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Osbert fitzHervey

12th and 13th-century English royal justice


12th and 13th-century English royal justice

FieldValue
nameOsbert fitzHervey
death_date1206
occupationRoyal justice
spouseMargaret
parentsHervey Walter
Maud de Valoignes

Maud de Valoignes

Osbert fitzHervey (died 1206) was an Anglo-Norman royal judge. Brother of Hubert Walter and Theobald Walter, Osbert served three kings of England and may have contributed to the legal treatise attributed to his uncle, Ranulf de Glanvill. Ralph of Coggeshall, a medieval writer, praised Osbert's knowledge of law, but condemned his acceptance of gifts from plaintiffs and defendants in legal cases. Osbert was one of a group of men who are considered the first signs of a professional judiciary in England.

Background and early life

Osbert was from East Anglia, where he held lands. and thus the son of Hervey Walter and his wife Maud de Valoignes, one of the daughters (and co-heiresses) of Theobald de Valoignes, lord of Parham in Suffolk. Osbert was one of six brothers.}} Glanvill was the chief justiciar for Henry II; and was married to Maud de Valoignes' sister, Bertha.

Osbert's lands were chiefly in Norfolk and Suffolk, but he also had some lands in Essex Other lands were held from two monastic houses in East Anglia: St Benet Holme and Bury St Edmunds.

Career

Osbert served as a royal judge under three English kings: Henry II, Richard I, and John. the historian Barbara Dodwell said of him that "of all the justices his knowledge of East Anglian disputes was probably the greatest". It appears that Osbert's royal service was confined to judicial matters, as no other evidence of any other offices has surfaced.

The treatise Tractatus of Glanvill, which is traditionally attributed to Osbert's uncle Ranulf de Glanvill,{{efn|That Glanvill was the author of the treatise is no longer considered likely by most historians. He was one of a group of royal justices that included Simon of Pattishall, Ralph Foliot, Richard Barre, William de Warenne, and Richard Herriard, used by Hubert Walter, the Justiciar of England during Richard's reign, and chosen for their ability rather than any familial ties. This group replaced the previous system of using mostly local men, and represent the first signs of a professional judiciary. In 1194 Osbert was one of the collectors of the carucage in eastern England, along with Barre and de Warrene.

Later life and death

In 1198, Osbert married Margaret of Rye, with whom he had at least one son. Osbert died in 1206, At his death, his yearly income was more than 240 pounds. Ralph of Coggeshall mentions Osbert, without using his name, as a royal judge who would go to Hell in his "Vision of Thurkill". Coggeshall did state that Osbert was "most expert in worldly law" and was famous for "his overflowing eloquence and experience in the law". According to Coggeshall, Osbert's punishment in Hell would consist of having to swallow hot coins and then being forced to vomit the coins back up. the fine amounting to 200 marks and two palfreys.

Notes

Citations

References

References

  1. He was a younger brother of [[Hubert Walter]], later [[Archbishop of Canterbury]],Turner ''English Judiciary'' p. 92
  2. Greenway ''Fasti Ecclesiae Anglicanae 1066–1300''
  3. Cokayne ''Complete Peerage: Volume Two'' p. 447
  4. Young ''Hubert Walter'' p. 4
  5. The older brothers, [[Theobald Walter, 1st Baron Butler
  6. and some from the [[Count of Perche]].West ''Justiciarship in England'' pp. 161–163
  7. Turner ''English Judiciary'' p. 123
  8. West ''Justiciarship in England'' p. 84
  9. Quoted in Turner ''English Judiciary'' p. 80
  10. Turner ''English Judiciary'' p. 88
  11. Turner "Who Was the Author of Glanvill?" ''Law and History Review'' pp. 98–99
  12. }} and to which Osbert himself may have contributed, names only seven judges, including Osbert.Turner "Who Was the Author of Glanvill?" ''Law and History Review'' p. 119 and footnote 162
  13. Heiser "Households of the Justiciars" ''Haskins Society Journal'' pp. 226–227
  14. Appleby ''England without Richard'' p. 217
  15. Turner ''English Judiciary'' p. 113
  16. Osbert paid the king 20 [[Pound (currency)
  17. Turner "Reputation of Royal Judges" ''Albion'' p. 315
  18. Quoted in Turner "Reputation of Royal Judges" ''Albion'' pp. 305–306
  19. Turner ''English Judiciary'' p. 116
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