Legal Definitions - Keeper of the King's Conscience

The term "Keeper of the King's Conscience" is a historical title referring to the Lord Chancellor, a senior officer of state in the United Kingdom. Historically, the Lord Chancellor was regarded as the monarch's chief advisor on matters of justice, fairness, and equity.

In this role, the Lord Chancellor was responsible for ensuring that the King's justice was administered not just according to the strict letter of the common law, but also with a sense of moral fairness and equity. When the rigid common law courts could not provide a just remedy for a wrong, individuals would often petition the King directly. These petitions were then typically referred to the Lord Chancellor, who would hear the cases in the Court of Chancery and apply principles of equity to achieve a fair outcome, effectively acting as the custodian of the monarch's moral duty to their subjects.

Here are some examples illustrating this historical role:

• Example 1: Resolving a Land Dispute Based on Fairness

  Imagine a scenario in medieval England where a landowner verbally promised a tenant a long-term lease on a piece of land, encouraging the tenant to invest significant time and resources into improving it. However, common law at the time strictly required written contracts for land agreements. When the landowner later tried to evict the tenant, relying on the lack of a written agreement, the common law courts could offer no remedy for the tenant's unjust loss. The tenant might then petition the King. The Lord Chancellor, acting as the Keeper of the King's Conscience, would hear this case in the Court of Chancery. Recognizing the injustice, the Lord Chancellor would apply principles of equity to prevent the landowner from benefiting from their broken promise, perhaps by enforcing the verbal agreement or ordering compensation, thereby upholding the King's moral obligation to ensure fairness beyond strict legal technicalities.

• Example 2: Protecting Subjects from Unjust Power

  Consider a powerful baron who, through intimidation and influence, unjustly seizes the property of a less powerful subject, even if the action technically skirts the edges of common law. The common law courts, perhaps intimidated by the baron's power, might be reluctant or unable to provide a remedy. The aggrieved subject could petition the King for justice. The Lord Chancellor, in their capacity as the Keeper of the King's Conscience, would investigate the matter. They would advise the King on how to intervene to ensure that the baron's power was not used to oppress subjects unfairly, perhaps by ordering a review of the seizure or compelling a just resolution, thereby safeguarding the King's moral duty to protect all subjects, especially the vulnerable.

• Example 3: Advising on Royal Pardons and Mercy

  Suppose a person was convicted of a serious crime under common law, and while technically guilty, there were significant mitigating circumstances, such as extreme duress or a clear case of self-defense that the rigid common law procedures failed to fully account for. The King might receive petitions for mercy or a pardon. The Lord Chancellor, as the Keeper of the King's Conscience, would be tasked with reviewing such petitions. They would advise the monarch not just on the legality of the conviction, but also on the moral and ethical considerations, guiding the King towards a decision that reflected compassion and true justice, rather than just strict adherence to the law, embodying the monarch's role as the ultimate fount of justice and mercy.