Nature of Source
Records from one of the common-law courts that heard civil disputes (actions) between individuals principally about land or property, real estate and debt. The court held jurisdiction over almost all civil litigation and also supervised local and manorial courts.
The proceedings were recorded on Plea Rolls or De Banco Rolls and included the writ, pleadings, verdict, and judgment of each civil action. The Plea Rolls present some form of cohesive narrative of a dispute and record the nature of the action, an account of the case and the final judgement. Many of the records relate to disputes over land and property tenure. The Recovery Rolls of the court are of particular interest as land disputes were recorded separately on the rolls.
The legal system that developed in medieval Britain centred around the principals of common law dominated by the royal courts, known as the King’s or Royal Court otherwise referred to as the Curia Regis. In the 12th century the King’s Court divided into two separate entities, firstly the Court of Common Pleas and secondly the King’s Bench. Three competing courts were active in hearing common law cases, namely the Exchequer (which later developed into an equity court), the Court of Common Pleas, and the King’s Bench. The principles of equity justice which for many offered a fairer less rigid system of justice did not develop until the mid 14th century.
The court originated in 1178 but only maintained separate rolls in 1223 before which date it formed a part of the Curia Regis. It competed with the Court of King’s Bench and the Court of Exchequer until the Supreme Court of Judicature was established in 1873. Under the far-reaching reforms of the Judicature Acts of 1873 and 1875, existing courts were combined into the Supreme Court of Judicature which was subdivided into the High Court and the Court of Appeal. Under the terms of the Acts, the King’s/Queen’s Bench, the Court of Chancery, the Court of Common Pleas and the Court of Exchequer became part of the High Court of Justice.
Title deeds and pedigrees can be found amongst the court records of land tenure disputes. The court was used to hear fictitious actions known as Feet of Fines which were used to obtain the court’s ruling on property ownership and transfers. It also heard common recovery cases where land held in fee tail was in dispute.
The records of the common law courts are heavily abbreviated and written in a technical language. Even those written in English employ the style of a technocrat. They are therefore inaccessible to most researchers without excellent palaeographic skills and a good understanding of legal procedures.
Where Found
The National Archives (CP 40, Court of Common Pleas: Plea Rolls)
Selden Society (Published volumes. The society publishes records from the Court of Common Pleas such as De Banco Rolls and Curia Regis Rolls. Each volume includes an introductory essay on the material)
Period Covered
1194 – 1880
Genealogical Value
- Names, addresses, ages, occupations, status and family relationships even from previous generations.
- Birth, marriage and death dates.
- Land ownership details.
- Deponent’s name, age, address, occupation and other personal information.
Further References
- Bevan, Amanda. Tracing Your Ancestors in the National Archives: The National Archives, 2006
- Hastings, Margaret. The Court of Common Pleas in the Fifteenth Century: A Study of Legal Administration and Procedure: Cornell University Press, 1947
- Jacob, Giles. A New Law-Dictionary: Containing The Interpretation and Definition of Words and Terms Used in the Law: London, 1729 five editions (Some editions available to read online or download from Google Books and the Internet Archive)
- Oates, Jonathan. Tracing Your Ancestors from 1066 to 1837: Pen and Sword Books, 2012
Websites
www.medievalgenealogy.org.uk/guide/leg.shtml (Some Notes On Medieval English Genealogy: Common Law Records)
www.medievalgenealogy.org.uk/sources/law.shtml (Some Notes On Medieval English Genealogy: Medieval source material on the internet: Common law records)
https://en.wikipedia.org/wiki/Court_of_Common_Pleas_(England) (Wikipedia, The Free Encyclopedia: Court of Common Pleas)
https://discovery.nationalarchives.gov.uk/details/r/C61 (The National Archives Catalogue Entry: Records of the Court of Common Pleas and other courts)
https://media.nationalarchives.gov.uk (The National Archives Archives Media Player: The Court of Common Pleas and its records, c1200-1875. James Ross provides an introduction to the history of Common Pleas, its jurisdiction and discusses ways into the numerous records of the court)
www.british-history.ac.uk/no-series/common-pleas/1399-1500/introducing-common-pleas (British History Online: Introducing the Common Pleas)
www.parliament.uk/about/living-heritage/building/palace/westminsterhall/government-and-administration/early-law-courts (U.K. Parliament: Early law courts)
General Court Resourses
www.nationalarchives.gov.uk/help-with-your-research/research-guides/courts-of-law-records-held-in-other-archives (The National Archives Guide: How to look for records of courts of law records held in other archives. Use this guide if you are researching courts of law records in England and Wales and are interested in collections which are held by archives other than The National Archives)
www.nationalarchives.gov.uk/help-with-your-research/research-guides/criminal-courts-england-wales-from-1972 (The National Archives Guide: How to look for records of Criminal courts in England and Wales from 1972. This research guide provides advice on finding records of the Crown Court and magistrates’ courts. Crown and magistrates’ courts replaced the assize and quarter sessions courts in 1971)
www.nationalarchives.gov.uk/help-with-your-research/research-guides/trials-old-bailey-central-criminal-court (The National Archives Guide: How to look for records of trials in the Old Bailey and the Central Criminal Court. This guide will help you to find records of trials held at the Old Bailey since 1674, as well as records of the prisoners and convicts tried and held there. The Old Bailet was reborn as the Central Criminal Court in 1834)
www.nationalarchives.gov.uk/help-with-your-research/research-guides/criminals-and-convicts (The National Archives Guide: How to look for records of criminals and convicts)
www.nationalarchives.gov.uk/help-with-your-research/research-guides (The National Archives Research Guides: Crime and Criminals. Each guide tells you where you can find, access and understand the relevant records for people interested in the history and records of crime and punishment)
www.cityoflondon.gov.uk/things-to-do/history-and-heritage/guildhall-library/family-history/tracing-london-criminals Guildhall Library: Sources for tracing London criminals: Old Bailey Sessions Papers. The Papers, covering 1673 to 1913, are made up of printed transcripts of both London and Middlesex trials and usually contain more information about the accused and the circumstances of the offence than the formal official records. Other sources include: Accounts of the Ordinary of Newgate, the British Trials microfiche and the Criminal Register Indexes)
www.oldbaileyonline.org/static/Linked-records.jsp (Old Bailey Proceedings Online: This page describes some of the other sources to help find more information about the circumstances of a case, the individuals involved, and the defendant’s subsequent history)
www.judiciary.uk/about-the-judiciary/history-of-the-judiciary (Courts and Tribunals Judiciary: History of the judiciary)
Online Databases
British History Online
Search Transcribed records from the Court of Common Pleas, 1399-1500 extracted from TNA series CP 40 held at The National Archives. The site consists of a digital library of British historical sources developed by Institute of Historical Research and the History of Parliament Trust. The site is free to use with a search facility linking users to full transcripts of various sources.
Anglo-American Legal Tradition
Explore digital images of documents from Medieval and Early Modern England from The National Archives, 1200 to 1650. Series covered include:
- Series CP 40 (Court of common pleas plea rolls)
- Series KB 27 (Court of king’s bench plea rolls)
- Series E 159 and E 368 (Memoranda rolls)
- Series E 13 (Exchequer plea rolls)
- Series C 33 (Chancery orders and decrees)
- Series JUST 1 (Records of the General Eyre and commissions of assize)
- Series CP 25 (Feet of Fines)
Medieval Genealogy
Court of Common Pleas plea rolls (CP 40). Search indexes to selected plea rolls for the period 1349-1596, compiled by Vance Mead and Rosemary Simons.
CD Roms
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