
                    **********************************
                          PUBLIC RECORD OFFICE 
                    RECORDS INFORMATION Leaflet No: 30
                    **********************************

  [Note: this and all other PRO Records Information leaflets are (c)
  Crown Copyright, but may be freely reproduced except for sale or
  advertising purposes.  Copies should always include this Copyright
  notice -- please respect this.]  (C) Crown Copyright, September 1990

------------------------------ start of text ------------------------------

                   CHANCERY PROCEEDINGS (EQUITY SUITS)
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INTRODUCTION

The equity side of the court of Chancery handled an enormous amount of
business, dealing with disputes over inheritance, lands, debts, marriage
settlements, etc. It functioned from the 14th century until 1873, when all
equity jurisdiction passed to the Chancery Division of the Supreme Court
of Judicature.

Records of cases heard in Chancery fall into many different categories,
each filed separately. Most are in English. Each class of records is
described in volume 1 of the Guide to the Contents of the Public Record
Office (HMSO, 1963) pp.29-35. The classes - each with a reference beginning
with the letter C until 1875 and the letter J thereafter - are also listed
numerically in the typescript Summary of Records available on the search
room shelves.

Readers should note that:

      1) most of <the records are indexed by the surname of the plaintiff
         only> and that there is <no union index of names>;

      2) although the written depositions made by witnesses survive, there
         are no transcripts of oral proceedings in court.


STARTING A SEARCH

The Entry Books of Decrees and Orders (in the classes C 33 and J 15; see
pp.4-5) are usually the best starting point in searching for the records
of a particular case. The decree will give you the date of the case and
some basic information about it, including the outcome. Indexes by name of
plaintiff to the entry books, covering the years 1544-1955, are on the
search room shelves (Long Room presses D and J-R). By the nineteenth
century cases concerning disputed estates often appear in these indexes
under the name of the party deceased or the original owner of the estate
rather than that of the plaintiff.

For some classes of records and for some periods, especially the sixteenth
and seventeenth centuries there are in addition indexes to proceedings in
Chancery. Some are published but others, such as P. W. Coldham's index to
disputed estates in the second half of the seventeenth century, are
available only in the PRO (Long Room presses F and G). The Bernau index,
which is particularly useful for eighteenth century cases, is available on
microfilm at the Society of Genealogists. All published and unpublished
indexes are listed in the bibliography (see pp.9-10).


THE RECORDS

The records of cases fall into three categories: pleadings, evidence and
court decisions and opinions. Pleadings were statements made by the parties
to a case; these bills,answers, replications and rejoinders are
collectively known as Chancery Proceedings.

Evidence took the form of affidavits (statements on oath), depositions
(examinations of witnesses), exhibits and masters' documents. Court
decisions are recorded in the Entry Books of Decrees and Orders already
mentioned and Chancery Masters' opinions are in the Reports and
Certificates in the class C 38.


1. <Pleadings>

A suit was initiated by a bill of complaint submitted by the plaintiff
(sometimes called the orator). The bill set out the case against the
defendant, and conventionally included statements about the plaintiff's
lack of resources and power vis-a-vis the defendant. In addition, the bills
(apart from the earliest ones) give the plaintiff's name, occupation, rank
and address. The defendant's answer could be followed by a replication from
the plaintiff which might in turn produce a rejoinder from the defendant
and so on. The proceedings were filed in a complicated system which is
described in detail in the Guide to the Contents of the Public Record
Office (HMSO 1963) vol. 1. pp.32-3. They are now in the following classes:

      a. Richard II - 1558

      <C 1 Early Chancery Proceedings>

      The printed lists give the names of the principal plaintiffs and
      defendants, a short note on the nature of the dispute and the place
      or county concerned.

      b. From the reign of Elizabeth I the series divides:

      <C 2 Chancery Proceedings: Series I>

      Elizabeth I - Charles I. The suits were filed into regnal series (C
      2/Eliz., C 2/Jas I and C 2/Chas I). The proceedings are grouped under
      the initial letter of the first plaintiff's surname.

      <C 3 Chancery Proceedings: Series II>

      Elizabeth I - Commonwealth.

      <C 4 Chancery Answers, etc>

      Medieval - Seventeenth Century. Answers and subsequent pleadings
      which have become separated from the bills to which they relate.
      Supplementary to C 1 - C 3. The first forty-six bundles have been
      indexed: the remainder is at present unavailable. Index with Round
      Room Officer.

      c. In the 17th century, each of the six clerks of the- Court of
      Chancery began to file cases separately in their respective division.
      These records from the classes of Chancery proceedings are known as
      the Six Clerks Series:

            C  5   Bridges        1613-1714>
            C  6   Collins       c1625-1714
            C  7   Hamilton      c1620-1714
            C  8   Mitford       c1570-1714
            C  9   Reynardson     1649-1714
            C  10  Whittington   c1640-1714

      d. After 1714 the proceedings continued to be filed under the
      respective division of the six clerks, but are arranged
      chronologically as follows:

            C 11   Various Six Clerks, Series I       1714-1758

          * C 12   Various Six Clerks, Series II      1758-1800

            C 13   Various Six Clerks, Series III     1800-1842

      There are printed and manuscript catalogues to all the proceeding
      classes. It should be noted however, that it is exceptional to find -
      bills and answers filed together under the same reference.
      Furthermore the name of the principal plaintiff or defendant could
      be changed by the court's authority, and it was not at all unusual
      for a trial to be opened under one title but to end with one
      completely different. Pleadings could be withdrawn if the case was
      settled before judgement was passed. The classes of pleadings may
      therefore be incomplete (see also C 18 and C 4 below).

      e. From 1942 the pleadings were filed in a Modern Series according
      to a cause number as follows:

            C 14 Chancery Proceedings, Modern Series: Pleadings 1842-1852

            C 15 Chancery Proceedings, Modern Series: Pleadings 1853-1860

            C 16 Chancery Proceedings, Modern Series: Pleadings 1861-1875

      There is a complete set of indexes to those classes on the searchroom
      shelves (Long Room, press D), and an alphabetical list of suits
      commenced between Michaelmas Term 1852 and 31 December 1855 (Long
      Room, press F).

      f. There are in addition to the above classes two classes of
      miscellanea. Miscellaneous Proceedings from the Six Clerks Office (C
      18) includes printed copies of proceedings etc. dating mainly from
      the mid-nineteenth century, although the earliest case is dated 1664.
      Answers etc. (C 4) contains bills, answers and subsidiary documents
      from the fourteenth century onwards. An index of names and calendar
      is available in the Long Room.

      g. From 1876, following the establishment of the Chancery Division
      of the Supreme Court of Judicature in 1873, Pleadings, Common Law
      Orders etc., are in the class J 54. The earliest documents in the
      class (J 54/1-156) are arranged in cause number order. There are
      indexes for the period 1876-1879 (Long Room press D).  From April
      1880 they are arranged according to the date of filing in
      alphabetical order under the plaintiff's names in quarterly divisions
      of each year. The date of filing of the pleadings may be ascertained
      from the related order, though cause books survive for 1880 (Apr. -
      Dec. only), 1890, 1900, 1910, 1920, 1930 ad 1940 in the class J 89.

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*     This class contains a number of documents which should have been
      filed in the period 1714-1758.  Some are indexed separately, others
      are included in the main body of the index to proceedings.
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2. <Evidence>

When the pleadings were finished, and no more counter-replies remained to
be filed, the court commissioned certain persons to examine witnesses. Both
sides drew up a list of simple questions, called interrogatories, to be put
to the witnesses. The answers to these interrogatories, called Depositions,
provide information about the case and often about the parties involved in
the dispute, which may not be included in the pleadings. The deponent's
name, address, age and occupation would be set out at the head of the
deposition. The depositions fall into two groups: town depositions taken
from witnesses present - in London and country depositions taken from
witnesses elsewhere. They are now arranged in the following classes:

      C 21  Country Depositions, Elizabeth I - Charles
            (indexes in Long Room, press F)

      C 22  Country Depositions, 1649-1714
            (indexes in Long Room, press G)

      Country depositions from 1715 to March 1880 are filed with the
      pleadings.

      C 23  Sealed, or Unpublished Depositions, Elizabeth I - Victoria
            (procurred for use in contingencies which never arose;
            not yet listed)

      C 24  Town Depositions 26 Henry VIII - 1953

      Town depositions from 1854 to March 1880 are filed with the
      pleadings.

      J 17  Supreme Court of Judicature, Chancery and King's Bench
            Divisions, Depositions, April 1880 - 1925.

<Affidavits>, or voluntary statements made upon oath during the progress
of a Chancery suit, are in the following classes: 

      C 31  Affidavits, 1611-1875

      J 4   Supreme Court of Judicature, Affidavits (Series 1), 1876
            onwards.

      Up to 1819 the affidavits are arranged chronologically by term;
      thereafter they are filed alphabetically by plaintiff. Indexes to the
      affidavits (IND 7245-7293 and 14545-14684) are, until the mid-19th
      century, only a rough and ready means of reference, affording such
      information as will produce a bundle of 200-300 documents.

      It may be possible to find copies of any affidavits missing from C
      31 in the class C 41, Registers of Affidavits, 1615-1747. The indexes
      to C 31 may be used for this class.


3. <Court Decisions and Opinions>

Any orders made during the course of a case and the final judgement are
recorded in the <Entry Books of Decrees and Orders>, which give in addition
the date for the recording of the depositions and affidavits, the hearing
and the final decree. Sometimes, of course, the case did not proceed after
the bill and answer had been filed and thus no order recording the outcome
will be found. The entry books are in the following classes:

      C 33  Entry Books of Decrees and Orders, 1544-1875

      J 15  Chancery Division, Entry Books of Decrees and Orders, 1876
            onwards

      Up to 1932 the volumes are in two series known as 'A' and 'B'. Until
      Trinity term 1629 both 'A' and 'B' books list suits from A to Z.
      Thereafter 'A' books list suits A-K and 'B' books L-Z by name of
      plaintiff. In 1932 the 'A' and 'B' books were amalgamated. The
      indexes on the search room shelves (Long Room presses D and J-R) each
      contain up to 1860 four terms starting from Michaelmas. For example
      the index listed as 1849 covers Michaelmas 1849 and Hilary, Easter
      and Trinity terms 1850. From 1860 each index covers a calendar year.

      For a glossary of common abbreviations, see p.8, below.

Decision on points arising from a Chancery suit or matters upon which the
court felt unable to pronounce a verdict which were submitted to a Master
for investigation or consideration are in the Reports and Certificates.
After 1852 the certificates of the Taxing Masters, with accounts and other
papers annexed, are often included.

      C 38  Reports and Certificates 1544-1875. Arranged alpha-     
            betically term by term.

      C 39  Reports (Supplementary) 1580-1892. Consist mainly of      
            documents too bulky to be bound up in the main series.

      J 57  Supreme Court Reports and Certificates 1876 onwards. 

      There are indexes to these classes from 1606 (Long Room, press).

References to all decrees and orders, reports and certificates made during
the course of a case, together with the names of all the parties to it and
their solicitors and the dates of all their appearances, are, for the years
1842 to 1880 only, recorded in the <Cause Books> (C 32). Cause Books from
April 1880 onwards were destroyed on the recommendations of the Committee
on Legal Records chaired by Lord Denning. Specimens only are preserved in
the class J 89 for April - December 1880, 1890, 1900, 1910, 1920, 1930 and
1940.

The results of cases decided by arbitration are recorded in the Awards and
Agreements, 1694-1844 (C 42).

Decrees and orders which were enrolled, generally in order to render the
record of the judgement more authoritative, are to be found in the Decree
Rolls. Any appeal against such decrees or order would have to be made to
the House of Lords.

      C 78  Decree Rolls, 26 Henry VIII - 1903

      C 79  Decree Rolls, Supplementary Series, 1534-1903

Appeals against unenrolled decrees and orders are among the Petitions. The
following classes include in addition to the appeal petitions, 'ordinary'
petitions, for example for winding up associations or for the appointment
of new trustees to administer an estate.

      C 36  Ordinary and Appeal Petitions, 1774-1875

      J 53  Chancery Division Petitions, 1876-1925

<Masters' documents> contain affidavits, examinations of witnesses, estate
accounts, will and other documents on which the Masters founded their
reports, together with the drafts of reports. The documents are arranged
under the name of each of the last Masters (before their abolition in
1852). The successions of Masters are shown in T L Hardy, A Catalogue of
Lords Chancellors, etc. (1843). There is no separate class for Lynch, but
records for this Master and his predecessors may be found in C 123 and
C 124 (see below) .

      C 117  Brougham       C 122  Farrar
      C 118  Horne          C 123  Humphrey
      C 119  Rose           C 124  Blunt
      C 120  Tinney         C 125  Senior
      C 121  Richards       C 126  Kindersley

There are indexes to these records, but no class lists; the indexes are not
always reliable. However, a select index of Exhibits has been compiled for
the National Register of Archives and is available at the Historical
Manuscripts Commission, Quality Court, Chancery Lane, London WC2.


<Masters' Exhibits>

Exhibits produced in court were normally returned to the plaintiff.
However, those remaining unclaimed form the collection of documents known
as Masters' Exhibits. It consists of title deeds, court rolls and other
miscellaneous documents, arranged under the names of the last Masters
(before their abolition in 1852).

      C  103   Blunt c1250-1859
      C  104   Tinney 13th-19th century
      C  105   Lynch 1466-1835
      C  106   Richards undated
      C  107   Senior c1250-1851
      C  108   Farrar c1220-1845
      C  109   Humphrey c1180-1857
      C  110   Horne c1280-1855
      C  111   Brougham 13th century-1848
      C  112   Rose undated
      C  113   Kindersley 1234-1860
      C  114   Unknown 1557-1852

      In addition, the exhibits include

      C  115   Duchess of Norfolk Deeds 12th-19th century
      C  171   Six Clerks' Office 14th-19th century
      J  90    Chancery Masters' Exhibits 19th century


MONEY 'IN CHANCERY'

Many families have stories about money 'in Chancery'. This may refer to
disputed legacies etc., which were somehow left in charge of the court or,
more usually, to money deposited by solicitors (after 1876) when they were
unable to trace a legatee or next of kin. The PRO has lists of funds
published as supplements to the London Gazette 1893-1974 (Long Room, press
G) and court proceedings relating to the case. For further information
about these 'dormant funds' apply to the Court Funds Office, 22 Kingsway,
London WC2B 6LE.


FINDING AIDS

The Bernau Index - The Bernau Index on microfilm at the Society of
Genealogists, 14 Charterhouse Buildings, London EC 1M 7BA, may be consulted
concerning the following classes:

      C  2  (Chancery Proceedings: Series I): period 1603-1625, suits
            A-K only; 1625-1649, defendants' surnames only
      C  3  (Chancery Proceedings: Series II)
      C  5  (Bridges)
      C  9  (Reynardson): defendants' surnames only
      C 11  (Various Six Clerks, Series I, 1714-1758): all  names
            mentioned in litigation, including depositions filed among
            bills and answers
      C 12  (Various Six Clerks, Series II, 1758-1800): depositions
            only. Six Clerks Whittington-Sewell and Purcas-Winter
            only
      C 21  (Country Depositions Eliz I - Chas I): all deponents
      C 22  (Country Depositions 1649-1714): approximately 8% of all
            deponents
      C 24  (Town Depositions): all depondents to about 1800 only

The Index does not give the PRO class reference, merely the bundle and sub-
number prefixed by a description of the class (e.g. Chancery proceedings
1625-1649 T 120/14 = C 2/Chas 1/T 1 20).

<PRO Means of Reference> - Other means of reference to the classes
described in this leaflet are listed in the bibliography. Some have been
published and are available in large reference libraries, but many are
available only in the PRO. To find the location of these means of reference
searchers should consult the card index of lists and indexes by the
officer's desk in the Long Room and the Catalogue of Indexes to Chancery
cases (Long Room, press A), remembering that, apart from the Bernau index,
there are no indexes to defendants' names.


GLOSSARY: see overleaf

Note: The documents described in this leaflet are available only at the
      PRO, Chancery Lane.


GLOSSARY

Some Abbreviations Found in Chancery Decrees and Orders (C33)

      accott          =   accountant
      affdt           =   affidavit
      appot           =   appointment
      bequed          =   bequeathed
      Col             =   Counsel
      Cot             =   Court
      conson          =   consideration
      declon          =   declaration
      Excepons        =   Exceptions
      exor            =   executor
      furr            =   further
      hrinbefe        =   hereinbefore
      hrs             =   heirs
      incon or inion  =   injunction
      indre           =   indenture
      L C             =   Lord Chancellor
      M R             =   Master of the Rolls
      Mr              =   Master
      mre             =   matter
      Orar            =   Orator
      ors             =   others
      pper            =   paper
      testor          =   testator
      tree(s)         =   trustee(s)
      wo              =   widow

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                              BIBLIOGRAPHY

BOOKS

R E F Garrett, Chancery and other Legal Proceedings (Shalfleet Manor, 1968)

W J Jones, The Elizabethan Court of Chancery (Oxford, 1967)


PUBLISHED FINDING AIDS

Calendar of Proceedings in Chancery in the Reign of Queen Elizabeth I ed.
J Caley and J Bayler (London, Record Commission, 1827-1832)

Calendar of Chancery Proceedings, Bills and Answers filed in the reign of
Charles I, vols. 1-3, ed. W P W Phillimore, vol. 4, ed. E A Fry (British
Record Society, Index Library, 1903-1904)

Index Nominum of Early Chancery Proceedings, 1386-1467, ed. C A Walmisley
(Harleian Society, vols. LXXVIII-LXXIX, 1927-1928)

Index of Chancery Proceedings, PRO Lists and Indexes, 1558-1579, vol. VII
(1896), 1579-1621, vol. XXIV (1908), 1621-1660, vol. XXX (1909)

Index of Chancery Proceedings, James I, A-K only, PRO Lists and Indexes,
vol. XLVII (1922)

Index of Chancery Proceedings, 1603-1625, A-L only, ed. R Topham, The
Genealogist, n.s. vols. IV, VI-IX (1887, 1889-1892)

Index of Chancery Proceedings, Bridges' Division, 1613-1714, PRO Lists and
Indexes, vol. XXXIX (1913), vol. XLII (1914), vol. XLIV (1915), vol. XLV
(1917)

Index of Chancery Proceedings, Reynardson's Division, 1649-1714, ed. E A
Fry (British Record Society, Index Library, 1903-1904)

Lists of Early Chancery Proceedings, PRO Lists and Indexes, 9 Ric.II-
Edw.IV, vol. XII (1901); 1467-1485, vol. XVI (1903); 1485-1500, vol. XX
(1906); 1500-1515, vol. XXIX (1908); 1515-1529, vol. XXXVIII (1912); 1529-
1538, vol. XLVIII (1922); 1533-1538, vol. L (1927); 1538-1544, vol. LI,
(1929); 1544-1553, vol. LIV (1933); 1553-1558, vol. LV, (1936)


UNPUBLISHED FINDING AIDS

Index of Chancery proceedings, ed. C Bernau, for classes C 11, C 12, C 21,
C 24, 8% of C 22 and parts of Exchequer (Microfilm at Society of
Genealogists).

Index to disputed estates in Chancery classes C 6, C 7, C 8, C 10, ed. P
W Coldham arranged by name of deceased.

Chancery proceedings :  List and index of C 2 Eliz. Typescript

                     :  Index nominum to C 2 Eliz. IND 16753, Manuscript

                     :  Index to C 2 James I, L-2, Manuscript

                     :  Index locorum to C 2 James I, Manuscript

                     :  Index nominum C 2 James I, Manuscript

Chancery Proceedings :  Index to C 3 bundles 470-485, Typescript

                     :  Indexes to Collins' Division, c1625-1714,
                        Manuscript

                     :  Indexes to Hamilton's Division, c1620-1714,
                        Manuscript

                     :  Indexes to Mitford's Division, c1570-1714,
                        Manuscript

                     :  Indexes to Whittington's Division, c1640-1714,
                        Manuscript

                     :  List of misc. proceedings, Six Clerks' Office
                        (C 18), Typescript

                     :  Indexes to proceedings 1714-1758 (C 11); 1758-1800
                        (C 12); 1800-1842 (C 13), Manuscript and Typescript

                     :  Indexes to C 5-C 13, bill books 1673-1842; cause
                        books 1647-1832; clerks in court books 1709-1845
                     :  List and indexes of modern series pleadings, 1842-
                        1875, (C 14-C16) Manuscript and Typescript; bill
                        books IND 2152-69

                     :  List of Supreme Court pleadings, from 1876 (J 54),
                        Typescript

Affidavits (C 31, C 41, J 4); List and Indexes from 1611, Manuscript and
Typescript

Country depositions, Eliz-Chas. I (C 21), indexes, Manuscript

County depositions 1649-1714 (C 22), indexes, Manuscript

Town depositions (C 24) Henry VIII - Geo. I, IND 16759, IND 9115-21,
descriptive list of bundles 2450-2508

Supreme Court depositions (J 17), 1880-1925, IND 16748 et seq., Typescript
list

Cause books (C 32), 1860-1880, IND 16727-47, Typescript list

Decrees and orders (C 33, J 15) 1544 onwards, IND 1388 et seq., Typescript
list

Awards and agreements (C 42), Typescript list

Reports and certificates (C 38, C 39, J 57), list and indexes from 1606,
Manuscript and Typescript

Masters' documents (C 117-C 126), IND 6616-25

Masters exhibits (C 103-C 115) Manuscript list; schedule of Duchess of
Norfolk Deeds (C 115) IND 23396; list of exhibits, Six Clerks' Office,
Manuscript

Supreme Court exhibits (J 90), list and index, Typescript

Decree rolls (C 78) IND 16950-61, Typescript list (incomplete); index to
Supplementary Decree rolls (C 79) IND 16960B

Appeal petitions (C 36, J 53) IND 15029 et seq., Typescript list

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