The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the
Great Officers of State
Government in medieval monarchies generally comprised the king's companions, later becoming the Royal Household, from which the officers of state arose, initially having household and government duties. Later some of these officers became ...
in
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
and
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separa ...
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 No ...
, nominally outranking the
prime minister. The lord chancellor is appointed by the
sovereign on the advice of the prime minister. Prior to their
Union into the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...
, there were separate lord chancellors for the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On ...
(including
Wales
Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
) and the
Kingdom of Scotland; there were
lord chancellors of Ireland until 1922.
The lord chancellor is a member of the
Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the
House of Lords, the head of the
judiciary of England and Wales and the presiding judge of the
Chancery Division of the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Englan ...
. The
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law L ...
transferred these roles to the
Lord Speaker, the
Lord Chief Justice and the
Chancellor of the High Court respectively. The current lord chancellor, as of October 2022, is
Dominic Raab, who is also the
Secretary of State for Justice.
One of the lord chancellor's responsibilities is to act as the custodian of the
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...
, kept historically in the
Lord Chancellor's Purse. A
lord keeper of the Great Seal may be appointed instead of a lord chancellor. The two offices entail exactly the same duties; the only distinction is in the mode of appointment. Furthermore, the office of lord chancellor may be exercised by a committee of individuals known as Lords Commissioners of the Great Seal, usually when there is a delay between an outgoing chancellor and their replacement. The office is then said to be ''in commission''. Since the 19th century, however, only lord chancellors have been appointed, the other offices having fallen into disuse.
History
The office of lord chancellor may trace its origins to the
Carolingian monarchy, in which a chancellor acted as the keeper of the royal seal. In England, the office dates at least as far back as the
Norman Conquest (1066), and possibly earlier. Some give the first chancellor of England as
Angmendus, in 605. Other sources suggest that the first to appoint a chancellor was
Edward the Confessor
Edward the Confessor ; la, Eduardus Confessor , ; ( 1003 – 5 January 1066) was one of the last Anglo-Saxon English kings. Usually considered the last king of the House of Wessex, he ruled from 1042 to 1066.
Edward was the son of Æth ...
, who is said to have adopted the practice of sealing documents instead of personally signing them. A clerk of Edward's,
Regenbald, was named "chancellor" in some documents from Edward's reign.
In any event, the office has been continuously occupied since the Norman Conquest. The staff of the growing office became separate from the king's household under
Henry III and in the 14th century located in
Chancery Lane. The chancellor headed the
chancery (writing office).
Formerly, the lord chancellor was almost always a
member of the clergy, as during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
the clergy were amongst the few literate men of the realm. The lord chancellor performed multiple functions—he was the Keeper of the Great Seal, the chief royal chaplain, and adviser in both spiritual and temporal matters. Thus, the position emerged as one of the most important ones in government. He was only outranked in government by the
Justiciar
Justiciar is the English form of the medieval Latin term ''justiciarius'' or ''justitiarius'' ("man of justice", i.e. judge). During the Middle Ages in England, the Chief Justiciar (later known simply as the Justiciar) was roughly equivale ...
(now obsolete).
As one of the King's ministers, the lord chancellor attended the ''
curia regis'' (royal court). If a bishop, the lord chancellor received a
writ of summons; if an ecclesiastic of a lower degree or, if a layman, he attended without any summons. The ''curia regis'' would later evolve into
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
, the lord chancellor becoming the
prolocutor of its upper house, the House of Lords. As was confirmed by a
statute passed during the reign of
Henry VIII, a lord chancellor could preside over the House of Lords even if not a lord himself.
The lord chancellor's judicial duties also evolved through his role in the ''curia regis''. Petitions for justice were normally addressed to the king and the ''curia'', but in 1280,
Edward I
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vass ...
instructed his justices to examine and deal with petitions themselves as the
Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth realm, Commonwealth jurisdictions.
* Court of King's Bench (England), a historic co ...
. Important petitions were to be sent to the lord chancellor for his decision; the more significant of these were also to be brought to the king's attention. By the reign of
Edward III, this chancellery function developed into a separate tribunal for the lord chancellor. In this body, which became known as the
High Court of Chancery, the lord chancellor would determine cases according to fairness (or "
equity") instead of according to the strict principles of
common law. The lord chancellor also became known as the "
keeper of the king's conscience". Churchmen continued to dominate the chancellorship until the 16th century. In 1529, after
Cardinal
Cardinal or The Cardinal may refer to:
Animals
* Cardinal (bird) or Cardinalidae, a family of North and South American birds
**''Cardinalis'', genus of cardinal in the family Cardinalidae
**''Cardinalis cardinalis'', or northern cardinal, the ...
Thomas Wolsey
Thomas Wolsey ( – 29 November 1530) was an English statesman and Catholic bishop. 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 figur ...
, who was lord chancellor and
archbishop of York
The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers ...
, was dismissed for failing to procure the annulment of Henry VIII's marriage to
Catherine of Aragon
Catherine of Aragon (also spelt as Katherine, ; 16 December 1485 – 7 January 1536) was Queen of England as the first wife of King Henry VIII from their marriage on 11 June 1509 until their annulment on 23 May 1533. She was previously ...
, laymen tended to be more favoured for appointment to the office. Ecclesiastics made a brief return during the reign of
Mary I
Mary I (18 February 1516 – 17 November 1558), also known as Mary Tudor, and as "Bloody Mary" by her Protestant opponents, was Queen of England and Ireland from July 1553 and Queen of Spain from January 1556 until her death in 1558. ...
, but thereafter, almost all lord chancellors have been laymen.
Anthony Ashley Cooper, 1st Earl of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC FRS (22 July 1621 – 21 January 1683; known as Anthony Ashley Cooper from 1621 to 1630, as Sir Anthony Ashley Cooper, 2nd Baronet from 1630 to 1661, and as The Lord Ashley from 1661 to 1 ...
(1672–73) was the last lord chancellor who was not a lawyer, until the appointment of
Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (MP) for Epsom and Ewell since 2001 ...
in 2012.
The three subsequent holders of the position,
Michael Gove (2015–2016),
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped dow ...
(2016–2017) and David Lidington (2017–2018) are also not lawyers. However, the appointment of
David Gauke in January 2018 meant that once again the lord chancellor was a lawyer.
At the Union of England and Scotland, the
lord keeper of the Great Seal of England became the first lord high chancellor of Great Britain, but
Lord Seafield continued as
lord chancellor of Scotland
The Lord Chancellor of Scotland, formally the Lord High Chancellor, was a Great Officer of State in the Kingdom of Scotland.
Holders of the office are known from 1123 onwards, but its duties were occasionally performed by an official of lower st ...
until 1708; was re-appointed in 1713; and sat as an
extraordinary lord of session in that capacity until his death in 1730, since which time the office of lord chancellor of Scotland has been in abeyance.
The office
Formerly, when the office was held by ecclesiastics, a "Keeper of the Great Seal" acted in the lord chancellor's absence. Keepers were also appointed when the office of lord chancellor fell vacant, and discharged the duties of the office until an appropriate replacement could be found. When
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
El ...
became queen, Parliament passed an
Act providing that a
lord keeper of the Great Seal would be entitled to "like place, pre-eminence, jurisdiction, execution of laws, and all other customs, commodities, and advantages" as a lord chancellor. The only difference between the two offices is the mode of appointment—a lord chancellor is appointed by formal
letters patent, but a Lord Keeper is appointed by the delivery of the Great Seal into their custody.
Formerly, it was customary to appoint commoners to the office of Lord Keeper, and peers to the office of lord chancellor. A Lord Keeper who acquired a peerage dignity would subsequently be appointed lord chancellor. The last Lord Keeper was
Robert Henley, who was created a Baron in 1760 and was appointed lord chancellor in 1761. Since then, commoners as well as peers have been appointed to the post of lord chancellor; however, until the 21st-century changes to the office, a commoner would normally have been created a peer shortly after appointment.
It is also possible to put the office of lord chancellor into commission (that is to say, to entrust the office to a group of individuals rather than a single person). The individuals who exercise the office became known as ''Lords Commissioners of the Great Seal''. Lords commissioners of the Great Seal have not been appointed since 1850.
Formerly, there were separate chancellors of England, Scotland and Ireland. When the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On ...
and the
Kingdom of Scotland united to form the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...
under the
Act of Union 1707 the offices of the chancellor of England and the lord chancellor of Scotland were combined to form a single office of lord chancellor for the new state. Similar provision was not made when Great Britain and Ireland merged into the United Kingdom under the
Act of Union 1800
The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Irel ...
. Thus, the separate office of
lord chancellor of Ireland
The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
continued to exist until the formation 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 ...
in 1922. The office of lord chancellor of Ireland was abolished, and its duties transferred to the
governor of Northern Ireland, and later the
secretary of state for Northern Ireland
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
. Thus, the lord chancellor remains "Lord High Chancellor of Great Britain" and not "Lord High Chancellor of the United Kingdom".
Functions
Executive functions
The lord chancellor is a member of the
Privy Council and of the
Cabinet. The ministerial department the lord chancellor heads was known as the Lord Chancellor's Office between 1885 and 1971, and the
Lord Chancellor's Department between 1971 and 2003. In 2003 the department was renamed the
Department for Constitutional Affairs, and the lord chancellor was appointed
Secretary of State for Constitutional Affairs. In 2007 this post was renamed
Secretary of State for Justice, and the department became the
Ministry of Justice.
By law, the lord chancellor is responsible for the administration of the courts, prison system, legal aid, and probation services in England and Wales. Furthermore, the lord chancellor has a role in appointing many judges in the
courts of England and Wales. Senior judges – i.e.
Justices of the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unit ...
,
Lords Justices of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justic ...
and the
heads of the divisions of the High Court – are officially appointed by the sovereign on the advice of the lord chancellor, but since 2005 the lord chancellor has been consulted by an independent
Judicial Appointments Commission and can only choose whether to accept or reject its recommendations. Similarly the lord chancellor no longer determines which
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law a ...
s are to be raised to the rank of
King's Counsel but merely supervises the process of selection by an independent panel. In addition, the lord chancellor officiates a ceremony in
Westminster Abbey at the beginning of the
legal year in front of all the judges. The ceremony is followed by a reception known as the lord chancellor's breakfast which is held in
Westminster Hall.
Separately, custody of the
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...
is entrusted to the lord chancellor. Documents to which the Great Seal is affixed include
letters patent,
writs of summons and election and
royal proclamations, among many other instruments. The actual sealing of documents is performed by order of the lord chancellor under the supervision of the
Clerk of the Crown in Chancery, who holds the separate office of
Permanent Secretary to the Lord Chancellor's Office. The lord chancellor is not keeper of the
Great Seal of Scotland, the
Great Seal of Northern Ireland, or the
Welsh Seal; rather the
First Minister of Scotland, the
Secretary of State for Northern Ireland
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
, and the
First Minister of Wales are the lawful custodians.
Legislative functions
Whenever the sovereign appoints
lords commissioners to perform certain actions on his or her behalf (for example, to formally declare in Parliament that the
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
has been granted, or to prorogue or dissolve Parliament), the lord chancellor usually serves as the principal or senior lord commissioner. The other lords commissioners, by convention, are members of the House of Lords who are
privy counsellors (generally the leaders of the three main parties and the convenor of the crossbenches). In this role the lord chancellor wears parliamentary robes—a full-length scarlet wool gown decorated with
miniver fur. The lord chancellor wears a
tricorne
The tricorne or tricorn is a style of hat that was popular during the 18th century, falling out of style by 1800, though actually not called a "tricorne" until the mid-19th century. During the 18th century, hats of this general style were refer ...
hat, but the other lords commissioners wear
bicorne hats. During the period that
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
, an MP, was lord chancellor, he was officially named as one of the lords commissioners, but did not take part in the formal ceremonies of granting royal assent and proroguing Parliament. The Lord Speaker has been appointed a lord commissioner and does take part in the ceremonies. The role of principal lord commissioner during this period has been taken by the
leader of the House of Lords
The leader of the House of Lords is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Lords. The post is also the leader of the majority party in the House of Lords who acts a ...
. There is an exception: when John Bercow was presented for royal approbation for the office of speaker of the House of Commons in 2009, and again when Bercow's successor Sir Lindsay Hoyle was presented for approbation in 2019, the lord chancellor (Straw and Buckland, respectively) were the principal lord commissioner, and the lord speaker was not in the commission. This precedent has continued since then. It is unclear how these arrangements would change if a future lord chancellor were appointed from the House of Lords.
Ecclesiastical functions
Lord chancellors perform various functions relating to the established
Church of England
The Church of England (C of E) is the State religion, established List of Christian denominations, Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church record ...
. They appoint clergy in such of the ecclesiastical livings under the patronage of the Crown as are officially listed as being worth less than £20 ''per annum''. Furthermore, they exercise the same prerogative in regard to the less valuable livings in the
Duchy of Cornwall when there is no duke of Cornwall, or when the duke of Cornwall is a minor. (The heir-apparent to the Crown, if he is the sovereign's eldest son, is automatically duke of Cornwall.) Finally, the lord chancellor is in some cases the patron of an ecclesiastical living in his own right. In total, the lord chancellor appoints clergymen in over four hundred parishes and twelve cathedral
canonries.
By law, the lord chancellor must be consulted before appointments may be made to certain
ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than ...
s. Judges of
Consistory Courts, the
Arches Court of Canterbury, the
Chancery Court of York and the
Court of Ecclesiastical Causes Reserved are appointed only after consultation with the lord chancellor.
The lord chancellor is, ''ex officio'', one of the thirty-three
Church Commissioners
The Church Commissioners is a body which administers the property assets of the Church of England. It was established in 1948 and combined the assets of Queen Anne's Bounty, a fund dating from 1704 for the relief of poor clergy, and of the Ec ...
, who manage the assets of the Church of England.
Formerly, Roman Catholics were thought to be ineligible for the office of lord chancellor, as the office entailed functions relating to the Church of England. Most legal restrictions on Roman Catholics were lifted by the
Catholic Relief Act 1829, which, however, provides: "nothing herein contained shall
..enable any Person, otherwise than as he is now by Law enabled, to hold or enjoy the Office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal". The words "as he is now by Law enabled", however, caused considerable doubt, as it was unclear if Roman Catholics were disqualified from holding the office in the first place. For the removal of all doubt, Parliament passed the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974, declaring that there was never any impediment to the appointment of a Roman Catholic. The Act nevertheless provides that, if a Roman Catholic were to be appointed to the office, then the sovereign may temporarily transfer the lord chancellor's ecclesiastical functions to the prime minister or another minister.
Other functions
Under the
Regency Act 1937, the lord chancellor is one of the five persons who participate in determining the capacity of the sovereign to discharge his or her functions—the other individuals so empowered are the sovereign's spouse, the speaker of the House of Commons, the
Lord Chief Justice of England and Wales
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or a ...
and the
master of the rolls. If any three or more of these individuals, based on evidence that, as required by statute, shall include evidence provided by physicians, determine and declare by an instrument in writing, lodged with the Privy Council, that the sovereign suffers from a mental or physical infirmity that prevents him or her from personally discharging the duties of head of state, the royal functions are transferred to a
regent, who discharges them in the name and on behalf of the monarch.
The lord chancellor is also the
Keeper of the King's Conscience. As such, the lord chancellor was once also the chief judge of the
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of e ...
in London, dispensing equity to soften the harshness of the law.
The lord chancellor acts as the
visitor of many universities, colleges, schools, hospitals and other charitable organisations throughout the United Kingdom. When the rules of the organisation do not designate a visitor or, when a vacancy in the office arises, the sovereign serves as visitor, but delegates the functions to the lord chancellor. Furthermore, some organisations explicitly provide that the lord chancellor is to act as visitor; these bodies include
St. George's Chapel, Windsor, the
Royal Institution,
Newcastle University and three colleges of the
University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
(namely
St. Antony's College,
Worcester College, and
University College
In a number of countries, a university college is a college institution that provides tertiary education but does not have full or independent university status. A university college is often part of a larger university. The precise usage vari ...
).
The power to appoint members of certain organisations is vested in the lord chancellor. These organisations include the governing bodies of
Harrow School,
Rugby School
Rugby School is a public school (English independent boarding school for pupils aged 13–18) in Rugby, Warwickshire, England.
Founded in 1567 as a free grammar school for local boys, it is one of the oldest independent schools in Britain. ...
and
Charterhouse School
(God having given, I gave)
, established =
, closed =
, type = Public school Independent day and boarding school
, religion = Church of England
, president ...
.
The Lord Chancellor is responsible for making a speech and raising the toast to the Lord Mayor at the Lord Mayor’s dinner in July each year.
Former functions
Head of the judiciary
The lord chancellor performed several different roles as head of the English and Welsh judiciary. He sat as a judge in the
Appellate Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment ...
(the highest domestic Court in the United Kingdom), and was a member of the
Judicial Committee of the Privy Council (the senior tribunal of the British Empire (except for the United Kingdom) and, latterly, parts of the Commonwealth). He was the president of the
Supreme Court of England and Wales, and therefore supervised the Court of Appeal of England and Wales, the High Court of Justice of England and Wales and the
Crown Court of England and Wales. He was also, ''
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by righ ...
'', a judge in the Court of Appeal and the president of the Chancery Division. In modern times, these judicial functions were exercised very sparingly. The functions in relation to the House of Lords and the Judicial Committee of the Privy Council were usually delegated to the senior lord of appeal in ordinary. The task of presiding over the Chancery Division was delegated to the vice-chancellor, a senior judge (now known as the
chancellor of the High Court). Most lord chancellors by the end of the twentieth century gave judgments only in cases reaching the House of Lords. The last lord chancellor to preside as a judge was
Lord Irvine of Lairg
Alexander Andrew Mackay Irvine, Baron Irvine of Lairg, (born 23 June 1940), known as Derry Irvine, is a Scottish lawyer, judge and political figure who served as Lord Chancellor under his former pupil barrister, Tony Blair.
Education
Irvi ...
(in office 1997–2003), who did so as a member of the
Appellate Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment ...
. However, concerns were already being expressed, including by the judiciary, at the propriety of a cabinet minister sitting as a professional judge, and his successor,
Lord Falconer, never performed such a role, even before his right to do so was abolished.
When peers
had the right to be tried for felonies or for high treason by other peers in the House of Lords (instead of commoners on
juries), the
lord high steward, instead of the lord chancellor, would preside. This also occurred in
impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
I ...
trials. The office of lord high steward has generally remained vacant since 1421. Whenever a peer was to be tried in the House of Lords, a lord high steward would be appointed ''pro hac vice''
or this occasion In many cases, the lord chancellor would merely be elevated to the office of lord high steward temporarily. Trials of peers in the House of Lords were abolished in 1948, and impeachment is considered obsolete, so this is unlikely to occur again.
The judicial functions of the lord chancellor (as opposed to his role in the administration of the court system) were removed by the Constitutional Reform Act 2005.
Presiding officer in House of Lords
The lord chancellor used to be the presiding officer of the House of Lords by
right of prescription. The
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law L ...
removed this function, leaving the choice of a presiding officer to the House of Lords itself. Ultimately, the Lords chose to elect a
lord speaker, which title was already used in the Standing Orders.
Precedence and privileges
The lord high chancellor outranks all other
great officers of state
Government in medieval monarchies generally comprised the king's companions, later becoming the Royal Household, from which the officers of state arose, initially having household and government duties. Later some of these officers became ...
with the exception of the
lord high steward, which has generally been vacant since the 15th century. Under modern conventions, the office of lord high steward is only filled on the day of a new monarch's coronation; thus, at all other times, the lord chancellor remains the highest ranking great officer. The importance of the office is reflected by the
Treason Act 1351
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it ha ...
, which makes it
high treason to slay the lord chancellor. A
lord high treasurer
The post of Lord High Treasurer or Lord Treasurer was an English government position and has been a British government position since the Acts of Union of 1707. A holder of the post would be the third-highest-ranked Great Officer of State in ...
would be entitled to the same protection—but the office is now held in commission—as would a judge whilst actually in court, determining a case.
The lord chancellor's position in the modern
order of precedence is an extremely high one; generally being outranked only by the
royal family and high ecclesiastics. In England, the lord chancellor precedes all non-royal individuals except the
archbishop of Canterbury
The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is J ...
. In Scotland, they precede all non-royal individuals except the
lord high commissioner to the General Assembly of the
Church of Scotland. Although lord chancellor "of Great Britain", they maintain a position in the order of precedence in Northern Ireland; there, they outrank all non-royal individuals with the exception of the Anglican and Roman Catholic
archbishops of Armagh, the Anglican and Roman Catholic
archbishops of Dublin and the
moderator of the Presbyterian Church in Ireland. Throughout the United Kingdom, the lord chancellor technically outranks the prime minister, although the latter generally possesses more power. The precedence of a lord keeper of the Great Seal is equivalent to that of a lord chancellor. The precedence of lords commissioners of the Great Seal is much lower (see
United Kingdom order of precedence
The order of precedence in the United Kingdom is the sequential hierarchy for Peers of the Realm, officers of state, senior members of the clergy, holders of the various Orders of Chivalry and other persons in the three legal jurisdictions withi ...
).
The lord chancellor is entitled to an annual emolument of £227,736 and to an annual pension of £106,868. The lord chancellor's salary is higher than that of any other public official, including even the prime minister, although sometimes the officeholder may voluntarily decide to receive a reduced salary (recent holders have taken the salary of a secretary of state).
Official dress

The lord chancellor, on formal state occasions such as the
State Opening of Parliament, wears legal court dress consisting of a black silk velvet cutaway tailcoat with cloth covered buttons, waistcoat and breeches worn with white shirt, lace stock and cuffs, black silk stockings and cut-steel buckled patent court shoes. Over this is worn a black silk damask robe of state with a long train trimmed with gold lace and frogging, with a black silk 'wig bag' attached to the flap collar at the back. A full-bottomed wig is worn and, in the past, a black tricorne hat.
When the lord chancellor sat in the Lords, they wore an undress version of court dress, consisting of the court dress but made of black superfine cloth rather than silk velvet, and over that a black silk robe with a train with the wig bag attached. The wig and tricorne was also worn.
Now that the lord chancellor is appointed from the Commons rather than the Lords, they wear a normal business suit and only wear full ceremonial dress for state occasions. There is an unofficial precedent that lord chancellors that do not have a legal background do not get to wear a wig.
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
(a qualified barrister) initially did not wear one but did so afterwards, as did his immediate successor,
Kenneth Clarke
Kenneth Harry Clarke, Baron Clarke of Nottingham, (born 2 July 1940), often known as Ken Clarke, is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997 as well as serving as de ...
(a barrister and
Queen's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
);
Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (MP) for Epsom and Ewell since 2001 ...
,
Michael Gove, and
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped dow ...
(none of whom have legal backgrounds) have not done so.
Robert Buckland QC MP, continued the tradition of wearing the full
court dress along with the full bottomed wig, as he is a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law a ...
. In 2019 at the
Approbation of the new speaker of the Commons, Sir
Lindsay Hoyle, he wore full
court dress along with the full bottomed wig and a
tricorne
The tricorne or tricorn is a style of hat that was popular during the 18th century, falling out of style by 1800, though actually not called a "tricorne" until the mid-19th century. During the 18th century, hats of this general style were refer ...
.
Insignia

The historic insignia of the lord chancellor is a purse containing the
Great Seal and a
mace.
The Elizabethan play
Sir Thomas More
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, and noted Renaissance humanist. He also served Henry VIII as Lord ...
opens Scene II as follows: ''"Chelsea. A Room in More's House. A table being covered with a green carpet, a state cushion on it, and the Purse and Mace lying thereon, enter Sir
Thomas More"''.
Reform

In the early 21st century, the
Labour government viewed it as untenable that all three political functions (executive, legislative and judicial) should be continued in the historical office of Lord Chancellor. In the Government's view, this infringed
Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the princip ...
's principle of
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
which declared that no person should have access to all of the three political functions. The lord chancellor could exercise all three powers, and some, such as
Quintin, Lord Hailsham, often did so. The Labour Government also took the view that these powers were inconsistent with the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
.
However, proposals by the
Blair government simply to abolish the office met with opposition from those who felt that such an official was necessary to speak on the
judiciary's behalf in
Cabinet, as well as from many who opposed the sudden abolition of such an ancient office. In 2003,
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
chose his close friend and former
flatmate Lord Falconer to be ''Lord Chancellor and
Secretary of State for Constitutional Affairs''. At the same time, he announced his intention to abolish the office of lord chancellor and to make many other constitutional reforms. After much surprise and confusion, it became clear that the ancient office of lord chancellor could not be abolished without an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliamen ...
. Thus Lord Falconer duly appeared the following day in the
House of Lords to carry out his duties from the
Woolsack
The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. Before 2006, it was the seat of the Lord Chancellor.
History
In the 14th century King Edward III (1327–1377) sai ...
. The
Lord Chancellor's Department was, however, renamed the
Department for Constitutional Affairs.
In January 2004, the Department of Constitutional Affairs published a
concordat, outlining the division of authority between lord chancellor and
lord chief justice and which was intended as the basis of reform. The Government introduced the
Constitutional Reform Bill in the House of Lords in February 2004. The bill sought to abolish the office of lord chancellor, and to transfer its functions to other officials: legislative functions to a speaker of the House of Lords, executive functions to the secretary of state for constitutional affairs and judicial functions to the lord chief justice. The bill also made other constitutional reforms, such as transferring the judicial duties of the House of Lords to a
supreme court. However, unlike the responsibilities of other secretaries of state, which can be transferred from one department to another by an order-in-council, several functions of the lord chancellor are linked to the office of lord chancellor as a matter of
statute law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state l ...
. Those "protected functions" of the lord chancellor can only be transferred to other ministers by Act of Parliament.
As a consequence, it became clear that it was extremely difficult to simply "abolish" the office of lord chancellor.
In March 2004, however, the Lords upset the Government's plans by sending the bill to a
Select committee. Although initially seen as a move to kill the bill, the Government and HM Opposition agreed to permit the bill to proceed through the parliamentary process, subject to any amendments made by the committee. On 13 July 2004, the House amended the Constitutional Reform Bill such that the title of lord chancellor would be retained, although the Government's other proposed reforms were left intact. Then, in November 2004, the Government introduced an amendment in the
Lords
Lords may refer to:
* The plural of Lord
Places
*Lords Creek, a stream in New Hanover County, North Carolina
*Lord's, English Cricket Ground and home of Marylebone Cricket Club and Middlesex County Cricket Club
People
*Traci Lords (born 19 ...
which wholly removed references to the secretary of state for constitutional affairs, changing them to ones about the lord chancellor, with the positions of
secretary of state and lord chancellor envisaged as being held by the same person. The final
Constitutional Reform Act received royal assent on 24 March 2005 and the major transfers of the historical functions of the lord chancellor to others (such as the
lord chief justice and
lord speaker) were complete by mid-2006. However the lord chancellor and secretary of state for constitutional affairs remained a member of the
Prime Minister's Cabinet, retaining most of the office's original statutory functions.
In May 2007, the
Department of Constitutional Affairs was abolished and its functions were transferred to a newly created
Ministry of Justice which also took charge of certain responsibilities transferred from the Home Office. Lord Falconer retained the
title,
salary
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis.
...
and
office
An office is a space where an organization's employees perform administrative work in order to support and realize objects and goals of the organization. The word "office" may also denote a position within an organization with specific ...
of lord chancellor, as well as being created the inaugural
Secretary of State for Justice.
Prior to Tony Blair's premiership, were a person not a
peer to be appointed to the
office
An office is a space where an organization's employees perform administrative work in order to support and realize objects and goals of the organization. The word "office" may also denote a position within an organization with specific ...
of lord chancellor, he would be raised to the
peerage upon appointment, though provision was made in 1539 for non-peers who are great officers of state to sit in between the benches in the
House. With enactment of the Constitutional Reform Act 2005 and the subsequent separation of the roles of lord chancellor and speaker of the House of Lords, it is no longer necessary for the lord chancellor to be a peer or to have a legal background. In June 2007,
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
MP was appointed lord chancellor and secretary of state for justice, thus becoming the first lord chancellor to be a member of the Commons, rather than the House of Lords or its predecessor, the
Curia Regis, since
Christopher Hatton in 1587.
Both Straw and his immediate successor,
Ken Clarke, were barristers. In 2012
Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (MP) for Epsom and Ewell since 2001 ...
became the first justice secretary without a legal background, in which he was followed by his three immediate successors. One of these,
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped dow ...
in 2016, became the first woman to serve as lord chancellor.
Fictional depictions
A fictional depiction of a lord chancellor occurs in ''
Iolanthe'', the frequently-revived
comic opera by
W. S. Gilbert and
Arthur Sullivan.
The lord chancellor is the central character in the work but is identified only by his title.
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
, late
Chief Justice of the United States, was inspired to add four golden stripes to the sleeves of his judicial robes after seeing the costume of the lord chancellor in a production of ''
Iolanthe''. The current chief justice,
John Roberts, has not continued the practice.
A fictional lord chancellor also appears in
Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian e ...
' novel ''
Bleak House'' (also identified only by title), presiding over the interminable chancery case of ''
Jarndyce and Jarndyce
''Jarndyce and Jarndyce'' (or ''Jarndyce v Jarndyce'') is a fictional probate case in ''Bleak House'' (1852–53) by Charles Dickens, progressing in the English Court of Chancery. The case is a central plot device in the novel and has become a ...
''.
Anthony Trollope's
Palliser novels feature a number of references to fictitious lord chancellors. The Liberal Lord Weazeling holds the office in the Liberal governments of Mildmay and Gresham in ''
Phineas Finn'' and ''
Phineas Redux
''Phineas Redux'' is a novel by Anthony Trollope, first published in 1873 as a serial in ''The Graphic''. It is the fourth of the " Palliser" series of novels and the sequel to the second book of the series, '' Phineas Finn''.
Synopsis
His be ...
''; the Conservative Lord Ramsden holds the position in the Duke of Omnium's coalition government in ''
The Prime Minister''. In Gresham's final government at the end of ''The Prime Minister'', the former Liberal Attorney General, Sir Gregory Grogram, is finally given the position, which he had desired for some time.
''
King Hilary and the Beggarman'', a children's poem by
A. A. Milne, relates the story of a fictional lord high chancellor, "Proud Lord Willoughby", who is dismissed for refusing to obey his king.
In
David Gurr's thriller ''A Woman Called Scylla'', set in 1977, the main villain is an utterly ruthless and unscrupulous lord chancellor, who grossly abuses his many functions and powers in order to cover up his treason during the Second World War and as a stepping stone towards becoming prime minister. As the writer clearly states, this was not intended to refer to the actual holder of the office at the time of writing or at any other time.
The Lord Chancellor is portrayed by Preston Lockwood in “Rumpole and the Tap End” episode of the Rumpole of the Bailey TV series. He is shown making himself a necklace/chain of office from coloured paper clips, whilst reprimanding Judge Featherstone.
List of Lord Chancellors
See also
*Alienation Office
*List of Lord Chancellors and Lord Keepers
*List of Lord Chancellors of Scotland
*List of peerages created for Lord Chancellors and Lord Keepers
*Lord Privy Seal, Lord Keeper of the Privy Seal
References
Bibliography
* Steven Watson (author), Watson, Steven. "Figures on a Woolsack" ''History Today'' (Feb 1955) 5#2 pp 75–83.
** Watson, Steven. "Figures on a Woolsack part 2" ''History Today'' (Apr 1955) 55#4 pp 228–235
*
*
*
*[https://publications.parliament.uk/pa/ld200304/ldbills/030/2004030.htm House of Lords. (2003–2004). Bill 30 (Constitutional Reform Bill).]
*
{{British Monarchy Household
Lord Chancellors, *
1707 establishments in Great Britain
Constitution of the United Kingdom
Government of the United Kingdom
House of Lords
Judiciary of England and Wales
Ministerial offices in the United Kingdom