Records of the Chancery Court

Division within PL

1377-1977

Records of the Palatinate of Lancaster's Chancery Court relating to its responsibilities for equity jurisdiction. Contains pre 1853 records and records from the court's registries in Preston, Liverpool and Manchester.

Pre 1853 records:

• Affidavits and registers of affidavits, PL 9
• Depositions, PL 10
• Entry books of decrees and orders, PL 11
• Exhibits, PL 12
• Office book, PL 51
• Pleadings: bills, PL 6; answers, PL 7; replications, PL 8; miscellanea, PL 14
• Reports and certificates, PL 30

Preston District Registry:

• Affidavits, PL 33
• Accounts Ledgers, PL 40
• Cause books, PL 37
• Entry books of decrees and orders, PL 36

Liverpool District Registry:

• Affidavits, PL 49
• Answers, PL 46
• Case files, PL 50
• Cause books, PL 39
• Depositions, PL 47
• Entry books of decrees and orders, PL 35
• Interrogatories, PL 48
• Registrar's orders, PL 43
• Reports and certificates, PL 44

Manchester District Registry:

• Case files, PL 31
• Cause books, PL 38
• Companies' winding-up files, PL 32
• Entry books of decrees and orders, PL 34
• Registrar's orders, PL 42
• Reports and certificates, PL 41

Supreme Court Pay Office: Suitors Accounts, PL 52

Public Record(s)

English

• Lancashire Chancery Court, 1875-1971
• Palatinate of Lancaster, Chancery Court, 1471-1875

30 series

Topics

Litigation

Trade and commerce

In 1873, non-current records were transferred to the Public Record Office. Since that date further transfers of records of the Lancaster Chancery Court have been made. They have either been added to existing series or placed in new series as appropriate. Eleven related series (PL 34-PL 44), arrived from Lancashire at the Public Record Office in the years 1974 to 1976, following the abolition of the registries in 1971, with effect from 1972.

When the Palatinate of Lancaster was created in 1351, the Lancaster Chancery was established to serve as the secretariat of the new entity, and originally it had no judicial function. However, by the 1470s the Chancery seems also to have been operating as a court of equitable jurisdiction. This was possibly the result of the delegation to it of bills of complaint concerning Lancashire, addressed to the dukes of Lancaster, and, after 1399, the King.

The new judicial focus was a reflection of similar developments in the royal Chancery. By the reign of Henry VII the court was in full operation under the authority of the Chancellor of the Palatinate, an office which after 1471 was always occupied by the Chancellor of the Duchy itself. Like other equity courts the Lancaster Chancery followed the procedures of the royal Chancery at Westminster. It should be noted that with the passage of time the details of some of these procedures altered and that the account that follows is necessarily general.

Suits before the Lancaster Chancery Court were initiated by a complaint in the form of a written petition from one party (plaintiff) alleging some wrongful action on the part of another party (defendant). The defendant was required to appear in court to present an answer to the allegations contained in the petition. Evidence was then taken from witnesses. If the suit was started by a private individual the petition, known as a bill, was usually addressed, in the name of the party complaining, to the Chancellor of the Duchy and Palatinate of Lancaster, in his capacity as Chancellor of the Palatinate. If, however, the suit was instituted on behalf of the Crown the bill, known as an information, was addressed to the Chancellor by the Attorney-General of the Palatinate. In the bill the plaintiff usually sought from the court a writ (subpoena ad respondendum) requiring the defendant to appear personally before the court and make an answer to the accusations in the bill. By the mid 15th century the answer, which in earlier times had been given orally, was submitted in written form. The plaintiff could reply to the defendant's answer with a replication, and this in turn could be countered by a rejoinder from the defendant. All these various statements by both parties are known collectively as pleadings, and their purpose was to establish the points at issue between the two parties to a dispute. After the claims and counterclaims of the pleadings were finished, the court took evidence from witnesses called by both parties and the Vice-Chancellor and then made a decision.

By the late 15th century the office of Chancellor of the Duchy had increased in importance and was based in London. This made it impossible for the Chancellor to act in person at Lancaster. Thus, although bills were addressed to the Chancellor, his functions were carried out by a deputy known as the Vice-Chancellor, who was invariably a lawyer. From this time many bills were addressed directly to the Vice-Chancellor. It was this officer who heard suits and made judgments. Bills before the court were usually concerned with debts, land title, rights of way, inheritance and other family financial matters.

The non-current records of the court were stored in Lancaster castle, where the court sat, while those records which were needed for the continuation of the court's business were kept at Preston, where the office of the court, known as the registry, was located. On occasion the court also sat in Preston. In July 1853 an increase of business in the south of the county led to the division of the jurisdiction and the opening of a second registry at Liverpool. A Registrar was appointed for the latter and he also had an office in Manchester. In 1857 the Liverpool district was divided into two, each with a Registrar, and a third registry was established at Manchester. The Manchester District Registry was created in 1857 after four years during which the Liverpool Registry had a branch office in Manchester. In 1893 a sub-registry to Preston opened at Blackburn. Because of the commercial importance of Manchester and Liverpool, the Lancashire cities had the greatest concentration of legal expertise outside London. Preston always had less business than Liverpool and Manchester. Liverpool District Registry operated a dossier system of filing after 1948. Current records continued to be kept at Preston.

In 1971 the Court Act effected the merger of the Lancaster Chancery Court with the national High Court of Justice, and under section 41(1)(a) of this Act the Court was abolished with effect from 1 January 1972.