denounced as destructive of the independence and calm deliberativeness
essential to the purity and efficiency of the bench. In defence,
however, of the ministerial connexion of the chancellor, it has been
said that, while the other judges should be permanent, the head of the
law should stand or fall with the ministry, as the best means of
securing his effective responsibility to parliament for the proper use
of his extensive powers. The transference of the judicial business of
the chancery court to the High Court of Justice removed many of the
objections to the fluctuating character of the office. As a great
officer of state, the lord chancellor acts for both England and
Scotland, and in some respects for the United Kingdom, including Ireland
(where, however, an Irish lord chancellor is at the head of the legal
system). By Article XXIV. of the Act of Union (1705) one great seal was
appointed to be kept for all public acts, and in this department the
lord chancellor's authority extends to the whole of Britain, and thus
the commissions of the peace for Scotland as well as England issue from
him.[1] As an administrative officer, as a judge and as head of the law,
he acts merely for England. His English ministerial functions are thus
briefly described by Blackstone: "He became keeper of the king's
conscience, visitor, in right of the king, of all hospitals and colleges
of the king's foundation, and patron of all the king's livings under the
value of twenty marks per annum in the king's books. He is the general
guardian of all infants, idiots and lunatics, and has the general
superintendence of all charitable uses in the kingdom." But these duties
and jurisdiction by modern statutes have been distributed for the most
part among other offices or committed to the judges of the High Court
(see CHARITY AND CHARITIES; INFANT; INSANITY). Under the Judicature Act
1873 the lord chancellor is a member of the court of appeal, and, when
he sits, its president, and he is also a judge of the High Court of
Justice. He is named as president of the chancery division of the latter
court. His judicial patronage is very extensive, and he is by usage the
adviser of the crown in the appointment of judges[2] of the High Court.
He presides over the hearing of appeals in the House of Lords. His
proper title is "Lord High Chancellor of Great Britain and Ireland." His
salary is £10,000 per annum, and he is entitled to a pension of £5000
per annum.
AUTHORITIES.--_Observations concerning the Office of Lord Chancellor_
(1651), attributed to Lord Chancellor Ellesmere; Blackstone's
_Commentaries_; Campbell's _Lives of the Chancellors_; and D. M.
Kerly, _Historical Sketch of the Equitable Jurisdiction of the Court
of Chancery_ (1890).
FOOTNOTES:
[1] The great seal, which exists in duplicate for Irish use, is the
great seal of the United Kingdom.
[2] Except the lord chief justice, who is appointed on the nomination
of the prime minister.
Public-domain text, read in full here on John Shaqi.
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