Chancellor

In the United States. The presiding judge of a court of chancery. In England. A judicial officer of the king; a bishop or other high dignitary. See "Chancellor of the Exchequer," etc

An officer appointed to preside over a court of chancery, invested with various powers in the several states. There is a chancellor for the state in Delaware, and also, with vice-chancellors, in New Jersey, and in Alabama, Mississippi, and Tennessee there are district chancellors elected by the people. Under the federal and in the other states the powers and jurisdiction of courts of equity are administered by the same judges who hold the commonlaw courts. The title is also used In some of the dioceses of the Protestaut Episcopal Church in the United States to designate a member of the legal profession who gives advice and counsel to the bishop and other ecclesiastical authorities. In Scotland, this title is given to the foreman of the jury. Bisph. Eq. 7. An officer bearing this title is to be found in some countries of Europe, and is generally invested with extensive political authority. It was finally abolished in France in 1848. The title and office of chancellor came to us from England. See 1 Spence, Eq. Jur.; 4 Viner, Abr. 374; Woodd. Lect. 95. For the history of the office, see Cancellarius. In England the title is borne by several functionaries, thus: Lord High Chancellor of Great Britain. This has been the title of his office since the Union with Scotland (in effect May 1, 1707). He is appointed by the Crown, by the delivery to him of the Great Seal of the United Kingdom, and verbally addressing him by the title. It is usual to appoint the person recommended by the Prime Minister, from such members of the bar as hold or have held the office of Attorney or Solicitor General. There is no qualification for the office, except that none but a Protestant can be appointed. 7 Halsb. Laws of Eng. 56. He holds office during pleasure, and as a member of the Cabinet and under the usage accepts or retires from office with the political party to which he belongs. He is expressly excepted from the term of office during good behavior provided for the judges in the Judicature Acts. He is a member of the Privy Council, probably by prescription; also prolocutor or speaker of the House of Lords by prescription. He is not necessarily a peer, and if not, he cannot address the House of Lords. He is custodian of the Great Seal, except when it is entrusted to a Lord Keeper, or is in commission. lie is head of the judicial administration of England and is responsible for the appointment of judges of the High Court, except the Chief Justice, who is the whole of the County Court district lies within the Duchy of Lancaster). He advises the Crown as to nominating Justices of the Peace. He is President of the High Court of Justice, and of the Chancery Division of the High Court and an ex officio member of the Court of Appeals, and presiding officer thereof. Lord Chancellors Since 1660. 1660 Lord Clarendon. 1667 Lord Keeper (Sir Orlando Bridgman). 1672 Lord Shaftesbury. 1673 Lord Nottingham. 1682 Lord Keeper Guilford. 1685 Lord Keeper Guilford. 1685 Lord Jeffreys. 1687 Lord Commissioner Meynard and others. 1690 Lord Commissioner Trevor and others. 1693 Lord Somers (John Somers). 1700 Lord Keeper Wright (Nathan Wright). 1702 • Lord Keeper Wright 1705 Lord Cowper (Earl Cowper). 1710 Lord Harcourt. 1714 Lord Harcourt 1714 Lord Cowper. 1718 Lord Macclesfield (Thomas Parker). Lord King (Peter King). 1727 Lord King. 1733 Lord Talbot (Charles Talbot). 17J7. Lord Hardwicke (Philip Yorke). 1757 Lord Keeper Henley (Robert Henley). 1760 Lord Northington. 1766 Lord Camden (Charles Pratt). 1770 Charles Yorke. 1771 Lord Apsley, Earl Bathurst (Henry Bathurst). 1778 Lord Thurlow (Edward Thurlow). 1783 Lord Thurlow. 1793 Lord Loughborough (Alexander Wedderburni 1801 Lord Eldon (John Scott). 1806 Lord Erskine (Thomas Erskine). 1S07 Lord Eldon. 1S20 Lord Eldon. 1827 Lord Lyndhurst (John Singleton Copley). 1S30 Lord Brougham (Henry Brougham). 1834 Lord Lyndhurst. 1S36 Lord Cottcnham (Charles Christopher Pepys). 1837 Lord Cottenham. 1841 Lord Lyndhurst 1S16 Lord Cottcnham. 1850 Lord Truro (Thomas Wilde). 1852 Lord St. Leonards (Edward Burtenshaw Sugden). 1852 Lord Cranworth (Robert Monsey Rolfe). 1858 Lord Chelmsford (Frederick Thesiger). 1859 Lord Campbell (John Campbell). 1861 Lord Westbury (Richard Bethell). 1865 Lord Cranworth. 1866 Lord Chelmsford. 1868 Lord Cairns (Hugh Mc Calmont Cairns). 1868 Lord Hatherly (Wm. Page-Wood). 1872 Lord Selborne (Roundell Palmer). 1874 Lord Cairns. 1880 Lord Selborne. 18S5 Lord Halsbury (Hardinge Stanley Giffard). 1886 Lord Herschell (Farrer Herschcll). 1886 Lord Halsbury. 1892 Lord Herschell. 1S95 Lord Halsbury. 1905 Lord Lorcburn (Robert Threshic Reld). 1912 Lord Haldane (Richard Burdon Haldane). There is a Lord Chancellor of Ireland, but none in Scotland since the Union. The Chancellor of the Duchy of Lancaster, who presides over the court of the duchy, to judge and determine controversies relating to lands holden of the king in right of the Duchy of Lancaster. chequer, and, with the rest of the court, ordered things for the king's benefit. Cowell. This part of his functions is now practically obsolete; the chancellor of the exchequer is now known as the minister of state who has control over the national revenue and expenditure. 2 Steph. Com. 467. The Chancellor of a Diocese is the officer appointed to assist a bishop in matters of law, and to hold his consistory courts for him. 1 Bla. Com. 382; 2 Steph. Com., 11th ed. 6S4. The Chancellor of a University, who is the principal officer of the university. His office is for the most part honorary. CHANCELLORS' COURTS IN THE TWO

In American law, this is the name given in some states to the judge (or the presiding judge) of a court of chancery. In England, besides being the designation of the chief judge of the court of chancery, the term is used as the title of several judicial officers attached to bishops or other high dignitaries and to the universities. (See infra.) In Scotch practice, it denotes the foreman of an assise or jury.

— Chancellor of a cathedral. In English ecclesiastical law. One of the quatuor p&rsonœ, or four chief dignitaries of the cathedrals of the old foundation. The duties assigned to the office by the statutes of the different chapters vary, but they are chiefly of an educational character, with a special reference to the cni-tivation of theology.

— Chancellor of a diocese. In ecclesiastical law, the officer appointed to assist a bishop in matters of law, and to hold his consistory courts for him. 1 Bl. Comm. 382; 2 Steph. Comm. 072,

— ChanceUor of a university. In English law. The official head of a university. His principal prerogative is to hold a court with jurisdiction over the members of the university, in which court the vicechancellor presides. The office is for the most part honorary.

— Chancellor of the duchy of Lancaster. In English law. An officer before whom, or his deputy, the court of the duchy chamber of Lancaster is held. This is a special jurisdiction concerning all manner of equity relating to lands holden of the king in right of the duchy of Lancaster. Hob. 77; 3 Bl. Comm. 78

— Chancellor of the exchequer. In English law. A high officer of the crown, who formerly sat in the exchequer court, and, together with the regular judges of the court, saw that things were conducted to the king's benefit. In modern times, however, his duties are not of a judicial character, but such as pertain to a minister of state charged with the management of the national revenue and ex-pendifure
—Chancellor of the order of the garter, and other military orders, in England, is an officer who seals the commissions and the mandates of the chapter and assembly of the knights, keeps the register of their proceedings, and delivers their acts under the seal of their order.

— Chancellor, the lord high. In England, this is the highest judicial functionary in the kingdom, and superior, in point of precedency, to every temporal lord. He is appointed by the delivery of the king's great seal into his custody. He may not be a Roman Catholic. He is a cabinet minister, a privy counsellor, and prolocutor of the house of lords by prescription, (but not necessarily, though usually, a peer of the realm,) and vacates his office with the ministry by which he was appointed. To him belongs the appointment of all justices of the peace throughout the kingdom. Being, in the earlier periods of English history, usually an ecclesiastic, (for none else were then capable of an office so conversant in writings,) and presiding over the royal chapel, he became keeper of the sovereign's conscience, visitor, in right of the crown, of the hospitals and colleges of royal foundation, and patron of ali the crown livings under the value of twenty marks per annum in the king's books. He is the general guardian of ali infants, idiots, and lunatics, and has the general superintendence of all charitable uses, and all this, over and above the vast and extensive jurisdiction which he exercises in his judicial capacity in the supreme court of judicature, of which he is the head. Wharton.

— Vice-chancellor. In English law. A judge of the court of chancery, acting as assistant to the lord chancellor, and holding a separate court, from whose judgment an appeni lay to the chancellor. 3 Steph. Comm. 418.

The judge of a court of equity; the highest officer of a university; a presiding or judicial officer.

In English law. The chancellor, more specifically the Lord High Chancellor, is the highest judicial officer in the realm, supreme judge of the court of chancei-y, keeper of the great seal, privy councillor and prolocutor of the House of Lords, v. Lord Sigh Chancellor; Master; Vice-chancellor. Chancellor of the Duchy of Lancaster: the officer who presides over the ducihy court v. Duchy, etc. Chancellor of the Exchequer: the principal finance officer of the government, who formerly presided in the Exchequer, and looked after the interests of the crown.

In English ecclesiastical law. An officer who assists a bishop in matters of law and holds the consistory court.

In Scots law. The foreman of a jury or an assise.

THE LORD HIGH. In England, this is the highest judicial functionary in the kingdom, and superior, in point of precedency, to every temporal lord. He is appointed by the delivery of the queen's great seal into his custody. He may not be a Roman Catholic. He is a cabinet minister, a privy counsellor, and prolocutor of the house of lords by prescription, (but not necessarily a peer of the realm,) and vacates his office with the ministry by which he was appointed. To him belongs the appointment of all justices of the peace throughout the kingdom. Being, in the earlier periods of English history, usually an ecclesiastic, (for none else were then capable of an office so conversant in writings,) and presiding over the royal chapel, he became keeper of the sovereign's conscience, visitor, in right of the crown, of the hospitals and colleges of royal foundation, and patron of all the crown livings under the value of twenty marks per annum in the king's books. He is the general guardian of all infants, idiots, and lunatics, and has the general superintendence of all charitable uses, and all this, over and above the vast and extensive jurisdiction which he exercises in his judicial capacity in the supreme court of judicature, of which he is the head. Wharton.

" 1. In England, sevei-al officers bear this name. Chancellor of the exchequer. A high officer of the crown, who sometimes sat in court, sometimes in the exchequer chamber, and, with the regular judges of the court, saw that matters were conducted to the king's advantage. His chief duties now concern the management of the royal revenue. Under the Judicature Act of 1873, he is deprived of his judicial functions.^ See Exchequer. 'Courtright v. Burnes, 13 F. E. 317 (1883), cases, Mc Crary, J.; ib. 328-29, oases; s. o. 3 Mc Crary, 63, fi8-75, cases. See generally Fowler v. Ca Uam, 102 N. Y. 397 (1886). 'Hovey v. Hobson, 51 Me. 64 (1863), Dickerson, J. See also S9 Ala. 680; 70 id. 118, 179; 17 Ark. 624; 40 Conn. 570; 57 Ga. 284; 73 111. 13; 89 id. 183; 6 T. B. Mon. 416; 1 Pick. 416; 132 Mass. 388; 4 Mich. 538; 13 Ired. L. 198; 4 Duer, 375; 13 Ohio St. 175; 3 Baxt. 457; 39 Wis. 506; 19 Alb. Law J. 468-69 (1879), cases; 19 Cent. Law J. 402-8 (1884), oases; 34 id. 198 (1887), cases. ' [Goodman v. Cody, 1 Wash. T. 335 (1871). * F. chaticelier: L. L. cancellariuis; a cancellando, from canceling — illegal letters-patent, — 4 Coke, Inst. 88; 3 Bl. Com. 46. He stood near the screen, cancellus, before the judgment seat,

— Skeat. See also 1 Camp- Lord chancellor. The presiding judge in the court of chancery. In the courts of the Roman emperors he was a chief scribe or secretary, afterward invested with judicial powers and supervision over other officers. From the empire the name passed to the church: every bishop had a chancellor, the principal judge of his consistory. And when the modern kingdoms were established, almost every state preserved its chancellor, with different jurisdictions and dignities. In all of them he had supervision of such instruments of the crown as were authenticated in the most solemn manner. When seals came into use he had the custody of the king's great seal.^ The office. is created by delivery of the king's great seal into the custody of tjie nominee. -He becomes a privy counsellor by his office and prolocutor of the house of lords by prescription. He appoints all justices of the peace. Being formerly an ecclesiastic, presiding over the king's chapel, he b^pame keeper of the king's conscience, visitor to all hospitals and colleges of the king's founding, and patron of certain of the king's livings. He is the general guardian of all infants, idiots, and lunatics; he superintends all charitable uses. These powers belong to him apart from the extensive jurisdiction he exercises in his judicial capacity in the court of chancery. • See Chancery, 1; Woolsack. Vice chancellor. One of a class of equity judges who held court independently of the lord chancellor, but whose decisions were reviewable in his court. They perhaps originally acted in his place. 3. In the United States, the judge of a court of equity. As a judicial title, in use in Alabama, Delaware, Kentucky, Mississippi, and New Jersey. See Chancery, 3. 3. A person sitting as a judge in equity; as in saying that a circumstance in a case would cause a " chp,ncellor " to hesitate to enter a decree in favor of a particular person. See Title, Marketable.

The judge of a of a university, usually an judicial officer. Chancellor in law matters, and holds his the Duchy of Lancaster: Chancellor of the Exchequer Exchequer, with the barons who would be heir to the father Cestuy que trust (he who trusts): Cestuy que use: he to whose enfeoffed or seised of lands. Cestuy determines an estate for life. oeulx: those. object; except to; to claim, deto the array: an objection to Challenge to the polls: an objecsingularly and personally. There are propter honoris respectum, on of Parliament be called; propter estate or other qualification; propor bias; propter delictum, for that renders him infamous, or affects challenges for cause in distinction which are usually allowed in principal challenges, in distincfavor, a weaker kind of challenge propprobable opinion, or the like. Chambers: the private room of a business when not sitting in court. chambers: parts of the sea, included point of land' to another, over which and where aU hostilities must cease. offence of aiding another man in part of the thing in suit when reincluded the purchasing of the thing buying of titles; and was a kind of court of equity. The highest officer honorary position. A president, or of a diocese: he assists a bishop consistory court. Chancellor of he presides over the Duchy Court.: he formerly presided in the of that whom he took sat also in the equity side under the the principal finance officer of the Chancellor is the highest judicial judge of the Court of Chancery, councillor, and Prolocutor of the

[L. Lat. cancellarius; L. Fr. chancelier.] The presiding judge in the court of chancery. See Chancery. In England, the Lord High Chancdlor is the highest judicial officer of the realm, and in point of precedency ranks above every temporal lord. 3 BL Com. 46. 1 Wooddes. LecL 95. 8 Steph. Com. 407. He is, however, much more than a judicial officer, being also keeper of the great seal, a privy coimsellor, and prolocutor of the House of Lords. 3 BL Com. 47. In American law, the judges of such state courts as are exclusively courts of equity, are called chancellors, but the office is strictly a judicial one. See Chancery. The title and office of chancellor are generally supposed to be derived from the cancellarius, (q. v.) of the lower Roman empire, from which source they passed to the various modern kingdoms of Europe, includiMT the Anglo-Saxons, among whom the office is well ascertained to have existed. Sir Henry Spelman has ^Iven a list of all the chancellors of England from the earliest Saxon period. Gloss, voc. Cancellarius. According to Selden, the oldest mention in good authority, of the name of chancellor of England, is in the time of Edward the elder, ahout the year 920, who constituted Tnrketill (Turketulua) his chancellor with very transcendent powers. Selden*8 Office of Chancellor, (Works, toI. iii. 1466,) cited 1 Wooddee, Led. 96, 97. 1 Spenee'e Chaneery, 78, 79. The word chancellor itself seems to have been formed immediately from the L. Fr. chancelter, or chauncellier. The Saxon word was boceras; but the Lat. cancellariua was always used in charters and reccn-ds, as well as by the old chroniclers. Spelman, voc. Cancellarius, For the original derivation of the term, see Cancellarius. Chancellor of a diocxsb, or of a