Osbert fitzHervey

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 had a relative with the same name who was the brother of his uncle Glanvill, and with whom this Osbert should not be confused.) 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, (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.