England Chancery Court Records
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Chancery Court
What is a Chancery? A simple definition says "Chancery Proceedings record disputes over inheritance, land, debts, etc., from the fourteenth to the nineteenth centuries"(Gibbons). FitzHugh states, "Chancery as a court of law dates from about 1348. It was a court of equity based on Roman Law to deal with cases for which the Common Law made no provision, and later with cases remediable under Common Law but in which the plaintiff would have found himself under a legal disadvantage. It was absorbed into the Supreme Court of Judicature in 1873"(FitzHugh, 65)
Garrett explains, "Originally, all cases were oral. . . [the] plaintiff and the defendant appeared before the Judge, and indulged in an altercation on the spot. Later, however, the practice grew up of setting down the initial proceedings in writing"(Garrett, 1). Garrett continues by explaining the different types of documents and the general order in which they were made.
There are two divisions in the Court of Chancery, being the court of Common Law and the court of Equity. This paper discusses only the court of Equity. The primary documents are of two kinds: a) Proceedings; and b) Registers.
Content
Proceedings consist of the following documents:
1) Bill of Complaint
2) Writ of Subpoena
3) Answer by the defendant, or Plea to reject the Bill
4) Replication, or Exception, by the plaintiff
5) Rejoinder by the defendant
6) Rebuttal by the plaintiff (sometimes)
7) Surebuttal by the defendant (sometimes)
8) Interrogatories
9) Depositions by witnesses
10) Bill of Revival
Registers consist of the following types of documents:
1) Orders and Decrees
2) Awards and Agreements
The Family History Library has no original records from the court of Chancery. The collection consists of calendars, abstracts, and indexes. To find Chancery Court records, look in the Place Search of the Family History Library Catalog under:
ENGLAND - COURT RECORDS
Chancery Court records are held at The National Archives.
Chancery Calendars, Indexes and Abstracts
Some of the Chancery court records have been indexed. See the article by Ronald A. Hill mentioned below to see a list of indexes for different time periods. Also, two of The National Archives Research Guides “Chancery Proceedings: Equity Suits from 1558" and “Chancery Proceedings: Equity Suits before 1558” list the records and what records have been indexed.
The National Archives website has available the “Equity Pleadings Database”, which includes part of the C6 class of records and is searchable by name or place. Also, some of these records have been indexed in The National Archives Catalogue. Search the catalogue with an ancestor's surname in the "Word or Phrase" field and the letter C in the "Department or Series code" field.
Two men, Charles Allen Bernau and George Frederick Tudor Sherwood, have both complied calendars and indexes to chancery material. The Family History Library has the Bernau Collection and Sherwood Collection:
- Genealogical Extracts from Chancery Proceedings by Bernau FHL Film 385284 (1st of 615 films).
- Depositions from Chancery Proceedings, 1714-1758, Exchequer, Charity Depositions, With a Few Before 1714 by Bernau FHL Books 942 P2dp v. 1-24.
- The Sherwood Record Collection: The Sherwood Slip Index by Surname and County. FHL Film 413549 (1st of 453 films).
Chancery Proceedings and Depositions Indexes and Published Records
The information in the following chart was compiled from The National Archives Research Guides to Chancery Records, and Ronald A. Hill's article “English Genealogical Research: Using Chancery Court Proceedings”. National Genealogical Society Quarterly. Volume 91, No. 2, June 2007. pp. 111-138. Digital version at NGS website (£) (used with permission).
Date/Range |
Class/Bdle |
Description | |
Indexes or Printed |
1377-1558 |
C1/1 |
Chancery Proceedings |
|
Calendar of Proceedings in Chancery, vol. 1, pp. i-cxlvii, FHL film 874093, item 1. |
1377-1422 |
C1/2 |
Chancery Proceedings |
|
Calendar of Proceedings in Chancery, vol. 2, pp. i-lxxvi, FHL film 874093, item 2. |
1385-1467 |
C1/3-37 |
Chancery Proceedings C1 documents were sorted in the 19th century into bundles according to the name of the chancellor to whom they were addressed. In many cases, the |
Online in TNA Catalogue; Lists and Indexes, Early W P Baildon ed., Select Cases in Chancery, A.D. | |
1433-1485 |
C1/38-75 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 16; Bernau Index; Sherwood Slip Index. W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
1485-1500 |
C1/76-235 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 20; Bernau Index; Sherwood Slip Index. |
1500-1515 |
C1/23 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 29; Bernau Index; Sherwood Slip Index. |
1515-1518 |
C1/378-457 |
Chancery Proceedings | |
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 38; Bernau Index; Sherwood Slip Index. |
1518-1529 |
|
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 38; Bernau Index; Sherwood Slip Index. |
1529-1532 |
C1/60 1-694 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 48; Sherwood Slip Index. |
1532-38 |
C1/69 4-771 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 48; Sherwood Slip Index. |
1533-1538 |
C1/77 2-934 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 50; W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
1538-1544 |
5-1094 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 51; Sx bundles 935-987 only. |
1544-1551 |
95-1285 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 54; W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
1551-1553 |
86-1324 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 54; W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
1553-1555 |
C1/13 25-1397 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 55; W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
1556-1558 |
98-1488 |
Chancery Proceedings |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 55; W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
[1386-1558] |
C1/14 89-1519 |
Chancery Proceedings various dates, some early. |
|
Online in TNA Catalogue; Lists and Indexes, Early Chancery Proceedings FHL British Q 942 B4pre no. 55. W P Baildon ed., Select Cases in Chancery, A.D. 1364-1471 (Selden Society, 1896). Many local record societies have published transcripts for their own county. For a list of local record society publications, see E C Mullins, Texts and Calendars (London, 2 vols, 1978, 1983: continued on www.hmc.gov.uk). Most are available in The National Archives library. |
1558-1603 | C2/Eli z/A.a.1-H.h.6 |
Chancery Proceedings: Series I or the Regnal Series. Several sequences of paper finding aids, including name and place indexes, at The National Archives. *Some published catalogues; see Bibliography. |
|
Not all are searchable online. Some but not all are included in the Bernau Index. Calendars of the Proceedings in Chancery in the Reign of Queen Elizabeth. Vol 1 FHL film 874093 item 1 or 1501916; prefaced by bundle 1. Early Chancery Proceedings mentioned above. |
1558-1603 |
C2/Eli z/H.h. 7-R.r.12 |
Chancery Proceedings: Series I or the Regnal Series. Several sequences of paper finding aids, including name and place indexes, at The National Archives. *Some published catalogues; see Bibliography. |
|
Not all are searchable online. Some but not all are included in the Berna Index. Calendars of the Proceedings in Chancery in the Reign of Queen Elizabeth. Vol 1 FHL film 874093 item 2 or 1501917; prefaced by bundle 2 Early Chancery Proceedings mentioned above. |
1558-1603 |
C2/Eli z/S.s. 1-Z.z.1 |
Chancery Proceedings: Series I or the Regnal Series. Several sequences of paper finding aids, including name and place indexes, at The National Archives. *Some published catalogues; see Bibliography.
|
|
Not all are searchable online. Some but not all are included in the Bernau Index. Calendars of the Proceedings in Chancery in the Reign of Queen Elizabeth. Vol 1 FHL film 874094 or 1501918. |
1558-1603 |
C2/Eli z/Misc. Bundl |
|
|
Not all are searchable online. Some but not all are included in the Bernau Index. Calendars of the Proceedings in Chancery in the Reign of Queen Elizabeth. Vol 1 FHL film 874094 or 1501918. |
1603-1625 | C2/James |
|
|
Not all are searchable online. Some but not all are included in the Bernau Index. Lists and Indexes, Index of Chancery Proceedings (Series I) James I, L-M only FHL Q 942 B4pre no. 32 |
1625-1649 | C2/Chas |
Chancery Proceedings: Series I or the Regnal Series. Several sequences of paper finding aids, including name and place indexes, at The National Archives. *Some published catalogues; see Bibliography.
|
|
Not all are searchable online. Some but not all are included int he Bernau Index. Partial index found in The Index Library, A Calendar of Chancery Proceedings, Bills & Answers, Charles I. |
1558-1579 |
C 3/1-202 |
Chancery Proceedings: Series II.* |
|
Searchable online for 1st plaintiff, 1st defendant and county. Lists and Indexes, Index of Chancery Proceedings (Series II), FHL Q 942 B4pre no. 7 (FHL film 1696603 item 10). Indexed in Bernau Index and Sherwood Slip Index. |
1579-1621 |
C 3/203-329 |
Chancery Proceedings: Series II.* |
|
Searchable online for 1st plaintiff, 1st defendant and county. Lists and Indexes, Index of Chancery Proceedings (Series II), FHL Q 942 B4pre no. 24. Indexed in Bernau Index and Sherwood Slip Index. |
1621-1660 |
C3/330-469 |
|
|
|
1558-1649 |
C3/470-485 |
|
|
Searchable online for 1st plaintiff, 1st defendant and county. FHL film 1501919 item 3. |
|
C4 |
|
|
Partially searchable online; nothing available at FHL; An unpublished descriptive list of part of the series available at the TNA. |
1570-1714 |
C8 |
|
|
Not searchable online. TNA manuscript calendar |
1613-1714 |
C 5 |
Six Clerks Series: Bridges |
|
Searchable online for 1st plaintiff, 1st defendant and county. Lists and Indexes, Index of Chancery Proceedings, Bridges Division 1613-1714. A-C only FHL Q 942 B4pre no. 39 Included in Bernau Index and Sherwood Slip Index |
1620-1714 |
|
Six Clerks Series: Hamilton** |
|
Not searchable online. TNA manuscript calendars Peter Coldham, Index to disputed estates in chancery, FHL ??????? |
1625-1714 |
|
Six Clerks Series: Collins** |
|
TNA manuscript calendars Single Bills calendar to bundles 356-610 only FHL film 824643 or 1501924 item 3
|
1640-1714 |
C 10 |
|
|
Searchable online for 1st plaintiff, 1st defendant and county for about half the series. TNA manuscript calendars: |
1649-1714 | C9 | Six Clerks Series: Reynardson |
|
Manuscript calendar for bundles 1-41 (out of 491 bundles) FHL film 824656 or 1501935 Sherwood Slip Index contains defendants surnames.
|
- Miscellaneous set of answers and subsidiary documents are in C 4, which is searchable.
- For C 6, C 7, C 8 and C 10, there are indexes to disputed wills (by the name of the testator, not of the plaintiff) available at The National Archives. P W Coldham compiled these idexes.
1715-1758 | C 11 | Various Six Clerks, Series I. |
Searchable online for 1st plaintiff and one defendant. The Bernau Notebooks give more information (for all parties) surname, forename, occupation and date: available at the FHL see Bernau notebooks listing below. |
1758-1800 | C 12 | Various Six Clerks, Series II |
Searchable online for 1st plaintiff and one defendant. Bernau Chancery Proceedings at FHL: |
1800-1842 | C 13 | Various Six Clerks, Series III |
Searchable online for 1st plaintiff and one defendant: work is taking place on this series to make it searchable by full name of all defendants. |
1842-1852 | C 14 | Modern Series: Pleadings |
Searchable online for 1st plaintiff and 1st defendant. To check that a suit is the right one, order up the relevant volume from C 32. |
1844-1864 | C 18 |
Miscellaneous Pleadings. Contains a very few 17th and 18th century pleadings. |
Searchable online for 1st plaintiff and 1st defendant and defendant. Gives forename as well. |
1853-1860 | C 15 | Modern Series: Pleadings |
Searchable online for 1st plaintiff and 1st defendant. To check that a suit is the right one, order up the relevant volume from C 32. |
1861-1875 | C 16 | Modern Series: Pleadings |
Not searchable online. To check that a suit is the right one, order up the relevant volume from C 32. |
1876 Onwards | J 54 |
Chancery Division: Pleadings, Common Law Orders etc., |
Not searchable online. Index for 1876-1880 only in IND 1/2218 to IND 1/2226 |
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Town Depositions
Date Range |
Class/ Bdle |
Description | Indexes or Printed |
1534-1853 | C 24 | Town depositions |
C 24/2450 to C 24/2508 are searchable on line. Deponents indexed in Bernau Index. Mostly listed by term: use IND 1/16759 and IND 1/9115 to IND 1/9121. Partial Calendar 1534-1558 FHL film 916577 item 2. |
1854-1880 March |
C 15, C 16, J 54 | Town depositions are filed with the pleadings. | See pleadings above. |
1880 April | See Country depositions |
Country Depositions
Date Range |
Class/ Bdle |
Description | Indexes or Printed |
1558-1649 | C 21 | Country depositions |
Searchable online for 1st plaintiff and 1st defendant. |
1649-1714 |
C 22 | Country depositions |
Searchable online for 1st plaintiff and 1st defendant. Depoinents indexed in Bernau Index for C 22/1, and for all cases where the plaintiff's name began with A: about 8% of total Manuscript Calendars, alphabetical by plaintiff surname
|
1715-1880 March |
C 11, |
Country depositions are filed with the pleadings | See pleadings above |
1880 April 1925 |
J 17 | Town and Country depositions | Use IND 1/16748 to IND 1/16752 |
References