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— CH. 1 · ORIGINS AND EVOLUTION —

Lord Chancellor

~7 min read · Ch. 1 of 6
6 sections
  • The office of lord chancellor traces its roots to the Carolingian monarchy, where a chancellor served as keeper of the royal seal. In England, the role dates back at least to the Norman Conquest in 1066, with some sources citing Angmendus as the first chancellor in 605. Edward the Confessor adopted the practice of sealing documents rather than signing them personally, and his clerk Regenbald was named "chancellor" in surviving records from that era. The staff of this growing office separated from the king's household under Henry III and eventually settled in Chancery Lane during the 14th century. For centuries, the position remained almost exclusively held by clergy members, who were among the few literate men capable of managing such complex administrative duties. Churchmen dominated the chancellorship until the 16th century, performing multiple functions including serving as Keeper of the Great Seal, chief royal chaplain, and adviser on both spiritual and temporal matters. Cardinal Thomas Wolsey, Archbishop of York, exemplified this ecclesiastical dominance before being dismissed in 1529 for failing to secure Henry VIII's annulment from Catherine of Aragon. After Wolsey's fall, laymen gradually gained favor for appointment to the office, though ecclesiastics made brief returns during Mary I's reign. Anthony Ashley Cooper, 1st Earl of Shaftesbury (serving 1672, 73), became the last lord chancellor without legal training until Chris Grayling's appointment in 2012.

  • The Constitutional Reform Act 2005 fundamentally reshaped the lord chancellor's role by separating judicial, legislative, and executive functions that had been combined for nearly a thousand years. Before this legislation, the lord chancellor simultaneously served as presiding officer of the House of Lords, head of the judiciary for England and Wales, and presiding judge of the Chancery Division of the High Court of Justice. The act transferred these distinct responsibilities to new offices: the lord speaker inherited parliamentary leadership duties, the lord chief justice assumed judicial oversight, and the chancellor of the High Court took charge of the Chancery Division. Tony Blair appointed Lord Falconer as both Lord Chancellor and Secretary of State for Constitutional Affairs in 2003, announcing intentions to abolish the ancient office entirely. However, Parliament rejected complete abolition, instead retaining the title while redistributing its historical powers through the Constitutional Reform Bill passed on the 24th of March 2005. Major transfers of functions were completed by mid-2006, though the lord chancellor remained within the Prime Minister's Cabinet with most original statutory functions intact. Jack Straw MP became the first commoner appointed since Christopher Hatton in 1587 when he received the position in June 2007, breaking centuries of tradition requiring holders to be peers.

  • The lord chancellor serves as minister of justice for England and Wales, leading the Ministry of Justice and acting as the judiciary's voice within Cabinet. By law, they are responsible for court administration, legal aid, public guardianship matters, and mental incapacity cases throughout England and Wales. The office appoints the Official Solicitor and Public Trustee while supervising the Judicial Appointment and Conduct Ombudsman. Since 2005, senior judges including Justices of the Supreme Court of the United Kingdom and Lords Justices of Appeal are appointed by the sovereign following consultation with an independent Judicial Appointments Commission. The lord chancellor may prescribe nomination scopes and accept or reject recommendations from this commission, though their discretion remains limited by constitutional reform legislation. Local justices of peace appointments require consultation with Advisory Committees on Justices of the Peace before final selection. The lord chancellor also administers prison systems and probation services across England and Wales through their capacity as secretary of state for justice. Executive responsibilities include officiating ceremonies at Westminster Abbey marking the beginning of each legal year, followed by receptions known as the lord chancellor's breakfast held in Westminster Hall. Custody of the Great Seal of the Realm remains entrusted to the lord chancellor, confirmed by both the Great Seal Act 1884 and Constitutional Reform Act 2005 after nearly a thousand years of continuous responsibility.

  • The lord chancellor facilitates primary legislation enactment when bills passed by Parliament receive royal assent becoming Acts of Parliament. They submit lists of ready bills to the sovereign prepared by the Clerk of the Parliaments and transmitted through the Clerk of the Crown in Chancery. When monarchs appoint lords commissioners to perform actions like declaring royal assent or proroguing Parliament, the lord chancellor typically serves as principal commissioner wearing parliamentary robes, a full-length scarlet wool gown decorated with miniver fur alongside a tricorne hat distinguishing them from other commissioners who wear bicorne hats. Jack Straw MP exemplified modern adaptations when he served as one of these commissioners but did not participate in formal ceremonies during his tenure. The role involves various ecclesiastical functions relating to the Church of England, including mandatory consultation before appointments to ecclesiastical courts. Judges of Consistory Courts, Arches Court of Canterbury, Chancery Court of York, and Court of Ecclesiastical Causes Reserved require lord chancellor approval before appointment. As ex officio member of thirty-three Church Commissioners managing Church of England assets, the lord chancellor appoints clergy in parishes worth less than £20 annually under Crown patronage. These duties extend to the Duchy of Cornwall when no duke exists or when the heir-apparent is minor. In total, the officeholder appoints clergymen across over four hundred parishes and ten cathedral canonries throughout the United Kingdom.

  • Formal state occasions demand specific ceremonial attire for the lord chancellor, beginning with black silk velvet cutaway tailcoats featuring cloth-covered buttons paired with waistcoats and breeches worn over white shirts, lace stocks, cuffs, stockings, and patent court shoes with cut-steel buckles. A black silk damask robe of state with long train trimmed by gold lace and frogging completes the ensemble, accompanied by a black silk wig bag attached to the flap collar at the back. Full-bottomed wigs remain standard while tricorne hats were historically carried but now appear only on rare occasions like appearances as Lords Commissioners. When sitting in the House of Lords, officials wore undress versions made from black superfine cloth rather than silk velvet, maintaining the same structural elements including trains and wig bags. Modern appointments from the Commons have shifted practice toward business suits except during state events where full ceremonial dress remains mandatory. An unofficial precedent emerged regarding legal background: Chris Grayling, Michael Gove, Liz Truss, David Lidington, David Gauke, and Dominic Raab all declined wearing wigs despite their positions, whereas Robert Buckland, Brandon Lewis, Alex Chalk, Shabana Mahmood, and David Lammy adopted customary wigs when appearing in full ceremonial dress. In 2019, Robert Buckland demonstrated continued adherence to tradition when serving as one of the Lords Commissioners at Sir Lindsay Hoyle's approbation, donning full court dress, robe of state, bottomed wig, and tricorne hat.

  • Jack Straw MP became the first commoner appointed since Christopher Hatton in 1587 when he received the lord chancellor position in June 2007, breaking centuries requiring holders to be peers. His immediate successor Ken Clarke was also a barrister, establishing a pattern that would eventually shift dramatically with Chris Grayling's appointment in 2012 as the first justice secretary without any legal background. Three subsequent holders, Michael Gove (2015, 2016), Liz Truss (2016, 2017), and David Lidington (2017, 2018), followed this non-lawyer precedent before David Gauke's January 2018 appointment restored lawyer status temporarily. Liz Truss achieved another milestone as the first woman to serve as lord chancellor of the United Kingdom, though Queen Eleanor of Provence held equivalent authority as keeper of the great seal during 1253, 54. The post later saw its first solicitors appointed through David Gauke and Dominic Raab, marking yet another departure from traditional expectations. Annual emoluments reach £227,736 with pensions totaling £106,868, making the salary higher than any other public official including the prime minister, though recent officeholders sometimes voluntarily accept reduced compensation matching secretary of state levels. These financial arrangements reflect the office's continued importance despite constitutional reforms redistributing many historical functions to new positions.

Common questions

When did the office of lord chancellor originate in England?

The office of lord chancellor dates back at least to the Norman Conquest in 1066, with some sources citing Angmendus as the first chancellor in 605. Edward the Confessor adopted the practice of sealing documents rather than signing them personally, and his clerk Regenbald was named chancellor in surviving records from that era.

What changes did the Constitutional Reform Act 2005 make to the lord chancellor role?

The Constitutional Reform Act 2005 fundamentally reshaped the lord chancellor's role by separating judicial, legislative, and executive functions that had been combined for nearly a thousand years. Parliament passed the Constitutional Reform Bill on the 24th of March 2005, transferring distinct responsibilities to new offices like the lord speaker and the lord chief justice while completing major transfers of functions by mid-2006.

Who became the first commoner appointed as lord chancellor since Christopher Hatton?

Jack Straw MP became the first commoner appointed since Christopher Hatton in 1587 when he received the position in June 2007. This appointment broke centuries of tradition requiring holders to be peers and established a pattern where subsequent holders included barristers and eventually non-lawyers.

How much does the lord chancellor earn annually compared to other public officials?

Annual emoluments reach £227,736 with pensions totaling £106,868, making the salary higher than any other public official including the prime minister. Recent officeholders sometimes voluntarily accept reduced compensation matching secretary of state levels despite these statutory figures.

What ceremonial attire is required for formal state occasions involving the lord chancellor?

Formal state occasions demand specific ceremonial attire beginning with black silk velvet cutaway tailcoats featuring cloth-covered buttons paired with waistcoats and breeches worn over white shirts, lace stocks, cuffs, stockings, and patent court shoes with cut-steel buckles. A black silk damask robe of state with long train trimmed by gold lace and frogging completes the ensemble, accompanied by a black silk wig bag attached to the flap collar at the back.