Instruments from Other Courts

Various legal instruments directed to the Prerogative Court of Canterbury from Chancery, King's Bench and other Common Law Courts.

Topics

Wills and probate

The proctor of either party to a Prerogative Court of Canterbury (PCC) cause had the right to appeal to the Crown in Chancery, either on the grounds of a grievance - gravamen, some alleged miscarriage of justice in the handling of the cause - or against the final sentence.

If his petition was accepted the crown commissioned judges delegate to hear the appeal. In the event of an appeal a gravaminibus the Delegates issued an inhibition to the PCC, ordering the suspension of further action there until the appeal had been heard. The inhibition, under the Delegates' seal, was shown to the PCC registrar or one of his deputies during a sitting of the court and an English note summarising the contents was left with him, whilst the original inhibition, duly executed, was returned to the registry of the High Court of Delegates.

After settling the grievance the delegates usually relaxed the inhibition and referred the case back to the PCC by means of another instrument known as a remission. When it was necessary to consult PCC Acts of Exhibits in order to hear an appeal, a monition to transmit the relevant documents (or true copies) was issued. Once again, the original instrument was shown to the registrar, and a copy, usually on paper but sometimes on parchment, was left with him.

A PCC cause might also be suspended by a prohibition or injunction from King's Bench, Common Pleas, Exchequer of Chancery if Proceedings in the PCC were deemed prejudical to a related cause in one of these courts. Very few such instruments have been found among the records of the PCC, and it may be that the usual procedure was to serve them on the registrar without leaving a copy.

The writ mandamus from King's Bench could be applied for by an executor or administrator who felt that there was unnecessary delay by the PCC in granting probate or administration.