''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 ...
for "keeper of the rolls", ) is a civic post that is recognised in the
United Kingdom (except
Scotland) and in
Jamaica.
England, Wales and Northern Ireland
The ''custos rotulorum'' is the keeper of an
English,
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 peopl ...
and
Northern Irish 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 until 1545, but is now exercised by
the Crown, under the
Royal sign-manual, 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 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 �About North East Eng ...
vested in the
Bishop of Durham until the abolition of its
palatine rights. Traditionally, he was one of the
justices of the peace. The custos rotulorum of the
Isle of Ely 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. This latter official was, until 1888, appointed by the ''custos rotulorum'', but following the passing of the
Local Government Act 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
The Courts Act 1971 is an Act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales.
It established the Crown Court, introduced the posts of circuit judge and recorde ...
.
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; ''Ei ...
(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 fro ...
, 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 purposes Chambers 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 corresponded with the
Custos Rotulorum of Dublin. ''Custodes rotulorum'' were abolished by the
Local Government (Ireland) Act 1898. In 1922 the creation of the
Irish Free State resulted in the abolition of the by then largely honorific posts, but Lord Lieutenancies are still retained in
Northern Ireland.
Jamaica
History
The Office of the Custos evolved in
Jamaica from its colonial past. It can be traced back to fourteenth-century England when in 1391 King
Richard II
Richard II (6 January 1367 – ), also known as Richard of Bordeaux, was King of England from 1377 until he was deposed in 1399. He was the son of Edward the Black Prince, Prince of Wales, and Joan, Countess of Kent. Richard's father died ...
issued the Grand
Commission appointing Custodes and
Justices of the Peace 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 as the Custos of
Port Royal
Port Royal is a village located at the end of the Palisadoes, at the mouth of Kingston Harbour, in southeastern Jamaica. Founded in 1494 by the Spanish, it was once the largest city in the Caribbean, functioning as the centre of shipping and co ...
during the Governorship of the
Earl of Carlisle 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 for the parish.
* to receive the Sovereign, any representative of the royal family, His Excellency The
Governor 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 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 (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 Britai ...
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 (Commander Class) upon his appointment or soon thereafter.
See also
*
Lists of custodes rotulorum
*
Master of the Rolls
*The
Custos Rotulorum Act 1545
References
Jamaica Custodes Order of Precedence
{{Custodes Rotulorum
History of the United Kingdom
Commanders of the Order of Distinction