Catalogue description Duchy of Lancaster: Court of Duchy Chamber: Draft Injunctions

One common order of the court was the granting of an injunction on behalf of the plaintiff against the defendant. Injunctions restrained the defendant from taking specified damaging actions against the plaintiff. Often an injunction was granted to prohibit a defendant from starting legal proceedings against his opponent in another court. They were also used to stop defendants from acting in a way that could not be reversed; for example to restrain a defendant from cutting down and selling woods on land the ownership of which was the subject of the dispute before the court.

Injunctions were commonly granted to plaintiffs in disputes concerning the ownership of land to ensure they retained or regained possession of the land in question until the suit was settle. The injunction usually remained in force until the court gave judgement in the dispute (when its effect was either reinforced by a final order or a decree or cancelled by dismissal of the complaint). It was also possible for an injunction to be terminated before the final hearing of a suit if the defendant could produce sufficient grounds for this to be done. The plaintiff could seek an injunction in his original bill of complaint or at a later stage by filing a motion, or request, to the court. It was also possible, but uncommon, for a defendant to seek an injunction.

Upon acceptance of an application for an injunction the court made an order to that effect which was recorded in the entry book of decrees and orders. A draft of the injunction was then drawn up from which a fair copy was made to be sent to the party whose action was being restrained, usually the defendant.

Injunctions were headed"By the king" being written in his name and issued under the duchy seal and addressed to the recipient. (During the Commonwealth period injunctions were headed"by the keepers of the liberty of England by authority of Parliament.") After an introductory greeting the full circumstances of the suit as it had progressed to that point were presented followed by notice of the court's decision to grant an injunction. The injunction was then declared as in the following example from the earliest file:" ... will and commaund and also straightly to charge and enjoyne you [defendant] ... from henceforth to surcease and stay and no further to proceede in the said suite so by you commenced at the Common Lawe against [plaintiff] ... untill our said Courte of Duchie vppon better matter shewed shall take order to the contrary ...".

The injunction concluded with a record of the place and date at which it was granted. The recipient was usually threatened with a money penalty if he acted contrary to the terms of the injunction