to hold office during the Governor-General's pleasure and in any event vacate his office on transferring his residence from the parish (or the Corporate Area in the case of Kingston and St. Andrew) or on attaining the age of seventy-five years, unless specially requested to continue in office, provided that the age limit shall not apply to Custodes who were appointed prior to 1958. * To be the representative of the Governor-General within the parish. It is his duty, in the absence of the Governor-General, to receive the Sovereign, any member of the royal family, the Prime Minister on an official visit, or any important personage commended by the Governor-General who arrives within the precincts of the parish. It is his duty to receive the Governor-General when he pays official visits to the parish. * To be the Chief Magistrate of the parish, and to prepare a roster of the Justices of the Peace within the parish so that there are sufficient JPs at each meeting of the Petty Sessions Court and in the various districts to carry out the work. * To be the chairman of the committee in each parish which is responsible for making recommendations to the Minister of Home Affairs in regard to suitable persons for appointment as Justices of the Peace. * on behalf of the Governor-General, to interest himself in the work of all voluntary organizations in the parish, and ensure that their activities receive suitable recognition on public occasions. * To meet the Judge of the Circuit Court at the Court House at the opening session. In addition to the above, Custodes in recent times have served as: * Chairman of the Governor-General's Achievement Awards Committee * Chairman of the Parish Advisory Committee on Local Government Reform * Chairman of the Community Consultative Committee for the parish * Co-Chairman, along with the Mayor, of the Labour Day Committee * Chairman of the Prime Minister's Values and Attitudes Committee for the parish * Chairman of the parish Disaster Preparedness Committee * President of the Lay Magistrates Association


Privileges

The Custos is entitled to the following: * to be referred to as "Honourable" both during his tenure of office and after retirement. * to affix a pair of official "C R" (Custos Rotulorum) plates to his motor vehicle. * to be conferred with a National Honour of no less a rank than that of
Order of Distinction The Order of Distinction is a national order in the Jamaican honours system. It is the sixth in order of precedence of the Orders of Societies of Honour, which were instituted by an Act of Parliament (''The National Honours and Awards Act'') i ...
(Commander Class) upon his appointment or soon thereafter.


See also

*
Lists of custodes rotulorum The Custos rotulorum, Latin for "keeper of the rolls" within civil government, is the keeper of the English , Welsh and Northern Irish (and, prior to 1922, southern Irish) county records. The Custos is also the principal Justice of the Peace ...
*
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
*The Custos Rotulorum Act 1545


References


Jamaica Custodes Order of Precedence
{{Custodes Rotulorum History of the United Kingdom Commanders of the Order of Distinction