Identity area
Reference code
Title
Date(s)
- 1701-1783 (Creation)
Level of description
Extent and medium
0.16 linear metres
Context area
Name of creator
Biographical history
The Court of Common Pleas was founded by King Henry II to hear common pleas (matters between subject and subject). It was the only Court where personal actions of account, covenant, debt and detinue could be heard. The Court also had jurisdiction to review and change the decisions of older courts. From 1187 the Court sat at Westminster. The Court was headed by a Chief Justice, working with a team of lesser justices (between three and eight in number at various times) and a large number of clerks. The Court was abolished in 1875.
The Court of King's Bench (or Queen's Bench, depending on the monarch) was founded circa 1200 to hear common pleas, although it came to specialise in pleas of special interest and concern to the king, such as those which involved his own property interests, or breach of his peace, or an error of judgment by another royal court. By 1675 the King's Bench was the highest court of common law in England and Wales, with jurisdiction over both civil and criminal actions. Civil business was conducted on the 'Plea Side' and criminal business on the 'Crown Side'. It was absorbed into the High Court in 1875 (source of information: The National Archives Research Guides "Legal Records Information 34" and "Legal Records Information 36").
The Court of Exchequer originated after the Norman Conquest as a financial committee of the Curia Regis (the King's Court). By the reign of Henry II it had become separate, and was responsible for the collection of the king's revenue as well as for judging cases affecting the revenue. By the 13th century the court proper and the exchequer or treasury began to separate. The court's jurisdiction over common pleas now steadily increased, to include, for example, money disputes between private litigants. A second Court of Exchequer Chamber was set up in 1585 to amend errors of the Court of the King's Bench. These were amalgamated in 1830 when a single Court of Exchequer emerged as a court of appeal intermediate between the common-law courts and the House of Lords. In 1875 the Court of Exchequer became, by the Judicature Act of 1873, part of the High Court of Justice, and in 1880 was combined with the Court of Common Pleas (source of information: The Columbia Encyclopedia, Sixth Edition. 2008).
The Lord Chancellor and his deputies sat in the Court of Chancery to hear disputes about inheritance and wills, lands, trusts, debts, marriage settlements, apprenticeships and so on. As an equity court, Chancery was not bound by the stricter rules of common law courts. Please see The National Archives Research Guides "Legal Records Information 22", "Legal Records Information 42" and "Legal Records Information 28" for more information (all available online).
Repository
Archival history
GB 0074 ACC/0589 1701-1783 Collection 0.16 linear metres Court of King's Bench x Court of Queen's Bench
Court of Exchequer
Court of Common Pleas
Court of Chancery
The Court of Common Pleas was founded by King Henry II to hear common pleas (matters between subject and subject). It was the only Court where personal actions of account, covenant, debt and detinue could be heard. The Court also had jurisdiction to review and change the decisions of older courts. From 1187 the Court sat at Westminster. The Court was headed by a Chief Justice, working with a team of lesser justices (between three and eight in number at various times) and a large number of clerks. The Court was abolished in 1875.
The Court of King's Bench (or Queen's Bench, depending on the monarch) was founded circa 1200 to hear common pleas, although it came to specialise in pleas of special interest and concern to the king, such as those which involved his own property interests, or breach of his peace, or an error of judgment by another royal court. By 1675 the King's Bench was the highest court of common law in England and Wales, with jurisdiction over both civil and criminal actions. Civil business was conducted on the 'Plea Side' and criminal business on the 'Crown Side'. It was absorbed into the High Court in 1875 (source of information: The National Archives Research Guides "Legal Records Information 34" and "Legal Records Information 36").
The Court of Exchequer originated after the Norman Conquest as a financial committee of the Curia Regis (the King's Court). By the reign of Henry II it had become separate, and was responsible for the collection of the king's revenue as well as for judging cases affecting the revenue. By the 13th century the court proper and the exchequer or treasury began to separate. The court's jurisdiction over common pleas now steadily increased, to include, for example, money disputes between private litigants. A second Court of Exchequer Chamber was set up in 1585 to amend errors of the Court of the King's Bench. These were amalgamated in 1830 when a single Court of Exchequer emerged as a court of appeal intermediate between the common-law courts and the House of Lords. In 1875 the Court of Exchequer became, by the Judicature Act of 1873, part of the High Court of Justice, and in 1880 was combined with the Court of Common Pleas (source of information: The Columbia Encyclopedia, Sixth Edition. 2008).
The Lord Chancellor and his deputies sat in the Court of Chancery to hear disputes about inheritance and wills, lands, trusts, debts, marriage settlements, apprenticeships and so on. As an equity court, Chancery was not bound by the stricter rules of common law courts. Please see The National Archives Research Guides "Legal Records Information 22", "Legal Records Information 42" and "Legal Records Information 28" for more information (all available online).
Gifted to the Archive in January 1956.
Legal proceedings for various courts, 1701-1783, including Exchequer proceedings, Common Pleas proceedings, Queens Bench proceedings, and Chancery proceedings. The court cases relate to debts, damages, disputes over wills and inheritance, perjury, assault and theft.
Documents in chronological order.
Available for general access.
Copyright to these records rests with the Corporation of London.
English
Fit
Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm
Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.
November 2009 to February 2010 Court of King's Bench x Court of Queen's Bench Documents Primary documents Wills Chancery courts Legal systems Finance Debts Financial resources Legal history Law Court of Common Pleas Information sources Court of the Exchequer Records and correspondence Records (documents) Court of Exchequer Court records Court papers Courts Court of Queen's Bench Administration of justice Legal procedure Assault Crime Theft Court of Chancery London England UK Western Europe Europe Middlesex
Immediate source of acquisition or transfer
Gifted to the Archive in January 1956.
Content and structure area
Scope and content
Legal proceedings for various courts, 1701-1783, including Exchequer proceedings, Common Pleas proceedings, Queens Bench proceedings, and Chancery proceedings. The court cases relate to debts, damages, disputes over wills and inheritance, perjury, assault and theft.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Documents in chronological order.
Conditions of access and use area
Conditions governing access
Available for general access.
Conditions governing reproduction
Copyright to these records rests with the Corporation of London.
Language of material
- English
Script of material
- Latin
Language and script notes
English
Physical characteristics and technical requirements
Finding aids
Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm
Allied materials area
Existence and location of originals
Existence and location of copies
Related units of description
Notes area
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.
Status
Level of detail
Dates of creation revision deletion
Language(s)
- English