Steven Smyrl explains how to access these invaluable name-rich sources from the 17th, 18th and 19th centuries
By and large, the Irish Court of Chancery mirrored its counterpart in England and Wales. It was the king and his government’s secretariat, presided over by the lord chancellor. Originally only administrative, during the 16th century it developed a judicial jurisdiction as a court of equity.
Sometimes known as the king’s conscience, equity was a form of law based upon precedent that evolved over time and involved pleas to the lord chancellor to find equitable solutions in cases where none existed in statute or common law. This developed into the civil Court of Chancery, hearing cases brought between citizens.
The common-law courts were limited to awarding plaintiffs damages, but Chancery’s equity jurisdiction was much broader, providing remedies through injunctions. These were ‘orders of specific performance’ compelling parties to undertake (or refrain from) a particular course of action. Many of its cases involved contracts, property of married women, mortgages, trusts, estate matters dealing with personal property, or litigants who were seeking the discovery of information for further legal proceedings.
Chancery proceedings took the form of written submissions and were initiated by way of a bill of complaint, often referred to as an ‘English Bill’ because it was written in English.
These were filed by the plaintiff, and the defendant was obliged to reply in the form of a sworn answer. This might be followed by further statements by the parties, a ‘replication’ by the plaintiff and a ‘rejoinder’ by the defendant – and even a ‘sur-rejoinder’ from the plaintiff in response. Collectively, all such documents comprised the ‘pleadings’.
Questions And Answers
Additional evidence required by the court was requested by way of written questions (‘interrogatories’) and replied to in writing (‘depositions’). Assets brought into the custody of the court (‘placing money in Chancery’) were overseen by the Masters’ Office. When the judge came to consider the case, any interim directions made would be entered into the series of order books. Final decisions were issued in the form of decrees.
All this being said, the original records of Chancery were virtually all destroyed in the fire that consumed the Public Record Office of Ireland in Dublin in June 1922 during the Irish Civil War. However, in addition to a small number of original bills dating from the 16t
