CANCELLARIA

4 definitions found across Law Mind sources

CANCELLARIAAuthored
The Law Mind • 828 words
Definition
Cancellaria (Latin) is an archaic legal term with two distinct meanings in historical English law: 1. The Court of Chancery itself — the English court of equity presided over by the Lord Chancellor. The phrase curia cancellaria was used interchangeably to denote the same court. Burrill traces the term to the cancellarius (the chancellor), who was keeper of the great seal through which all writs historically passed, making the cancellaria both the court and the office from which original writs issued. 2. A specific writ — a writ issuing to exempt a clerk of the Chancery from contributing toward the proctors of the clergy in Parliament and similar clerical levies. This usage is narrower and procedural, documented in the Register of Original Writs. The term is almost exclusively encountered in medieval and early modern English legal sources. It has no living procedural or substantive significance in modern law.
Common Confusion
Cancellaria and cancellarius are related but distinct. Cancellaria denotes the court or the writ; cancellarius denotes the officer — the chancellor himself. Historical sources sometimes use the terms in proximity without distinguishing them clearly, and early copyists and compilers occasionally conflated the institutional term with the officer's title. Researchers encountering either term in manuscript or early printed sources should confirm which referent is intended from context.
Why It Matters in Research
Researchers working in medieval English legal records, equity jurisprudence history, or the institutional origins of the Court of Chancery will encounter cancellaria as the standard Latin designation for that court in pre-modern sources. Several navigational points: First, the term predates "Chancery" as a settled English-language institutional name. In Latin pleadings, treatises, and statutes from the twelfth through sixteenth centuries, cancellaria is the operative term. Researchers using the Law Mind corpus for sources in that period should search under this form rather than assuming "Chancery" will appear. Second, the maxim embedded in the historical sources — Cancellarii Angliae dignitas est, ut secundus a rege in regno habetur ("The dignity of the chancellor of England is that he is deemed the second from the sovereign in the kingdom") — appears verbatim in Coke's Fourth Institutes and is frequently quoted in early constitutional discussions of the chancellor's authority. Encountering this maxim in a source is a reliable indicator that the surrounding discussion concerns the chancellor's institutional rank, not equity doctrine specifically. Third, Burrill's citation to Fleta (lib. 2, cc. 13, 29) and Statute of Westminster II (c. 24) provides anchor points for researchers tracing the writ-issuing function of the cancellaria. These sources establish that the chancery's role as the writ factory preceded and was conceptually distinct from its later role as a court of conscience. Fourth, the secondary meaning — the exemption writ for chancery clerks — is almost entirely absent from modern legal reference works. Researchers encountering a document styled cancellaria in a clerical or parliamentary context should not assume the term refers to the court; the writ usage is the more likely referent in those settings.
Historical Dictionary Support
The historical dictionaries agree substantially on the primary meaning. Black's (both editions), Bouvier, Rapalje & Lawrence, and Burrill all define cancellaria as the Court of Chancery, and all cite Blackstone's Commentaries (consistently, though with slight variation between 3 Bl. Comm. and 4 Bl. Comm. across editions — a known transcription inconsistency in secondary sources) and Cowell's Interpreter as authority. Burrill adds the most institutional texture, noting that the cancellaria was specifically the office from which writs issued and pointing to Fleta as the earliest systematic source for that function. This framing connects the term to the administrative history of English royal government rather than treating it as merely a synonym for the equity court — a distinction that Burrill's treatment makes clearer than the other dictionaries. Black's (both editions) includes the exemption writ as a second definition within the same entry; Bouvier and Rapalje & Lawrence treat cancellaria as the court definition only and handle cancellarius in adjacent entries. Burrill omits the writ usage entirely. Researchers should treat Black's as the most complete source for this term, with Burrill as the best source for the institutional-historical dimension. None of the historical dictionaries address the distinction between cancellaria as a purely administrative office (writ repository) and cancellaria as an adjudicative court — a distinction that matters considerably for historians of English equity. The dictionaries reflect the later consolidated understanding without tracing the institutional evolution.
Jurisdictional Note
Cancellaria is exclusively an English legal term and has no counterpart in Scots, Irish, or American legal usage as a formal institutional name. American equity courts developed independently and were never designated by this term in domestic sources.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Court of Chancery; Chancellor; Equity Jurisdiction
Related Terms
Cancellarius — Chancery — Chancellor — Court of Chancery — Curia Cancellaria — Equity — Great Seal — Writ — Clerici de Cancellaria
CANCELLARIAmain
Black's Law Dictionary • 1891
Chancery; the court of chancery. Curia cancellaria is also used in the same sense. See 4 Bl. Comm. 46; Cowell. Cancellarii Angliæ dignitas est, ut se- cundus a rege in regno habetur. The dignity of the chancellor of England is that he is deemed the second from the sovereign in the kingdom. 4 Inst. 78.
CANCELLARIAmain
Black's Law Dictionary • 1891
A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parlia- ment, etc. Reg. Orig. 261.
CANCELLARIAmain
Bouvier's Law Dictionary • 1928
Chancery; the court of chancery. Curia cancellaria is also used in the same sense. See 4 Bla. Com. 46; Cowel. CANCELLARIUS (Lat.). A chan- cellor. In ancient law, a janitor or one who stood at the door of the court and was accustomed to carry out the commands of the judges; afterwards a secretary; a scribe; a notary. Du Cange. In early English law, the keeper of the king's seal. The office of chancellor is of Roman origin. He appears at first to have been a chief scribe or secre tary, but was afterwards invested with judicial power, and had superintendence over the other officers of the empire. From the Romans the title and office passed to the church; and therefore every bishop of the Catholic church has, to this day, his chancellor, the principal judge of his consistory. In ecclesiastical matters it was the duty of the can- cellarius to take charge of all matters relating to the books of the church, acting as librarian; to correct the laws, comparing the various readings, and also to take charge of the seal of the church, affixing it when necessary in the business of the church. When the modern kingdoms of Enrope were es- tablished upon the ruins of the empire, almost every state preserved its chancellor, with different jurisdictions and dignities, according to their dif- ferent constitutions. In all he seems to have had a supervision of all charters, letters, and such other public instruments of the crown as were authenti- cated in the most solemn manner; and when seals came into use, he had the custody of the public seal. According to Du Cange it was under the reign of the Merovingian kings in France that the cancel- larii first obtained the dignity corresponding with that of the English chancellor, and became keepers of the king's seal, In this latter sense only of keeper of the seal, the word chancellor, derived hence, seems to have been used in the English law; 3 Bla. Com. 46. The origin of the word has been much disputed; but it seems probable that the meaning assigned by Du Cange is correct, who says that the cancellarii were originally the keepers of the gate of the king's tribunal, and who carried out the commands of the Judges. Under the civil law their duties were varied, and gave rise to a great variety of names, as notarius, a notis, abactis, secretarius, a secretis, a cancellis, a responsis, generally derived from their duties as keepers and correctors of the statutes and decisions of the tribunals. The transition from keeper of the seal of the church to keeper of the king's seal would be natu- ral and easy in an age when the clergy were the only persons of education sufficient to read the documents to which the seal was to be appended. And this latter sense is the one which has remained and been perpetuated in the English word Chancel- lor. See Du Cange; Spelman, Gloss.; Spence, Eq. Jur. 78; 8 Bla. Com. 46. It was an evolution which passed through several stages, the first of which had its origin in the period when the king was actually as well as theoretically the fountain of justice and equity. At first he per- sonally heard their complaints and administered justice to his subjects. It was, however, after the growth of the popula- tion had increased the applications to the king for the redress of grievances to such an extent as to re- quire him to seek assistance, that the officer after- wards called chancellor appeared. He was then a scribe to whom were referred the complaints made, and it was his duty to determine if they should be entertained and the form of writ adapted to the case. Thus what was afterwards the primary duty of the chancellor was devolved upon this officer, called the referendarius, and known by this title, according to Selden, during the reign of Ethelbert and subsequent kings to Edred. To separate and protect them from the suitors this officer and his assistants sat by a lattice, the laths of which were called cancelli, and to this commentators ascribe the origin of the word cancellarius, which was used in the reign of the Confessor and is not clearly traced to an earlier date. At that time little more appears than that he was an officer who issued writs, but during Anglo-Saxon times he seems to have been little more, and the charter of Westminster shows his precedence at that time to have been after two archbishops, nine bishops, and seven abbots, though now the lord chancellor is second only after the royal family. True, it is said by Ingulphus that Edward the Elder appointed Torquatel his chancel- lor, so that whatever business of the king, spiritual or temporal, required a decision, should be decided by his advice and decree, and, being so decided, the decree should be held irrevocable; Spence, Eq. Jur. 78, n. Nevertheless there does not seem to have been at that period a conception of the office as one maintained for the exercise of judicial func- tions. According to Pollock and Maitland, "even in Edward I.'s reign it is not in our view a court of justice; it do

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