C H A 



735 



C H A 



granted contrary to law ; an etymology, however, 

 which is plainly inconsistent with the originally sub- 

 ordinate nature of the office. 



The Lord llili Chancellor of Great Britain is 

 the chief magistrate in the judicial establishment of 

 the country. He takes precedence of the nobility, 

 and also of all the spiritual lords, except the Arch- 

 bishop of Canterbury. The office is, jn later times, 

 conferred by his majesty merely delivering the custo- 

 dy of his great seal ; and is, in like manner, determi- 

 ned by the seal being resumed or resigned. It im- 

 plies a very high, and, in many respects, an unde- 

 fined authority in its judiciary capacity ; and- com- 

 prehends, besides, certain political dignities. With 

 regard to the former, though all other judges in Eng- 

 land are bound to give judgment by the strict rules 

 of law, yet the chancellor, like the ancient prztors, 

 has power to mitigate the severities which would 

 otherwise frequently arise from its undistinguishing 

 dictates, and to regulate his decisions sccimdnm ae* 

 quitm el bonnm. Or, in the words of Staundford, the 

 chancellor has two powers, one absolute, the other 

 ordinary ; meaning, that although, by his ordinary 

 power, he must, in some cases, observe the form of 

 proceeding as other judges, in his absolute power he 

 is not limited by the law, but by conscience and equi- 

 ty, according to the circumstances of things. lie- 

 tides this exclusive jurisdiction which he exercises in 

 his court of chancery, the justices of the peace 

 throughout the kingdom are of his appointment. 

 And having been formerly, for the most part, an ec- 

 clesiastic, when few else could be found sufficiently 

 learned for the office, he presided over the royal cha- 

 pel, and became what is called Keeper of the king's 

 conscience, a phrase, as we understand it, which im- 

 plies that he was a sort of chief confessor to the king, 

 or the expounder of bis casuistical difficulties on 

 points of religion and justice. He is also visitor, in 

 right of the king, of all hospitals and colleges of the 

 king's foundation, and patron of all the king's li- 

 vings under the value of twenty merks a-year in the 

 king's books. He is, besides, the general guardian 

 f all infants, ideots, and lunatics, and has the gene- 

 ral superintendence of charitable uses. With regard 

 to his political dignities, the principal seem to be that 

 of being a member of the privy council, in virtue of 

 his office, and also, (according to Lord Ellesmere,) 

 of being prolocutor of the House of Lords. 



Previously to the statute 5 Eliz. c. 18, the chan- 

 cellor and lord keeper were distinct officers, having 

 different powers ; but by that statute both officers 

 are declared to have one and the same power, so that 

 there cannot, since that statute, be a lord keeper and 

 a lord chancellor at the same time. 



With regard to the variety of inferior officers to 

 whom the appellation of chancellor has, in modern 

 times, been extended, we cannot take room to detail 

 any part of their different local or subordinate juris- 

 dictions and dignities. The principal officers so de- 

 nominated are, the chancellor of the exchequer, who 

 manages the royal revenues, and, along with the 

 treasurer, chief baron, and other judges, presides in 

 the court of equity held in the exchequer chamber ; 

 Chancellor of the order of the garter, and of other 

 military orders; chancellor of the duchy of Lancas- 

 ter, chancellors (tf universities; chancellors in cathe- 

 dral churches; and c/utncellor yf a diocese, or of a 



lithnn. See Selden's Ditcourte touching Ihr Ufr.e 



i>f Cimnr.cll k stone's Comm. &c. ( . refley, 



CHANCE-MEDLEY, ( [>. r/, ,-<-, hp. U s, and S?**^: 

 melt-r, misccre,) in the criminal law of England, u the * *"""" 

 lowest species of homicide to which punuhment at- 

 taches. It consists in killing a human being in telj'. 

 defence, upon occasion of any tudden (chance) quar- 

 rel. The self-defence munt, of course, be real, and 

 after every other expedient for self-preservation hn 

 failed, else the offence will rise to a manslaughter. 

 The offence differs from homicide by misadventure 

 in this, that the latter takes place in the cour*e of a 

 lawful act, where there is no intention of doing hurt, 

 as if a man is at work with a hatchet, and the head 

 of it fly off and kill a stander-by, whereas the former 

 is intentional, but necessary for the killer's own pre- 

 servation. And they agree in this, that the law pre- 

 sumes the occasion of the killing might have been 

 avoided in both cases ; in the one by greater care in 

 the choice and ms of the instrument ; in the other, 

 by avoiding the quarrel altogether, which required so 

 fatal a termination. The law, therefore, does not 

 hold it as a justifiable homicide, but, along with kill- 

 ing by misadventure, distinguishes it with the less 

 exculpatory term of excusable. Anciently the pu- 

 nishment was severe ; according to some writers no 

 less than death. It appears afterwards to have been 

 reduced to the more equitable forfeiture of a certain 

 portion of the delinquent's goods and chattels ; and 

 now, of a considerable time, it has been the practice 

 for the judge to direct an entire acquittal where the 

 jury cannot convict of at least a manslaughter. 



The word chaud-medley is sometimes used in place 

 of chance-medley. They are nearly of the same im- 

 port ; the only difference, which arises merely from 

 the etymology, being, that the former is critically 

 applicable, when reference is more particularly made 

 to the heat of blood or passion in which the killing 

 takes place ; the latter, when it is to the casual or 

 accidental nature of the rencounter. In common lan- 

 guage, chance-medley is made to comprehend homi- 

 cide by misadventure ; but it is distinguished both by 

 statute and law writers from every killing of that na- 

 ture, by the circumstance of self defence, in the man- 

 ner we have explained, (j B.) 



CHANCERY (cancellaria,) the high court of 

 judicature, in which the lord chancellor, in his judi- 

 cial character, exercises his very extensive authority. 

 It is of great antiquity, and is inferior only to the 

 parliament in point of dignity and power. Its juris- 

 diction is twofold, and is commonly distinguished into 

 ordinary and extraordinary. Each of these forms a 

 distinct tribunal, the former being governed by the 

 rules of common law, the latter by those of equity. 

 In the ordinary or common law court are held such 

 pleas as, the king being a party to them, are remediable 

 at common law, but by supplication to himself in the 

 person of his chancellor. Ol this kind are, plea upon 

 a scire facias, ** which is held," to use the words of 

 Blacktne, to repeal and cancel the king's letter* 

 patent when made against law, or upon untrue sugges- 

 tions ; plea of petitions, monstrous de droits ; traverses 

 of offices, and the like, when the king IMS been advised 

 to d</ any jet, or is put in possession of any lands or 

 goods in prejudice of a subject's right : on pn>of of 

 which, as the king can never be supposed to do any 

 wrong, the law questions not but he will immediate- 



