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Clerk of the Crown in Chancery

From Wikipedia, the free encyclopedia

Senior British civil servant

The Clerk of the Crown in Chancery in Great Britain is a senior civil servant who is the head of the Crown Office.

The Crown Office, a section of the Ministry of Justice, has custody of the Great Seal of the Realm, and has certain administrative functions in connection with the courts and the judicial process, as well as functions relating to the electoral process for House of Commons elections, to the keeping of the Roll of the Peerage, and to the preparation of royal documents such as warrants required to pass under the royal sign-manual, fiats, letters patent, etc.

Antonia Romeo (right) taking oath as Clerk of the Crown in Chancery.

The position evolved from the mediaeval office of the Chancery. The first individual known to be designated as Clerk of the Crown in Chancery was Benedict Normanton in 1331. After 1384, it became common for two persons to hold the clerkship in two separate offices, and in some cases two persons held one of the offices in survivorship.[1]

From 1885 onwards, the office of Clerk of the Crown in Chancery has always been held by the Permanent Secretary to the Lord Chancellor's Department (now the Ministry of Justice). The Clerk of the Crown is formally appointed by the monarch under the royal sign-manual;[2] they must take an oath before assuming the office, which is now administered by the Lord Chancellor.

Since 1885, the office of Clerk of the Crown in Chancery has been combined with that of Permanent Secretary to the Lord Chancellor's Department (now the Ministry of Justice). The Clerk of the Crown in Chancery is appointed by the Monarch under the royal sign-manual.[2]

All formal royal documents (such as warrants to be signed by the monarch; letters patent, both those that are signed by the King himself and those that are approved by warrant; and royal charters) are prepared by the Crown Office.[citation needed]

The Crown Office is also responsible for sealing with the Great Seal of the Realm all documents that need to pass under that seal, once the authority for the use of the seal is signified by the Sovereign (authorisation to use the Seal is granted either by the monarch signing a warrant that approves the draft text of letters patent, directs that they be prepared and authorises them to be sealed and issued; or by the Sovereign directly signing the letters patent that are to pass under the great seal, as is necessary in some cases, such as with letters patent that grant Royal Assent to bills passed by Parliament and with instruments of consent relating to royal marriages).[citation needed]

The Clerk of the Crown in Chancery discharges his or her functions regarding the use of the Great Seal and the preparation of royal warrants, letters patent, etc., under the direction of the Lord Chancellor, who is the keeper of the Great Seal of the Realm.[citation needed]

The Crown Office is also responsible for maintaining and updating the Roll of the Peerage. The Secretary of State for Justice is the keeper of the Peerage Roll, and his duties in that regard are daily discharged by a Registrar of the Peerage and a Deputy Registrar, who work within the Crown Office and are therefore under the supervision of the Clerk of the Crown in Chancery. The duties of the Ministry of Justice regarding the keeping and maintenance of the Roll of the Peerage are discharged in collaboration with the Garter King of Arms and Lord Lyon King of Arms, regarding their respective heraldic jurisdictions. The Crown Office also compiles the Official Roll of the Baronetage.[citation needed]

The Crown Office also has duties relating to the elections for the House of Commons. The Clerk of the Crown in Chancery initiates a parliamentary election in a constituency by sending an election writ to the returning officer of the constituency, and historically received all ballot papers and ballot stubs after the election was complete[3] though they are now kept locally by the registration officer for each area (and retained for a year).[4]

The Clerk issues election writs to all constituencies whenever the King makes a proclamation summoning a new parliament, and issues an election writ to a specific constituency whenever that constituency's seat is certified as vacant. The Clerk of the Crown in Chancery also prepares a Return Book, listing the names of all those who are returned as members of the House of Commons in a general election, and delivers that book to the Clerk of the House of Commons on the first day of a new parliament.

List of Clerks of the Crown[edit]
  1. ^ Including honorifics and constituencies for elected MPs.
  2. ^ Dates provided for the end of a term are either retirement/resignation or death; when only the year is provided the exact date is unknown.
Canadian Clerk of the Crown in Chancery[edit]

The office of Clerk of the Crown in Chancery was carried over to Canada. From 1791 to 1866, there were Clerks for both Lower Canada and Upper Canada. They carried out electoral functions similar to the British Clerk. Following Confederation in 1867, the federal government established the position of Clerk of the Crown to oversee elections. The office was amalgamated into the position of Chief Electoral Officer in 1920.[27]

  1. ^ John Tamworth is presumed to have died in 1374, but no grant of office of Clerk of the Crown was issued until Geoffrey Martin's (1 January 1376).
  2. ^ John Clerk and William Champneys were each granted offices as one of the Clerks of the Crown (6 February 1409), with John Clerk holding a higher salary.
  3. ^ Richard Sturgeon (until 17 October 1415) served as Clerk of the Crown alongside John Clerk, who held higher salary.
  4. ^ Richard Sturgeon and Sir Thomas Haseley were each granted offices as one of the Clerks of the Crown (17 October 1415), with Richard Sturgeon holding a higher salary.
  5. ^ Sir Thomas Haseley and Thomas Ive were granted the office of Clerk of the Crown in survivorship (24 December 1448). Thomas Ive had previously been granted the office of Clerk of the Crown in reversion after Sir Thomas Haseley (17 October 1415).
  6. ^ William Rous was granted the office of Clerk of the Crown in reversion after Richard Sturgeon (25 May 1443), and served (until 12 October 1470) alongside Thomas Ive.
  7. ^ John Bagot was granted the office of Clerk of the Crown in survivorship with William Swerendon in reversion after Robert Rous (19 October 1461), and later the same office in survivorship with the same in reversion after William Rous (22 June 1464). William Swerendon's will had been proven by 1469; John Bagot was granted of the office alone in possession during pleasure upon William Rous' death (12 October 1470).
  8. ^ Richard Ive was granted the office of Clerk of the Crown in reversion after his father, Thomas Ive (16 September 1473) He was granted the office in possession upon his father's death (21 May 1481), and later granted of the office during pleasure (3 July 1483).
  9. ^ Richard Ive and Gilbert Bacheler were granted the office of Clerk of the Crown in survivorship (19 September 1485). Gilbert Bacheler had been granted the office of Clerk of the Crown on the same date, though this appointment is believed to have been a mistake and is not known to have taken effect.
  10. ^ Gilbert Bacheler and Clement Clerk were granted office as Clerks of the Crown in survivorship(10 November 1487).
  11. ^ Sir Thomas Pope was granted office as Clerk of the Crown in reversion after Ralph Pexsall (5 October 1532). He succeeded to the office upon Ralph Pexsall's death 15–16 July 1537.
  12. ^ Sir Thomas Pope and John Lucas were granted office as Clerks of the Crown (28 February 1538). The first surrendered the office (9 April 1544).
  13. ^ Martin Edmund and Thomas Powle (I) were granted office as Clerks of the Crown 20 July 1546.
  14. ^ Thomas Powle (II) was granted office as Clerk of the Crown in reversion after his father, Thomas Powle (I) 2 May 1579. He predeceased his father.
  15. ^ Rowland Watson was granted office as Clerk of the Crown in reversion after Thomas Powle (I) and (II) (3 June 1589). He predeceased both of them (3 July 1595).
  16. ^ Sir George Coppin was granted office as Clerk of the Crown in reversion after Thomas Powle (I) (31 January 1597). He succeeded to the office upon Thomas Powle (I)'s death (26 July 1601).
  17. ^ Miles Raynsford was granted office as Clerk of the Crown in reversion after Sir George Coppin (23 June 1603). He predeceased Coppin.
  18. ^ Sir Thomas Edmondes was granted office as Clerk of the Crown in reversion after Sir George Coppin (6 May 1604). He succeeded to the office upon Sir George Coppin's death 1 March 1620.
  19. ^ Anthony and Thomas Luther were granted the office of Clerk of the Crown in Chancery in survivorship in reversion after Sir George Coppin and Thomas Edmondes (11 June 1610). They both surrendered the office (12 June 1629).
  20. ^ Richard Beringer was granted office as Clerk of the Crown in reversion after Thomas Willis (12 April 1636). He later surrendered the office 12 May 1636.
  21. ^ Sir Arthur Mainwaring and Andrew Pitcairn were granted the office of Clerk of the Crown in survivorship in reversion after Thomas Willis and Richard Beringer (12 April 1636). They both surrendered the office (12 May 1636).
  22. ^ Thomas Willis (1617–1646), was granted office as Clerk of the Crown in reversion after his father of the same name (2 March 1641). He predeceased his father.
  23. ^ John Bolles was appointed to office as Clerk of the Crown by Parliament (12 December 1643). He was previously serving as Thomas Willis' deputy.
  24. ^ a b Valentine Willis was granted office as Clerk of the Crown in reversion after his father and his brother, both named Thomas Willis (2 March 1641). He became entitled to the office upon his father's death in 1656. He was later admitted as Clerk of the Commonwealth (10 February 1660), and recognised as Clerk of the Crown (April 1660), though he later surrendered the latter office (30 June 1660).
  25. ^ Sir Peter Apsley was granted office as Clerk of the Crown in reversion after Henry Barker (5 July 1667). He predeceased Henry Barker (10 January 1692), who later surrendered the office.
  26. ^ Stephen Bisse and Thomas Bray were granted the office of Clerks of the Crown in survivorship after George Wright (25 November 1717). They both succeeded to the office upon George Wright's death (6 March 1725).
  27. ^ Charles and John Yorke were granted the office of Clerk of the Crown in survivorship in reversion after Stephen Bisse (27 June 1746). They both succeeded to the office upon Stephen Bisse's death (9 September 1746).
  28. ^ Henry, Earl Bathurst and Apsley Bathurst were granted the office of Clerk of the Crown in survivorship in reversion after John Yorke (23 July 1771). They both succeeded to the office upon John Yorke's death (4 September 1801).
  29. ^ The Hon. William Henry John was granted office as Clerk of the Crown in reversion after Henry, Earl Bathurst and Apsley Bathurst (29 July 1805). He predeceased both of them (6 July 1832).
  30. '^ Charles Edward Pepys held courtesy title as Viscount Crowhurst as heir to the Earldom of Cottenham (11 June 1850); he later succeeded as the 2nd Earl of Cottenham (29 April 1851).
  31. ^ Alexander Alan retired to assume the chairmanship of the Joint Intelligence Committee (15 November 2007).
  32. ^ Ceri King was the Deputy Clerk of the Crown in Chancery at the time of Sir Richard Heaton's resignation. She resumed that role after Antonia Romeo was appointed.
  1. ^ a b c d e f g h i j k l Sainty, John Christopher (April 2001). Clerk of the Crown in Chancery. Institute of Historical Research. Archived from the original on 17 July 2018. Retrieved 17 July 2018.
  2. ^ a b Great Seal (Offices) Act 1874, section 8
  3. ^ Memorandum on Electoral Law and Administration
  4. ^ Representation of the People Act 1983, Schedule 1, rule 55
  5. ^ Wilkinson, Bertie (1929). The Chancery Under Edward III. Manchester University Press. p. 85.
  6. ^ "House of Lords Journal". Journals of the House of Lords. 6. His Majesty's Stationery Office: 339–340. 13 December 1643. Retrieved 25 March 2021.
  7. ^ Namier, L; Brooke, J (1964). The History of Parliament: the House of Commons 1754-1790. Boydell and Brewer.
  8. ^ "Hon Apsley Bathurst". The British Museuym. Retrieved 25 March 2021.
  9. ^ "No. 19178". The London Gazette. 1 August 1834. p. 1428. Whitehall, July 30, 1834. The King has been pleased to nominate and appoint Denis Le Marchant, Esq. to be Clerk of the Crown in Chancery, in the room of Henry Earl Bathurst, deceased.
  10. ^ "No. 19211". The London Gazette. 18 November 1834. p. 2053. Whitehall, November 15, 1834. The King has been pleased to nominate and appoint Leonard Edmunds, Esq. to be Clerk of the Crown in Chancery, in the room of Denis Le Marchant, Esq. resigned.
  11. ^ "No. 20836". The London Gazette. 14 March 1848. p. 1020. Whitehall, March 14, 1848. The Queen has been pleased to nominate and appoint the Honourable Charles Edward Pepys to be Clerk of the Crown in Chancery, in the room of Leonard Edmunds, Esq. resigned.
  12. ^ "No. 21227". The London Gazette. 15 July 1851. p. 1837. Whitehall, July 11, 1851. The Queen has been pleased to nominate and appoint Charles Romilly, Esq. to be Clerk of the Crown in Chancery, in the room of Charles Edward, Earl of Cottenham, resigned.
  13. ^ "No. 24884". The London Gazette. 21 September 1880. p. 4991. Whitehall, September 18, 1880. THE Queen has been pleased to appoint Ralph Charlton Palmer, Esq., to be Clerk of the Crown in Chancery, in the room of Charles Romilly, Esq., resigned.
  14. ^ "No. 25449". The London Gazette. 6 March 1885. p. 971. THE Queen has been pleased, by Warrant dated the 17th ultimo, to appoint Kenneth Augustus Muir Mackenzie, Esq., to be Clerk of the Crown in Chancery, in the room of Ralph Charlton Parlmer, Esq., resigned.
  15. ^ "No. 29218". The London Gazette. 6 July 1915. p. 6580. The KING has been pleased, by Warrant under His Royal Sign Manual, bearing date the 2nd instant, to appoint Sir Claud Schuster to be Clerk of the Crown in Chancery, in the room of Kenneth Augustus, Baron Muir Mackenzie, resigned.
  16. ^ "No. 40196". The London Gazette. 4 June 1954. p. 3336. The QUEEN has been pleased by Warrant under Her Majesty's Royal Sign Manual, bearing date the 4th instant, to appoint George Phillips Coldstream, Esq., C.B., to be Clerk of the Crown in Chancery, in the room of the Honourable Sir Albert Edward Alexander Napier, K.C.B., Q.C, retired.
  17. ^ "No. 44561". The London Gazette. 5 April 1968. p. 4051. The QUEEN has been pleased by Warrant under Her Majesty's Royal Sign Manual, bearing date the 1st April, to appoint Denis William Dobson, Esq., C.B., O.B.E., to be Clerk of the Crown in Chancery, in the room of Sir George Phillips Coldstream, K.C.B., Q.C., retired.
  18. ^ "No. 47203". The London Gazette. 22 April 1977. p. 5469. The QUEEN has been pleased by Warrant under Her Majesty's Royal Sign Manual, bearing date the 12th April 1977, to appoint John Wilfrid Bourne, Esq., C.B., to be Clerk of the Crown in Chancery in the room of Sir Denis William Dobson, K.C.B, O.B.E., Q.C., who has retired.
  19. ^ "No. 49128". The London Gazette. 4 October 1982. p. 12867. The QUEEN has been pleased by Warrant under Her Majesty's Royal Sign Manual, bearing the date 1st October, to appoint Antony Derek Maxwell Oulton, Esquire, C.B., M.A., Ph.D., to be Clerk of the Crown in Chancery in the room of Sir John Wilfred Bourne, K.C.B., Q.C., who has retired.
  20. ^ "No. 51874". The London Gazette. 18 September 1989. p. 10669. THE QUEEN has been pleased by Warrant under Her Majesty's Royal Sign Manual bearing date 16th September 1989, to appoint Thomas Stuart Legg, Esquire, CB, MA, LLM, to be Clerk of the Crown in Chancery in the room of Sir Anthony Derek Maxwell Oulton, GCB, QC, MA, PhD, who has retired.
  21. ^ "No. 55095". The London Gazette. 14 April 1998. p. 4204. The Queen has been pleased by Warrant under Her Majesty's Royal Sign Manual, bearing date 11th April 1998, to appoint Sir Gerald Hayden Phillips, K.C.B., to be Clerk of the Crown in Chancery in the room of Sir Thomas Stuart Legg, K.C.B., Q.C., who has retired.
  22. ^ "No. 57422". The London Gazette. 28 September 2004. p. 12223. The following notice is in substitution for that which appeared on page 11898 of The London Gazette dated 21 September 2004: The QUEEN has been pleased by Warrant under Her Majesty's Royal Sign Manual, bearing date 2 August 2004, to appoint Alexander Claud Stuart Allan to be Clerk of the Crown in Chancery upon the retirement of Sir Gerald Hayden Phillips GCB.
  23. ^ "No. 58550". The London Gazette. 21 December 2007. p. 18563. The QUEEN has been pleased by Royal Warrant bearing date 10 December 2007, to appoint Sir Sumantra Chakrabarti K.C.B. as the Clerk of the Crown in Chancery. G A Bavister
  24. ^ "No. 60213". The London Gazette. 19 July 2012. p. 13896. The QUEEN has been pleased by Royal Warrant bearing date 12 July 2012 to appoint Ursula Mary Brennan as the Clerk of the Crown in Chancery [in succession to Sir Sumantra Chakrabarti, K.C.B.]. G A Bavister
  25. ^ "No. 61347". The London Gazette. 8 September 2015. p. 16778.
  26. ^ "No. 63246". The London Gazette. 22 January 2021. p. 1110. The Queen has been pleased by Royal Warrant under Her Royal Sign Manual dated 18th January 2021 to appoint Antonia Romeo to the Office of Clerk of the Crown in Chancery.
  27. ^ Library and Archives Canada: LAC Collection on Politics and Government.

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