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Catalogue description Palatinate of Lancaster: Chancery Court: Affidavits and Registers of Affidavits
| Reference: | PL 9 |
|---|---|
| Title: | Palatinate of Lancaster: Chancery Court: Affidavits and Registers of Affidavits |
| Description: |
This series consists of original affidavits (1793-1836) sworn either before the Vice-Chancellor of the Duchy in the court at Lancaster, or before commissioners in a variety of localities; and registers of affidavits (1610-1678) containing copies of affidavits sworn at Lancaster only. Many of the earlier ones relate to the delivery of court process only, but later an increasing number deal with subjects more material to the cases before the court, including new evidence from witnesses, as well as accompanying notices of motions to the court. Entries in the volumes are dated at the beginning of each affidavit and the names of the parties are usually recorded in the left-hand margin. After 1615 entries also contain a Latin annotation recording the name of the official before whom the affidavit was sworn. Affidavits in the bundles are headed with the names of the parties after which the wording of the affidavit follows. The time and place at which the affidavit was made are recorded in English, and the affidavit was signed by the court official or commissioner before whom it was given, as well as the person making the statement. Towards the end of the period covered in this series, the date on which the affidavit was filed with the court is also recorded. |
| Date: | 1610-1836 |
| Arrangement: |
The affidavits are arranged in a chronological series of 13 files. For the period 1610 to 1678 they survive as copies entered in four paper entry books which are in their original bindings (PL 9/1-4). Within these volumes the affidavits are in chronological order. For the period 1679 to 1792 there are no surviving affidavits. From 1793 until 1836, the last year covered by the series, the affidavits survive as individual documents, the earlier ones being kept in files on string or leather thong, while the later ones are loose in bundles. They are not always in strict date order. |
| Held by: | The National Archives, Kew |
| Legal status: | Public Record(s) |
| Language: | English and Latin |
| Creator: |
Palatinate of Lancaster, Chancery Court, 1471-1875 |
| Physical description: | 13 bundles and volumes |
| Administrative / biographical background: |
Affidavits were voluntary written statements made under oath and sworn before an official of the court. In the Lancaster Chancery this was usually the Vice-Chancellor or the Registrar. In the earliest years of the court the affidavits related mainly to the service (or delivery) of court process, such as the subpoenas by which defendants were called to appear before the court. The affidavit in this case was basically a statement by the man who delivered the document that he had in fact done so. Thus affidavits provided the plaintiff with a means of refuting a defendant's claim that he had not appeared in court because he had not received a summons to do so. Defendants in their turn could also use affidavits to claim non-delivery of court process or to explain their non-appearance at court (usually blamed on severe ill-health). Similar affidavits were sworn concerning the delivery of other types of court orders which required action from one or other of the disputing parties. Often in these situations the court order was restated as a preamble to the affidavit made concerning its delivery. By the 19th century a copy of the court order was attached to the affidavit. However, as the jurisdiction developed the affidavit was increasingly used by both parties to make any general declaration to the court which they considered material to their case. Affidavits could include new evidence from witnesses; evidence which properly should have been presented to the court through the normal process of interrogatories and depositions. Also common were revised claims from the parties themselves; claims which should properly have been made through the usual forms of pleadings. By the 19th century affidavits were also being used to declare the interests of parties in land which was the subject of a fine in the court. As the Chancery jurisdiction developed proceedings were increasingly subject to the use of motions by both parties. These were applications to the court requesting the granting of some form of action or objecting to the actions of the other party. Notice of such motions, which were often only delaying tactics, had to be given to the other party, and affidavits were usually presented to the court as proof that such due notice had been given. In these cases the notice of motion was attached to the affidavit. From the 18th century affidavits were also sworn before commissioners appointed for that purpose. The advent of commissioners for oaths meant that affidavits, which had originally only been sworn at the court in Lancaster, were able to be sworn in other locations. |
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