Catalogue description Palatinate of Lancaster: Chancery Court: Depositions

The court determined equity disputes largely on the basis of evidence brought before it in the form of written depositions, commissions and interrogatories. Witnesses were required to give their evidence before the Examiner of the court, or his deputy, at his office in Preston. However, from at least 24 Elizabeth I (the date of the earliest surviving depositions) witnesses who were unwilling or unable to travel to Preston were able to give their testimony in the localities before commissioners appointed for that purpose.

DEPOSITIONS:

These were answers, given by witnesses, to a series of questions (known as interrogatories) put to them by the commissioners, prepared by each party in the dispute.

Each deponent was sworn to tell the truth and examined in isolation. Deponents were not to reveal their answers until after all the testimony was made public (or published) by the court. This took place prior to the final hearing of the suit when the court, in the person of the Vice-Chancellor, gave its judgment. The questions were read one at a time and the answers recorded in English.

If the deposition was taken in court the answers were written directly on paper. If the examination was before commissioners the answers were first recorded on paper and then engrossed (copied) onto parchment.

On occasion deponents signed their depositions. The commissioners signed the depositions, often on each page. Depositions taken by the Examiner were noted as such and often signed by him. Many depositions include a note of the date when they were made. At the beginning of each deposition the name, place of residence, age and occupation of the deponent is recorded. Normally the commissioners returned to the court their commission and the interrogatories with the depositions.

COMMISSIONS:

In order for private individuals to act on behalf of the Crown and take evidence on oath from deponents a delegation of royal authority was necessary. This was given in a commission of dedimus potestatem. It was produced in the name of the sovereign and addressed to the commissioners.

By convention there were four of these, two chosen by each side in the dispute. A minimum of two of the named commissioners was required to put the commission into effect. On occasion there could be more than four.

Commissions were written in Latin until 1733 when English became the language of the law courts. (They were also in English during the Commonwealth when they were issued under the authority of Parliament). From early in the 18th century the commissioners and the clerks who recorded the witnesses' answers were required to swear oaths of secrecy and impartiality and copies of the oath, which were in English, were sent out with the commission. On the reverse of the commission was a note recording its execution which was signed by the commissioners.

The Examiner and his deputy did not require commissions to take depositions as they were empowered to do so by virtue of their office.

INTERROGATORIES:

These were the numbered questions which were read to the witnesses by the Examiner or the commissioners. They were in English and usually written on parchment.

Separate lists of questions were drawn up by the solicitors acting for each party and both sets were often administered on the same day by the same commissioners. The commissioners were not allowed to add any questions of their own.

Many sets of interrogatories were signed by counsel before being sent to the commissioners. Often the commissioners signed the interrogatories after the final question.