Records of the Court of Common Pleas

Division within PL

1377-1875

Records of the Palatinate of Lancaster's Court of Common Pleas relating to common law jurisdiction.

Plea rolls are in PL 15, docket rolls in PL 16, fines files in PL 17 and writs in PL 20. Files of sessional papers are in PL 21; declarations, formerly on those files, were kept in a separate series from 1788 in PL 22. Enrolments of fines are in PL 18. Panels of jurors are in PL 19. Records concerning the admission of attorneys are in PL 23. Miscellaneous administrative records of the Prothonotary are in PL 24

The Court of Common Pleas was absorbed into the new High Court of Justice in 1875; records of cases heard in the county thereafter should be sought among its records.

Public Record(s)

English

10 series

Topics

Official publications

The grant of sovereign rights to Henry Duke of Lancaster in 1351 and to John of Gaunt in 1377 included the power to hold pleas of the Crown and other common law pleas within the county of Lancaster. Two courts evolved: the Court of Common Pleas (originally known as the Bench or the Common Bench) which exercised a civil jurisdiction similar to the Courts of Common Pleas and King's Bench at Westminster, and the itinerant justices of assizes; and the Crown Court which heard pleas of the Crown and exercised a jurisdiction similar to the Crown side of the Court of King's Bench at Westminster and itinerant justices of gaol delivery and oyer and terminer.

Although the civil and criminal jurisdictions came to be exercised in two parallel courts, the distinction was drawn less clearly in the early years of the Palatinate. Between 1351 and 1361 the two courts held simultaneous sessions but kept separate records of proceedings. For much of the 15th century, however, the rolls of proceedings contain matters arising in both courts (although there are separate docket rolls for common pleas and Crown business). The extent to which this record-keeping reflected the relationship between the courts is unclear.

Throughout the lifetime of the two courts wide-ranging commissions reminiscent of the general eyre were issued to the justices at Lancaster by the Duke and, from 1399, the monarch, through the Chancellor of the Duchy of Lancaster. The commission issued to each justice empowered him to hear and determine all pleas in the county, defined as Crown pleas, the possessory assizes and all other pleas whatsoever.

From 1377 two justices were appointed: a chief justice and a second justice. Although each was omnicompetent, in practice the chief justice usually presided over the Crown Court and the second justice over the Court of Common Pleas. From 1377 the justices were, with a few exceptions, lawyers and were either justices of the King's courts at Westminster or subsequently to become so. From about 1600 the justices were those nominated for the Northern Assize Circuit.

The business of the court was similar to that of the Court of Common Pleas at Westminster. As well as fines and recoveries (until their abolition in 1834) the court dealt with pleas such as land, debt, dower, waste, account, ejectment and damages and the appeals of death and mayhem. For most of its existence it dealt with the plea of trespass but, between 1351 and 1361 at least, this was dealt with by the Crown Court. Responsibility for the possessory assizes also moved between the two courts.

The court had exclusive jurisdiction in cases where an original writ (obtainable from the palatine Chancery) was needed to commence litigation. These cases included real actions, i.e. actions concerning land, including fines and recoveries. The court's jurisdiction in personal actions (initiated by writ or by bill) included those where the cause of action lay outside the county, as long as the defendant resided within it.

It came to share its jurisdiction with the courts at Westminster after 1834, when an Act abolished the requirement for an action to be initiated by original writ (4 & 5 Wm IV c62). Before then Lancaster differed from other counties in that cases were not held at nisi prius because the specific delegation of central jurisdiction was not required in Lancaster.

For most of its lifetime the court sat twice a year, during Lent and in late summer, at the same time as the Crown Court. The sessions of the two courts were commonly referred to jointly as the Assizes. Some early sessions were held in Preston but for the most part the courts were based at Lancaster Castle. In the mid 19th century, following population increases in other centres, local pressure led to the establishment of Liverpool (1835) and Manchester (1864) as assizes towns.

The chief officer of the court was the Prothonotary; he was appointed by the Chancellor and, from the 15th century, was a lawyer. He performed a combination of administrative and judicial duties: he was responsible for keeping the records of the court, for taxing costs, for issuing rules and orders, and for administering the business of the court generally. He exercised the same powers as equivalent officers at the Westminster courts (17 & 18 Vict c125).

His office, which was at Preston, was open throughout the year, and execution of writs could take place between sessions. This led to a speedier system of justice, which was one of the features of the court commended by the commissioners enquiring into the palatine courts at Lancaster in 1830. District offices at Liverpool and Manchester were established in 1869, with deputy prothonotaries exercising the same powers as the Prothonotary (32 & 33 Vict c37).

Only those formally admitted and enrolled as attorneys in the palatine courts could practice there. From 1730 this was regulated by statute and the Prothonotary was required to keep registers of those who had taken the necessary oath and of those who were articled clerks, and to maintain affidavits of execution of articles of clerkship (2 Geo II c23 and 34 Geo II c26).

In the charters establishing the Palatinate the correction of error was reserved to the Crown. This came to be exercised through the Court of King's Bench at Westminster, appeal being through writ of error. In its turn the palatine Court of Common Pleas acted as a superior court to lower courts within the county, such as the County Court and Salford Hundred Court.

In 1828 a commission of enquiry was set up by the Duchy to examine current practice in, inter alia, the palatine Court of Common Pleas, and to make recommendations for improvements. Its report commended the palatine court for its efficiency and its convenience for local residents, and found that the justice it dispensed was sufficiently consistent with that provided at the Westminster courts.

It supported the court's continued existence but recommended some reforms which were effected by subsequent legislation (especially 4 & 5 Wm IV c62). Other reforms resulted from the Common Law Procedure Acts of 1852 and 1854 (15 & 16 Vict c73, and 17 & 18 Vict c125), for example the extension of the judges' power to make rules.

Reforms in the administration of justice during the 19th century culminated in the Supreme Court of Judicature Act of 1873 (36 & 37 Vict c66). This abolished the common law and criminal jurisdictions of the Palatinate of Lancaster. A High Court of Justice was established, with district registries to handle work in connection with actions to be heard locally. Henceforth, actions which had been heard by the palatine Court of Common Pleas were dealt with by the High Court sitting locally. The Lord Chancellor took over the powers of the Duchy Chancellor in respect of the court and its officers.