was at first only a chief notary or scribe under the emperors; and was called cancellarius, because he sat behind a lattice (in Latin cancellus) to avoid being crowded by the people: though some derive the word from cancellare, "to cancel" (See Chancery). This officer was afterwards invested with several judicial powers, and a general superintendency over the rest of the officers of the prince. From the Roman empire it passed to the Roman church, ever emulous of imperial state: and hence every bishop has to this day his chancellor, the principal judge of his consistory. And when the modern kingdoms of Europe were established upon the ruins of the empire, almost every state preserved its chancellor with different jurisdictions and dignities, according to their different constitutions. But in all of them he seems to have had the supervision of all charters, letters, and such other public instruments of the crown as were authenticated in the most solemn manner: and therefore, when fees came into use, he had always the custody of the king's great seal.
Lord High Chancellor of Great Britain, or Lord Keeper of the Great Seal, is the highest honour of the long robe, being created by the mere delivery of the king's great seal into his custody; whereby he becomes, without writ or patent, an officer of the greatest weight and power of any now subsisting in the kingdom. He is a privy councillor by his office; and, according to Lord Chancellor Ellesmere, prolocutor of the house of lords by prescription. To him belongs the appointment of all the justices of the peace throughout the kingdom. Being in former times commonly an ecclesiastic (for none else were then capable of an office so conversant in writing), and presiding over the royal chapel, he became keeper of the king's conscience; visitor, in right of the king, of all hospitals and colleges of the king's foundation; and patron of all the king's livings under the value of £20 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 in the kingdom. And all this over and above the vast extensive jurisdiction which he exercises in his judicial capacity in the court of chancery. He takes precedence of every temporal lord except the royal family, and of all others except the archbishop of Canterbury. See Chancery.
Scotland, was the chief in matters of justice. In the laws of King Malcolm II. he is placed 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, convolve 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 halls.
**Chancellor's Court.** See University-Courts.
**Chanceron,** in natural history, a name given by the French writers to the small caterpillar that eats the corn, and does vast mischief in their granaries. See the article Corn-Butterfly.
**Chancery,** the highest court of justice in Britain next to the parliament, and of very ancient institution. It has its name chancery (cancellaria) from the judge who presides here, the lord chancellor, or cancellarius; who, according to Sir Edward Coke, is so termed a cancellando, from cancelling the king's letters patent when granted contrary to law, which is the highest point of his jurisdiction. In chancery there are two distinct tribunals: the one ordinary, being a court of common law; the other extraordinary, being a court of equity.
1. The ordinary legal court holds pleas of recognizances acknowledged in the chancery, writs of scire facias, for repeal of letters patent, writs of partition, &c., and also of all personal actions by or against any officer of the court. Sometimes a supersedeas, or writ of privilege, hath been here granted to discharge a person out of prison; one from hence may have a habeas corpus prohibition, &c., in the vacation; and here a fulpana may be had to force witnesses to appear in other courts, when they have no power to call them. But, in prosecuting causes, if the parties defend to issue, this court cannot try it by jury; but the lord chancellor delivers the record into the king's bench to be tried there; and after trial had, it is to be remanded into the chancery, and there judgment given: tho' if there be a demurrer in law, it shall be argued in this court.
In this court is also kept the officina justitiae; out of which all original writs that pass under the great seal, all commissions of charitable uses, sewers, bankruptcy, idiocty,