CHAMPEAUX, WILLIAM OF [GULIELMUS CAMPELLENSIS] (c. 1070-1121), French

philosopher and theologian was born at Champeaux near Melun. After

studying under Anselm of Laon and Roscellinus, he taught in the school

of the cathedral of Notre Dame, of which he was made canon in 1103.

Among his pupils was Abelard. In 1108 he retired into the abbey of St

Victor, where he resumed his lectures. He afterwards became bishop of

Chalons-sur-Marne, and took part in the dispute concerning investitures

as a supporter of Calixtus II., whom he represented at the conference of

Mousson. His only printed works are a fragment on the Eucharist

(inserted by Jean Mabillon in his edition of the works of St Bernard),

and the _Moralia Abbreviata_ and _De Origine Animae_ (in E. Martene's

_Thesaurus novus Anecdotorum_, 1717, vol. 5). In the last of these he

maintains that children who die unbaptized must be lost, the pure soul

being denied by the grossness of the body, and declares that God's will

is not to be questioned. He upholds the theory of Creatianism (that a

soul is specially created for each human being). Ravaisson-Mollien has

discovered a number of fragments by him, among which the most important

is the _De Essentia Dei et de Substantia Dei_; a _Liber Sententiarum_,

consisting of discussions on ethics and Scriptural interpretation, is

also ascribed to Champeaux. He is reputed the founder of Realism. For

his views and his controversy with Abelard, see SCHOLASTICISM and

ABELARD.

See Victor Cousin, introduction to his _Ouvrages inedits d'Abelard_

(1836), and _Fragments pour servir a l'histoire de la philosophie_

(1865); G.A. Patru, _Wilhelmi Campellensis de natura et de origine

rerum placita_ (1847); E. Michaud, _Guillaume de Champeaux et les

ecoles de Paris au XIIe siecle_ (2nd ed., 1868); "William of Champeaux

and his Times" in _Christian Observer_, lxxii. 843; B. Haureau, _De la

philosophie scolastique_ (Paris, 1850); Opuscula in J.P. Migne's

_Patrologia_, clxiii.

CHAMPERTY, or CHAMPARTY (Lat. _campi partitio_, O. Fr. _champ parti_),

in English law, a bargain between a plaintiff or defendant in a cause

and another person, to divide the land (_campum partiri_) or other

matter sued for, if they prevail, in consideration of that person

carrying on or defending the suit at his own expense. It is a

misdemeanour punishable by fine or imprisonment. It differs only from

maintenance (q.v.), in that the recompense for the service which has

been given is always part of the matter in suit, or some profit growing

out of it. So an agreement by a solicitor not to charge costs on

condition of retaining for himself a share of the sums recovered would

be illegal and void. It is not, however, champerty to charge the

subject-matter of a suit in order to obtain the means of prosecuting it.

See _Fifth Report of the Criminal Law Commissioners_, pp. 34-9.

CHAMPION (Fr. _champion_, Late Lat. _campio_ from _campus_, a field or

open space, i.e. one "who takes the field" or fights; cf. Ger. _Kampf_,

battle, and _Kampfer_, fighter), in the judicial combats of the middle

ages the substitute for a party to the suit disabled from bearing arms

or specially exempt from the duty to do so (see WAGER). Hence the word

has come to be applied to any one who "champions," or contends on behalf

of, any person or cause. In the laws of the Lombards (lib. ii. tit. 56

SS 38, 39), those who by reason of youth, age or infirmity could not

bear arms were allowed to nominate champions, and the same provision was

made in the case of women (lib. i. tit. 3 S 6, tit. 16, S2). This was

practically the rule laid down in all subsequent legislation on the

subject. Thus the _Assize of Jerusalem_ (cap. 39) says: "These are the

people who may defend themselves through champions; a woman, a sick man,

a man who has passed the age of sixty, &c." The clergy, too, whether as

individuals or corporations, were represented by champions; in the case

of bishops and abbots this function was part of the duties of the

_advocatus_ (see ADVOCATE). Du Cange gives instances of mercenary

champions (_campiones conductitii_), who were regarded as "infamous

persons" and sometimes, in case of defeat, were condemned to lose hand

or foot. Sometimes championships were "serjeanties," i.e. rendered

service to lords, churches or cities in consideration of the grant of

certain fiefs, or for annual money payments, the champion doing homage

to the person or corporation represented by him (_campiones homagii_).

The office of "king's champion" (_campio regis_) is peculiar to England.

The function of the king's champion, when the ceremonial of the

coronation was carried out in its completeness, was to ride, clad in

complete armour, on his right the high constable, on his left the earl

marshal, into Westminster Hall during the coronation banquet, and

challenge to single combat any who should dispute the king's right to

reign. The challenge was thrice repeated by the herald, at the entrance

to the hall, in the centre, and at the foot of the dais. On picking up

his gauntlet for the third time the champion was pledged by the king in

a gilt-covered cup, which was then presented to him as his fee by the

king. If he had had occasion to fight, and was victorious, his fee would

have been the armour he wore and the horse he rode, the second best in

the royal stables; but no such occasion has ever arisen. This

picturesque ceremonial was last performed at the coronation of George

IV. The office of king's champion is of great antiquity, and its origins

are involved in great obscurity. It is said to have been held under

William the Conqueror by Robert or Roger Marmion, whose ancestors had

been hereditary champions in Normandy. The first authentic record,

however is a charter of Henry I., signed by Robert Marmion (_Robertus de

Bajucis campio regis_). Of the actual exercise of the office the

earliest record dates from the coronation of Richard II. On this

occasion the champion, Sir John Dymoke, appeared at the door of the

Abbey immediately after the coronation mass, but was peremptorily told

to go away and return later; moreover, in his bill presented to the

court of claims, he stated that the champion was to ride in the

procession before the service, and make his challenge to all the world.

This seems to show that the ceremony, as might be expected, was

originally performed _before_ the king's coronation, when it would have

had some significance. The office of king's champion is hereditary, and

is now held by the family of Dymoke (q.v.).

See Du Cange, _Glossarium_, s.v. "Campio"; L.G. Wickham Legg,

_English Coronation Records_ (Westminster, 1901); J.H.T. Perkins,

_The Coronation Book_ (London, 1902).

CHAMPIONNET, JEAN ETIENNE (1762-1800), French general, enlisted in the

army at an early age and served in the great siege of Gibraltar. When

the Revolution broke out he took a prominent part in the movement, and

was elected by the men of a battalion to command them. In May 1793 he

was charged with the suppression of the disturbances in the Jura, which

he quelled without bloodshed. Under Pichegru he took part in the Rhine

campaign of that year as a brigade commander, and at Weissenburg and in

the Palatinate won the warm commendation of Lazare Hoche. At Fleurus his

stubborn fighting in the centre of the field contributed greatly to

Jourdan's victory. In the subsequent campaigns he commanded the left

wing of the French armies on the Rhine between Neuwied and Dusseldorf,

and took a great part in all the successful and unsuccessful expeditions

to the Lahn and the Main. In 1798 Championnet was named

commander-in-chief of the "army of Rome" which was protecting the infant

Roman republic against the Neapolitan court and the British fleet.

Nominally 32,000 strong, the army scarcely numbered 8000 effectives,

with a bare fifteen cartridges per man. The Austrian general Mack had a

tenfold superiority in numbers, but Championnet so well held his own

that he ended by capturing Naples itself and there setting up the

Parthenopean Republic. But his intense earnestness and intolerance of

opposition soon embroiled him with the civilians, and the general was

recalled in disgrace. The following year, however, saw him again in the

field as commander-in-chief of the "army of the Alps." This, too, was at

first a mere paper force, but after three months' hard work it was able

to take the field. The campaign which followed was uniformly

unsuccessful, and, worn out by the unequal struggle, Championnet died at

Antibes on the 9th of January 1800. In 1848 a statue was erected in his

honour at Valence.

See A.R.C. de St Albin, _Championnet, ou les Campagnes de Hollande, de

Rome et de Naples_ (Paris, 1860).

CHAMPLAIN, SAMUEL DE (1567-1635), French explorer, colonial pioneer and

first governor of French Canada, was born at Brouage, a small French

port on the Bay of Biscay, in 1567. His father was a sea captain, and

the boy was early skilled in seamanship and navigation. He entered the

army of Henry IV., and served in Brittany under Jean d'Aumont, Francois

de St Luc and Charles de Brissac. When the army of the League was

disbanded he accompanied his uncle, who had charge of the ships in which

the Spanish allies were conveyed home, and on reaching Cadiz secured

(1599) the command of one of the vessels about to make an expedition to

the West Indies. He was gone over two years, visiting all the principal

ports and pushing inland from Vera Cruz to the city of Mexico. The MS.

account of his adventures, _Bref Discours des Choses plus remarquables

que Samuel Champlain de Brouage a recognues aux Indes Occidentales_, is

in the library at Dieppe. It was not published in French until 1870,

although an English translation was printed by the Hakluyt Society in

1859. It contains a suggestion of a Panama Canal, "by which the voyage

to the South Sea would be shortened by more than 1500 leagues." In 1603

Champlain made his first voyage to Canada, being sent out by Aymar de

Clermont, seigneur de Chastes, on whom the king had bestowed a patent.

Champlain at once established friendly relations with the Indians and

explored the St Lawrence to the rapids above Montreal. On his return he

published an interesting and historically valuable little book, _Des

sauvages, ou voyage de Samuel Champlain de Brouage fait en la France

Nouvelle_. During his absence de Chastes had died, and his privileges

and fur trade monopolies were conferred upon Pierre de Guast, sieur de

Monts (1560-1611). With him, in 1604, Champlain was engaged in exploring

the coast as far south as Cape Cod, in seeking a site for a new

settlement, and in making surveys and charts. They first settled on an

island near the mouth of the St Croix river, and then at Port Royal--now

Annapolis, N.S.

Meanwhile the Basques and Bretons, asserting that they were being ruined

by de Monts' privileges, got his patent revoked, and Champlain returned

with the discouraged colonists to Europe. When, however, in modified

form, the patent was re-granted to his patron Champlain induced him to

abandon Acadia and establish a settlement on the St Lawrence, of the

commercial advantages of which, perhaps even as a western route to China

and Japan, he soon convinced him. Champlain was placed in command of one

of the two vessels sent out. He was to explore and colonize, while the

other vessel traded, to pay for the expedition. Champlain fixed on the

site of Quebec and founded the first white settlement there in July

1608, giving it its present name. In the spring he joined a war party of

Algonquins and Hurons, discovered the great lake that bears his name,

and, near the present Ticonderoga, took with his arquebus an important

part in the victory which his savage friends obtained over the Iroquois.

The Iroquois naturally turned first to the Dutch and then to the English

for allies. "Thus did new France rush into collision with the redoubted

warriors of the Five Nations. Here was the beginning, and in some

measure doubtless the cause, of a long suite of murderous conflicts,

bearing havoc and flame to generations yet unborn" (Parkman). Champlain

returned to France and again related to Henry IV.--who had previously

learned his worth and had pensioned him--his exciting adventures. De

Monts failed to secure a renewal of his patent, but resolved to proceed

without it. Champlain was again (1611) in Canada, fighting for and

against the Indians and establishing a trading post at Mont Royal (see

MONTREAL). He was the third white man to descend, and the second to

descend successfully, the Lachine Rapids. De Monts, now governor of

Paris, was too busy to occupy himself in the waning fortunes of the

colony, and left them entirely to his associate. An influential

protector was needed; and Champlain prevailed upon Charles de Bourbon,

comte de Soissons, to interest himself to obtain from the king the

appointment of lieutenant-general in New France. The comte de Soissons

died almost immediately, and was succeeded in the office by Henri de

Bourbon, prince de Conde, and he, like his predecessors and successors,

retained Champlain as lieutenant-governor. "In Champlain alone was the

life of New France. By instinct and temperament he was more impelled to

the adventurous toils of exploration than to the duller task of building

colonies. The profits of trade had value in his eyes only as means to

these ends, and settlements were important chiefly as a base of

discovery. Two great objects eclipsed all others,--to find a route to

the Indies, and to bring the heathen tribes into the embraces of the

Church, since, while he cared little for their bodies, his solicitude

for their souls knew no bounds" (Parkman).

In 1613 Champlain again crossed the Atlantic and endeavoured to confirm

Nicolas de Vignau's alleged discovery of a short route to the ocean by

the Ottawa river, a great lake at its source, and another river flowing

north therefrom. That year he got as far as Allumette Island in the

Ottawa, but two years later, with a "Great War Party" of Indians, he

crossed Lake Nipissing and the eastern ends of Lakes Huron and Ontario,

and made a fierce but unsuccessful attack on an Onondaga fortified town

a few miles south of Lake Oneida. This was the end of his wanderings. He

now devoted himself to the growth and strengthening of Quebec. Every

year he went to France with this end in view. He was one of the hundred

associates of the Company of New France, created by Richelieu to reform

abuses and take over all his country's interests in the new world. These

ill-defended possessions England now prepared to seize. Three ships were

sent out under letters of marque commanded by David, Lewis and Thomas

Kirke, and Quebec, already on the verge of starvation, was compelled to

surrender (1629). Champlain was taken to England a prisoner, but when

Canada was restored to the French he returned (1633) to his post, where

he died on the 25th of December 1635. He had married in 1610, Helene

Boulle, then but twelve years old. She did not leave France for Canada,

however, until ten years later. After his death she became a nun.

Champlain's complete works in 6 vols. were published under the

patronage of the university of Laval in 1870. There is a careful

translation of _Champlain's Voyages_, by Professor and Mrs E.G. Bourne

in the "Trailmaker" series edited by Prof. J.B. McMaster. See F.

Parkman, _Pioneers of France in the New World_ (1865); J. Winsor,

_Cartier to Frontenac_ (1894); N.E. Dionne, _Champlain_ (1905).

(N. E. D.)

CHAMPLAIN, a lake lying between the states of New York and Vermont,

U.S.A., and penetrating for a few miles into Canada. It extends about

130 m. from N. to S., varies from 1/4 m. to 1 m. in width for 40 m. from

its S. terminus, and then widens until it reaches a maximum width of

about 11 m. near Ausable Point. Its area is about 500 sq. m. Its surface

is 96 ft. above the sea. In the north part it is generally from 200 to

300 ft. deep; opposite Essex, N.Y., near its middle, the depth

increases to 400 ft.; but farther south it is much less; throughout the

greater part of the lake there is a depth of water of more than 100 ft.

Since the lake is caused by the ponding of water in a broad irregular

valley, the shore line is nearly everywhere much broken, and in the

northern portion are several islands, both large and small, most of

which belong to Vermont. These islands divide the lake's northern end

into two large arms which extend into Canada. From the western arm the

Richelieu river flows out, carrying the water of Champlain to the St

Lawrence. The waters abound in salmon, salmon-trout, sturgeon and other

fish, and are navigated from end to end by large steamboats and vessels

of considerable tonnage. The lake was formerly the seat of extensive

traffic, especially in lumber, but navigation has greatly decreased; the

tonnage entering and clearing at the lake was twice as great in the

early '70's as it was thirty years later. The principal ports are

Burlington, Vt., and Plattsburg, N.Y. Lake Champlain lies in a valley

from 1 to 30 m. wide, between the Green Mountains on the east and the

Adirondack Mountains on the west, and the scenery is most picturesque.

On the east side is a rather gradual ascent for 20 m. or more from shore

to summit, while on the west side the ascent is by a succession of

hills, in some places from the water's edge. North of Crown Point low

mountains rise 1000 to 1600 ft. above the lake, and behind these are the

higher peaks of the Adirondacks, reaching an elevation of more than 5000

ft. Lake George is a tributary on the south, several small streams flow

in from each side; the Champlain Canal, 63 m. in length, connects the

lake with the Hudson river; and through the Richelieu it has a natural

outlet to the north into the St Lawrence.

Lake Champlain was named from Samuel de Champlain, who discovered it in

July 1609. The valley is a natural pathway between the United States and

Canada, and during the various wars which the English have waged in

America it had great strategic importance. In 1731 the French built a

fort at Crown Point; in 1756, another at Ticonderoga; and both were

important strategic points in the French and Indian War as well as in

the American War of Independence. On the 11th of October 1776, the first

battle between an American and a British fleet, the battle of Valcour

Island, was fought on the lake. Benedict Arnold, the American commander,

with a decidedly inferior force, withstood the British under Thomas

Pringle for about seven hours, and then during the night escaped through

the enemy's line. Although overtaken the next day he again, after a

fight of a few hours, made a successful retreat.

At the beginning of the War of 1812 the American naval force on the

lake, though very small, was superior to that of the British, but on the

3rd of June 1813 the British captured two American sloops in the narrow

channel at the northern end and gained supremacy. Both sides now began

to build and equip vessels for a decisive contest; by May 1814 the

Americans had regained supremacy, and four months later a British land

force of 11,000 men under Sir George Prevost (1767-1816) and a naval

force of 16 vessels of about 2402 tons with 937 men and 92 guns under

Captain George Downie (d. 1814) confronted an American land force of

1500 men under Brigadier-General Alexander Macomb (1782-1841), strongly

entrenched at Plattsburg, and an American naval force (anchored in

Plattsburg Bay) of 14 vessels of about 2244 tons with 882 men and 86

guns under Commodore Thomas Macdonough (1783-1825). In the open lake the

British naval force should have been the superior, but at anchor in the

bay the Americans had a decided advantage. Expecting the British land

force to drive the American fleet from its anchorage, Captain Downie, on

the 11th of September 1814, began the battle of Lake Champlain. It had

continued only fifteen minutes when he was killed; the land force failed

to co-operate, and after a severe fight at close range for 2-1/2 hours,

during which the British lost about 300 men, the Americans 200 and the

vessels of both sides were greatly shattered, the British retreated both

by land and by water, abandoning their plan of invading New York.

See C.E. Peet, "Glacial and Post-Glacial History of the Hudson and

Champlain Valleys," in vol. xii. of the _Journal of Geology_

(Chicago, 1904); P.S. Palmer, _History of Lake Champlain_ (Albany.

1866); and Capt. A.T. Mahan, _Sea Power in its Relations to the War of

1812_ (2 vols., Boston, 1905).

CHAMPMESLE, MARIE (1642-1698), French actress, was born in Rouen of a

good family. Her father's name was Desmares. She made her first

appearance on the stage at Rouen with Charles Chevillet (1645-1701), who

called himself sieur de Champmesle, and they were married in 1666. By

1669 they were playing in Paris at the Theatre du Marais, her first

appearance there being as Venus in Boyer's _Fete de Venus_. The next

year, as Hermione in Racine's _Andromaque_, she had a great success at

the Hotel de Bourgogne. Her intimacy with Racine dates from then. Some

of his finest tragedies were written for her, but her repertoire was not

confined to them, and many an indifferent play--like Thomas Corneille's

_Ariane_ and _Comte d'Essex_--owed its success to "her natural manner of

acting, and her pathetic rendering of the hapless heroine." _Phedre_ was

the climax of her triumphs, and when she and her husband deserted the

Hotel de Bourgogne (see BEJART _ad fin._), it was selected to open the

Comedie Francaise on the 26th of August 1680. Here, with Mme Guerin as

the leading comedy actress, she played the great tragic love parts for

more than thirty years, dying on the 15th of May 1698. La Fontaine

dedicated to her his novel _Belphegor_, and Boileau immortalized her in

verse. Her husband distinguished himself both as actor and playwright,

and his _Parisien_ (1682) gave Mme Guerin one of her greatest successes.

Her brother, the actor NICOLAS DESMARES (c. 1650-1714), began as a

member of a subsidized company at Copenhagen, but by her influence he

came to Paris and was received in 1685 _sans debut_--the first time such

an honour had been accorded--at the Comedie Francaise, where he became

famous for peasant parts. His daughter, to whom Christian V. and his

queen stood sponsors, CHRISTINE ANTOINETTE CHARLOTTE DESMARES

(1682-1753), was a fine actress in both tragedy and soubrette parts. She

made her debut at the Comedie Francaise in 1699, in La Grange Chancel's

_Oreste et Pylade_, and was at once received as _societaire_. She

retired in 1721.

CHAMPOLLION, JEAN FRANCOIS (1790-1832), French Egyptologist, called LE

JEUNE to distinguish him from Champollion-Figeac (q.v.), his elder

brother, was born at Figeac, in the department of Lot, on the 23rd of

December 1790. He was educated by his brother, and was then appointed

government pupil at the Lyceum, which had recently been founded. His

first work (1804) was an attempt to show by means of their names that

the giants of the Bible and of Greek mythology were personifications of

natural phenomena. At the age of sixteen (1807) he read before the

academy of Grenoble a paper in which he maintained that the Coptic was

the ancient language of Egypt. He soon after removed to Paris, where he

enjoyed the friendship of Langles, De Sacy and Millin. In 1809 he was

made professor of history in the Lyceum of Grenoble, and there published

his earlier works. Champollion's first decipherment of hieroglyphics

dates from 1821. In 1824 he was sent by Charles X. to visit the

collections of Egyptian antiquities in the museums of Turin, Leghorn,

Rome and Naples; and on his return he was appointed director of the

Egyptian museum at the Louvre. In 1828 he was commissioned to undertake

the conduct of a scientific expedition to Egypt in company with

Rosellini, who had received a similar appointment from Leopold II.,

grand duke of Tuscany. He remained there about a year. In March 1831 he

received the chair of Egyptian antiquities, which had been created

specially for him, in the College de France. He was engaged with

Rosellini in publishing the results of Egyptian researches at the

expense of the Tuscan and French governments, when he was seized with a

paralytic disorder, and died at Paris in 1832. Champollion, whose claims

were hotly disputed for many years after his death, is now universally

acknowledged to have been the founder of Egyptology.

He wrote _L'Egypte sous les Phraons_ (2 vols. 8vo, 1814); _Sur

l'ecriture hieratique_ (1821); _Sur l'ecriture demotique_; _Precis du

systeme hieroglyphique_, &c. (1824); _Pantheon egyptien, ou collection

des personnages mythologiques de l'ancienne Egypte_ (incomplete);

_Monumens de l'Egypte et de la Nubie consideres par rapport a

l'histoire, la religion, &c._; _Grammaire egyptienne_ (1836), and

_Dictionnaire egyptienne_(1841), edited by his brother; _Analyse

methodique du texte demotique de Rosette_; _Apercu des resultats

historiques de la decouverte de l'alphabet hieroglyphique_ (1827);

_Memoires sur les signes employes par les Egyptiens dans leurs trois

systemes graphiques a la notation des principales divisions du temps_;

_Lettres ecrites d'Egypte et de Nubie_ (1833); and also seveial

letters on Egyptian subjects, addressed at different periods to the

duc de Blacas and others.

See H. Hartleben, _Champollion, sein Leben und sein Werk_ (2 vols.,

1906); also EGYPT: _Language and Writing_ (_ad init._).

CHAMPOLLION-FIGEAC, JACQUES JOSEPH (1778-1867), French archaeologist,

elder brother of Jean Francois Champollion, was born at Figeac in the

department of Lot, on the 5th of October 1778. He became professor of

Greek and librarian at Grenoble, but was compelled to retire in 1816 on

account of the part he had taken during the Hundred Days. He afterwards

became keeper of manuscripts at the Bibliotheque Nationale in Paris, and

professor of palaeography at the Ecole des Chartes. In 1849 he became

librarian of the palace of Fontainebleau. He edited several of his

brother's works, and was also author of original works on philological

and historical subjects, among which may be mentioned _Nouvelles

recherches sur les patois ou idiomes vulgaires de la France_ (1809),

_Annales de Lagides_ (1819) and _Chartes latines sur papyrus du VIe

siecle de l'ere chretienne_. His son AIME (1812-1894) became his

father's assistant at the Bibliotheque Nationale, and besides a number

of works on historical subjects wrote a biographical and bibliographical

study of his family in _Les Deux Champollion_ (Grenoble, 1887).

CHANCE (through the O. Fr. _cheance_, from the Late Lat. _cadentia_,

things happening, from _cadere_, to fall out, happen; cf. "case"), an

accident or event, a phenomenon which has no apparent or discoverable

cause; hence an event which has not been expected, a piece of good or

bad fortune. From the popular idea that anything of which no assignable

cause is known has therefore no cause, chance (Gr. [Greek: tuche]) was

regarded as having a substantial objective existence, being itself the

source of such uncaused phenomena. For the philosophic theories relating

to this subject see ACCIDENTALISM.

"Chance," in the theory of probability, is used in two ways. In the

stricter, or mathematical usage, it is synonymous with probability; i.e.

if a particular event may occur in n ways in an aggregate of p events,

then the "chance" of the particular event occurring is given by the

fraction _n/p_. In the second usage, the "chance" is regarded as the

ratio of the number of ways which a particular event may occur to the

number of ways in which it may not occur; mathematically expressed, this

chance is _n/(p-n)_ (see PROBABILITY). In the English law relating to

gaming and wagering a distinction is drawn between games of chance and

games of skill (see GAMING AND WAGERING).

CHANCEL (through O. Fr. from Lat. plur. _cancelli_, dim. of _cancer_,

grating, lattice, probably connected with an Indo-European root _Kar_-,

to bend; cf. circus, curve, &c.), in the earliest and strictest sense

that part of a church near the altar occupied by the deacons and

sub-deacons assisting the officiating priest, this space having

originally been separated from the rest of the church by _cancelli_ or

lattice work. The word _cancelli_ is used in classical Latin of a

screen, bar or the like, set to mark off an enclosed space in a building

or in an open place. It is thus used of the bar in a court of justice

(Cicero, _Verres_, ii. 3 seq.). It is particularly used of the lattice

or screen in the ancient basilica, which separated the _bema_, or raised

tribunal, from the rest of the building. The use of the name in

ecclesiastical buildings is thus natural, for the altar stood in the

place occupied by the _bema_ in the apse of the basilica. From the

screen the term was early transferred to the space _inter cancellos_,

i.e. the _locus altaris cancellis septus_. This railed-off space is now

generally known among Roman Catholics as the "sanctuary," the word

chancel being little used. In the Church of England, however, the word

chancel survived the Reformation, and is applied, both in the

ecclesiastical and the architectural sense, to that part of the church

occupied by the principal altar or communion table and by the clergy and

singers officiating at the chief services; it thus includes presbytery,

chancel proper and choir (q.v.), and in this sense, in the case of

cathedrals and other large churches, is often used synonymously with

choir. In this more inclusive sense the early basilican churches had no

chancels, which were a comparatively late development; the _cancelli_,

e.g. of such a church as San Clemente at Rome are equivalent not to the

"chancel screen" of a medieval church but to the "altar rails" that

divide off the sanctuary. In churches of the type that grew to its

perfection in the middle ages the chancels are clearly differentiated

from the nave by structural features: by the raising of the floor level,

by the presence of a "chancel arch," and by a chancel or rood screen

(see ROOD). The chancel screen might be no more than a low barrier, some

4 ft. high, or a light structure of wood or wrought iron; sometimes,

however, they were massive stone screens, which in certain cases were

continued on either side between the piers of the choir and (on the

European continent) round the east end of the sanctuary, as in the

cathedrals of Paris, Bourges, Limoges, Amiens and Chartres. These

screens served the purpose, in collegiate and conventual churches, of

cutting off the space reserved for the services conducted for and by the

members of the chapter or community. For popular services a second high

altar was usually set up to the west of the screen, as formerly at

Westminster Abbey. In parish churches the screen was set, partly to

differentiate the space occupied by the clergy from that reserved for

the laity, partly to support the representation of the crucifixion known

as the Rood. In these churches, too, the chancel is very usually

structurally differentiated by being narrower and, sometimes, less high

than the nave.

In the Church of England, the duty of repairing the chancel falls upon

the parson by custom, while the repair of the body of the church falls

on the parishioners. In particular cases, as in certain London churches,

the parishioners also have to repair the chancel. Where there are both a

rector and a vicar the repairs are shared between them, and this is also

the case where the rector is a lay impropriator. By the rubric of the

English Prayer Book "the chancels shall remain as they have done in

times past," i.e. distinguished from the body of the church by some

partition sufficient to separate the two without interfering with the

view of the congregation. At the Reformation, and for some time after,

this distinction was regarded by the dominant Puritan party as a mark of

sacerdotalism, and services were commonly said in other parts of the

church, the chancels being closed and disused. The rubric, however,

directs that "'Morning and Evening Prayer' shall be used in the

accustomed place in the church, chapel or chancel, except it shall be

otherwise determined by the Ordinary." Chancel screens, with or without

gates, are lawful, but chancellors of dioceses have refused to grant a

faculty to erect gates, as unnecessary or inexpedient.

CHANCELLOR (M. Eng. and Anglo-Fr. _canceler_, _chanceler_, Fr.

_chancelier_, Lat. _cancellarius_), an official title used by most of

the peoples whose civilization has arisen directly or indirectly out of

the Roman empire. At different times and in different countries it has

stood and stands for very various duties, and has been, and is, borne by

officers of various degrees of dignity. The original chancellors were

the _cancelarii_ of Roman courts of justice, ushers who sat at the

_cancelli_ or lattice work screens of a "basilica" or law court, which

separated the judge and counsel from the audience (see CHANCEL). In the

later Eastern empire the _cancellarii_ were promoted at first to

notarial duties. The barbarian kingdoms which arose on the ruin of the

empire in the West copied more or less intelligently the Roman model in

all their judicial and financial administration. Under the Frankish

kings of the Merovingian dynasty the _cancellarii_ were subordinates of

the great officer of state called the _referendarius_, who was the

predecessor of the more modern chancellor. The office became established

under the form _archi-cancellarius_, or chief of the _cancellarii_.

Stubbs says that the Carolingian chancellor was the royal notary and the

arch-chancellor keeper of the royal seal. His functions would naturally

be discharged by a cleric in times when book learning was mainly

confined to the clergy. From the reign of Louis the Pious the post was

held by a bishop. By an equally natural process he became the chief

secretary of the king and of the queen, who also had her chancellor.

Such an office possessed an obvious capacity for developing on the

judicial as well as the administrative side. Appeals and petitions of

aggrieved persons would pass through the chancellor's hands, as well as

the political correspondence of the king. Nor was the king the only man

who had need of a chancellor. Great officers and corporations also had

occasion to employ an agent to do secretarial, notarial and judicial

work for them, and called him by the convenient name of chancellor. The

history of the office in its many adaptations to public and private

service is the history of its development on judicial, administrative,

political, secretarial and notarial lines.

The chancellor in England.

The model of the Carolingian court was followed by the medieval states

of Western Europe. In England the office of chancellor dates back to the

reign of Edward the Confessor, the first English king to use the Norman

practice of sealing instead of signing documents; and from the Norman

Conquest onwards the succession of chancellors is continuous. The

chancellor was originally, and long continued to be, an ecclesiastic,

who combined the functions of the most dignified of the royal chaplains,

the king's secretary in secular matters, and keeper of the royal seal.

From the first, then, though at the outset overshadowed by that of the

justiciar, the office of chancellor was one of great influence and

importance. As chaplain the chancellor was keeper of the king's

conscience; as secretary he enjoyed the royal confidence in secular

affairs; as keeper of the seal he was necessary to all formal

expressions of the royal will. By him and his staff of chaplains the

whole secretarial work of the royal household was conducted, the

accounts were kept under the justiciar and treasurer, writs were drawn

up and sealed, and the royal correspondence was carried on. He was, in

fact, as Stubbs puts it, a sort of secretary of state for all

departments. "This is he," wrote John of Salisbury (d. 1180), "who

cancels (_cancellat_) the evil laws of the realm, and makes equitable

(_aequa_) the commands of a pious prince," a curious anticipation of the

chancellor's later equitable jurisdiction. Under Henry II., indeed, the

chancellor was already largely employed in judicial work, either in

attendance on the king or in provincial visitations; though the peculiar

jurisdiction of the chancery was of later growth. By this time, however,

the chancellor was "great alike in Curia and Exchequer"; he was

_secundus a rege_, i.e. took precedence immediately after the justiciar,

and nothing was done either in the Curia or the exchequer without his

consent. So great was his office that William FitzStephen, the

biographer of Becket, tells us that it was not purchasable (_emenda non

est_), a statement which requires modification, since it was in fact

more than once sold under Henry I., Stephen, Richard and John (Stubbs,

_Const. Hist._ i. pp. 384-497; Gneist, _Const. Hist. of England_, p.

219), an evil precedent which was, however, not long followed.

The judicial duties of the chancellor grew out of the fact that all

petitions addressed to the king passed through his hands. The number and

variety of these became so great that in 1280, under Edward I., an

ordinance was issued directing the chancellor and the justices to deal

with the greater number of them; those which involved the use of the

great seal being specially referred to the chancellor. The chancellor

and justices were to determine which of them were "so great, and of

grace, that the chancellor and others would not despatch them without

the king," and these the chancellor and other chief ministers were to

carry in person to the king (Stubbs ii. 263, note, and p. 268). At this

period the chancellor, though employed in equity, had ministerial

functions only; but when, in the reign of Edward III., the chancellor

ceased to follow the court, his tribunal acquired a more definite

character, and petitions for grace and favour began to be addressed

primarily to him, instead of being merely examined and passed on by him

to the king; and in the twenty-second year of this reign matters which

were of grace were definitely committed to the chancellor for decision.

This is the starting-point of the equitable jurisdiction of the

chancellor, whence developed that immense body of rules, supplementing

the deficiencies or modifying the harshness of the common law, which is

known as Equity (q.v.).

The chancellor in parliament.

The position of the chancellor as speaker or prolocutor of the House of

Lords dates from the time when the ministers of the royal Curia formed

_ex officio_ a part of the _commune concilium_ and parliament. The

chancellor originally attended with the other officials, and he

continued to attend _ex officio_ after they had ceased to do so. If he

chanced to be a bishop, he was summoned regularly _qua_ bishop;

otherwise he attended without summons. When not a peer the chancellor

had no place in parliament except as chancellor, and the act of 31 Henry

VIII. cap. 10 (1539) laid down that, if not a peer, he had "no interest

to give any assent or dissent in the House." Yet Sir Robert Bourchier

(d. 1349), the first lay chancellor, had protested in 1341 against the

first statute of 15 Edward III. (on trial by peers, &c.), on the ground

that it had not received his assent and was contrary to the laws of the

realm. From the time, however, of William, Lord Cowper (first lord high

chancellor of Great Britain in 1705, created Baron Cowper in 1706), all

chancellors have been made peers on their elevation to the woolsack.

Sometimes the custody of the great seal has been transferred from the

chancellor to a special official, the lord keeper of the great seal (see

LORD KEEPER); this was notably the case under Queen Elizabeth (cf. the

French _garde des sceaux_, below). Sometimes it is put into commission,

being affixed by lords commissioners of the great seal. By the Catholic

Emancipation Act of 1829 it was enacted that none of these offices could

be held by a Roman Catholic (see further under LORD HIGH CHANCELLOR).

The office of lord chancellor of Ireland, and that of chancellor of

Scotland (who ceased to be appointed after the Act of Union of 1707)

followed the same lines of development.

Chancellor of the exchequer.

The title of chancellor, without the predicates "high" or "lord," is

also applied in the United Kingdom to a number of other officials and

functionaries of varying rank and importance. Of these the most

important is the chancellor of the exchequer, an office which originated

in the separation of the chancery from the exchequer in the reign of

Henry III. (1216-1272). His duties consisted originally in the custody

and employment of the seal of the exchequer, in the keeping of a

counter-roll to check the roll kept by the treasurer, and in the

discharge of certain judicial functions in the exchequer of account. So

long as the treasury board was in active working, the chancellorship of

the exchequer was an office of small importance, and even during a great

part of the 19th century was not necessarily a cabinet office, unless

held in conjunction with that of first lord of the treasury. At the

present time the chancellor of the exchequer is minister of finance, and

therefore always of cabinet rank (see EXCHEQUER).

Chancellor of the duchy.

The chancellor of the duchy of Lancaster is the representative of the

crown in the management of its lands and the control of its courts in

the duchy of Lancaster, the property of which is scattered over several

counties. These lands and privileges, though their inheritance has

always been vested in the king and his heirs, have always been kept

distinct from the hereditary revenues of the sovereign, whose palatine

rights as duke of Lancaster were distinct from his rights as king. The

Judicature Act of 1873 left only the chancery court of the duchy, but

the chancellor can appoint and dismiss the county court judges within

the limits of the duchy; he is responsible also for the land revenues of

the duchy, which are the private property of the sovereign, and keeps

the seal of the duchy. His appointment is by letters patent, and his

salary is derived from the revenue of the duchy. As the judicial and

estate work is done by subordinate officials, the office is practically

a sinecure and is usually given to a minister whose assistance is

necessary to a government, but who for one reason or another cannot

undertake the duties of an important department. John Bright described

him as the maid-of-all-work of the cabinet.

Ecclesiastical chancellors.

The chancellor of a diocese is the official who presides over the

bishop's court and exercises jurisdiction in his name. This use of the

word is comparatively modern, and, though employed in acts of

parliament, is not mentioned in the commission, having apparently been

adopted on the analogy of the like title in the state. The chancellor

was originally the keeper of the archbishop or bishop's seals; but the

office, as now understood, includes two other offices distinguished in

the commission by the titles of vicar-general and official principal

(see ECCLESIASTICAL JURISDICTION). The chancellor of a diocese must be

distinguished from the chancellor of a cathedral, whose office is the

same as that of the ancient _scholasticus_ (see CATHEDRAL).

Academic, &c.

The chancellor of an order of knighthood discharges notarial duties and

keeps the seal. The chancellor of a university is an official of

medieval origin. The appointment was originally made by the popes, and

the office from the first was one of great dignity and originally of

great power. The chancellor was, as he remains, the head of the

university; he had the general superintendence of its studies and of its

discipline, could make and unmake laws, try and punish offences, appoint

to professorial chairs and admit students to the various degrees (see Du

Cange, s. "_Cancellarii Academiarum_"). In England the chancellorship of

the universities is now a more or less ornamental office and is

conferred on noblemen or statesmen of distinction, whose principal

function is to look after the general interests of the university,

especially in its relations with the government. The chancellor is

represented in the university by a vice-chancellor, who performs the

administrative and judicial functions of the office. In the United

States the heads of certain educational establishments have the title of

chancellor. In Scotland the foreman of a jury is called its chancellor.

In the United States the chancellors are judges of the chancery courts

of the states, e.g. Delaware and New Jersey, where these courts are

still maintained as distinct from the courts of common law. In other

states, e.g. New York since 1847, the title has been abolished, and

there is no federal chancellor.

In diplomacy generally the chancellor of an embassy or legation is an

official attached to the suite of an ambassador or minister. He performs

the functions of a secretary, archivist, notary and the like, and is at

the head of the chancery, or chancellery (Fr. _chancellerie_), of the

mission. The functions of this office are the transcribing and

registering of official despatches and other documents, and generally

the transaction of all the minor business, e.g. marriages, passports and

the like, connected with the duties of a diplomatic agent towards his

nationals in a foreign country. The dignified connotation of the title

chancellor has given to this office a prestige which in itself it does

not deserve; and "chancery" or "chancellery" is commonly used as though

it were synonymous with embassy, while diplomatic style is sometimes

called _style de chancellerie_, though as a matter of fact the

chanceries have nothing to do with it.

_France._--The country in which the office of chancellor followed most

closely the same lines as in England is France. He had become a great

officer under the Carolingians, and he grew still greater under the

Capetian sovereigns. The great chancellor, _summus cancellarius_ or

_archi-cancellarius_, was a dignitary who had indeed little real power.

The post was commonly filled by the archbishop of Reims, or the bishop

of Paris. The _cancellarius_, who formed part of the royal court and

administration, was officially known as the _sub-cancellarius_ in

relation to the _summus cancellarius_, but as _proto-cancellarius_ in

regard to his subordinate _cancellarii_. He was a very great officer, an

ecclesiastic who was the chief of the king's chaplains or king's clerks,

who administered all ecclesiastical affairs; he had judicial powers, and

from the 12th century had the general control of foreign affairs. The

chancellor in fact became so great that the Capetian kings, who did not

forget the mayor of the palace, grew afraid of him. Few of the early

ecclesiastical chancellors failed to come into collision with the king,

or parted with him on good terms. Philip Augustus suspended the

chancellorship throughout the whole of his reign, and appointed a keeper

of the seals (_garde des sceaux_). The office was revived under Louis

VIII., but the ecclesiastical chancellorship was finally suppressed in

1227. The king of the 13th century employed only keepers of the seal.

Under the reign of Philip IV. le Bel lay chancellors were first

appointed. From the reign of Charles V. to that of Louis XI. the French

_chancelier_ was elected by the royal council. In the 16th century he

became irremovable, a distinction more honourable than effective, for

though the king could not dismiss him from office he could, and on some

occasions did, deprive him of the right to exercise his functions, and

entrusted them to a keeper of the seal. The _chancelier_ from the 13th

century downwards was the head of the law, and performed the duties

which are now entrusted to the minister of justice. His office was

abolished when in 1790 the whole judicial system of France was swept

away by the Revolution. The smaller _chanceliers_ of the provincial

parlements and royal courts disappeared at the same time. But when

Napoleon was organizing the empire he created an arch-chancellor, an

office which was imitated rather from the _Erz-Kanzler_ of the Holy

Roman Empire than from the old French _chancelier_. At the Restoration

the office of chancellor of France was restored, the chancellor being

president of the House of Peers, but it was finally abolished at the

revolution of 1848. The administration of the Legion of Honour is

presided over by a _grand chancelier_, who is a grand cross of the

order, and who advises the head of the state in matters concerning the

affairs of the order. The title of _chancelier_ continues also to be

used in France for the large class of officials who discharge notarial

duties in some public offices, in embassies and consulates. They draw up

diplomas and prepare all formal documents, and have charge of the

registration and preservation of the archives.

_Spain._--In Spain the office of chancellor, _canciller_, was introduced

by Alphonso VII. (1126-1157), who adopted it from the court of his

cousins of the Capetian dynasty of France. The _canciller_ did not in

Spain go beyond being the king's notary. The chancellor of the privy

seal, _canciller del sello de la puridad_ (literally the secret seal),

was the king's secretary, and sealed all papers other than diplomas and

charters. The office was abolished in 1496, and its functions were

transferred to the royal secretaries. The _cancelario_ was the

chancellor of a university. The _canciller_ succeeded the _maesescuela_

or _scholasticus_ of a church or monastery. _Canciller mayor de

Castilla_ is an honorary title of the archbishops of Toledo. The _gran

canciller de las Indias_, high chancellor of the Indies, held the seal

used for the American dominions of Spain, and presided at the council in

the absence of the president. The office disappeared with the loss of

Spain's empire in America.

_Italy, Germany, &c._--In central and northern Europe, and in Italy, the

office had different fortunes. In southern Italy, where Naples and

Sicily were feudally organized, the chancellors of the Norman kings, who

followed Anglo-Norman precedents very closely, and, at least in Sicily,

employed Englishmen, were such officers as were known in the West. The

similarity is somewhat concealed by the fact that these sovereigns also

adopted names and offices from the imperial court at Constantinople.

Their chancellor was officially known as Protonotary and Logothete, and

their example was followed by the German princes of the Hohenstaufen

family, who acquired the kingdoms of Naples and Sicily. The papal or

apostolic chancery is dealt with in the article on the Curia Romana

(q.v.). It may be pointed out here, however, that the close connexion of

the papacy with the Holy Roman Empire is illustrated by the fact that

the archbishop of Cologne, who by right of his see was the emperor's

arch-chancellor (_Erz-Kanzler_) for Italy, was confirmed as papal

arch-chancellor by a bull of Leo IX. in 1052. The origin and duration of

this connexion are, however, obscure; it appears to have ceased before

1187. The last record of a papal chancellor in the middle ages dates

from 1212, from which time onward, for reasons much disputed, the head

of the papal chancery bore the title vice-chancellor (Hinschius i. 439),

until the office of chancellor was restored by the constitution

_Sapientius_ of Pius X. in 1908.

The title of arch-chancellor (_Erz-Kanzler_) was borne by three great

ecclesiastical dignitaries of the Holy Roman Empire. The archbishop of

Mainz was arch-chancellor for Germany. The archbishop of Cologne held

the dignity for Italy, and the archbishop of Trier for Gaul and the

kingdom of Arles. The second and third of these dignities became purely

formal with the decline of the Empire in the 13th century. But the

arch-chancellorship of Germany remained to some extent a reality till

the Empire was finally dissolved in 1806. The office continued to be

attached to the archbishopric of Mainz, which was an electorate. Karl

von Dalberg, the last holder of the office, and the first prince primate

of the Confederation of the Rhine, continued to act in show at least as

chancellor of that body, and was after a fashion the predecessor of the

_Bundes Kanzler_, or chancellor of the North German Confederation. The

duties imposed on the imperial chancery by the very complicated

constitution of the Empire were, however, discharged by a

vice-chancellor who was attached to the court of the emperor. The abbot

of Fulda was chancellor to the empress.

The house of Austria in their hereditary dominions, and in those of

their possessions which they treated as hereditary, even where the

sovereignty was in theory elective, made a large and peculiar use of the

title chancellor. The officers so called were of course distinct from

the arch-chancellor and vice-chancellor of the Empire, although the

imperial crown became in practice hereditary in the house of Habsburg.

In the family states their administration was, to use a phrase familiar

to the French, "polysynodic." As it was when fully developed, and as it

remained until the March revolution of 1848, it was conducted through

boards presided over by a chancellor. There were three aulic

chancellorships for the internal affairs of their dominions, "a united

aulic chancellorship for all parts of the empire (i.e. of Austria, not

the Holy Roman) not belonging to Hungary or Transylvania, and a separate

chancellorship for each of those last-mentioned provinces" (Hartig,

_Genesis of the Revolution in Austria_). There were also a house, a

court, and a state chancellor for the business of the imperial household

and foreign affairs, who were not, however, the presidents of a board.

These "aulic" (i.e. court) officers were in fact secretaries of the

sovereign, and administrative or political rather than judicial in

character, though the boards over which they presided controlled

judicial as well as administrative affairs. In the case of such

statesmen as Kaunitz and Metternich, who were house, court, and state

chancellors as well as "united aulic" chancellors, the combination of

offices made them in practice prime ministers, or rather

lieutenants-general, of the sovereign. The system was subject to

modifications, and in the end it broke down under its own complications.

We are not dealing here with the confusing history of the Austrian

administration, and these details are only quoted to show how it

happened that in Austria the title chancellor came to mean a political

officer and minister. There is obviously a vast difference between such

an official as Kaunitz, who as house, court, and state chancellor was

minister of foreign affairs, and as "united aulic" chancellor had a

general superiority over the whole machinery of government, and the lord

high chancellor in England, the _chancelier_ in France, or the

_canciller mayor_ in Castile, though the title was the same. The

development of the office in Austria must be understood in order to

explain the position and functions of the imperial chancellor (_Reichs

Kanzler_) of the modern German empire. Although the present empire is

sometimes rhetorically and absurdly spoken of as a revival of the

medieval Empire, it is in reality an adaptation of the Austrian empire,

which was a continuation under a new name of the hereditary Habsburg

monarchy. The _Reichs Kanzler_ is the immediate successor of the _Bundes

Kanzler_, or chancellor of the North German Confederation (_Bund_). But

the _Bundes Kanzler_, who bore no sort of resemblance except in mere

name to the _Erz-Kanzler_ of the old Empire, was in a position not

perhaps actually like that of Prince Kaunitz, but capable of becoming

much the same thing. When the German empire was established in 1871

Prince Bismarck, who was _Bundes Kanzler_ and became _Reichs Kanzler_,

took care that his position should be as like as possible to that of

Prince Kaunitz or Prince Metternich. The constitution of the German

empire is separately dealt with, but it may be pointed out here that

the _Reichs Kanzler_ is the federal minister of the empire, the chief of

the federal officials, and a great political officer, who directs the

foreign affairs, and superintends the internal affairs, of the empire.

In these German states the title of chancellor is also given as in

France to government and diplomatic officials who do notarial duties and

have charge of archives. The title of chancellor has naturally been

widely used in the German and Scandinavian states, and in Russia since

the reign of Peter the Great. It has there as elsewhere wavered between

being a political and a judicial office. Frederick the Great of Prussia

created a _Gross Kanzler_ for judicial duties in 1746. But there was in

Prussia a state chancellorship on the Austrian model. It was allowed to

lapse on the death of Hardenberg in 1822. The Prussian chancellor after

his time was one of the four court ministries (_Hofamter_) of the

Prussian monarchy.

AUTHORITIES.--Du Cange, _Glossarium_, s.v. "Cancellarius"; W. Stubbs,

_Const. Hist. of England_ (1874-1878); Rudolph Gneist, _Hist. of the

English Constitution_ (Eng. trans., London, 1891); L.O. Pike, _Const.

Hist. of the House of Lords_ (London, 1894); Sir William R. Anson,

_The Law and Custom of the Constitution_, vol. ii. part i. (Oxford,

1907); A. Luchaire, _Manuel des institutions francaises_ (Paris,

1892); K.F. Stumpf, _Die Reichs Kanzler_ (3 vols., Innsbruck,

1865-1873); G. Sceliger, _Erzkanzler und Reichskanzleien_ (ib. 1889);

P. Hinschius, _Kirchenrecht_ (Berlin, 1869); Sir R.J. Phillimore,

_Eccles. Law_ (London, 1895); P. Pradier-Fodere, _Cours de droit

diplomatique_, ii. 542 (Paris, 1899).

CHANCELLORSVILLE, a village of Spottsylvania county, Virginia, U.S.A.,

situated almost midway between Washington and Richmond. It was the

central point of one of the greatest battles of the Civil War, fought on

the 2nd and 3rd of May 1863, between the Union Army of the Potomac under

Major-General Hooker, and the Confederate Army of Northern Virginia

under General Lee. (See AMERICAN CIVIL WAR, and WILDERNESS.) General

"Stonewall" Jackson was mortally wounded in this battle.

CHANCE-MEDLEY (from the A.-Fr. _chance-medlee_, a mixed chance, and not

from _chaude-medlee_, a hot affray), an accident of a mixed character,

an old term in English law for a form of homicide arising out of a

sudden affray or quarrel. The homicide has not the characteristic of

"malice prepense" which would raise the death to murder, nor the

completely accidental nature which would reduce it to homicide by

misadventure. It was practically identical, therefore, with

manslaughter.

CHANCERY, in English law, the court of the lord chancellor of England,

consolidated in 1873 along with the other superior courts in the Supreme

Court of Judicature. Its origin is noticed under the head of Chancellor.

It has been customary to say that the court of chancery consists of two

distinct tribunals--one a court of common law, the other a court of

equity. From the former have issued all the original writs passing under

the great seal, all commissions of sewers, lunacy, and the like--some of

these writs being originally kept in a _hanaper_ or hamper (whence the

"hanaper office"), and others in a little sack or bag (whence the

"petty-bag office"). The court had likewise power to hold pleas upon

_scire facias_ (q.v.) for repeal of letters patent, &c. "So little,"

says Blackstone, "is commonly done on the common law side of the court

that I have met with no traces of any writ of error being actually

brought since the fourteenth year of Queen Elizabeth."

The equitable jurisdiction of the court of chancery was founded on the

supposed superiority of conscience and equity over the strict law. The

appearance of equity in England is in harmony with the general course of

legal history in progressive societies. What is remarkable is that,

instead of being incorporated with or superseding the common law, it

gave rise to a wholly independent set of tribunals. The English dislike

of the civil law, and the tendency to follow precedent which has never

ceased to characterize English lawyers, account for this unfortunate

separation. The claims of equity in its earlier stages are well

expressed in the little treatise called _Doctor and Student_, published

in the reign of Henry VIII.:--"Conscience never resisteth the law nor

addeth to it, but only when the law is directly in itself against the

_law of God_, or _law of reason_." So also King James, speaking in the

Star Chamber, says: "Where the rigour of the law in many cases will undo

a subject, then the chancery tempers the law with equity, and so mixes

mercy with justice, as it preserves a man from destruction." This theory

of the essential opposition between law and equity, and of the natural

superiority of the latter, remained long after equity had ceased to

found itself on natural justice, and had become as fixed and rigid as

the common law itself. The jealousy of the common lawyers came to a head

in the time of Lord Ellesmere, when Coke disputed the right of the

chancery to give relief against a judgment of the court of queen's bench

obtained by gross fraud and imposition. James I., after consultation,

decided in favour of the court of equity. The substitution of lay for

clerical chancellors is regarded by G. Spence (_Equitable Jurisdiction

of the Court of Chancery_, 2 vols., 1846-1849) as having at first been

unfortunate, inasmuch as the laymen were ignorant of the principles on

which their predecessors had acted. Lord Nottingham (1621-1682) is

usually credited with the first attempt to reduce the decisions of the

court to order, and his work was continued by Lord Hardwicke

(1690-1764). By the time of Lord Eldon equity had become fixed, and the

judges, like their brethren in the common law courts, strictly followed

the precedents. Henceforward chancery and common law courts have

exhibited the anomaly of two co-ordinate sets of tribunals, empowered to

deal with the same matters, and compelled to proceed in many cases on

wholly different principles. The court of chancery could in most cases

prevent a person from taking advantage of a common law right, not

approved of by its own system. But if a suitor chose to go to a court of

common law, he might claim such unjust rights, and it required the

special intervention of the court of equity to prevent his enforcing

them. In many cases also a special application had to be made to

chancery for facilities which were absolutely necessary to the

successful conduct of a case at common law. Another source of difficulty

and annoyance was the uncertainty in many cases whether the chancery or

common law courts were the proper tribunal, so that a suitor often found

at the close of an expensive and protracted suit that he had mistaken

his court and must go elsewhere for relief. Attempts more or less

successful were made to lessen those evils by giving the powers to both

sets of courts; but down to the consolidation effected by the Judicature

Act, the English judicial system justified the sarcasm of Lord Westbury,

that one tribunal was set up to do injustice and another to stop it.

The equitable jurisdiction of chancery was commonly divided into

_exclusive_, _concurrent_ and _auxiliary_. Chancery had exclusive

jurisdiction when there were no forms of action by which relief could be

obtained at law, in respect of rights which ought to be enforced. Trusts

were the most conspicuous example of this class. It also included the

rights of married women, infants and lunatics. Chancery had concurrent

jurisdiction when the common law did not give _adequate_ relief, e.g. in

cases of fraud, accident, mistake, specific performance of contracts,

&c. It had auxiliary jurisdiction when the administrative machinery of

the law courts was unable to procure the necessary evidence.

The Judicature Act 1873 enacted (S 24) that in every civil cause or

matter commenced in the High Court of Justice, law and equity should be

administered by the High Court of Justice and the court of appeal

respectively, according to the rules therein contained, which provide

for giving effect in all cases to "equitable rights and other matters of

equity." The 25th section declared the law hereafter to be administered

in England on certain points, and ordained that "generally in all

matters not hereinbefore particularly mentioned in which there is any

conflict or variance between the rules of equity and the rules of the

common law with reference to the same matter, the rules of equity shall

prevail." The 34th section specifically assigned to the chancery

division the following causes and matters:--The administration of the

estates of deceased persons; the dissolution of partnerships, or the

taking of partnership, or other accounts; the redemption or foreclosure

of mortgages; the raising of portions, or other charges on land; the

sale and distribution of the proceeds of property subject to any lien

or charge; the execution of trusts, charitable or private; the

rectification, or setting aside, or cancellation of deeds or other

written instruments; the specific performance of contracts between

vendors and purchasers of real estates, including contracts for leases;

the partition or sale of real estates; the wardship of infants and the

care of infants' estates.

The chancery division originally consisted of the lord chancellor as

president and the master of the rolls, and the three vice-chancellors.

The master of the rolls was also a member of the court of appeal, but

Sir George Jessel, who held that office when the new system came into

force, regularly sat as a judge of first instance until 1881, when, by

the act of that year (sec. 2), the master of the rolls became a member

of the court of appeal only, and provision was made for the appointment

of a judge to supply the vacancy thus occasioned (sec. 3). Sir James

Bacon (1798-1895) was the last survivor of the vice-chancellors. He

retained his seat on the bench until the year 1886, when he retired

after more than seventeen years' judicial service. For some reason the

solicitors, when they had the choice, preferred to bring their actions

in the chancery division. The practice introduced by the Judicature Act

of trying actions with oral evidence instead of affidavits, and the

comparative inexperience of the chancery judges and counsel in that mode

of trial, tended to lengthen the time required for the disposal of the

business. Demand was consequently made for more judges in the chancery

division. By an act of 1877 the appointment of an additional judge in

that division was authorized, and Sir Edward Fry (afterwards better

known as a lord justice) was appointed. In August 1899 the crown

consented to the appointment of a new judge of the High Court in the

chancery division on an address from both Houses of Parliament, pursuant

to the 87th section of the Appellate Jurisdiction Act 1876. The chancery

division, therefore, consists of the lord chancellor and six puisne

judges. The latter are styled and addressed in the same manner as was

customary in the old common law courts.[1] Formerly there were only four

judges of this division (being the successors of the master of the rolls

and the three vice-chancellors) to whom chambers were attached. The

fifth judge heard only causes with witnesses transferred to him from the

overflowing of the lists of his four brethren. In each set of chambers

there were three chief clerks, with a staff of assistant clerks under

them. The chief clerks had no original jurisdiction, but heard

applications only on behalf of the judge to whose chambers they

belonged, and theoretically every suitor had the right to have his

application heard by the judge himself in chambers. But the appointment

of a sixth judge enabled the lord chancellor to carry out a reform

recommended by a departmental committee which reported in 1885. The

great difficulty in the chancery division always was to secure the

continuous hearing of actions with witnesses, as nearly one-half of the

judge's time was taken up with cases adjourned to him from chambers and

other administrative business and non-witness actions and motions. The

interruption of a witness action for two or three days, particularly in

a country case, occasioned great expense, and had other inconveniences.

It was a simple remedy to link the judges in pairs with one list of

causes and one set of chambers assigned to each pair. This reform was

effected by the alteration of a few words in certain rules of court.

There are therefore, only three sets of chambers, each containing four

chief clerks, or, as they are now styled, masters of the Supreme Court,

and one of the linked judges, by arrangement between themselves,

continuously tries the witness actions in their common list, while the

other attends in chambers, and also hears the motions, petitions,

adjourned summonses and non-witness cases.

Although styled masters it does not appear that the chief clerks have

any larger or different jurisdiction than they had before. They are

still the representatives of and responsible to the judges to whom the

chambers are attached. The judge may either hear an application in

chambers, or may direct any matter which he thinks of sufficient

importance to be argued before him in court, or a party may move in

court to discharge an order made in chambers with a view to an appeal,

but this is not required if the judge certifies that the matter was

sufficiently discussed before him in chambers.

Under the existing rules of court many orders can now be made on summons

in chambers which used formerly to require a suit or petition in court

(see Order LV. as to foreclosure, administration, payment out of money

in court and generally). The judge is also enabled to decide any

particular question arising in the administration of the estate of a

deceased person or execution of the trusts of a settlement without

directing administration of the whole estate or execution of the trusts

generally by the court (Order LV. rule 10), and where an application for

accounts is made by a dissatisfied beneficiary or creditor to order the

accounts to be delivered out of court, and the application to stand over

till it can be seen what questions (if any) arise upon the accounts

requiring the intervention of the court (Order LV. 2, 10a). Delay and

consequent worry and expense are thus saved to the parties, and, at the

same time, a great deal of routine administration is got rid of and a

larger portion of the judicial term can be devoted to hearing actions

and deciding any question of importance in court. The work of the

chambers staff of the judges has probably been increased; but, on the

other hand, it has been lightened by the removal of the winding-up

business. The chancery division has also inherited from the court of

chancery a staff of registrars and taxing masters.

In the United States "chancery" is generally used as the synonym of

"equity." Chancery practice is practice in cases of equity. Chancery

courts are equity courts (see EQUITY). For the diplomatic sense of

chancery (chancellery) see CHANCELLOR.

Encyclopaedia Britannica, 11th Edition, "Cerargyrite" to "Charing Cross" Volume 5, Slice 7 · 第 17 / 24 题