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CHANCELLOR

Volume 2 · 843 words · 1771 Edition

officer supposed originally to have been a notary or scribe under the emperors, and named cancellarius, because he sat behind a lattice, called in Latin cancellus, to avoid being crowded by the people.

According to a late treatise, the chancellor originally presided over a political college of secretaries, for the writing of treaties, and other public business; and the court of equity, under the old constitution, was held before the king and his council, in the palace, where one supreme court for business of every kind was kept. At first the chancellor became a judge, to hear and determine petitions to the king, which were preferred to him; and in the end, as business increased, the people addressed their suit to the chancellor, and not to the king; and thus the chancellor's equitable power, by degrees, commenced by prescription.

Lord high Chancellor of Great Britain, or Lord keeper of the great seal, is the highest honour of the long robe, being made to per traditionem magni sigilli, per dominum regem, and by taking the oaths: He is the first person of the realm next after the king, and princes of the blood, in all civil affairs; and is the chief administrator of justice, next the sovereign, being the judge of the court of chancery.

All other justices are tied to the strict rules of the law in their judgment: But the chancellor is invested with the king's absolute power, to moderate the written law, governing his judgment purely by the law of nature and conscience, and ordering all things according to equity and justice. In this respect Strafford says, the chancellor has two powers, one absolute, the other ordinary: Meaning, that although by his ordinary power, in some cases, he must observe the forms of proceedings, as other inferior judges; yet in his absolute power, he is not limited by the laws, but by conscience and equity.

The lord chancellor not only keeps the king's great seal; but also all patents, commissions, warrants, &c. from the king, are, before they are signed, perused by him: He has the disposition of all ecclesiastical benefices. CHANCELLOR of a cathedral, an officer that hears lessons and lectures read in the church, either by himself or his vicar; to correct and set right the reader when he reads amiss; to inspect schools; to hear causes; apply the seal; write and dispatch the letters of the chapter; keep the books; take care that there be frequent preachings, both in the church and out of it; and assign the office of preaching to whom he pleases.

CHANCELLOR of the dutchy of Lancaster, an officer appointed chiefly to determine controversies between the king and his tenants of the dutchy-land, and otherwise to direct all the king's affairs belonging to that court. See DUTCHY-court.

CHANCELLOR of the exchequer, an officer who presides in that court, and takes care of the interest of the crown.

He is always in commission with the lord-treasurer, for the letting of crown-lands, &c., and has power, with others, to compound for forfeitures of lands, upon penal statutes: He has also great authority in managing the royal revenues, and in matters relating to the first-fruits.

CHANCELLOR of the order of the garter, and other military orders, is an officer who seals the commissions and mandates of the chapter and assembly of the knights, keeps the register of their proceedings, and delivers acts thereof under the seal of their order.

CHANCELLOR of an university, is he who seals the diplomas, or letters of degrees, provision, &c., given in the university.

The chancellor of Oxford is usually one of the prime nobility, chosen by the students themselves in convocation. He is their chief magistrate; his office is, durante vita, to govern the university, preserve and defend its rights and privileges, convene assemblies, and do justice among the members under his jurisdiction.

Under the chancellor is the vice-chancellor, who is chosen annually, being nominated by the chancellor, and elected by the university in convocation: He is always the head of some college, and in holy orders. His proper office is to execute the chancellor's power, to govern the university according to her statutes, to see that officers and students do their duty, that courts be duly called, &c. When he enters upon his office, he chooses four pro-vice-chancellors out of the heads of the colleges, to execute his power in his absence.

The chancellor of Cambridge is also usually one of the prime nobility, and in most respects the same as that in Oxford; only he does not hold his office durante vita, but may be elected every three years. Under the chancellor there is a commissary, who holds a court of record for all privileged persons and scholars under the degree of master of arts, where all causes are tried and determined by the civil and statute law, and by the custom of the university.

The vice-chancellor of Cambridge is chosen annually, by the senate, out of two persons nominated by the heads of the several colleges and hall.