Osbert fitzHervey
Osbert fitzHervey 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. He was a younger brother of Hubert Walter, later Archbishop of Canterbury, and thus the son of Hervey Walter and his wife Maud de Valoignes, one of the daughters of Theobald de Valoignes, lord of Parham in Suffolk. Osbert was one of six brothers. The older brothers, Theobald Walter and Hubert, were helped in their careers by their uncle, Ranulf de Glanvill. Glanvill was the chief justiciar for Henry II; and was married to Maud de Valoignes' sister, Bertha. The other three brothers – Roger, Hamo and Bartholomew – only appear as witnesses to charters.Osbert's lands were chiefly in Norfolk and Suffolk, but he also had some lands in Essex and some from the Count of Perche. 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. He was often sent as an itinerant justice to East Anglia; 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, and to which Osbert himself may have contributed, names only seven judges, including Osbert. 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.