The chief justiceFallenbüchl 1988, p. 147.Szende 1999, p. 448.Gergely 2000, pp. 133–134. (,Fallenbüchl 1988, p. 107. ,Fallenbüchl 1988, p. 29. ) was the personal legal representative of the king of Hungary, who issued decrees of judicial character on behalf of the monarch authenticated with the royal seal, performed national notarial activities and played an important role in the organisation of lawyers training. Later the chief justice was the head of the Royal Court of Justice (, ) and the Tribunal of the Chief Justice (, ), the highest legal forum of civil cases.
Origins
The office of personalis evolved since the early 15th century within the royal chancellery. In the beginning, the king was represented by the secret chancellor in the judiciary (judge of personal presence).Markó 2006, p. 336. The first known chief justice was Janus Pannonius, a Croato-Hungarian humanist poet who returned to Hungary after finishing studies at the University of Padua in 1458, the coronation year of Matthias Corvinus. Pannonius served as chief justice until 1459, when he was elected as the bishop of Pécs. Until the 1464 reform, the complete list of chief justices is unknown. It is certain that Albert Vetési, Bishop of Veszprém held the office for a short time around 1460.
From the 1370s, during the reign of Louis I, the lord chancellor also had a judicial function. He became judge of special presence (). This position was held by Roman Catholic prelates, therefore the judicial function was performed by their deputies. Consequently, a dual judicial system existed in the Kingdom of Hungary until the administrative reform of 1464.Bertényi 1996.
Formation Matthias Corvinus (formally Matthias I), after restoring the Holy Crown of Hungary for 60,000 ducats, was allowed to retain certain Hungarian counties with the title of king and was crowned legitimately on 29 March 1464. After the second and valid coronation, Matthias began to reorganize the administrative and judicial structure.Kubinyi 2004, p. 40. He merged the two courts ("special" and "personal judicatures") and established the institution of chief justice as a full-fledged judge to the head of the Royal Court. The chancellery was also unified and the new office of "lord- and vice-chancellor" lost all of its judicial functions.
The Tribunal of the Chief Justice also established where the so-called "towns of chief justice" () forwarded those appeals concerning litigations. The tribunal chaired by the chief justice functioned as appellate court for the "towns of treasurer" () too. According to the Tripartitum (1514) five settlements were towns of chief justice: Székesfehérvár, Esztergom, Lőcse (Levoča), Kisszeben (Sabinov) and Szakolca (Skalica). The status meant some independence, so was sought after by the towns. The Quadripartitum (1551), which never came to force, also mentions the seven mining towns of Upper Hungary as towns of chief justice.
Functions and development The Act LXVIII of 1486 listed the chief justice among the "ordinary judges" beside the palatine and the judge royal. The chief justice also served as keeper of the monarch's judicial seal. In contrast, the secret chancellor assumed his role in the arbitration only on special occasions. The ordinary judges were able to make judgements on any matter and also could appoint deputies and masters of judgement. In practice, this meant that the judicial power decoupled itself from the executive branch (the king). The Act XLII of 1492 (during the reign of Vladislaus II) also confirmed these authorities.
During the first decades the position was held by ecclesiastical dignitaries. Thomas Drági was the first secular office-holder between 1486 and 1490. There had been a growing demand to fill the position by secular jurists and professionals on a permanent basis. That finally occurred at the beginning of the 16th century when the Act IV of 1507 decreed that the office must be occupied by a secular person with legal practice. Despite the new law the influential and powerful cardinal Tamás Bakócz chose his prelate relatives for the office. The importance of the office of chief justice was made clear when Buda became the permanent residence of the Tribunal of the Chief Justice. The Act LV of 1514 also emphasized the appointment of secular office-holders. After that the secular and ecclesiastical elite agreed with each other and István Werbőczy, creator of the Tripartitum was appointed later in 1516.Fraknói 1899.
After the battle of Mohács (1526) the reigning chief justice Miklós Thuróczy swore allegiance to Ferdinand I. As a result, the other elected king, John Zápolya also appointed a chief justice for his own royal court in the person of Benedek Bekényi.
Charles III divided the Curia Regia into two courts in 1723: the Tabula Septemviralis (Court of the seven) and the Tabula Regia Iudiciaria (Royal Court of Justice). The latter functioned under the direction of the chief justice, in the case of prevention, of the elder Baron Court. The Tabula Regia Iudiciaria was constituted of two prelates, two Barons of the Court, two deputy judge advocates of the Kingdom: the vice Palatine, the deputy judge advocate of the Curia Regia, four prothonotaries, four assessors of the Kingdom, four assessors of the archdiocese, four adjunctive assessors.
The chief justice also had a political function: he became speaker of the occasionally convened lower house of the Diet of Hungary. During the Habsburg-dominated kingdom a customary law emerged whereby jurists to the office of chief justice were chosen from the lesser nobility, however later sometimes aristocrats were also appointed to that position. The Tribunal of the Chief Justice was one of the positions used for the development, patronage and rise of a new aristocracy which was loyal to the House of Habsburg. For the new "official nobility" the position of chief justice was the springboard to obtain higher positions (mostly judge royal, president of the Hungarian Court Chamber, vice-chancellor).
János Zarka opened and presided over the last feudal Diet of 1848. During the Hungarian Revolution of 1848 the position became vacant. After the defeat of the War of Independence Francis Joseph I applied neo-absolutist governance ("Bach system") and integrated the Kingdom of Hungary to the Habsburg Empire. Due to the fall of the Bach system in 1861, the position of chief justice, among others, was revived again and István Melczer took the office. According to the Austro-Hungarian Compromise of 1867 the judicial system had been converted and modernized; the chief justice lost all of its features and the position was officially discontinued.
List of known chief justices
Kingdom of Hungary (1000–1538) Term Portrait Incumbent Monarch Notes Source 1458 Janus Pannonius(John Csezmicei) Matthias Corvinus humanist poet; later bishop of Pécs (1459–1472) Markó 2006, p. 444.Bónis 1971, table VI. 1458–1459 Albert Vetési Matthias Corvinus from the gens Kaplon; also vice-chancellor (1458), secret chancellor (1458–1459), bishop of Veszprém (1458–1486) Markó 2006, p. 333.Kubinyi 2000, p. 12. 1459–1464 Nicholas Bodó Matthias Corvinus personalis presentia 1464–1465 Albert Hangácsi Matthias Corvinus 1464 judicial and administrative reform; also bishop of Csanád (1457–1466) Kubinyi 2004, p. 32. 1465–1466 Stephen Matthias Corvinus first term; provost of Kalocsa Markó 2006, p. 339. 1468–1470 Gabriel Matucsinai Matthias Corvinus also vice-chancellor (1468–1471), later archbishop of Kalocsa and lord chancellor (1471–1478) Markó 2006, p. 319.Kubinyi 2000, p. 19.Bónis 1971, p. 254. 1470–1472 Stephen Matthias Corvinus second term Bónis 1971, pp. 225–226. 1472–1483 Ladislaus Karai Matthias Corvinus provost of Buda; also vice-chancellor (1471–1476); patron of András Hess (Chronica Hungarorum); resigned due to illness Véber 2009, p. 26. 1483–1484 Peter Váradi Matthias Corvinus also lord and secret chancellor (1480–1484), archbishop of Kalocsa (1480–1501); imprisoned Véber 2009, p. 34.Markó 2006, p. 332. 1485–1486 Lucas Apáti Matthias Corvinus provost of Eger Véber 2009, p. 68. 1486 John Filipec Matthias Corvinus ; also bishop of Olomouc (1484–1490) Markó 2006, p. 309.Bónis 1971, p. 19. 1486–1490 Thomas Drági Matthias Corvinus first secular chief justice;Matucsinai was also secular when he held the office of chief justice, however later became a Roman Catholic prelate. Kubinyi 2000, p. 19. Drági Compendium Kubinyi 2000, p. 19.Markó 2006, p. 337. 1490–1494 Stephanus Crispus(Stephen Fodor) Vladislaus II nephew of Urban Nagylucsei; also bishop of Syrmia (1490–1494) Véber 2009, p. 102.Bónis 1971, p. 334. 1495–1501 Domokos Kálmáncsehi Vladislaus II also bishop of Várad (1495–1501); Breviarium (1481) Kubinyi 1957, p. 30. 1502–1503 Lucas Szegedi Vladislaus II bishop of Bosnia (1490–1493), treasurer (1490–1492), bishop of Zagreb (1500–1510) Markó 2006, p. 343.Kubinyi 1957, p. 32. 1503–1512 István Erdődy Vladislaus II brother of Tamás Bakócz; remained in office despite Act IV of 1507; also bishop of Syrmia (1503–1505) and bishop of Nyitra (1505–1512) 1513–1514 János Erdődy Vladislaus II nephew of Tamás Bakócz; appointed despite Act IV of 1507; also bishop of Zagreb (1512–1518); resigned Bónis 1971, pp. 319–320. 1516–1525 István Werbőczy Louis II creator of the Tripartitum (1514); later palatine (1525–1526), chancellor for John I (1526–1540) Markó 2006, p. 259. 1525–1527 Miklós Thuróczy Louis IIFerdinand IJohn I also master of judgement for judge royal (1525–1527); he supported Ferdinand I after the battle of Mohács (1526) Markó 2006, p. 344.
Hungarian Civil War (1526–1538) For Ferdinand I Term Portrait Incumbent Notes Source 1527 Pál Várdaialso archbishop of Esztergom and lord chancellor (1526–1549), later royal governor (1542–1549) Markó 2006, p. 257. 1527–1542 Ferenc Révayalso ispán of Turóc County (1532–1553), later palatinal governor (1542–1553) Markó 2006, p. 250.For John I Term Portrait Incumbent Notes Source 1526–1537 Benedek Bekényior Bekény; appointed after the battle of Mohács 1539 Szaniszló Várallyailater bishop of Pécs and ispán of Baranya County (1541–1548); the Ottomans occupied Pécs and Baranya during his reign (1543)
Kingdom of Hungary (1538–1867)
16th–17th century Term Portrait Incumbent Monarch Notes Source 1542–1544Vacancy 1544–1562 Mihály Mérey Ferdinand I later palatinal governor (1562–1572); creator of the Quadripartitum (1551) Markó 2006, p. 240. 1562–1570 János Zomor Ferdinand IMaximilian Markó 2006, p. 345. 1570–1571 Damján Aranyáni Maximilian 1572–1585 András Vitál MaximilianRudolf master of judgement for palatine (1569–1572) 1585–1587Vacancy 1587–1603 János Joó Rudolf dismissed due to his involvement in the show trial against István Illésházy (1603) 1604–1616 János Lippay RudolfMatthias II one of the signatories of the treaty of Vienna (1606) Markó 2006, p. 340. 1617–1625 Benedek Pákay Matthias IIFerdinand II also a royal councillor (1625) Markó 2006, p. 342. 1625–1627 Mózes Cziráky Ferdinand II 1627–1628 István Patachich Ferdinand II also acting ban of Croatia (1626–1627) 1629–1630 Gáspár Tersztyánszky Ferdinand II 1631–1649 Tamás Mikulich Ferdinand IIFerdinand III 1650–1665 György Orossy Ferdinand IIILeopold I also a royal councillor (1650–1665) 1665–1666 Gáspár Heölgyi Leopold I converted to Roman Catholicism; his widow later married chief justice Esterházy Markó 2006, p. 338. 1666–1667 János Szakmárdy Leopold I also master of judgement for Croatia, Slavonia and Dalmatia, vice-ispán of Varaždin County, royal councillor (1666–1667) 1667–1670 Farkas Esterházy Leopold I from the House of Esterházy; member of the committee which investigated the Wesselényi conspiracy (1670) 1670–1677 János Majthényi Leopold I Markó 2006, p. 341. 1677–1679Vacancy 1679–1693 István Orbán Leopold I also member of the Gubernium (1681–1693) 1693–1699 János Maholányi Leopold I also master of judgement for chief justice (1695–1699) Fallenbüchl 1988, p. 108.