« EelmineJätka »
King's Bench, as the supreme court of the person who obtains the privilege ordinary criminal jurisdiction. The 5 & is not discharged from his debts, but only 6 Wm. IV. c. 33, enacts that no certiorari from proceedings against his person for shall issue to remove indictments or pre- payment of past debts, his estate contisentments from inferior courts to the nuing to be liable to the operations of his Court of King's Bench, at the instance creditors. In Scotland, however, the of a prosecutor, without leave obtained common law means of attaching : from the court, as by a defendant. In order debtor's property are simple and effecto avoid the occurrence of frivolous ap- tual, and there does not appear to have peals, it is usual in statutes which give been there the same inducement as in summary jurisdiction to inferior tribunals England to make the process for the disto restrict, or altogether take away, the tribution of the debtor's effects an instruright to a certiorari.
ment of their discovery. The Scottish CE'SSIO BONORUM, in the law of system, moreover, cannot be used by the Scotland, is the name given to a process creditors as a means of compelling their by which, as by the insolvency system in debtor to distribute his estate. It is a England, the estate of an insolvent person privilege of the debtor, and being seldom who does not come within the operation resorted to except by persons in a state of of mercantile bankruptcy is attached and destitution who are harassed by vindictive distributed among his creditors. The creditors, the improvement of the system term is derived from the deed of cession, has not been a matter of much interest or the assignment by which, as the coun- either among lawyers or legislators. terpart of the relief afforded to him from CESSION. BENEFICE, p. 349.] the immediate operations of his creditors, CESTUI QUE TRUST. [TecSTEE.] the insolvent conveys his whole property CHALLENGE. [Jury.] for their behoof. Both the nomenclature CHAMBERLAIN (custos cubiculi, or and the early practice of the system are cubiculurius, keeper of the chamber). Cutaken from the Roman law. (Dig. 42, bicularius was the Roman name for a tit. 3, “ de cessione bonorum.") Accord- slave whose special business was to look ing to the more ancieni law, the person after the rooms or chambers in the house, released from prison on a cessio bonorum introduce visitors, and the like. The was bound to wear a motley garment cubicularius was thus a confidential slave called the dyvour's habit. In later times or freedman, as the case might be, and a this stigma became the penalty of fraud, kind of guardian of his master's person. and it was subsequently disused. Before Under the emperors the cubicularii were the passing of the late act, the jurisdiction officers in the imperial household ; and in the awarding of Cessio was entirely were called the “cubicularii sacri cubiconfined to the Court of Session, and the culi,” the chamberlains of the imperial insolvent was required to have been a chamber. (Cod. xii. tit. 5.) The emmonth in prison before he could sue out peror's wife, the Augusta, also had her the process. By 6 & 7 Will. IV.c. 56, the chamberlains. This office, like many system was remodelled. The process others in royal households, is derived may now be sned ont either in the Court from the usages of the later Roman Emof Session or in the sheriff's local court. pire. In the Anglo-Saxon times, in It may be taken advantage of by any | England, the chamberlain appears to person who is in prison for civil debt, or have had the name of Camerarius, and against whom such a writ of imprison- had the keeping of the king's treasure ment has issued. It proceeds on notice to (Ealred, in Vit. S. Edw. Confess., c. ii. the creditors, and an examination and p. 9), by which name this officer also surrender of the insolvent. Proceedings occurs in the Domesday Survey: The instituted in the Sheriff Court are liable word chamber (French, chambre) is from to review in the Court of Session. Cessio the Latin camera. bonorum exhibits, like the insolvency The office of lord great chamberlain system in England, this important differ- of England was once of the highest dig. ence from mercantile bankruptcy, that nity, and was held in grand serjeanty
from the second year of King Henry I. | the freemen who are liverymen. By án by the family of De Vere, from whom it act of common council of 5 Henry IV. passed, by a female heir, to the family of the office is an annual one, but it is very Bertie. By the statute of precedency, 31 rarely that the existing officer is opposed. Hen. VIII., the great chamberlain's place There has been no such opposition since was next to that of the lord privy seal. 1778. The duties of the chamberlain In 1714 the Marquess of Lindsay, then are judicial and administrative. He adhereditary great chamberlain of England, mits on oath all persons entitled to the having been raised to the dukedom of freedom of the city, and hears and deterAncaster, surrendered this precedency mines all matters of complaint between for himself and his heirs, except only masters and apprentices, and may comwhen he or they should be in the actual mit either. He may discharge the apexecátion of the duties of the said office, prentice from his indentures, and a part in attending the person of the king or of the premium may be recovered by a queen; or introducing a peer into the peculiar process in the Lord Mayor's House of Lords. This surrender was Court. An appeal is said to lie from the confirmed by 1 Geo. I. c. 3. The duties decision of the chamberlain to the lord which now devolve upon the great cham- mayor. The chamberlain has the conberlain are, the dressing and attending on servation of lands, monies, or goods of the king at his coronation; the care of citizens who die intestate, leaving orphans, the ancient Palace of Westminster ; the on the application of such orphans or provision of furniture for the Houses of others on their behalf, for which purpose Parliament, and for Westminster Hall, the chamberlain is deemed in law a corwhen used on great occasions; and attend- poration sole ; but such applications are ance upon peers at their creation, and now rarely made. As treasurer of the upon bishops when they perform their corporation he has to receive all rents, homage. On the death of Robert, the profits, and revenues of markets and other last duke of Ancaster but one, in 1779, items of receipt forming the income of the office of hereditary great chamberlain the corporation, and to pay all money on descended to his two sisters, Priscilla, account of the corporation upon competent Ladý Willoughby de Eresby, and Geor warrants or orders. The fixed annual ingiana Charlotte, Marchioness Cholmon- come of the chamberlain is 11601. 9s. 4d. : deley. The office is now jointly held by his “ancient bill of fees” is 94l. 45. athe families of Cholmondeley and Wil- year. He obtains an annual profit of loughby de Eresby, and the honours are from 10001. to 20001. from balances of enjoyed in each alternate reign by each the corporation money retained in his family successively.
hands. This principle of remunerating "The office of lord chamberlain of the a public officer is strongly objected to by king's household is changed with the the Commissioners of Corporation Inadministration. He has the control of quiry (Second Report, p. 102). all parts of the household (except the In the Exchequer Court of the County ladies of the queen's bed-chamber) which Palatine of Chester there is a chamberare not under the direction of the lord lain, an office generally held by some steward, the groom of the stole, or the mas- nobleman; and there is also a vice-chamter of the horse; the king's chaplains, phy- berlain. sicians, surgeons, &c., as well as the royal There was an officer called the chamtradesmen, are by his appointment; the berlain in two hundred and three of the companies of actors at the royal theatres, municipal corporations investigated in as part of the household, are under his 1834 by the Commissioners of Corporaregulation, and he is also the licenser of tion Inquiry. plays. [THEATRE.] One of the officers CHANCEL. This is rather a term of in his department is styled Examiner of ordinary discourse than one which would Plays.
be used in a technical description of the The chamberlain of the corporation of several parts of a Christian church. As the city of London is an officer elected by far as we have observed, it is now used
CHANCELLOR. [ 480 ) CHANCELLOR. to denote that part of a church in which Constantinopolitan court, was a chief the communion table or altar is placed, scribe or secretary (8 méyas Loyodéris), with the area before it, in which the con who was ultimately invested withs: judi gregation assemble when the Eucharist cial powers, and a general superintendis administered. An outcry was raised ence over the rest of the officers of the at the Reformation against the rubric emperor. He was called cancellarius prefixed to the Common Prayer, which because he sat intra cancellos (within the ordained that the chancels should remain lattice), a screen which divided off a por as in times past. The more ardent re- tion of a larger room for the sake of formers asserted that this ordinance tended greater privacy; from which ciącum. only to magnify the priesthood; and hence stance the chancel of a church also acs the modern practice of performing di- quires its name. vine service in the body of the church, The prelates of the Roman church had. though the chancel still semains as a | likewise an officer so called; in the Church separate part of the edifice. In many of England, each bishop has a chancellot, churches the Epistles and Gospels and who exercises judicial functions. All the the Commandments are read at the modern nations of Europe have or have communion-table, the proper place for had chancellors, though the powels and which is the chancel. The chancel was duties seem to have varied in each. often separated from the nave or body of In England the chancellor was origin the church by lattice-work, cancelli, and ally the king's chief seeretary, to whom it was from this circumstance that the petitions were referred, by whom patents term chancel seems to have originated and grants from the crown were approved The word cancelli is used by Cicero and and completed, and by whom reports other Latin writers to express a partition upon such matters were, if íecessary, made by upright and cross pieces of wood made to the king; hence he was squareor metal for the purpose of making any times styled Referendarius. This term barrier or separation in courts of justice, occurs in a charter of Ethelbert, A.D.605; in a theatre, and so forth.
and Selden (Treatise on the Office of In some churches we may hear of Chancellor) considers it synonymous with the chancel of a particular family. This chancellor, a name which, he says, first is in cases in which some particular occurs, in the history of England, in the family has had a private oratory within time of Edward the Elder, about 4.D. the church, which has usually been also 920. the burial-place of the family. These In the capacity of secretary he was the private chapels or chantries are some adviser of his master; prepared and made. times called chancels, for the same reason out his mandates, grants, and charols, that the great choir is sometimes so called; and finally (when seals came into use)
that is, in consequence of being divided affixed his seal. Hence, or perhaps per 'from the rest of the church by cancelli. canse in early times he was usually an
CHANCELLOR (in Latin, Cancellá- ecclesiastic, he became keeper of the ke's rius). The primary meaning of cancel-conscience, examiner of his patents, the larius is. “ qui ad cancellos assistit,” one officer by whom prerogative writs: were who is stationed at the lattice-work of a prepared, and keeper of the great seal. window or a door way, to introduce visi- | The last ecclesiastic who exercised the tors, &c. · A cancellarius in this sense office was John Williams, archbishop of was no more than a door-keeper. The York, who was lord keeper from July emperor Carinus made one of his cancel. 10, 1621, to November 1, 1625. his larii praefect of the city, a promotion which friend and secretary, John Hacket, who caused great dissatisfaction. (Vopiscus, became bishop of Lichfield and Coventry Carinus, c. 16.) In another sense, can wrote his life in a volume of singular incellarius was a kind of legal scribe, so terest, which he entitled “Scrinia Resecalled also from his position at the can- rata. celli of the courts of law. The cancella-1: The interference of the king, as the rius, under the later emperors, and in the source of justice, was frequently sought
against the decisions of the courts of law, the jurisdiction over idiots and lunatics where they worked injustice; and also in by special delegation from the crown. matters which were not cognizable in the He also exercises a special jurisdiction, ordinary courts, or in which, from the conferred upon him by various statutes, maintenance or protection afforded to his as original and appellate judge, as to adversary, the petitioner was unable to charitable uses, friendly societies, infant obtain redress. The jurisdiction with lunatic and idiot trustees, in certain apwhich the English chancellor is invested peals from the court of review, in bankhad its origin in this portion of discre- ruptcy, and in many other cases. He is tionary power, which was retained by the a conservator of the peace, and may king on the establishment of courts of award precepts and take recognizances to justice (Legal Judicature in Chancery keep the peace; and has concurrent jurisstated, p. 27, et seq.). Though the exer- diction with the other judges of the supecise of these powers in modern times is rior courts, with respect to writs of hascarcely, if at all, less circumscribed by beas corpus. Except in the case of serrule and precedent than the strict juris- vice of process, given to him by some diction of the courts of law [EQUITY], recent statutes, the lord chancellor has no controversies have at times arisen as to jurisdiction in Scotland. the powers of the chancellor; the parti The authority of lord chancellor and culars of one dispute have been preserved lord keeper are made the same by the to us entire. (The Jurisdiction of the stat. 5 Eliz. c. 18: it is not now custoCourt of Chancery vindicated. Printed at mary to appoint a lord keeper, and of the end of i Ch. Rep. and in the 1st vol. course there cannot now be a lord chanof Collect. Jurid.)
cellor and lord keeper at the same time. The style of the Chancellor in England The last lord keeper was Lord Henley, in is Lord High Chancellor of Great Britain. 1757. The great seal is however someHe takes rauk above all dukes not of the times put into commission during the blood royal, and next to the archbishop temporary vacancy of the office, or the of Canterbury. He is appointed by the sickness of the chancellor, the seal being delivery of the great seal into his custody, intrusted to the chief commissioner. though there are instances of his having (1 Will. and M. c. 21.) been appointed by patent. The resump The chancellor has also important polition of the great seal by the king deter- tical functions: he has a seat in the cabimines his office. By virtue of his office net, and usually takes an active part in he is the king's principal adviser in mat- public measures. He resigns office with ters of law, and a privy counsellor; the party to which he is attached. speaker and prolocutor of the House of By 3 & 4 Wm. IV. c. 111, § 3, in Lords, chief judge in the Court of Chan- consideration that the Chancellor had lost cery, and the head of the profession of the patronage of certain offices then abothe law; visitor in the king's right of all lished, the king is empowered to grant an hospitals and colleges of royal foundation; annuity of 5000l. a year to the Lord and patron of all crown livings under the Chancellor or Lord Keeper on his resigvalue of 201. a year, according to the va- nation of office. The salary of the Lord luation made in the reign of Henry VIII., Chancellor is 10,000l. a year, and is paid and confirmed in that of Elizabeth. (Be- out of the Suitors' Fee Fund. He has NEFICE, p. 352.] He appoints and re besides a salary as Speaker of the House moves alî justices of the peace, though of Lords. There is also a Lord High usually only at the recommendation of Chancellor of Ireland, whose authority lords-lieutenants of counties. He issues within his own jurisdiction is in most writs for summoning parliaments, and respects the same as that of the Lord transacts all business connected with the High Chancellor of Great Britain. The custody and use of the great seal. To salary of the Irish Chancellor, which is him was intrusted the care of infants and paid out of the Consolidated Fund, is their property upon the dissolution of the 8000l. a year. His retiring pension is court of wards and liveries: and he has 36921. a year. (Selden, Off: Ch.; Black
stone, Com. ; Story On Equity; and the appointment) he sits in court; but all the Books of Chancery Practice.) [CHAN- legal business is transacted by the barons. CERY.]
If the chief baron and barons are equally The Chancellor of a Diocese or of a divided in opinion, the Chancellor of the Bishop is Vicar-general to the bishop, Exchequer may be required to re-hear holds his courts, and directs and assists the cause with the barons, and give his him in matters of ecclesiastical law. He decision. The last instance occurred in has a freehold in his office, and he is not 1735, when Sir Robert Walpole gave his necessarily an ecclesiastic; but if he is a decision upon a question of considerable layman, or married, he must be a Doctor doubt and difficulty, which is said to have of the Civil Law. (Blackstone, Com.; 37 given great satisfaction. (Blackstone, H. VIII. c. 17.)
Com. ; Fowler's Exchequer Practice.) The Chancellor of a Cathedral is an The Chancellor of the Order of the officer who superintends the regularity of Garter and other orders of knighthood the religious services.
seals and authenticates the formal instruThe Chancellor of the Duchy of Lan- ments of the chapter, and keeps the regiscaster presides either in person or by ter of the order. He exercises various deputy in the court of the Duchy of Lan- functions at the installation of the knights, caster concerning all matters of equity and during their meetings and procese relating to lands holden of the king, in sions. right of the Duchy of Lancaster. His CHANCELLOR OF SCOTLAND, salary is 20001. a year, and that of the As in England, the chancellor of ScotVice-Chancellor is 600l.: the fees, which land was always a high officer of the amount to 301. or 40l. annually, are de- crown, and had great influence with the ducted from the salary The Vice-Chan- king and authority in his councils. As cellor holds courts both in Westminster in England too, that authority at length and in Lancashire.
extended itself beyond its former limits, The Chancellors of the Universities of and affected the whole judicial power of O.xford and Cambridge are elected by the the kingdom. Its operation and effect respective corporate bodies of which they in the two countries, however, was difare the heads; they exercise exclusive ju- ferent: for while in England the chanrisdiction in all civil actions and suits cellor only carved out for himself a juris. where a member of the University or diction in equity, in Scotland he reached privileged person is one of the parties, ex- the head of the administration of justice, cept in cases where the right to freehold and sat in a court which dispensed both is concerned. In both the English Uni- equity and common law, and the course versities the duties of the Chancellor are of proceeding in which all the other juin nearly all cases discharged by a Vice- dicatures of the realm were bound to Chancellor.
follow. The Chancellor of the Exchequer is In 1425, which was shortly after the under-treasurer, and holds the seal of the return of King James I. from his long Exchequer. The office of Lord High captivity in England, the “chancellor Treasurer is now executed by the Lords and with him certaine discreete persones Commissioners of the Treasury. The of the thre estates chosen and depute by Chancellor of the Exchequer is the prin the king” were erected into the court of cipal finance minister of the crown: the the session, for the final determinuion of office is sometimes held by the Prime all matters competent to the king and his Minister when he is a member of the council. The court of the session, how. House of Commons. The legal functions ever, expired with Bishop Wardlaw, from of the Chancellor of the Exchequer are whom in all likelihood it originated; the now merely formal. [EXCHEQUER.) Bills chancellor's office being taken, on his in the Exchequer were addressed to him, death, from his protégé, Bishop Cameron, and to the barons of that court, so long as and given to Sir William Crichton, a the equity jurisdiction of the Exchequer layman, when the former policy of deterexisted, and on some occasions (as on his mining suits by the old common law was