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Catalogue description Palatinate of Lancaster: Chancery Court: Entry Books of Decrees and Orders
| Reference: | PL 11 |
|---|---|
| Title: | Palatinate of Lancaster: Chancery Court: Entry Books of Decrees and Orders |
| Description: |
This series consists of paper entry books of decrees and orders in equity proceedings which decided the outcome of cases in the Lancaster Chancery Court, and interim or procedural orders which effected progress in those cases. Many of the volumes are in their original bindings. The first volume covers the years 1524 to 1551 after which there is a gap until 1603. From that date the records continue until 1863 with a number of small gaps. The earliest two volumes in the series, from the mid 16th and early 17th centuries, also contain various different types of entries which later drop out. The first volume is less structured and formal than those which come after it. There are few, if any decrees and many orders relating to arbitration. The second volume which covers the years 1603 to 1610 also contains appearances and affidavits as well as court orders and a small number of decrees. However from the third volume to the end of the series, the entry books are no longer used to record appearances and affidavits but are only records of court decisions. From this date the entries are all in English, although the introductory clauses which establish the jurisdiction of the court, the date of the entry and the names of the parties to the dispute are in Latin until 1733. The fourth volume also contains a list of the names of the sheriffs of Lancaster from 1 Edward VI to 23 James I). The following pieces contain, at the front or back, an internal index or table of contents: PL 11/11, 17, 26-27, 29, 31-32, 47, 51-52. |
| Date: | 1524-1863 |
| Arrangement: |
The series arrangement is an attempt to group together what seem to be related volumes according to type. However, in order to follow the full course of a particular suit all the volumes covering the relevant dates should be consulted, irrespective of how they have been labelled or described. This is because it is not possible to predict what types of court decisions may be involved during the progress of a suit, nor, in view of what has been said above, in which book they may appear. It is important to note that from the mid 17th century, orders were categorised and entered into different books according to type. However, without a detailed study of the procedures of the court it is difficult to discover the exact basis of the categorisation. This is especially so as during the life of the court the categories changed as the court developed new procedures and rules. The difficulty of accurately defining the volumes in this series is increased by the labels that have been attached to many of the volumes at some point in the recent past. Many volumes, for example, bear the label 'Decrees, Orders, Appearances' irrespective of the actual contents. Yet even the headings and labels given to volumes as they were being produced by the court are inconsistent and often difficult to reconcile with the contents. |
| Separated material: |
Draft orders and decrees for the Lancaster Chancery have not survived. |
| 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: | 52 volume(s) |
| Administrative / biographical background: |
The Lancaster Chancery managed the course of the suits brought before it by issuing instructions (or orders) of various types. Some of these were given as the proceedings unfolded. The suit was completed when the court gave its final judgment at a formal hearing. However, not all suits ended with a court ruling. Some were decided by arbitration or compromise. Other cases were withdrawn by the plaintiff before the matter came to a formal court hearing. All of the various orders made by the court were recorded in the entry books of decrees and orders by the Registrar of the Court. Usually they were first noted in draft form by the Registrar or his deputy and then recorded in the entry book. The entry books were composed mainly of the following items:
Final orders and decrees often contained a summary of the progress of the whole suit, including details of any orders made during the course of the proceedings. Success for the plaintiff in a suit came in the form of either a final order or a decree against the defendant. If the court decided that the defendant had no case to answer, or if the plaintiff's case was not sufficiently proved, the suit was dismissed. Decrees and orders were properly only made by the Vice-Chancellor. In practice the officials of the court made procedural orders without recourse to him. However the more important orders and the decrees were made by him. Decrees in particular were often signed by the Vice-Chancellor at the foot of the entry. Although the court largely issued instructions and judgments according to this outline, it was not a static institution and its procedures developed and changed during its existence. This change is reflected in the entry books of decrees and orders which become more specialised over the life of the court. |
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